Recent archaeological discoveries show ancient, and particularly Near Eastern society to have been supremely contractual, while Mediterranean society was historically characterized by strong family structures, challenging the 19th century evolutionary Status-to-Contract canon.

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition (...) in attempts to secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

This paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason - i.e. prudence. In fact, it is during his (...) work on Leviathan that Hobbes notes the doctrine's main shortcoming, namely the limitation of its dialectical potential to cases in which contract-breakers are publicly identifiable. This essay shows Hobbes's doubts about his Leviathan's treatment of contractual obligation by way of a close reading of its central 15 th chapter and an analysis of some revealing shifts between the English Leviathan and the Latin edition. The paper ends by suggesting that Hobbes's awareness of the flaws at the heart of his political philosophy helps account for some striking changes in his latest writings. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the (...) two warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (shrink)

Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the one hand, there is (...) a ‘deflationary’ approach, on which the state ceases to confer marital status, but does remain in the status-conferring business. On this approach, the state would still bestow a certain ‘thinner’, more ‘neutral’ legal status – as it does when it creates civil unions, for instance. Call this the ‘Status Model’ of disestablished marriage. On the other hand, there is an ‘eliminativist’ approach, on which the state ceases to confer any sort of status at all – not even the thin or neutral status of ‘civilly-unioned’. There simply are no registered domestic partnerships. What there is, is contract law, and individuals entering into contracts for life-partnership – contractual arrangements which might assume any of a wide variety of forms. Call this the ‘Contract Model’ of disestablished marriage. In this paper, I explore the merits of these competing models. After briefly discussing what it means to speak of ‘disestablishing marriage’, and examining the case for disestablishment, I proceed to consider the advantages and disadvantages of each model. My tentative conclusion is that the Contract Model is the one that best instantiates cardinal liberal virtues. (shrink)

Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general (...) philosophical morals: luck egalitarians have not adequately defended the presumption of equality and they face serious obstacles in doing so; Rawls has defended it, but only indirectly via the contract apparatus. This approach narrows the presumption’s appeal. Third, I consider and reject two alternative ways of understanding the presumption of equality that might avoid the problems revealed by my examination of extant views. The first appeals to the idea of value pluralism. The second treats the presumption as a view about the burden of proof. I conclude, ultimately, that it is misleading to think of distributive egalitarianism as typically having the form of a presumption argument. (shrink)

Philosophy begins and ends in disagreement. Philosophers disagree among themselves in innumerable ways, and this pervasive and permanent dissent is a sign of their inability to solve philosophical problems and establish substantive truths. This raises the question: What should I do with my philosophical beliefs in light of philosophy's epistemic failure? In this open-access book, János Tozsér develops four possible answers into comprehensive metaphilosophical visions and argues that we cannot find peace either by committing ourselves to one of these visions (...) or by abandoning our philosophical beliefs. Tozsér calls this disheartening insight "the experience of breakdown", making the case that philosophy's truth-seeking and justificatory tools are unsuitable for establishing truths. Shedding light on the epistemic status of our philosophical beliefs, Tozsér adopts a broad approach to assess the metaphilosophical visions used by philosophers to interpret their own activity and determine their epistemic self-esteem. Open access was funded by the Research Centre for the Humanities, Hungary. (shrink)

In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative consequences of a proscribed act – this (...) is the consent which Nino employs. I argue that Nino’s conception of consent in crime exhibits many common features of “everyday” consent, which justify that it be classed as a form of (implied) consent. h us, Nino is right to claim that the consent in crime is similar to the consent in contracts and to the consent to assume a risk in tort law. (shrink)

This essay develops a thesis regarding the manner through which social institutions such as property come to be, and a second thesis regarding how such institutions ought to be legitimated. The two theses, outlined below, are in need of explication largely because of the entrenched cultural influence of an erroneous reading of social contract theory concerning the historical origins of the state. In part A, I introduce that error. I proceed in parts B and C to present two central (...) theses about institutions: Thesis 1: The construction of social institutions can be understood clearly only if that topic is distinguished from the topic of their normative status, or legitimacy. Thesis 2: The normative status of such institutions can be understood properly only if their legitimacy is distinguished from the legitimacy of government. With the distinction of Thesis 1 in place, an informative socio-technical account of the construction of institutions can be formulated with little ado. This allows for clarity concerning how institutions might be legitimated (Thesis 2), and consequently, legitimation can proceed. Some fundamentals of legitimation from a Kantian perspective are outlined in Part C. (shrink)

The indirect argument (IA) for incompatibilism is based on the principle that an action to which there is no alternative is unfree, which we shall call ‘PA’. According to PA, to freely perform an action A, it must not be the case that one has ‘no choice’ but to perform A. The libertarian and hard determinist advocates of PA must deny that free will would exist in a deterministic world, since no agent in such a world would perform an action (...) to which there were alternatives: an action there being the necessary consequence of preceding events and the laws of nature, it would not be possible for a person to perform actions besides those he actually performs. Determinism is seen here as “indirectly” ruling out free will by making the satisfaction of a necessary condition of free agency impossible, the former requiring, according to the leading proponent of libertarianism, Robert Kane, the performance of free actions. To have a free will, on his view, is to have committed “self-forming” actions, that is, to have done things to which there were alternatives the doing of which led to the development of the desires, preferences, and beliefs that make up one’s character. -/- The range of phenomena obeying probabilistic laws has yet to be ascertained. Under certain assumptions, both STR and GTR entail an indeterministic mechanics. But, contrary what is often claimed, quanta do not behave indeterministicly: the wave function/probabilistic laws being necessary only insofar as we wish to macroscopicly describe their behavior. It is far less clear, however, that the macro-events involved in human decision making and behavior, such as the releasing of neurotransmitters and the contracting of muscles, occur indeterministically. The ontological status of these events-whether or not they are the necessary effects of prior occurrences-is, of course, what matters in the free will debate. For present purposes, however, this question will be put aside. Instead, I will concentrate on buttressing the existing case against PA, aiming to show that even if deterministic laws hold at the level of macro-phenomena, free will remains a possibility. That is to say, I shall defend the thesis that so-called “Frankfurt cases” demonstrate that alternatives are not required to perform an action that is free in the sense of being something for which its agent is responsible. -/- My defense will be carried out in three stages. First, I must respond to those who maintain that a Frankfurt case is not a counterexample to PA because it is not an example of someone acting without alternatives. Here, I confront the question of how “robust” an alternative must bein order to provide an agent with a way of avoiding praise or blame for the action that she actually commits. Secondly, I must show that an agent may be praiseworthy or blameworthy despite lacking alternatives at the time at which she acts, i.e., an appropriate object of one of a Strawsonian “reactive attitude” sans what I shall call “local” alternatives. At this point, I must attend to David Widerker’s recent critique of the use of Frankfurt cases as counterexamples to PA. Finally, I set for myself what I take to be the most difficult task of a compatibilist: demonstrating that not even an “historical” alternative-the possibility of having chosen a different path in life than the one that one has actually taken-is needed to have a free will. In this connection, it will be incumbent upon me to explain why it would be fair to hold someone accountable for behavior issuing from a self she did not create, dispositions originating from natural conditions she did not establish. That is to say, in denying that a free will entails the ability to transcend oneself, I shall be faced with what Kane calls the “ultimacy” problem: how to explain away the incompatibilist’s intuition that it is senseless to adopt a reactive attitude towards someone incapable of self-transcendence, even if such a reaction is itself unavoidable. By showing that the desire for self-transcendence is itself irrational, I intend to solve this problem. I will, thus, be left defending a version of compatibilism according to which a free will is to be understood as a healthy faculty-the will-being exercised in an environment conducive to self-realization, which is its purpose. (shrink)

Competitive quiz shows, and Jeopardy! in particular, occupy a unique place among TV game shows. The most successful Jeopardy! contestants—Ken Jennings, Brad Rutter, Frank Sparenberg, and so on—have appeared on late night talk shows, been given book contracts, and been interviewed by major newspapers. This sort of treatment is substantially different than, say, the treatment that the winners of The Price is Right or Deal or No Deal are afforded. The distinctive status of quiz shows is evidenced in other (...) ways as well; for instance, consider the widespread public outrage that accompanied the discovery of fixed quiz shows in the 1950s of the fact that, when IBM wanted to find a task to test the latest developments of artificial intelligence, they chose the game of Jeopardy. In this essay, I’ll take a look at Jeopardy! as an exemplar of a certain sort of game, and will suggest that part of what gives Jeopardy! its distinctive status is that it is a qualitatively good game—that is, it is a game that that fulfills just those functions a game is supposed to fulfill. I’ll begin by showing how Jeopardy! meets Bernard Suits’ (1967, 1988, 2005) definition of games, according to which games are characterized as activities that have certain sorts of rules and in which participants are required to have the right attitude toward these rules. Among other things, I’ll talk about the role played by some of Jeopardy’s distinctive rules (“remember to phrase your answer in the form of a question”) and about the possible differences a monetary reward makes to game players’ attitudes. I’ll then go on to talk about what distinguishes Jeopardy! from other, superficially similar sorts of games. I’ll concentrate on three factors in particular: (1) the fact that the skills required by Jeopardy! have value outside of the game, (2) the fact that observers in Jeopardy! can “play along” with the contestants on TV, and (3) the fact that success in the game is determined, to a very great extent, by the skills of the participant and not by other facts (such as luck). To close, I’ll talk more generally about the distinction between good games and not-so-good games, and will discuss why it is that good games are worth taking seriously. In this section, I’ll discuss some recent work on the value of games and sports, and will make some suggestions about how these accounts might be tailored to account for the specific virtues of a game like Jeopardy. (shrink)

The papers collected in this volume explore the richness of Adolf Reinach's short but penetrating philosophical work. Basically, three topics are covered; one group of papers deals with ontology broadly construed, covering the ontological status and nature of Reinach's realism, his contribution to the contemporary understanding of states of affairs, and his ontology of legal objects. The second group of papers deals with social acts and their products, focusing on the structure of social acts and their nature as social (...) encounters, promises and normativity, and contracts and exchanges. A final paper in this issue covers the contemporary concerns in the philosophy of feelings, emotions and values from the perspective of Reinach and his interlocutors. In this way, the contributors, with varying types of emphasis, stress the continuing relevance of Reinach's ideas, and with novel contributions to our understanding of him, they establish vistas for further research in dialogue with contemporary accounts of the respective phenomena. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

My paper builds on the conceptual tools from three interrelated philosophical debates that—as I believe—may help structure important if chaotic discussions about surrogates for living human brains and resolve some practical issues related to regulatory matters. In particular, I refer to the discussions about the “moral precautionary principle” in research ethics (Koplin and Wilkinson 2019); about normative uncertainty in ethics (MacAskill, Bykvist, and Ord 2020), and about the inductive risk problem for animal welfare scientists (Birch 2018). I elucidate upon the (...) possible meanings of the phrase “a too good human brain surrogate” used by Henry T. Greely (2021), and I demonstrate that the evaluation of the practical and regulatory implications of the “goodness” of such surrogates created for research purposes should be sensitive to the possible consequences of two types of errors: the under-attribution and over-attribution of moral status to such beings. Many authors writing about this topic (including Greely 2021, but see also, e.g., Koplin and Savulescu 2019) concentrate only on the first type of error, neglecting the negative consequences of the second type, i.e., over-attribution. (shrink)

This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a (...) valid complaint. This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I claim that the doctrine can be best explained by the way in which a party who engages in exploitative behavior may lose her moral standing to complain. It is because such a party has lost her moral standing to complain that the law, through unconscionability doctrine, bars her from bringing a legal complaint. This explanation avoids the oft-issued charge of paternalism and it also offers benefits over an alternative state-oriented account developed recently by Seana Shiffrin. Using the conceptual distinction behind this account of unconscionability, this Article further argues that recent theoretical debates about the relationship between contract law and morality have been largely misconceived. Those debates have focused on whether contract law and morality impose parallel obligations. Once one appreciates the difference between imposing obligations and recognizing complaints, the comparison looks quite different. Contract law recognizes valid complaints against broken promises, much as morality recognizes moral complaints. (shrink)

Some feminists hold that surrogacy contracts should be unenforceable or illegal because they contribute to and perpetuate unjust gender inequalities. I argue that in developed countries, surrogacy contracts either wouldn't have these negative effects or that these effects could be mitigated via regulation. Furthermore, the existence of a regulated surrogacy market is preferable on consequentialist grounds.

The dominant conceptions of moral status in the English-speaking literature are either holist or individualist, neither of which accounts well for widespread judgments that: animals and humans both have moral status that is of the same kind but different in degree; even a severely mentally incapacitated human being has a greater moral status than an animal with identical internal properties; and a newborn infant has a greater moral status than a mid-to-late stage foetus. Holists accord no (...) moral status to any of these beings, assigning it only to groups to which they belong, while individualists such as welfarists grant an equal moral status to humans and many animals, and Kantians accord no moral status either to animals or severely mentally incapacitated humans. I argue that an underexplored, modal-relational perspective does a better job of accounting for degrees of moral status. According to modal-relationalism, something has moral status insofar as it capable of having a certain causal or intensional connection with another being. I articulate a novel instance of modal-relationalism grounded in salient sub-Saharan moral views, roughly according to which the greater a being's capacity to be part of a communal relationship with us, the greater its moral status. I then demonstrate that this new, African-based theory entails and plausibly explains the above judgments, among others, in a unified way. (shrink)

Organizations have neither a right to the vote nor a weighty right to life. We need not enfranchise Goldman Sachs. We should feel few scruples in dissolving Standard Oil. But they are not without rights altogether. We can owe it to them to keep our promises. We can owe them debts of gratitude. Thus, we can owe some things to organizations. But we cannot owe them everything we can owe to people. They seem to have a peculiar, fragmented moral (...) class='Hi'>status. What explains this? Individualistic views explain this in terms of individualistic notions alone. Such notions don’t invoke any distinctive features of organizations. They just invoke the features of individual members of organizations. Collectivistic views, instead, explain this in terms of collective notions alone. Such notions don’t invoke the features of individual members of organizations. They just invoke the features of those organizations. We argue that neither approach works. Instead, one needs to synthesize the two approaches. Some individual interests, we think, are distinctively collective. We, as individuals, have a distinctive interest in playing a part in successful collective action. From this, so we argue, flows the apparently peculiar, fragmented moral status of organizations. (shrink)

Socioeconomic status refers to the family's social and economic standing in society. It is measured by combining an individual or group's economic and social position, which is often based on income, education, and occupation. It significantly affects academic performance and even one's health status. The pandemic changed the educational system, causing a huge transition from traditional learning methods to online learning. This shift resulted in confusion, burden, and difficulty among students from different walks of life. This study was (...) conducted to determine the academic stress on online learning among nursing students in relation to their economic status and their ability to access technology. The study utilized a quantitative-correlational method aided by a standard questionnaire. Two hundred thirty-six University of Bohol nursing students enrolled in the second semester of SY 2021–2022 were included in the study by random selection. Data revealed a significant correlation between economic status and the level of stress related to academic expectations and a significant correlation between economic status and access to technology after being subjected to the Spearman rho test of correlation. However, no significant correlation was found between access to technology and the respondents' level of academic stress. (shrink)

Calum Miller recently argued that a commitment to a very modest form of egalitarianism—equality between non-disabled human adults—implies fetal personhood. Miller claims that the most plausible basis for human equality is in being human—an attribute which fetuses have—therefore, abortion is likely to be morally wrong. In this paper, I offer a plausible defence for the view that equality between non-disabled human adults does not imply fetal personhood. I also offer a challenge for Miller’s view.

Van Gordon et al. outline the classification of their Ontological Addiction Theory (OAT), including its aetiology and treatment. In this review article I will from an appreciative perspective question some of its fundamental assumptions by presenting an alternative view on the ontology of ‘the person’, as distinct from its presently assumed conventional conflation with a contracted separate egoic self. I will propose this view as structurally and ethically significant for the ‘embodied’ experience of a reconstructed “dynamic and non-dual self”, as (...) cultivated in their treatment. Rather than this reconstructed self simply being socially desirable for functional purposes, I will underscore the meaning-generative case for ontological status, in the absence of which, a pervasive ‘sense of lack’ is evident, with all attendant individual, psychological, social, ecological and ethical implications. This article brings a developmental psychology perspective to bear in appreciating ‘personhood’ as an emergent, progressively realised and is thus similarly aligned with the intent of OAT in overcoming egoic addictive suffering. This mapping of the territory however populates a blind spot in OAT’s diagnosis by affirming unique personhood, a quality of ‘integrative presence’, meaningfully understood as a psycho-spiritual ontological reality. It offers, as with OAT’s stated intent, the merit of avoiding attendant mental health and developmental pitfalls, which can beset what we may discern as an implicit transcendental reductionist assumption operative in OAT, where ‘the many’ are reduced to ‘the One’ and there are, it is assumed, no real many. This framing is resonant with the lived experience of healthy ‘individuation’, a process distinct from the problematic phenomenon of ‘individualism’, evidenced by the empirical data on post-conventional human development, which potentially provides diagnostic markers for any optimal treatment discernment. It is also attuned to what many recognise as a contemporary Fourth Turning in Buddhism, in its conscious evolutionary recognition of the emergence in non-dual states of a ‘unique personal perspective’, and/or a relative individuation within the whole. This differentiation has formerly been interpreted through an ‘impersonal’ lens as an egoic holdover, and potentially inhibits ethical action in the world, as distinct from the ethical import and potential fruits stemming from the ontological affirmation of the person. Keywords: ego; unique personhood; ontology; epistemology; contemplative traditions; Western Enlightenment; developmental psychology; transcendental reductionism; Fourth Turning in Buddhism. (shrink)

Are universities justified in trying to regulate student use of cognitive enhancing drugs? In this article I argue that they can be, but that the most appropriate kind of regulatory intervention is likely to be voluntary in nature. To be precise, I argue that universities could justifiably adopt a commitment contract system of regulation wherein students are encouraged to voluntarily commit to not using cognitive enhancing drugs. If they are found to breach that commitment, they should be penalized by, (...) for example, forfeiting a number of marks on their assessments. To defend this model of regulation, I adopt a recently-proposed evaluative framework for determining the appropriateness of enhancement in specific domains of activity, and I focus on particular existing types of cognitive enhancement drugs, not hypothetical or potential forms. In this way, my argument is tailored to the specific features of university education, and common patterns of usage among students. It is not concerned with the general ethical propriety of using cognitive enhancing drugs. (shrink)

Our main goal is to investigate whether the infinitary rules for the quantifiers endorsed by Elia Zardini in a recent paper are plausible. First, we will argue that they are problematic in several ways, especially due to their infinitary features. Secondly, we will show that even if these worries are somehow dealt with, there is another serious issue with them. They produce a truth-theoretic paradox that does not involve the structural rules of contraction.

In this paper, I propose the concept of the “animated persona,” a soundless voice that says, “I am here” and appears on the surface of someone or something. This concept can bring clarity to the experience of perceiving a kind of personhood on a corpse, a wooden mask, or even a tree. In the first half of this paper, I will examine some Japanese literature and a work of Viktor Frankl’s that discuss these phenomena. In the second half, I will (...) analyze the concept of animated persona from five perspectives: (1) a compelling power, (2) surface-ness, (3) religious experience, (4) universality, and (5) the meaning of “I.” Lastly, I will discuss the relationship among the three layers of biological object, animated persona, and self-conscious being. My aim is to shed new light on the meaning of the encounter between the living and the dead. (shrink)

Timothy Hsiao argues that animals lack moral status because they lack the capacity for the sort of higher-level rationality required for membership in the moral community. Stijn Bruers and László Erdős have already raised a number of objections to this argument, to which Hsiao has replied with some success. But I think a stronger critique can be made. Here I raise further objections to three aspects of Hsiao's view: his conception of the moral community, his idea of root capacities (...) grounded in one's nature, and his explanation of why cruelty is wrong. I also argue that sentience is a more plausible candidate for the morally salient capacity than rationality. (shrink)

Michel Serres’s proposal to extend the social contract to a natural contract has been met with criticism and misunderstanding. In this article, I would like to respond to common criticisms by reconsidering two central related concepts. It is claimed that we cannot represent nature’s interests and therefore cannot come to an agreement, and thus a contract, with nature. However, I will suggest a way out by reinterpreting representation and agreement. I will start with the problem of representation: (...) nature cannot be represented. Specifically, I will present two counterarguments. The first argument is that political representation is always difficult, even in the case of human beings. Representing nature only seems more difficult because we have forgotten the difficulties associated with representing humans. The second argument aims to rethink representation. Representing nature only seems so hard because we tend to follow a cognitive understanding of representation, as if representation is about representing the ideas of the represented party. Instead, following Michael Saward, I propose an alternative understanding of representation as a game of representative claims and counterclaims: political representation is about claiming to speak on behalf of a referent and then allowing that referent to respond to that claim. Then I turn to the problem of agreement. A natural contract seems difficult because it is hard to imagine what it would mean for nature to agree to a particular proposal. To counter this, I turn to the notion of symbiosis, found in the work of Serres. A natural contract, I will argue, need not be a contract of consensus or synthesis. The alternative is a contract of symbiosis, which does not require all parties to have a common understanding of the situation. Instead, it allows for an agreement in which all parties have their own interests and definition of the situation. In this sense, a natural contract can make sense if it is understood as a contract in which symbiosis is achieved through political representation based on a game of claims and counterclaims. (shrink)

This paper offers several criticisms of the account of rightholding laid out in S. Matthew Liao’s recent paper “The Basis of Human Moral Status.” I argue that Liao’s account both does too much and too little: it grants rightholder status to those who may not deserve it, and it does not provide grounds for offering such status to those who arguably do deserve it. Given these troubling aspects of his approach, I encourage Liao to abandon his “physical (...) basis of moral agency” account of moral status and instead adopt a position closer to a traditional “speciesist” view. (shrink)

Some theorists have developed formal approaches to truth that depend on counterexamples to the structural rules of contraction. Here, we study such approaches, with an eye to helping them respond to a certain kind of objection. We define a contractive relative of each noncontractive relation, for use in responding to the objection in question, and we explore one example: the contractive relative of multiplicative-additive affine logic with transparent truth, or MAALT. -/- .

This paper starts by providing a succinct overview of the sensorimotor approach to phenomenal consciousness, describing its two parts: the part that concerns the quality of sensations, and the part that concerns whether or not such qualities are (consciously) experienced. The paper goes on to discuss the explanatory status of the approach, claiming that the approach does not simply “explain away” qualia, but that on the contrary, it provides a way of thinking about qualia that explains why they are (...) the way they are, stimulates scientific paradigms and produces testable predictions. A final part of the paper examines the relation of the theory to radical enactivism, claiming that some kind of “higher order” cognitive mechanism similar to that used in Higher Order Thought theories of consciousness is needed to account for what is usually meant by being conscious of something. (shrink)

An important question for proponents of non-contractive approaches to paradox is why contraction fails. Zardini offers an answer, namely that paradoxical sentences exhibit a kind of instability. I elaborate this idea using revision theory, and I argue that while instability does motivate failures of contraction, it equally motivates failure of many principles that non-contractive theorists want to maintain.

There is a great deal of room for misunderstanding in the pages of Jean-Jacques Rousseau’s work. His prose is not as weighed down by jargon as Heidegger’s or as difficult to wade through as Hegel’s — by all accounts his writing is easy to parse! And yet, at times, his writing seems to leave too much up in the air. As such, his work has been both a guiding star for the political left and decried as a wolf in sheep’s (...) clothing. Much of this disparity in opinion can be traced back to a common concern that Rousseau’s attempt to create a basis for legitimate political power seems to take place at the expense of individual freedom. But this raises a question: What is freedom for Rousseau? (shrink)

Kagan argues that human beings who are neither persons nor even potential persons — if their impairment is independent of genetic constitution — are modal persons: individuals who might have been persons. Moreover, he proposes a view according to which both personhood and modal personhood are sufficient for counting more, morally, than nonhuman animals. In response to this proposal, I raise one relatively minor concern about Kagan's reasoning — that he judges too quickly that insentient beings can have interests — (...) before engaging the appeal to modal personhood. I challenge the thesis that modal personhood is relevant to one's moral status, first, by way of analogy to a kicker who misses a field goal though he might have made it; second, by casting doubt on implications for two impaired infants ; and, finally, by examining implications for dogs who would count as modal persons when genetic enhancements are capable of transforming them into persons. (shrink)

Is the Smartphone (SP) an extension of consciousness or just an (other) externalization of the mind and an extension of the social? The concept of externalizing the mind more appropriately describes a series of processes that tend to be considered extensions of the mind. The human mind has evolved concurrently with various externalizations, such as utensils and language, as contributions to the development of the common environment of humanity: culture and civilization. Externalizations indicate the appearance of the human mind while (...) the extensions take into account the possibility of passing to another level (the singularity of consciousness). SP is a handy tool that mediates the personal relationship with the world, benefiting from a level of integration into the global workspace of the mind. Externalization called the SP could be a bridge from the externalization of the mind to its extensions, making the ontological leap from the utensil status to that of "part of the mind". SP is a mediator of an environment: it mediates between the mind and a special social environment called the Internet (mediates access to cognitive support provided by society through the virtual world), which is gradually becoming another reality. SP is part of the extension of human society by introducing tools into the network of personal relationships. Not the mind is expanded, but the social network, increasing the number of entities with which the human can create and maintain relationships. SP may be an extension of the social rather than an extension of the mind because it mediates an increase in the complexity of social relations that can lead to the emergence of "collective minds" (causing a change in the ontological status of society). Changing cognitive demands is a feature of the world's progress. Progress brings along with it cognitive costs of integration, technical solutions like SP, aimed at reducing these costs, generating an evolutionary advantage in the new social context. From an evolutionist perspective, the world means precisely this kind of modification of cognitive demands necessary for survival, SP joining the set of tools that mediate the cognitive progress of the world in which the human is inserted. We propose the use of an evolutionary cognitive economy principle, based on avoiding unnecessary costs, reducing losses and optimizing cognitive gains. (shrink)

The meaning of Lorentz contraction in special relativity and its connection with Bell’s spaceships parable is discussed. The motion of Bell’s spaceships is then compared with the accelerated motion of a rigid body. We have tried to write this in a simple form that could be used to correct students’ misconceptions due to conflicting earlier treatments.

Nicholas Agar argues, that enhancement technologies could be used to create post-persons—beings of higher moral status than ordinary persons—and that it would be wrong to create such beings.1 I am sympathetic to the first claim. However, I wish to take issue with the second.Agar's second claim is grounded on the prediction that the creation of post-persons would, with at least moderate probability, harm those who remain mere persons. The harm that Agar has in mind here is a kind of (...) meta-harm: the harm of being made more susceptible to being permissibly harmed—more liable to harm. Agar suggests that, if post-persons existed, mere persons could frequently be permissibly sacrificed in order to provide benefits to the post-persons. For instance, perhaps they could be permissibly used in lethal medical experiments designed to develop medical treatments for post-persons. By contrast, he suggests that mere persons typically cannot be permissibly sacrificed to provide benefits to other mere persons. He thus claims that mere persons would be more liable to sacrifice if post-persons existed than they are in the absence of post-persons. The creation of post-persons would make them worse off in at least this one respect.Agar then argues that, since this meta-harm imposed on mere persons would not be compensated, it would be wrong to create post-persons. It is here that I believe his argument begins to go awry. According to the concept of compensation that Agar deploys , a harm imposed on X is compensated just in …. (shrink)

Academic integrity is an essential pillar of any educational system. It is defined as acting in a manner consistent with the values and accepted standards of ethical practices in teaching, learning, and scholarship (Fishman, 2015). Contract cheating, or ghostwriting, is currently one of the most severe violations of academic integrity. It involves students engaging a third party, usually an online essay writing service, to complete their academic works on their behalf (Draper et al., 2021). Some of these services offer (...) pre-written essays, whereas others offer bespoke custom-written essays. According to the academic literature, the advent of the internet and digital technologies underlay this rapid deterioration of academic integrity (Ison, 2020; Lancaster & Clarke, 2014). Different learning environments, such as face-to-face (i.e., a learning environment involving the physical presence of both instructor and students) and online web-based (i.e., teaching mode that takes place partially or entirely over the internet), have been shown to affect academic integrity in different ways (Eshet et al., 2021). While contract cheating is common in both conventional face-to-face (F2F) and online settings, it is more likely to take place in the latter (Lancaster & Clarke, 2014; Slade et al., 2018). There are several possible explanations for why online students engage in contract cheating more often than F2F students. In particular, this includes the problem issue of psychological distance, which adversely affects interpersonal relationships; and the problem issue of moral distancing, because the internet can obscure the line between academically honest and dishonest behavior (Sharma & Maleyeff, 2003). These issues were further exacerbated by the sudden shift from F2F to emergency remote teaching (ERT) in response to the COVID-19 pandemic (Ahsan et al., 2021; Bjelobaba, 2021). Indeed, contract cheating had become a significant COVID-19 side effect for higher education institutions. In contrast to the well-planned F2F or online learning courses, ERTbased courses are not originally designed to be delivered virtually (Fatonia et al., 2020). The chaos brought by the abrupt campus closure and related unexpected transition to ERT provided both the opportunity and the incentive for contract cheating (Hill et al., 2021). Through social media, students have very quickly become fully aware of the possibilities of a wide variety of options to carry out Plagiarism (Bautista et al., 2022). There has been an increase in ways to try to bypass text-matching or text-reuse (i.e., plagiarism) detection systems, for example using micro-spaces, white ink, punctuation, and typos (Abdelhamid et al., 2022). Even though ghostwriters, especially commercial ones, claim their essays are original and therefore cannot be detected using text-matching software, third-party assignments may still contain recycled text (Aitken et al., 2017; Newton & Lang, 2015). Text matching detection software could use these breaches to identify outsourced academic work (Lancaster & Clarke, 2016; Wang & Xu, 2021). This study compared about four thousand term papers written in languages other than Hebrew. (shrink)

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is plain, (...) here, that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

Artificial Cognition (AC) has provoked a great deal of controversy in recent years. Concerns over its development have revolved around the questions of whether or not a moral status may be ascribed to AC and, if so, how could it be characterized? This paper provides an analysis of consciousness as a means to query the moral status of AC. This method suggests that the question of moral status of artificial cognition depends upon the level of development of (...) consciousness achieved. As a means by which to distinguish among different levels of technological capabilities, we propose a scale of AC statuses in the relationship with natural cognition of humans: no status, low status, equal status and high status. This research draws from classical theories of ethics, in particular utilitarianism and deontology, to explain the differences and shortcomings of the four propositions. The philosophical arguments presented serve to challenge common assumptions about natural cognition of human relationships with AC as well as to suggest that future technological advances should be directed toward the achievement of a position of equality in those relationships. This shows that artificial cognition has no moral status at present, but could have the same moral status as natural cognition of human beings in the future. (shrink)

Abstract: The Spotify Status Dataset is a valuable resource that provides real-time insights into the operational status and performance of Spotify, a popular music streaming platform. This dataset contains a wide array of information related to server uptime, user activity, service disruptions, and more, serving as a critical tool for both Spotify's internal monitoring and the broader data analysis community. As digital services like Spotify continue to play a central role in music consumption, understanding the platform's status (...) becomes crucial for ensuring a seamless user experience. This dataset offers numerous research and analysis opportunities, whether you're interested in exploring service availability trends or investigating user behavior patterns during service disruptions. This study highlights the significance of the Spotify Status Dataset, its potential applications, and the valuable insights it can offer to various stakeholders, from Spotify engineers working to enhance service reliability to researchers studying the effects of downtime on user engagement. It invites readers on a journey through this dataset to uncover the secrets of Spotify's operational status and its impact on music enthusiasts worldwide. (shrink)

In this paper, I would like to argue that brain-dead small children have a natural right not to be invaded by other people even if their organs can save the lives of other suffering patients. My basic idea is that growing human beings have the right to grow in the form of wholeness, and dying human beings also have the right to die in the form of wholeness; in other words, they have the right to be protected from outside invasion, (...) unless they have declared their wish to abandon that right beforehand. I call this the principle of wholeness. Natural rights, which were discussed by Hobbes and Locke in the 17th century, have to be extended to include the right to grow and die in the form of wholeness in the age of scientific civilization, where peripheral human lives are being threatened by aggressive biomedicine and other advanced technologies. (shrink)

If we were required to sacrifice our own interests whenever doing so was best overall, or prohibited from doing so unless it was optimal, then we would be mere sites for the realisation of value. Our interests, not ourselves, would wholly determine what we ought to do. We are not mere sites for the realisation of value — instead we, ourselves, matter unconditionally. So we have options to act suboptimally. These options have limits, grounded in the very same considerations. Though (...) not merely such sites, you and I are also sites for the realisation of value, and our interests (and ourselves) must therefore sometimes determine what others ought to do, in particular requiring them to bear reasonable costs for our sake. Likewise, just as my moral status grounds a requirement that others show me appropriate respect, so must I do to myself. (shrink)

Shelly Kagan has recently defended the view that it is morally worse for a human being to suffer some harm than it is for a lower animal (such as a dog or a cow) to suffer a harm that is equally severe (ceteris paribus). In this paper, I argue that this view receives rather less support from our intuitions than one might at first suppose. According to Kagan, moreover, an individual’s moral status depends partly upon her ‘modal capacities.’ In (...) this paper, I argue that the most natural strategy for justifying Kagan’s theory faces some important challenges. More generally, I argue that philosophers who wish to defend the view that human beings have a higher moral status than that of the lower animals face a dilemma. Either their theory of moral status will imply (unacceptably) that some severely cognitively impaired human beings have a significantly lower moral status than that of typical human beings, or these philosophers will be forced to ground moral status in a set of properties so far removed from a subject’s actual capacities that it will become difficult to see why these kinds of properties should have such moral importance. (shrink)

In pornography, standard modelling contracts often require a performer to surrender rights over their public image and sexual media in perpetuity and across mediums. Under these contracts, performers are unable to determine who accesses, for what duration, and under what conditions, their sexual media. As a result, pornography has been described by some performers as a “life sentence” - a phrase which, if true, violates some strong intuitions we share about the importance of autonomy in sexual activity. Using the framework (...) of “affirmative consent,” I argue that these contracts violate performers' rights to sexual autonomy, and ought therefore to be considered objectionable. Overall, I argue that the legal regimes we create have a strong impact on people’s lives, and more important than legislating individual outcomes, the type of infrastructure we build around people’s decisions has the potential to radically empower - or disempower - those engaged in sex work. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to (...) ignore the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

Which beings have moral status? I argue that moral status requires some capacity for hedonic feelings of pleasure or displeasure. David Chalmers rejects this view on the grounds that it denies moral status to Vulcans, which are defined as conscious creatures with no capacity for hedonic feelings. On his more inclusive view, all conscious beings have moral status. We agree that only conscious beings have moral status, but we disagree about how to explain this. I (...) argue that we cannot explain why consciousness is necessary for moral status without denying that it is sufficient for moral status. Hence, we cannot exclude unconscious zombies without excluding conscious Vulcans too. (shrink)

Libertarianism holds that agents initially fully own themselves. Lockean libertarianism further holds that agents have the moral power to acquire private property in external things as long as a Lockean Proviso—requiring that “enough and as good” be left for others—is satisfied. Radical right-libertarianism, on the other hand, holds that satisfaction of a Lockean Proviso is not necessary for the appropriation of unowned things. This is sometimes defended on the ground that the initial status of external resources as unowned precludes (...) any role for a Lockean Proviso. I shall show that this is a bad argument. Although I would argue that satisfaction of a Lockean Proviso is indeed a necessary condition for the appropriation of unowned things, I shall not attempt to establish that here. My goal here is more modest: to rebut one argument against the Lockean Proviso. (shrink)

In this paper, I explain why people seeking to flourish together fairly in the im- perfect world we share today ought to support a universal carbon tax with no exception for international aviation. The argument proceeds in four steps. First, I provide a free-standing analysis of emissions behavior at the individual moral level. Second, I offer a picture of ideal and non-ideal coordination based mostly on Kantian social contract theory. Third, I argue that in a non-ideal context, moral signals (...) about right relation offer a coordinating fulcrum around which meaningful if only partly coordinated action is possible. Fourth, I apply these conclusions to the case of aviation exceptionalism, focusing especially on instances of incomplete, overlapping, partly coordinated climate actions. I conclude that these arguments together amount to a case for reversing the Chicago Convention and applying a universal carbon tax that does not exclude international flights, ending aviation exceptionalism. (shrink)

Distrust in scientific experts can be surprisingly stubborn, persisting despite evidence supporting the experts’ views, demonstrations of their competence, or displays of good will. This stubborn distrust is often viewed as a manifestation of irrationality. By contrast, this article proposes a logic of “status distrust”: low-status individuals are objectively vulnerable to collective decision-making, and can justifiably distrust high-status scientific experts if they are not confident that the experts do not have their best interests at heart. In phenomena (...) of status distrust, social status is thus an indicator of distrust, and this has wider implications for the literatures on trust in science and on expert communication. (shrink)

Consciousness-based approaches to non-human moral status maintain that consciousness is necessary for (some degree or level of) moral status. While these approaches are intuitive to many, in this paper I argue that the judgment that consciousness is necessary for moral status is not secure enough to guide policy regarding non-humans, that policies responsive to the moral status of non-humans should take seriously the possibility that psychological features independent of consciousness are sufficient for moral status. Further, (...) I illustrate some practical consequences of calling consciousness-based views into question. (shrink)