Part One of this essay considered familiar ways of characterizing deontology, which focus on the notions of the good and the right. Here we will take up alternative approaches, which stress the type of reasons for actions that are generated by deontological theories. Although some of these alternative conceptualizations of deontology also employ a distinction between the good and the right, all mark the basic contrast between deontology and teleology in terms of reasons to act.

Current moral philosophy is often seen as essentially a debate between the two great traditions of consequentialism and deontology. Although there has been considerable work clarifying consequentialism, deontology is more often attacked or defended than analyzed. Just how we are to understand the very idea of a deontological ethic? We shall see that competing conceptions of deontology have been advanced in recent ethical thinking, leading to differences in classifying ethical theories. If we do not focus on implausible versions, the idea (...) of a deontological ethic is far more attractive than most philosophers have thought. Indeed, I shall argue that in an important sense, only a deontological ethic can be plausible. (shrink)

A central theme in F. A. Hayek’s work is the contrast between principles and expediency, and the insistence that governments follow abstract general principles rather than pursue apparently expedient social and economic policies that seek to make us better off.2 This is a radical and striking thesis, especially from an economist: governments should abjure the pursuit of social and economic policies that aim to improve welfare and, instead, adhere to moral principles. In this chapter I defend this radical claim. I (...) begin by explicating and defending Hayek’s argument against the pursuit of expediency based on his analysis of economic and social complexity. I then turn to a rather more critical examination of his evolutionary account of moral principles. (shrink)

These brief remarks highlight three aspects of Christian List and Philip Pettit's Group Agency: The Possibility, Design, and Status of Corporate Agents that illustrate its constructivist nature: its stress on the discursive dilemma as a primary challenge to group rationality and reasoning; its general though qualified support for premise-based decision-making as the preferred way to cope with the problems of judgment aggregation; and its account of rational agency and moral responsibility. The essay contrasts List and Pettit's constructivist analysis of group (...) rationality with an ecological approach, inspired by social theorists such as F A. Hayek, Vernon L. Smith and Gerd Gigerenzer.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.CONSTRUCTIVIST AND ECOLOGICAL MODELING OF GROUP RATIONALITYVolume 9, Issue 3Gerald GausDOI: https://doi.org/10.1017/epi.2012.14Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. CONSTRUCTIVIST AND ECOLOGICAL MODELING OF GROUP RATIONALITYVolume 9, Issue 3Gerald GausDOI: https://doi.org/10.1017/epi.2012.14Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. CONSTRUCTIVIST AND ECOLOGICAL MODELING OF GROUP RATIONALITYVolume 9, Issue 3Gerald GausDOI: https://doi.org/10.1017/epi.2012.14Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

When people of good faith and sound mind disagree deeply about moral, religious, and other philosophical matters, how can we justify political institutions to all of them? The idea of public reason―of a shared public standard, despite disagreement―arose in the seventeenth and eighteenth centuries in the work of Hobbes, Locke, Rousseau, and Kant. At a time when John Rawls’ influential theory of public reason has come under fire but its core idea remains attractive to many, it is important not to (...) lose sight of earlier philosophers’ answers to the problem of private conflict through public reason. -/- The distinctive selections from the great social contract theorists in this volume emphasize the pervasive theme of intractable disagreement and the need for public justification. New essays by leading scholars then put the historical work in context and provide a focus of debate and discussion. They also explore how the search for public reason has informed a wider body of modern political theory―in the work of Hume, Hegel, Bentham, and Mill―sometimes in surprising ways. The idea of public reason is revealed as an overarching theme in modern political philosophy―one very much needed today. (shrink)

In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson (...) as well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

Justificatory liberalism is liberal in an abstract and foundational sense: it respects each as free and equal, and so insists that coercive laws must be justified to all members of the public. In this essay I consider how this fundamental liberal principle relates to disputes within the liberal tradition on “the extent of the state.” It is widely thought today that this core liberal principle of respect requires that the state regulates the distribution of resources or well-being to conform to (...) principles of fairness, that all citizens be assured of employment and health care, that no one be burdened by mere brute bad luck, and that citizens' economic activities must be regulated to insure that they do not endanger the “fair value” of rights to determine political outcomes. I argue in this essay: a large family of liberal views are consistent with the justificatory liberals project, from classical to egalitarian formulations ; overall, the justificatory project tilts in the direction of classical formulations. (shrink)

As we read his work, John Rawls was developing an innovative approach to political philosophy, and Political Liberalism struggles with different ways to model these new insights. This article presents four models of political liberalism, particularly focusing on understanding the nature of overlapping consensus and its relation to public reason. Beyond clarifying Rawls’s insights, we aim to spur readers to reassemble the rich elements of Political Liberalism to produce tractable and enlightening models of political life among free and equal citizens (...) under conditions of deep diversity to advance the public reason project. (shrink)

Compared to other debates in contemporary political philosophy, the light-to-heat ratio of discussions of neutrality has been somewhat dismal. Although most political philosophers seem to know whether they are for it or against it, there is considerable confusion about what “it” is. To be sure, some of this ambiguity has been noted, and at least partially dealt with, in the literature. Neutrality understood as a constraint on the sorts of reasons that may be advanced to justify state action is regularly (...) distinguished from “consequential neutrality”—that the effects of state policy must somehow be neutral.1 Yet interpretations of neutrality are far more diverse than most analyses recognize.2 Neutrality is sometimes understood as a doctrine about: the intent or aim of legislation or legislators,3 the proper functions of the state,4 the prohibition of the state “taking a stand” on some issues,5 the prohibition of the state enforcing moral character,6 or the requirement that the state take a stance of impartiality.7 Alternatively, neutrality can be understood as a requirement of a theory justice rather than state action.8 There are also differences about whether neutral states (or theories.. (shrink)

This essay responds to David Enoch’s “The Disorder of Public Reason,” published in a previous issue of Ethics. I seek to set the record straight on several of the many charges Enoch makes. More importantly, having clarified some of the more basic points, I make some preliminary efforts at identifying when his brand of moral realism and my version of public reason differ—and, perhaps, where they are more compatible than one might think.

In this issue of Philosophical Studies, Richard Arneson, Jonathan Quong and Robert Talisse contribute papers discussing The Order of Public Reason (OPR). All press what I call “agent-type challenges” to the project of OPR. In different ways they all focus on a type (or types) of moral (or sometimes not-so-moral) agent. Arneson presents a good person who is so concerned with doing the best thing she does not truly endorse social morality; Quong a bad person who rejects it and violates (...) the basic rights of others, and Talisse a morally ugly person, a hypocrite, who criticizes others for failing to do what he does not do. All suggest that OPR does not give a satisfying account of what we are to say to, or how we should act towards, such agents. In my response I highlight some core concerns of OPR, while also seeking to show that OPR does not say quite what they think it says, and it often leaves them room for saying what they would like to say about such agents. (shrink)

This essay examines two different modes of reasoning about justice: an individual mode in which each individual judges what we all ought to do and a social mode in which we seek to reconcile our judgments of justice so that we can share common rules of justice. Social contract theory has traditionally emphasized the second, reconciliation mode, devising a central plan to do so. However, I argue that because we disagree not only in our judgments of justice but also about (...) the degree of reconciliation justice calls for, the social contract presupposes a single, controversial, answer to the proper degree of reconciliation. In place of the social contract’s ‘top-down’ approach, this article explores the idea of self-organizing moral systems, in which each individual, acting on her own views of justice, responds to the decisions of others, forming systems of shared justice. Several basic agent-based models are explored to begin to understand the dynami... (shrink)

In the few decades a new conception of liberalism has arisen—the “public reason view” — which developed out of contractualist approaches to justifying liberalism. The social contract theories of Hobbes, Locke and Rousseau all stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. By relying on consent, social contract theory seemed to suppose a voluntarist conception of political justice: what is just depends on what people choose to agree to — (...) what they will. As Hume famously pointed out, such accounts seem to imply that ultimately political justice derives from promissory obligations, which the social contract theory leaves unexplained.1 Only in Kant, I think, does it become clear that consent is not fundamental to a social contract view: we have a duty to agree to act according to the idea of the “original contract.”2 Rawls’s revival of social contract theory in A Theory of Justice also made no important appeal to consent, though the apparatus of an “original agreement” of sorts persisted. The aim of the original position, Rawls announced, is to settle “the question of justification…by working out a problem of deliberation.”3 As the question of public justification takes center stage (we might say as contractualist liberalism becomes justificatory liberalism), it becomes clear that posing the problem of justification in terms of a deliberative or a bargaining problem is simply a heuristic: the real issue.. (shrink)

In replying to Steven Wall’s and Andrew Lister’s thoughtful essays on my account of justificatory liberalism in this issue, I respond to many of their specific criticisms while taking the opportunity to explicate the foundations of justificatory liberalism. Justificatory liberalism takes seriously the moral requirement to justify all claims of authority over others, as well as all coercive interferences with their lives. If we do so, although we are by no means committed to libertarianism, we find that that many of (...) our cherished values, moral intuitions, and political aspirations no longer ground the range of authority over others many of us would claim. In this sense, justificatory liberalism is a theory of limited authority and limited government — which is what a genuinely liberal theory must be. (shrink)

Public reason liberalism is a family of theories according to which liberal political institutions, social structures, and/or basic social rules are politically or morally justified if and only if they can be endorsed from the perspective of each and every free and equal "reasonable and rational" person. Let us call these persons "the members of the justificatory public." Public reason liberalism idealizes the members of the justificatory public in three senses. First, the members of the justificatory public are assumed to (...) be free from at least some of the cognitive distortions and biases that often characterize actual people; we suppose that they generally reason in a sound way on the basis of relevant information. Different versions of public reason liberalism press this idealization quite far, while others insist on a "moderate idealization." Secondly, the members of the justificatory public are idealized insofar as it is assumed that each is a good-willed person, concerned with living with others on terms that are mutually acceptable. In Rawls's language, we suppose that they are not simply rational, but "reasonable": they have a form of "moral sensibility" according to which they are ready to propose fair terms of cooperation, and are willing to abide by them "provided others can be relied on to do likewise." The members of the justificatory public are thus idealized insofar as they are assumed to be moved by their sense of justice, or their aim to respect others as free and equal persons. This leads to a third idealization: by assuming that the members of the justificatory public are moved by this moral sensibility, it is supposed that they do not pay attention to their reasons to ignore their sense of justice . More generally, any specific version of public reason liberalism will hold that some reasons of actual people are not relevant to the justificatory question: the members of the justificatory public "bracket" these reasons in their deliberations. (shrink)

Abstract:When people reason on the basis of moral rules, do they suppose that in the absence of a prohibitory rule they are free to act, or do they suppose that morality always requires a justification establishing a permission to act? In this essay we present a series of learning experiments that indicate when learners tend to close their system on the basis of natural liberty and when on the principle of residual prohibition. Those who are taught prohibitory rules tend to (...) infer natural liberty while those taught permission rules tend to infer residual prohibition. In mixed cases, where learners are taught both types of rules, there is some tendency to suppose that natural liberty is the default. Both natural liberty and its denial can be learned; is there a reason to adopt one system of moral rules or the other? We argue that systems of social morality based on a principle of natural liberty have a striking advantage over their competitors: they are well adapted to effectively exploring the constant novel circumstances that arise in open, dynamic, societies. (shrink)

My concern in this chapter is the place of autonomy within liberalism, understood as a public morality.1 To what extent is liberal morality necessarily committed to some doctrine of autonomy, and what is the nature of this doctrine? I begin (§2) by briefly explicating my understanding of liberalism, which is based the fundamental liberal principle—that all interferences with action stand in need of justification. Section 3 then defends my first core claim: given a certain compelling view of the nature of (...) moral reasons, the fundamental liberal principle presupposes a Kantian conception of morally autonomous agents. I then consider (§4) an implication of the fundamental liberal principle when applied to public morality and the law, viz. that an interference with liberty must be justified to everyone. This public justification principle, I argue, constitutes a version of Kant’s categorical imperative; thus liberalism is committed to not only autonomy of the will (§3) but a substantive morality of autonomy. By the end of section 4 I will have shown that liberal morality is committed to what may be broadly deemed a “Kantian” conception of moral autonomy. (shrink)

Abstract:Our critics confuse the role normative ethical theory can take in business ethics. We argue that as a practical discipline, business ethics must focus on norms, not the theories from which the norms derive. It is true that our original work is defective, but not in its form, but in its neglect of contemporary advances in feminist ethics.

A free markets needs ethical norms -- Moral maturity -- Ethics in business -- History of business values -- Factories, immigrants, and wealth -- Critics of capitalism -- Personal values and the firm -- Leaders, trust and watchdogs -- Globalization's impact on American values -- Future business values and sustainability.

At one point Rawls thought that “a normalization of interests attributed to the parties” is “common to social contract doctrines.” Normalization has a great appeal: once we specify the normalized perspective, we can generate strong and definite principles of justice. Public reasoning is restricted to those who reason from the eligible, normalized, perspective; those who fall outside the “normal” are to be dismissed as unreasonable, unjust, or illiberal. As Rawls’s political liberalism project developed he increasingly relaxed his normalization assumptions, allowing (...) room for not only different conceptions of the good, but of justice. This paper explores the post-Rawlsian movement in public reason to maximally relax, or even abandon, normalizing assumptions, drawing on a maximal diversity of normative perspectives in public justification. The public reason project is at a critical juncture. Are we to look back, defending Rawls’s substantive conclusions by devising new defenses of normalization, circling the wagons around the cherished two principles? Or are we to seek to fulfill the promise of public reason as providing a common public and moral world in the midst of diversity? (shrink)

Michael Moehler’s Minimal Morality is a wonderful and important book, from which I have learned a great deal. It reinvigorates rational choice moral theory in the process of confronting what I see as the most important issue in social and moral philosophy today: can those in a deeply morally divided society endorse a common moral framework to structure social cooperation? Is a rational moral order possible under conditions of deep and wide moral diversity? Minimal Morality’s answers are thoughtful and innovative. (...) I am not, however, entirely persuaded that Minimal Morality can fulfil its promise of grounding a cooperative order when ‘traditional’ modes moral justification cannot. (shrink)

This chapter sketches a reading that confirms John Rawls's view that the stability argument of Part Three of Theory of Justice (TJ) was crucial for the success of TJ as a whole, that it was indeed flawed, and that fundamental ideas of Political Liberalism (PL) can be traced to the wide‐ranging consequences of recognizing the flaw in that argument. In Rawls's political liberalism, one can find at least two accounts of the way in which stability considerations enter into justificatory arguments (...) – one repairs the account in TJ and is similarly structured, while another pushes political liberalism in a more radical direction. The chapter briefly discusses how the thin theory of the good is employed in Rawls's stability analysis. It is not “the fact of pluralism” but the “fact of reasonable pluralism” that motivates Rawls's political turn; reasonable pluralism is the result of our best exercise of free practical reason. (shrink)

This essay responds to the thoughtful essays on the Order of Public Reason (OPR) by Elvio Baccarini, Giulia Bistagnino and Nenad Miscevic. All three essays interrogate OPR’s understanding of moral theory - “meta” matters about the nature of morality, reasons and modeling within moral theories. I first turn to the general understanding of the moral enterprise underlying OPR, explaining why it takes a view at odds with the contemporary mainstream in moral philosophy. I then explain the idea of moral truth (...) in OPR: when it comes to social morality, moral truth is necessarily a function of what can be endorsed by some collectivity. Th is leads to a fundamental worry about theories of public reason: why is the endorsement of the public so important? And if some sort of public endorsement is really so terribly important, how can a theory of public reason withstand the fact that it advances its own controversial claims that cannot be publicly endorsed? After considering when public endorsement is necessary, and when public reason theories can make controversial claims, I close by considering in what way OPR does, and in what way it does not, employ a thought experiment, and the complexities of that. (shrink)

Three strategies for developing just and consistent global business practices are examined: 1) international treaties and agreements, 2) global codes of business conduct, and 3) voluntary self-restraint. International agreements investigated are: NAFTA, Global Warming Treaty, OECD Anti-Bribery Treaty and Infant Formula Agreement. The codes examined are the Caux Round Table’s Principles for Business, The Global Sullivan Principles and The United Nations Global Compact with Business. Each of these three strategies is probed for its relative strengths and weaknesses, and its prospects (...) for developing ethical business practices—especially in the areas of improving the environment, human rights and working conditions. (shrink)

Three strategies for developing just and consistent global business practices are examined: 1) international treaties and agreements, 2) global codes of business conduct, and 3) voluntary self-restraint. International agreements investigated are: NAFTA, Global Warming Treaty, OECD Anti-Bribery Treaty and Infant Formula Agreement. The codes examined are the Caux Round Table’s Principles for Business, The Global Sullivan Principles and The United Nations Global Compact with Business. Each of these three strategies is probed for its relative strengths and weaknesses, and its prospects (...) for developing ethical business practices—especially in the areas of improving the environment, human rights and working conditions. (shrink)

Shareholder-owned corporations were the central pillars of the US economy in the twentieth century. Due to the success of the shareholder value movement and the widespread “Nikefication” of production, however, public corporations have become less concentrated, less integrated, less interconnected at the top, shorter-lived, and less prevalent since the turn of the twenty-first century, and there is reason to expect that their significance will continue to dwindle. We are left with both pathologies and new technologies suitable for being repurposed in (...) more democratic forms. Local solutions for producing, distributing, and sharing can provide functional alternatives to corporations for both production and employment; what is needed is the social organization to match the tools that we already have, or will have shortly. The time for democratic local economic forms prophesied by generations of activists may finally be at hand. (shrink)

"Essays on Philosophy, Politics, & Economics" offers a critical examination of economic, philosophical, and political notions, with an eye towards working ...

Eric Mack’s “Inside Public Reason” is thorough and fair-minded review of The Order of Public Reason. My deep thanks to him for his insights, as well as his judiciousness. In these remarks I cannot take up all the important matters he raises; in particular I put aside two important issues—the analysis of the political and discussion of how contingent social processes play a fundamental role in public justification . I plan to take up the latter on another occasion.

From Mill to, most recently, Bryan Caplan, political and economic elites have been seen as the solution to the public’s ignorance and incompetence. In order to show that elites are actually more competent than the public, however, we would have to find out what type of knowledge is necessary to enact good public policy. The empirical evidence shows that economic experts have a slight advantage over the general public in knowledge of how to achieve policy goals. But, contrary to Caplan, (...) the evidence indicates that economists don’t possess significant predictive knowledge, and that general economic laws are of little help in predicting the magnitude of the effects of a specific policy in a multi‐variable, complex world. When we adopt a more complex understanding of the reasons behind policy choice, and consider rules and principles in addition to goal pursuit, the slight edge of economic experts evaporates. (shrink)

In a number of works, I have argued that social morality—a system of internalized “social-moral rules”—is fundamental to human social cooperation. Russell Hardin disputed this, arguing instead for the primacy of conventions, based largely on self-interest, in developing cooperative social order. This chapter considers three challenges for my view raised by Hardin. The chapter commences by considering small-scale cooperation; I believe that the evidence indicates that even in very small groups of face-to-face cooperators, the internalization of moral rules is fundamental (...) to their cooperation and cheater suppression. I then consider Hardin’s charge that accounts of social cooperation based on moral rules, in which individuals act on the rules despite their interests, are stuck with invoking a variety of somewhat dubious and weak “claims of moral commitment or shared values through [to] Rawls’s magical ‘addition of the sense of justice and moral sentiment’ to make justice work at a large scale.” I argue that the evidence in support of internalized rule compliance, even in the face of high costs to personal interests, is impressive, and the underlying mechanisms are not mysterious. Lastly, I briefly turn to the fundamental issue of how social morality functions in large-scale settings and, importantly, whether it is largely displaced by formal legal and political institutions. (shrink)

In an important essay Charles Larmore tells us that Kant and Mill sought to justify the principle of political neutrality by appealing to ideals of autonomy and individuality. By remaining neutral with regard to controversial views of the good life, constitutional principles will express, according to them, what ought to be of supreme value throughout the whole of our life.1 On Larmore’s influential reading, Mill defended what we might call first-level neutrality: Millian principles determining justified legal (and, we might add, (...) social) intervention are neutral between competing conceptions of the good life. However, Larmore insists that Millian neutral political principles do not posses second-level neutrality: they do not have a neutral justification. The problem with Mill’s valuebased defense of liberalism,” Larmore insists, is that because the value of individuality is “far from uncontroversial,” 2 Mill’s case liberalism is open to reasonable objection. In contrast Larmore and, of course, John Rawls, seek to develop a “political liberalism” that defends liberal neutrality without appeal to a “general ‘philosophy of man’ or a ‘comprehensive moral ideal’.”3 The justification of liberal principles “must be acceptable by reasonable people having different views of the good life, not just those who share, for example, Mill’s ideal of the person.”4 Liberals, argues Larmore, need “a neutral justification of neutrality.”5.. (shrink)

The distinction between ‘comprehensive’ and ‘political’ liberalisms, explored in the previous chapter, has become central to contemporary political theory. My aim in this chapter is to examine various ‘comprehensive’ liberalisms, with particular care to identifying in what sense they are comprehensive. As I have argued elsewhere (Gaus, 2003: chap. 7), the distinction between political and comprehensive liberalisms is elusive. Rawls repeatedly describes as ‘comprehensive’ ‘philosophical’, ‘moral’ and ‘religious’ ‘doctrines’ (1996: xxv, 4, 36, 38, 160) or ‘beliefs’ (1996: 63). Indeed, so (...) often does Rawls characterize comprehensiveness in terms of moral, religious and philosophical doctrines or beliefs that a reader may be tempted to conclude that doctrine C is comprehensive if and only if it is a moral, religious or philosophical doctrine or belief. But though it is tempting to understand ‘comprehensive conceptions’ in this way, it would be wrong. Rawls is clear that ‘the distinction between the political conception and other moral conceptions is a matter of scope; that is, the range of subjects, to which a conception applies and the content a wider range requires’ (1996: 13). Comprehensive and general doctrines cover a wide range of topics, values and ideals applicable to various areas of life. Even given the terms of Rawls’s own analyses, rather than conceiving of comprehensive liberalisms as all relying on a fully comprehensive doctrine, it is better to conceive of them in terms of a spectrum of theories, from those that rely on something like a fully comprehensive view to those that rely on, say, only a general theory of the right. In this chapter I shall focus on the following versions of comprehensive liberalism. (shrink)

:Some understand utopia as an ideal society in which everyone would be thoroughly informed by a moral ethos: all would always act on their pure conscientious judgments about justice, and so it would never be necessary to provide incentives for them to act as justice requires. In this essay I argue that such a society is impossible. A society of purely conscientiously just agents would be unable to achieve real justice. This is the Paradox of Pure Conscientiousness. This paradox, I (...) argue, can only be overcome when individuals are prepared to depart from their own pure, conscientious, judgments of justice. (shrink)

David Estlund’s Democratic Authority develops a novel doctrine of “normative consent,” according to which the nonconsent of those with a duty to consent is null. This article suggests that this doctrine can be defended by confining it to contexts involving consent to an authority, which raise distinctive normative challenges, but argues that Estlund’s attempt to deploy the doctrine fails, for it does not provide convincing reasons to think that citizens have any duty to consent. In closing, the article suggests that (...) the doctrine of normative consent might yet do some useful work in a quite different theoretical setting. (shrink)

Consider a stylized contrast between medical and business ethics. Both fields of applied ethics focus on a profession whose activities are basic to human welfare. Both enquire into obligations of professionals, and the relations between goals intrinsic to the profession and ethical duties to others and to the society. I am struck, however, by a fundamental difference: whereas medical ethics takes place against a background of almost universal consensus that the practice of medicine is admirable and morally praiseworthy, the business (...) profession is embedded within the framework of firms in a capitalist market economy, and for the last century and a half there has been sustained debate about the moral and economic justifiability of such an economy. To be sure, even under socialism there might be an “ethics of socialist managers,” and there would be some overlap between such an ethic and contemporary business ethics. Nevertheless, many of the characteristic problems of business ethics — e.g., what are the obligations of a corporation to its shareholders? — arise only in the context of a private property-based market economy. This raises a deep problem for business ethics: can one develop an account of ethical practices for an activity (i.e., business) while ignoring that the context in which this activity occurs (i.e., capitalism) is morally controversial? It is as if the work in medical ethics proceeded in the midst of widespread disagreement whether medicine was a good thing. Another way of thinking about the problem is: if one teaches business ethics, does this commit you to accepting that business can be ethical? And doesn’t this commit you to accepting that capitalism is justifiable?1 I suspect that this is a serious problem for many teachers of business ethics. Many were trained in academic philosophy, and within academic philosophy there are many who think — or at least suspect — that capitalism is basically unjust, or perhaps that only a greatly modified capitalism would be acceptable.. (shrink)