I am writing on moral knowledge in Locke's Essay Concerning Human Understanding. There are two basic parts. In the first part, I articulate and attack a predominant interpretation of the Essay . This interpretation attributes to Locke the view that he did not write in the Essay anything that would be inconsistent with his early views in the Questions Concerning the Laws of Nature that there exists a single, ultimate, moral standard, i.e., the Law of Nature. For example, John Colman, (...) in his book John Locke's Moral Philosophy , argues that even though Locke explains in the Essay that we arbitrarily create our moral notions, they are still objective since they are bound together with the Law of Nature. Colman explains that the features of human nature relevant to the derivation of the Law of Nature are universally shared needs and concerns . I argue that this presupposes a view of Locke which assumes that there are essences of species independent of our beliefs about them. However, I attempt to show from the text of the Essay that this view cannot be supported. ;In the second part, I argue that the text of the Essay supports two alternative theses. The first is that given the kind of metaphysical world-view presupposed by the corpuscular method of science employed within the Essay, coupled with Locke's commitment to the possibility of moral knowledge, he was left with only one option with reference to ethics, viz., to make moral goodness or evil a mind-dependent relation between a rule and an action, instead of a property of an action or person which exists independently of our moral beliefs. This view is logically inconsistent with the existence of the Law of Nature. The second is that Locke has a semantical view of moral claims which is consistent with his relational view of moral goodness, viz., the primary function of moral judgments is to recommend behavior for ourselves and others. I described. However, Locke explains in the Essay that the opposite takes place with respect to our moral notions: events and persons must conform to the moral notion. ;On the account that I offer, Locke's views on moral epistemology are much closer to David Hume's than many have supposed, and correspondingly, anticipate the more skeptical views of moral epistemology in the twentieth century. (shrink)

Ms. X is a person with cerebral palsy and schizophrenia. She has intractable bedsores that are a result of her immobility and to poor wound care related to her delusional thinking. Despite intensive community support, the wounds have worsened to the point that she has needed multiple hospitalizations to prevent systemic sepsis, a life‐threatening condition. She is capable of placement decisions and wishes for independence at home but is incapable of making wound care decisions and does not appreciate that immediately (...) returning home from the hospital, instead of going into a special care facility, would likely result in sepsis. The resulting dilemma about discharge planning highlights the complexity involved in weighing concerns around mental illness and capacity for treatment and placement of care. The extent of the care that is required and available in a community or health care system and the slow but relatively certain progression of the symptoms also make the decision challenging. Two commentaries take very different approaches in exploring the question whether Ms. X should be supported to go home or to a special care facility. (shrink)

In this superb introduction, Samuel Freeman introduces and assesses the main topics of Rawls' philosophy. Starting with a brief biography and charting the influences on Rawls' early thinking, he goes on to discuss the heart of Rawls's philosophy: his principles of justice and their practical application to society. Subsequent chapters discuss Rawls's theories of liberty, political and economic justice, democratic institutions, goodness as rationality, moral psychology, political liberalism, and international justice and a concluding chapter considers Rawls' legacy. Clearly setting (...) out the ideas in Rawls' masterwork, _A Theory of Justice_, Samuel Freeman also considers Rawls' other key works, including _Political Liberalism_ and _The Law of Peoples_. An invaluable introduction to this deeply influential philosopher, _Rawls_ is essential reading for anyone coming to his work for the first time. (shrink)

Samuel Pufendorf is one of the most important moral and political philosophers of the seventeenth century. His theory, which builds on Grotius and Hobbes, was immediately recognized as a classic and taken up by writers as diverse as Locke, Hume, Rousseau, and Smith. Over the past twenty years there has been a renaissance of Pufendorf scholarship. On the Duty of Man and Citizen is Pufendorf's own epitome of his monumental On the Law of Nature and of Nations, and it (...) served as a basic text in European universities throughout the Enlightenment. This edition has a lucid and historically sensitive translation by Michael Silverthorne, the first since the early twentieth century. James Tully's introduction sets the text in its context, summarizes the main arguments, surveys recent literature on Pufendorf, and shows how Pufendorf transformed natural law theory into an independent discipline of juristic political philosophy that dominated reflection on politics until Kant. (shrink)

This work presents the basic arguments and fundamental themes of the political and moral thought of the seventeenth-century philosopher, Samuel Pufendorf--one of the most widely read natural lawyers of the pre-Kantian era. Selections from the texts of Pufendorf's two major works, Elements of Universal Jurisprudence and The Law of Nature and of Nations, have been brought together to make Pufendorf's moral and political thought more accessible. The selections included have received a new English translation, the first for both works (...) in roughly sixty years. The editor, a political scientist, and the translator, a philosopher, have developed a volume that is comprehensive and representative of Pufendorf's thought without being repetitive, fragmented, or obscure. (shrink)

Law being a derivative feature of reality, it exists in virtue of more fundamental things, upon which it depends. This raises the question of what is the relation of dependence that holds between law and its more basic determinants. The primary aim of this paper is to argue that grounding is that relation. We first make a positive case for this claim, and then we defend it from the potential objection that the relevant relation is rather rational determination (Greenberg 2004, (...) 2006). Against this challenge, we argue that the apparent objection is really no objection, for on its best understanding, rational determination turns out to actually be grounding. Finally, we clarify the framework for theories on law-determination that results from embracing our view; by way of illustration, we offer a ground-theoretic interpretation of Hartian positivism, and show how it can defuse an influential challenge to simple positivist accounts of law. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among the necessary (...) conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's (...) leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this the most accessible guide to Rawls currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Rawls. (shrink)

In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...) Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furner’s work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furner’s revision is also ill-founded. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...) a serious challenge to positivism has only grown in prominence. Our main aim is to establish that Hume’s Law is not a threat to positivism or naturalism. First, we connect extensive, but unfortunately siloed, discussions of this issue. Second, we show that Hume’s Law is not a serious threat to naturalism or positivism, for the gap between logic and such theses is very hard to bridge in a way that would make Hume’s Law able to bear this significance. Finally, we emphasize an implication of our discussion: it undermines one of the main “dialectical tributaries” in jurisprudence (Toh 2018). (shrink)

Can an AGI create a more intelligent AGI? Under idealized assumptions, for a certain theoretical type of intelligence, our answer is: “Not without outside help”. This is a paper on the mathematical structure of AGI populations when parent AGIs create child AGIs. We argue that such populations satisfy a certain biological law. Motivated by observations of sexual reproduction in seemingly-asexual species, the Knight-Darwin Law states that it is impossible for one organism to asexually produce another, which asexually produces another, and (...) so on forever: that any sequence of organisms (each one a child of the previous) must contain occasional multi-parent organisms, or must terminate. By proving that a certain measure (arguably an intelligence measure) decreases when an idealized parent AGI single-handedly creates a child AGI, we argue that a similar Law holds for AGIs. (shrink)

Marxism has often been associated with two different legacies. The first rests on a strong exposition and critique of the logic of capitalism, grounded in a systematic analysis of the laws of motion of capitalism as a system. The second legacy refers to a strong historicist perspective grounded in a conception of social relations that emphasises the centrality of power and social conflict to the analysis of history. This article challenges the prominence of structural accounts of capitalism by showing how (...) the tension between these legacies has played out within Political Marxism, both orientations already having co-existed, somewhat uneasily, within Robert Brenner’s original contributions to the Transition Debate. Through this internal critique and re-formulation of Political Marxism, we wish to open a broader debate within Marxism on the need for a more agency-based account of capitalism, which builds more explicitly on the concept of social relations, to recover the historicist legacy of Marxism. (shrink)

This chapter contains section titled: Introduction A Global Distribution Principle? Problems with Globalizing the Difference Principle Conclusion Notes.

Liberalism and Distributive Justice discusses liberalism, capitalism, distributive justice, and John Rawls's difference principle. Chapters are organized in a narrative arc: from liberalism as the dominant political and economic system, to the laws governing interpersonal transactions in liberal society, to basic economic and political institutions that determine distributive justice.

While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study of corporate (...) agency and stimulate further cross-fertilization of ideas between business ethics, law, philosophy, and other disciplines. (shrink)

Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions or to adopt maxims) cannot. The (...) paper is divided into three main sections. In the first, I set out the procedures generally accepted among Kantians for deriving positive duties from the universalization formulations. In the second, I set out the arguments from section 1 in more detail and explain why they do not work. In the third, I examine a strategy that might be used to supplement the arguments from section 2 and I argue that it also does not work. (shrink)

At the core of Kant's ethics lies the claim that if there is a supreme principle of morality then it cannot be a principle based on utilitarianism or Aristotelian perfectionism or the Ten Commandments. The only viable candidate for such a principle is the categorical imperative. This book is the most detailed investigation of this claim. It constructs a new, criterial reading of Kant's derivation of one version of the categorical imperative: the Formula of Universal Law. This reading shows this (...) derivation to be far more compelling than contemporary philosophers tend to believe. It also reveals a novel approach to deriving another version of the categorical imperative, the Formula of Humanity, a principle widely considered to be the most attractive Kantian candidate for the supreme principle of morality. This book will be important not just for Kant scholars but for a broad swathe of students of philosophy. (shrink)

A new strategy in philosophy of law appeals to explanatory gap arguments to attack legal positivism. We argue that the strategy faces a dilemma, which derives from there being two available readings of the constraint it places on legal grounding. To this end, we elaborate the most promising ways of spelling out the epistemic constraints governing law-determination, and show that each of the arguments based on them has problems. Throughout the paper, we evaluate a number of explanatory requirements, ultimately with (...) a view to shedding light on the explanatory nature of both grounding in general, and legal grounding in particular. (shrink)

"Adam Smith is widely regarded as the founder of political economy and one of the great thinkers of the Enlightenment period. Best-known for his founding work of economics, The Wealth of Nations, Smith's thought engaged equally with the nature of morality, above all in his Theory of Moral Sentiments. Smith's brilliance leaves us with an important question, however: Was he first and foremost a moral philosopher, who happened to turn to economics for part of his career? In this outstanding philosophical (...) introduction Samuel Fleischacker argues that Smith is a superb example of the broadly curious thinkers who flourished in the Enlightenment; one for whom morality, politics and economics were just a few of the many fascinating subjects that could be illuminated by naturalistic modes of investigation. After a helpful overview of his life and work, Fleischacker examines the full range of Smith's thought, including: epistemology, philosophy of science and aesthetics, moral sentimentalism, moral approval, sympathy, and judgement, the character of virtue advantages and disadvantages of Smith's moral philosophy, Smith's views on religion, justice and jurisprudence, governmental policy, economic principles, Smith's philosophical legacy and his place in the history of liberalism. Including chapter summaries, suggestions for further reading and a glossary, Adam Smith is essential reading for those studying ethics, political philosophy, the history of philosophy, and the Enlightenment, as well as those reading Smith in related disciplines such as economics, law and religion"--. (shrink)

Should the idea of economic man-the amoral and self-interested Homo economicus-determine how we expect people to respond to monetary rewards, punishments, and other incentives? Samuel Bowles answers with a resounding "no." Policies that follow from this paradigm, he shows, may "crowd out" ethical and generous motives and thus backfire. But incentives per se are not really the culprit. Bowles shows that crowding out occurs when the message conveyed by fines and rewards is that self-interest is expected, that the employer (...) thinks the workforce is lazy, or that the citizen cannot otherwise be trusted to contribute to the public good. Using historical and recent case studies as well as behavioral experiments, Bowles shows how well-designed incentives can crowd in the civic motives on which good governance depends. (shrink)

According to the standard reading of Kant's formula of universal law (FUL), positive duties can be derived from FUL. In this article, I argue that the standard reading does not work. In the first section, I articulate FUL and what I mean by a positive duty. In the second section, I set out an intuitive version of the standard reading of FUL and argue that it does not work. In the third section, I set out a more rigorous version of (...) the standard reading of FUL and argue that even this more rigorous version does not work. (shrink)

The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...) played by social facts within positivist accounts of law. Then, I present a more adequate and insightful formulation capable of solving their problems, which crucially relies on a robust notion of a social enabler. Finally, I model inclusive and exclusive positivism on the resulting template, and set out the advantages of the ground-enablers proposal. (shrink)

In this paper, I confront Parfit’s Mixed Maxims Objection. I argue that recent attempts to respond to this objection fail, and I argue that their failure is compounded by the failure of recent attempts to show how the Formula of Universal Law can be used to demarcate the category of obligatory maxims. I then set out my own response to the objection, drawing on remarks from Kant’s Metaphysics of Morals for inspiration and developing a novel account of how the Formula (...) of Universal Law can be employed to determine the deontic status of action tokens, action types, and maxims. (shrink)

This paper is a study of the origins of Leo Strauss's thought, arguing that its early development must be understood in the context of the philosophy of religion of late Wilhelmine and Weimar Germany. More specifically, it shows that Strauss's early works were written against the background of Kantian philosophy and post-Kantian accounts of religious experience, and that his turn towards medieval law as a topic and ideal was precipitated by the critique of those accounts by radical Protestant theologians writing (...) in the post-World War I era of crisis. Ironically, then, Strauss's investment in premodern Judaism—and his related rejection of modern philosophy—had important Christian origins. (shrink)

This paper argues that the founding fathers of the tradition of Scottish Enlightenment natural jurisprudence, Gersholm Carmichael (1672–1729) and Francis Hutcheson (1694–1746), articulated a view of rights that is pertinent to the contemporary dominance of the language of rights. Maintaining a metaphysical foundation for rights while drawing upon the early-modern Protestant natural law tradition, their conception of rights is more significantly indebted to the pre-modern scholastic natural law tradition than often realized. This is illustrated by exploring some of the background (...) to their respective theories of rights, detailing the precise reasoning that Carmichael and Hutcheson brought to bear upon their conception of rights, and then exploring their application of their understanding of rights to the question of property. (shrink)

According to a common caricature of Kant’s ethics, it is synonymous with the Categorical Imperative (CI) and with the sublime and clarion call of duty. But in this paper, I argue that the conjunction of Kant’s concept of duty and his idea of morality as a system of imperatives is unsustainable on the grounds that it commits him to the following two theses: (I) If an agent has a duty to D, then she must be constrained to D, and (II) (...) the Supreme Law of Morality always manifests in the form of duty for humans. I begin by examining (and rejecting) various attempts to defend these two theses. I then explore how this bears on various central aspects of Kant's thought including “ought implies can” (OIC), “ought implies able not to” (OIAN), his system of duties, and the nature of respect. (shrink)

Hobbes’s account of the individual’s right to resist sovereign authority is nuanced. His allowance for cases in which a sovereign’s command falls outside the terms of the social contract, despite recent reappraisals, cannot rescue him from the accusation that his system is contradictory. It has been suggested that some Hobbesian rights can be transferred whilst others are quarantined, or that it is the institution of law, rather than the particular commands of the sovereign, which Hobbes ultimately upholds. By reconsidering Hobbes’s (...) concept of sovereignty alongside his theory of natural law, I argue that his system remains in tension with itself. Hobbes’s prioritisation of sovereign judgement over that of the individual, when combined with the principles he retains from the natural law tradition, renders his theory of resistance irreconcilable with his position on sovereignty. (shrink)

It has long been argued that the institution of judicial review is incompatible with democratic institutions. This criticism usually relies on a procedural conception of democracy, according to which democracy is essentially a form of government defined by equal political rights and majority rule. I argue that if we see democracy not just as a form of government, but more basically as a form of sovereignty, then there is a way to conceive of judicial review as a legitimate democratic institution. (...) The conception of democracy that stems from the social contract tradition of Locke, Rousseau, Kant and Rawls, is based in an ideal of the equality, independence, and original political jurisdiction of all citizens. Certain equal basic rights, in addition to equal political rights, are a part of democratic sovereignty. In exercising their constituent power at the level of constitutional choice, free and equal persons could choose judicial review as one of the constitutional mechanisms for protecting their equal basic rights. As such, judicial review can be seen as a kind of shared precommitment by sovereign citizens to maintaining their equal status in the exercise of their political rights in ordinary legislative procedures. I discuss the conditions under which judicial review is appropriate in a constitutional democracy. This argument is contrasted with Hamilton's traditional argument for judicial review, based in separation of powers and the nature of judicial authority. I conclude with some remarks on the consequences for constitutional interpretation. (shrink)

I have two main goals in this paper. The first is to argue for the thesis that Kant gave up on his highest good argument for the existence of God around 1800. The second is to revive a dialogue about this thesis that died out in the 1960s. The paper is divided into three sections. In the first, I reconstruct Kant’s highest good argument. In the second, I turn to the post-1800 convolutes of Kant’s Opus postumum to discuss his repeated (...) claim that there is only one way to argue for the existence of God, a way which resembles the highest good argument only in taking the moral law as its starting point. In the third, I explain why I do not find the counterarguments to my thesis introduced in the 1960s persuasive. (shrink)

The Voluntary Simplicity Movement can be understood broadly as a diverse social movement made up of people who are resisting high consumption lifestyles and who are seeking, in various ways, a lower consumption but higher quality of life alternative. The central argument of this paper is that the Voluntary Simplicity Movement or something like it will almost certainly need to expand, organise, radicalise and politicise, if anything resembling a degrowth society is to emerge in law through democratic processes. In a (...) sentence, that is the 'grass-roots' or 'bottom up' theory of legal and political transformation that will be expounded and defended in this paper. The essential reasoning here is that legal, political and economic structures will never reflect a post-growth ethics of macro-economic sufficiency until a post-consumerist ethics of micro-economic sufficiency is embraced and mainstreamed at the cultural level. (shrink)

This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the laws’ modal status. This (...) paper also constitutes a defence of modal necessitarianism, the interesting and controversial view according to which all worlds are nomologically identical, because it shows how the modal necessitarian can appease the orthodox contingentist about laws. (shrink)

In this paper I argue that there would be no obligatory maxims if the only standards for assessing maxims were Kant’s universalizability tests. The paper is divided into five sections. In the first, I clarify my thesis: I define my terms and disambiguate my thesis from other related theses for which one might argue. In the second, I confront the view that says that if a maxim passes the universalizability tests, then there is a positive duty to adopt that maxim; (...) I also confront a close relative of this view. In the third, I confront the view that says that if a maxim does not pass the universalizability tests, then there is a positive duty to adopt the contradictory of that maxim. In the fourth, I confront two variations of the view that says that if a maxim does not pass the universalizability tests and an agent is deliberating about the action in the maxim, then the agent has a positive duty to adopt the contrary of that maxim. In the fifth, I confront the view that says that if an agent has adopted a maxim of ends, then the agent has a positive duty to universalize that end. I then wrap up the paper with some concluding remarks. (shrink)

In "Studies In The Logic Of Explanation" (Philosophy of Science, XV, 1948) Hempel and Oppenheim analyze the basic pattern of scientific explanation. One of the difficult problems which they acknowledge is "whether and how the analysis of explanation can be extended from the case where all general ex- planatory principles invoked are of a strictly universal or 'deterministic' form to the case where explanatory reference is made to statistical hypotheses." It is hoped that the remarks which follow may contribute a (...) little toward clarifying the issue. (shrink)

In the First Section of the Groundwork of the Metaphysics of Morals, Kant argues that a good-willed person “under subjective limitations and hindrances” (G 397) is required “never to act except in such a way that [she] could also will that [her] maxim should become a universal law” (G 402).2 This requirement has come to be known as the Formula of Universal Law (FUL) version of the Categorical Imperative, an “ought” statement expressing a command of reason that “represent[s] an action (...) as objectively necessary of itself, without reference to another end” (G 414). The question of how to understand and apply the FUL has received a great deal of attention in recent years. But Kant’s reasoning for the claim that a good-willed person (of a certain kind) acts in accordance with the FUL has not been investigated with the same degree of thoroughness. My purpose in this paper is to render the structure of Kant’s argument perspicuous, and thereby contribute to its proper evaluation by identifying its true strengths and weaknesses.3 Let us call Kant’s argument “K” and its conclusion “C”. The task at hand requires identification of K’s premises and of the reasoning by means of which C is derived. One of the advantages of clarifying K’s structure in this way is that doing so permits us to answer questions that continue to puzzle even the most sympathetic readers of the First Section. Some of these questions concern three “Propositions” to which Kant 1 draws our attention in the course of his presentation. The First Proposition (call it “P1”) is left unstated, but most commentators agree that it (or at least part of it) should be rendered as follows: (P1) A human action has moral worth only if it is done from duty.4 Kant states the other two propositions (call the Second “P2” and Third “P3”) explicitly: (P2) An action from duty has its moral worth not in the purpose to be attained by it but in the maxim in accordance with which it is decided upon. (G 399). (shrink)

In the wake of the financial crisis of 2008 and ongoing debt-related troubles there have been widespread calls to put banking and economic activity on a secure ethical foundation, either by regulation or through voluntary reform. In this volume a distinguished set of authors explore various economic, philosophical, and ethical ideas from historical, contemporary, and future-looking perspectives. At the core are two related ideas much mentioned but far more rarely examined: the idea of natural law and that of the common (...) good.In these essays the foundations and meaning of these notions are carefully studied and put to work in examining the nature and scope of ethics in relation to global economics. (shrink)

The rule of law in our society is responsible for preserving personal freedoms in spite of a regulated economy. Thinking about law, Historically, Has moved from personal or authoritarian law to natural law to a theory of consent or contract. Contract depersonalizes human relations, In being regulated by impersonal agencies, Opening the way for government regulation. But this regulation is only of those areas of life which are impersonal and leaves people free with regard to the ends of life. One (...) danger to freedom in a controlled economy is the growth of administrative law. (staff). (shrink)

The author argues economic analysis needs to be explicitly included in an overall theory of law and technology. Differing approaches to the economics of information are considered, and the copyright policy environment of the 1990s is taken as an example of how the lack of substantive economic analysis resulted in poor policy-making.

Covid‐19 confronts us with tragic choices, in which every option is unacceptable. On the New York State Task Force on Life and the Law, I worked on guidelines for such situations. We did not envision the scale or character of Covid‐19. To minimize fear that the decisions made in these situations might be unfair, we all must know what guidelines or mandates inform them. Only with transparency about how decisions will be made, by whom, and according to what requirements can (...) we have confidence that fairness prevails. We now face many related questions about process, goals, leadership, and trust. For example, how might ethical guidelines evolve as scientific understanding advances? Should guidelines vary with different venues? And if, as I have argued, judgment is necessary even with the best of guidelines, how can we prepare clinicians to make good judgments? Are there implications for better training of personnel in nonemergency times for what they might face in the worst of times? (shrink)