It is widely accepted that parents have a fundamental moral obligation to consider and treat their children as each other’s equals. Yet the question of what grounds the equality of status among children in the eyes of their parents has so far been largely neglected in the literature on the philosophy of childhood and the ethics of parenthood. This paper fills this gap by developing a novel theory of the basis of filial equality: it argues that parents ought to consider (...) and treat their children as equals by virtue of loving them. Parental love is the basis of filial equality. (shrink)

Although thinkers of the past might have started from presumptions of fundamental difference and inequality between (say) the genders, or people of different races, this is no longer the case. At least in mainstream political philosophy, we are all now presumed to be, in some fundamental sense, basic equals. Of course, what follows from this putative fact of basic equality remains enormously controversial: liberals, libertarians, conservatives, Marxists, republicans, and so on, continue to disagree vigorously with each other, despite all presupposing (...) some kind of basic equality. They may argue about who gets what, how much, and why, but the starting point - that all people are in some sense deserving of prima facie equal consideration - has become an axiom of our moral and political thinking. But why? Why are we basic equals? The trouble is that as soon as one asks for an explanation of this foundational premise, it begins to look shaky. After all, on any conceivable metric human beings are notably unequal, and often to striking degrees. Philosophers in this area tend to talk of equal worth, but often without trying to specify what exactly that means. Philosophically, basic equality is neither acceptable nor rejectable. It is not rejectable because we appear to be, as a matter of fact, profoundly committed to the truth of the claim that we are all one another's basic equals. But to the extent that there appear to be no philosophical arguments for believing in the truth of basic equality, it is not acceptable either. The aim of this book is to try and show why basic equality is acceptable. To do so, however, it will also contend that we need to approach the question rather differently to how it has mostly been handled so far. What's required is an exercise in what Bernard Williams called 'impure philosophy': it must include insights from other areas of human intellectual endeavour, whether psychology and history or even what we learn from how we go about practicing basic equality in our collective lives. (shrink)

According to relational egalitarianism, justice requires equal relations. In this paper, I ask the question: can equal relations be unjust according to relational egalitarianism? I argue that while on some conceptions of relational egalitarianism, equal relations cannot be unjust, there are conceptions in which equal relations can be unjust. Surprisingly, whether equal relations can be unjust cuts across the distinction between responsibility-sensitive and non-responsibility-sensitive conceptions of relational egalitarianism. I then show what follows if one accepts a conception in which equal (...) relations can be unjust, including why it provides a reason to grant some people less political power than others. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice (...) are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined. (shrink)

Singer has argued against the permissibility of killing people on the grounds of the distinction between conscious and self-conscious animals. Unlike conscious animals, which can be replaced without a loss of overall welfare, there can be no substitution for self-conscious animals. In this article, I show that Singer's argument is untenable, in the cases both of the preference-based account of utilitarianism and of objective hedonism, to which he has recently turned. In the first case, Singer cannot theoretically exclude that a (...) self-conscious being's stronger preferences may only be satisfied by killing another self-conscious being. In the second case, he fails to demonstrate that the rules of ordinary morality, demanding that killing be strictly forbidden, could not frequently be overruled by the principles of esoteric morality. In both cases, his theory cannot solve the classical utilitarian problem of prohibiting the killing of people in secret. (shrink)

Although the idea of dignity has always been applied to human beings and although its role is far from being uncontroversial, some recent works in animal ethics have tried to apply the idea of dignity to animals. The aim of this paper is to discuss critically whether these attempts are convincing and sensible. In order to assess these proposals, I put forward two formal conditions that any conception of dignity must meet and outline three main approaches which might justify the (...) application of dignity to animals: the species-based approach, moral individualism and the relational approach. Discussing in particular works by Martha Nussbaum and Michael Meyer I argue that no approach can convincingly justify the extension of dignity to animals because all fail to meet the formal conditions and do not provide an appropriate basis for animal dignity. I conclude by arguing that the recognition of the moral importance of animals and their defense should appeal to other normative concepts which are more appropriate than dignity. (shrink)

The principle of equal consideration of interests is a very popular principle in animal ethics. Peter Singer employs it to ground equal treatment and solve the problem of the basis of equality, namely the problem of why we should grant equal treatment despite the variability of people’s features. In this paper, I challenge Singer’s argument because ECOI does not provide plausible grounds to presume that the interests of diverse individuals are actually equal. Analyzing the case of pain and the interest (...) in not suffering in particular, I contend that there are some insurmountable epistemic and axiological problems in accounting for the equality of interests. Besides criticizing ECOI as a basis of equality, I argue that we need to rely on an equality of moral status. I conclude by providing some considerations on the relation between equality and the principle of proportionality. (shrink)

To provide a theoretical basis for the common view that moral status comes in degrees, many philosophers endorse ‘two-factor’ accounts of the foundations of moral status. These accounts postulate one or more properties which endow individuals with moral status, and one or more other properties which increase the moral status of those who possess them. Critical assessment of two-factor accounts has focused on their implications, especially for humans who lack the properties thought to increase individuals’ moral status. Unfortunately, this approach (...) has led to an impasse. To try to break it, the present manuscript instead assesses the assumption on which two-factor accounts are based, namely, possession of one or more properties, what I call ‘moral status enhancing’ properties, increases their possessors’ moral status. I argue that two challenges, the problem of relevance and the need for a threshold, reveal that there are no moral status enhancing properties, hence, no degrees of moral status among those who matter morally. (shrink)

Dignity is often invoked as the basis of human rights. The precise relation between dignity and human rights remains objectionably obscure, however, and many appeals to dignity seem little more than hand-waving, as critics have pointed out. This vagueness is potentially damning for contemporary human rights accounts, as it calls into question whether dignity can truly serve as the foundation of human rights. In order to defend the view that human rights are grounded in human dignity, this paper presents a (...) novel analysis of dignity that elucidates how human rights can be derived from dignity. Arguing that neither contingent nor inherent conceptions of dignity can, on their own, account for human rights, it develops a conceptualisation of dignity that combines inherent and contingent features in a coherent fashion. This, in turn, is shown to provide us with the means to explain how human rights are both grounded in and protective of dignity. Showing that the inherent features of dignity always generate a claim to the contingent features of dignity, the paper demonstrates that human rights derive directly from the inherent features of dignity, whilst what they protect are the contingent features of dignity. The paper closes with a discussion of the advantages of conceptualising dignity in the manner proposed, explicating the connection between dignity and nobility. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, deprivation that is not (...) caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

Fairness is one of the most prominent values in the Ethics and Artificial Intelligence (AI) debate and, specifically, in the discussion on algorithmic decision-making (ADM). However, while the need for fairness in ADM is widely acknowledged, the very concept of fairness has not been sufficiently explored so far. Our paper aims to fill this gap and claims that an ethically informed re-definition of fairness is needed to adequately investigate fairness in ADM. To achieve our goal, after an introductory section aimed (...) at clarifying the aim and structure of the paper, in section “Fairness in algorithmic decision-making” we provide an overview of the state of the art of the discussion on fairness in ADM and show its shortcomings; in section “Fairness as an ethical value”, we pursue an ethical inquiry into the concept of fairness, drawing insights from accounts of fairness developed in moral philosophy, and define fairness as an ethical value. In particular, we argue that fairness is articulated in a distributive and socio-relational dimension; it comprises three main components: fair equality of opportunity, equal right to justification, and fair equality of relationship; these components are grounded in the need to respect persons both as persons and as particular individuals. In section “Fairness in algorithmic decision-making revised”, we analyze the implications of our redefinition of fairness as an ethical value on the discussion of fairness in ADM and show that each component of fairness has profound effects on the criteria that ADM ought to meet. Finally, in section “Concluding remarks”, we sketch some broader implications and conclude. (shrink)

Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...) this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value. (shrink)

The purpose of this paper is twofold. First, I defend and expand the Fortificationist Theory of Punishment. Second, I argue that this theory implies that non-consensual neurointerventions – interventions that act directly on one’s brain – are permissible. According to the FTP, punishment is justified as a way of ensuring that citizens who infringe their duty to demonstrate the reliability of their moral powers will thereafter be able to comply with it. I claim that the FTP ought to be expanded (...) to include citizens’ interest in developing their moral powers. Thus, states must ensure that their citizens develop their moral reliability, not only because they must enforce their citizens’ compliance with certain duties, but also because states have the duty to maintain the conditions for stability and satisfy their citizens’ interest in developing their moral powers. According to this account of the FTP, if neurointerventions are the only or best way of ensuring that offenders can discharge their fortificational duties, states have strong reasons to provide these interventions. (shrink)

Contemporary political philosophers often take for granted that for political purposes all humans are to be considered of equal worth. The difficulty, as Bernard Williams observed, is to find an interpretation of this claim that does not collapse into absurdity or triviality. I show that the principal attempts to solve this problem all beg the question against an Aristotelian proponent of natural hierarchy. I then explore existing proposals for dissolving the problem of basic equality, whether by denying the need for (...) justification altogether or by reframing justification in either ostensive or coherentist fashion, showing that each fails to account for our sense that basic equality is objectively true. In response, I outline a Hegelian approach that treats the commitment to basic equality as a social fact that constrains philosophical reasoning in contemporary liberal democracies. By itself that might suggest complacent conservatism or cultural relativism, but I argue that practices and institutions that reflect and foster a commitment to basic equality have a distinct value in permitting reciprocal recognition and thereby enabling us to make a distinct class of normative claims on one another. This Hegelian resolution of the problem is dialectically superior to its rivals and therefore warrants further development. (shrink)

Desde hace unas décadas se ha manifestado un movimiento en la literatura relevante que busca la superación de la tolerancia, especialmente en casos como el de la diversidad sexual y otras diferencias atributivas. La idea subyacente es que la tolerancia es incompatible con el respeto que nos debemos como iguales en una democracia. En este artículo argumentamos que la noción de respeto que motiva tal movimiento es inadecuada políticamente, dados los profundos desacuerdos de nuestras sociedades. En su lugar proponemos una (...) alternativa que denominamos “respeto institucional”, que privilegia las posibilidades efectivas de participación política. (shrink)

In his left-libertarian theory of justice Hillel Steiner introduces the idea of conceiving our germ-line genetic information as a natural resource as a means to achieving luck-egalitarian equality. This idea is very interesting in and of itself. But it also has the potential of turning Steiner’s theory into a particularly powerful version of left-libertarianism, or so I argue in the first part of this paper. In the second part I critically examine this idea. I show why, in contrast to what (...) Steiner claims, this idea requires us to evaluate not only the pieces of GLGI that we have used, but rather all the pieces of GLGI that our bodies deliver throughout our lives. Then I argue that besides the immense technical difficulties involved in meeting this requirement, which we may overcome in the future, there is also a substantive reason why we cannot meet this requirement. The relevant value of any given piece of GLGI depends on the way it would interact with another piece of GLGI of the opposite sex in a reproductive process. But there is no way of determining which pieces of GLGI should be assigned to each other for the purpose of this evaluation. (shrink)

It is widely believed that immigrants, after some time, acquire a claim to naturalize and become citizens of their new state. What explains this claim? Although existing answers (may) succeed in justifying some of immigrants' rights claims, they cannot justify the claim that immigrants are owed the opportunity to naturalize because these theories lack a sufficiently rich account of the purpose of citizenship. To fill this gap, I offer a novel egalitarian account of citizenship. Citizenship, on this account, partially protects (...) immigrants against social hierarchy by realizing social equality in a publicly accessible manner. This explains claims to naturalize. (shrink)

The nudge approach seeks to improve people’s decisions through small changes in their choice environments. Nudge policies often work through psychological mechanisms that deviate from traditional notions of rationality. Because of that, some critics object that nudging treats people as irrational. Such treatment might be disrespectful in itself and might crowd out more empowering policies. I defend nudging against these objections. By defending a nonstandard, ecological model of rationality, I argue that nudging not only is compatible with rational agency but (...) can even support it. Accordingly, a concern with rationality speaks for more rather than less public policy nudging. (shrink)

In the debate on the basis of moral equality, one conclusion achieves near consensus: that we must reject all accounts that ground equality in the possession of some psychological capacity (Psychological Capacity Accounts). This widely held view crystallises around three objections. The first is the Arbitrariness Objection, which holds that the threshold at which the possession of the relevant capacities places an individual within the required range is arbitrary. The second is the Variations Objection, which holds that there is rational (...) pressure to acknowledge that variations in psychological capacities between individuals are morally relevant. The third is the No Rational Agency Objection, according to which Psychological Capacity Accounts have unpalatable implications for our treatment of humans who do not possess the relevant capacities. We develop a Psychological Capacity Account based on the capacity for a conception of the good and offer a novel defence of the account against these objections. (shrink)

El objetivo del artículo es analizar y criticar los argumentos elaborados por Carlos S. Nino para justificar una cierta interpretación del concepto de persona moral. Esta interpretación ofrece una estrategia de fundamentación de los derechos morales básicos distinta a la contenida en lo que en el artículo llamo "la estrategia tradicional". El cambio radical de estrategia que Nino propone implica una cierta concepción del igual estatus moral de los seres humanos. Por las razones dadas en el artículo, creo que este (...) cambio de estrategia no es exitoso. The objective of the article is to analyze and criticize the arguments elaborated by Carlos S. Nino to justify a certain interpretation of the concept of moral person. This interpretation offers a foundation of basic moral rights that is different from the one contained in what in the article I call "the traditional strategy". The radical change of strategy that Nino proposes implies a certain conception of the equal status of human beings. For the reasons given in the article, I think that this change of strategy is unsuccessful. (shrink)

In pluralistic deliberative settings, where people come from different cultural and social backgrounds, sharing personal experiences and narratives in the first person is often advocated as a preferential means to bridge the informational and motivational gap between members of different social groups. Whatever the epistemic merits of personal storytelling in democratic deliberation may be, the request for transparency and disclosure of people’s private experiences that this practice entails may be objectionable on moral grounds, because it disrespects people as agents who (...) have practical authority over their own lives. Having people disclose their personal stories in public can humiliate them, reify them and abridge their personal liberties. What is worse, these harms are especially likely to be inflicted upon members of marginalised or disadvantaged minorities. For deliberativists, this should be a matter of concern because respect for people as agents is arguably one of the founding principles of democratic deliberation. (shrink)

There is an apparent problem in identifying a basis for equality. This problem vanishes if what I call the ‘intuited response’ is successful. According to this response, there is no further explanation of the significance of the feature in virtue of which an individual matters, beyond the bare fact that it is the feature in virtue of which an individual matters. I argue against this claim, and conclude that if the problem of identifying a basis for equality is to be (...) resolved, it is necessary to defend a substantive account of the independent significance of some feature. (shrink)

Ian Carter has recently argued in a series of articles that a certain form of respect, called ‘opacity respect’, gives a moral grounding to people’s equality. This type of respect involves abstaini...

Ian Carter has recently argued in a series of articles that a certain form of respect, called ‘opacity respect’, gives a moral grounding to people’s equality. This type of respect involves abstaining from making or acting on judgements about others. Aside from arguing for its justificatory role, Carter also argues that, in this role, it has a series of implications for our thinking about liberal politics. I argue, first, that the theoretical implications of the view that opacity respect grounds equality (...) are narrower than they first appear. This is because, in order to put the view into action, one must make a certain kind of empirical claim. Second, I show that this point reveals an important structural aspect of Carter’s view, concerning the way that principles can be limited in practice. Third, I argue that the practical implications of the view are potentially much broader than they first appear, threatening absurdity. This is because the position’s repercussions naturally extend into day-to-day transactions. (shrink)

(OPEN ACCESS) In this article, I explore the implications of three moral grounds for the justification of supported voting – respect as opacity, respect as equal status, and respect as political care. For each ground, I ask whether it justifies surrogate voting for voters unable to either communicate or give effect to their electoral judgments, due to some cognitive or communicative disability. (Henceforth: incommunicability cases.) I argue that respect as opacity does not permit surrogate voting, and equal status does not (...) justify such support – although the latter account can make sense of the value loss involved in the persistent non-participation of individuals with cognitive and communicative disabilities. Finally, I argue that an account of supported voting based on the ethics of political care can accommodate a pro tanto moral permission to provide surrogate voting as a form of support in incommunicability cases, and it can account for the inclusive approach of the UN Convention on the Rights of Persons with Disabilities to supported decision-making. However, I show that in incommunicability cases, what the political community and individual caretakers ultimately owe to adult fellow citizens as equal members of the political community is some adequate form of political care – but not necessarily surrogate voting. (shrink)

In this paper, I argue that a commitment to a very modest form of egalitarianism—equality between non-disabled human adults—implies fetal personhood. Since the most plausible bases for human value are in being human, or in a gradated property, and since the latter of which implies an inequality between non-disabled adult humans, I conclude that the most plausible basis for human equality is in being human—an attribute which fetuses have.

A central puzzle of contemporary moral and political philosophy is that while most of us believe that all or almost all human beings enjoy the same moral status, human beings possess the capacities that supposedly ground moral status to very unequal levels. This paper aims to develop a novel strategy to vindicate the idea of moral equality against this challenge. Its central argument is that the puzzle emerges only if one accepts a usually unstated theoretical premise about value and the (...) proper response to value. The premise holds that if the presence of a valuable property warrants a certain kind of response towards its bearers, then every variation in the degree to which the property is present necessarily constitutes a reason for a corresponding variation in the response that is warranted towards its bearers. It argues that despite its intuitive appeal, the premise is not plausible as a general view about the proper way of responding to value, and as a view about responding to the value of rational beings in particular. It proposes an account of the proper manner of valuing rational beings that supports a distinctive version of the so-called threshold approach to justifying equal moral status. (shrink)

According to the influential disrespect account of what paternalism is, and why it is wrong, paternalism involves an anti-egalitarian, disrespectful attitude on the part of the paternalist: X (the paternalist) assumes an attitude of superiority when interfering in Y's matters for Y's good. Pace this account, the article argues that an important, although somewhat overlooked, form of paternalism is not, all things considered, insulting. This form of paternalism focusses on people's occasional lack of appropriate self-respect or their failure to see (...) themselves as equals or to stand vis-à-vis others as such. (shrink)

This paper considers the potentially wrongful discriminatory nature of certain of our dating preferences. It argues that the wrongfulness of such preferences lies primarily in the simple lookism they involve. While it is ultimately permissible for us to date people partly because of how they look, I argue that we have a duty to ‘look behind’ people’s appearance, which I take to mean that we ought not, on the basis of their appearance, to regard them as absolutely out of the (...) question for us to engage with in a romantic setting. Further, constraints similar to those suggested by a duty to look behind people’s appearance gain support from another duty we have, namely, a duty to counteract, also in our daily lives, the fact that people are undeservedly disadvantaged in various ways. (shrink)

Soda taxes are controversial. While proponents point to their potential health benefits and the public projects that could be funded with their revenue, critics argue that they are paternalistic and regressive. In this paper, we explore the prospects for designing a just soda tax, one that appropriately balances the often-competing ethical considerations of promoting social welfare, respecting people’s autonomy, and ensuring distributive fairness. We argue that policymakers have several paths forward for designing a just soda tax, but that the considerations (...) relevant to ethical policy design are more complicated than is sometimes acknowledged. (shrink)

Journal of Political Philosophy, EarlyView.

This article defends a specific account of reasonableness as a virtue of liberal citizenship. I specify an account of reasonableness that I argue is more consistent with the phenomenology of intersubjective exchanges among citizens over political matters in contexts of deep disagreement. My reading requires reasonable citizens to undertake an attitude of epistemic modesty while deliberating public matters with agents who hold views different from theirs. In contrast with my view, I debate Martha Nussbaum’s and Steven Wall’s accounts of reasonableness (...) and specify why I believe that these proposals, although interesting, both require revisions. Distinguishing my account from theirs, I specify the normative relation between reasonableness and a general framework of political legitimacy that identifies citizens as ‘co-authors of democratic decisions’. Here, I argue that the liberal ideal of ascribing to each member of the constituency the status of putative epistemic authority can be properly fulfilled if coupled with a correct specification of the political ideal of mutual respect. I conclude claiming that opacity respect, a notion of respect according to which the recognition respect that is owed to individuals is expressed by the idea that we have to treat them as ‘opaque’, is the most adequate concept of political respect when dealing with interpersonal deliberations at political level in contexts of deep disagreement. (shrink)

Proceduralists hold that democracy has a non-instrumental value consisting in the ideal of equality incorporated by fair procedures. Yet, proceduralism does not imply that every outcome of a democratic procedure is fair per se. In the non-ideal setting of constitutional democracies, government and legislative decisions may result from factional conflicts, or depend on majoritarian dictatorships. In these circumstances, Supreme Courts provide a guardianship against contested outcomes by enacting mechanisms of checks and balances, constitutional interpretation and judicial review. Yet, in virtue (...) of this role, Supreme Courts exercise a form of epistocratic power, which rests at odds with the ideal of political equality. We analyse this dilemma and propose a solution, arguing that Supreme Courts do not run unrestrained decisions; rather their decisional power is bound to the protective function of fundamental rights, in which their constitutional mandate ultimately consists. (shrink)

Democratic legitimacy is often grounded in proceduralist terms, referring to the ideal of political equality that should be mirrored by fair procedures of decision-making. The paper argues (§1) that the normative commitments embedded in a non-minimalist account of procedural legitimacy are well expressed by the ideal of co-authorship. Against this background, the main goal of the paper is to argue that structural forms of epistemic injustice are detrimental to the overall legitimacy of democratic systems. In §2 I analyse Young’s notion (...) of political powerlessness and claim that in structurally unjust social contexts members of powerless groups often are not properly acknowledged as functioning members of the polity, hence being jeopardized in their ability to develop part of their personal identity. In §III, I define gerrymandering as an example of political disempowerment that involves an epistemic harm for oppressed citizens, namely, to be prejudicially excluded from the community of epistemic trust. My thesis is that being epistemically disempowered has a negative impact on the way in which citizens understand themselves as political actors, since they suffer a lack of social recognition that may impede a proper development of their reflexive agency. In §IV, I discuss the proposal of granting epistemic privilege to members of oppressed groups, given their specific experience of social injustices. I introduce two concerns about this proposal, one morally grounded and one pragmatically oriented. Finally, in §V, I briefly sketch some institutional remedies that can be employed in order to politically fight systemic forms of epistemic injustice. (shrink)

This paper expounds and defends a relational egalitarian account of the moral wrongfulness of vote markets according to which such markets are incompatible with our relating to one another as equals qua people with views on what we should collectively decide. Two features of this account are especially interesting. First, it shows why vote markets are objectionable even in cases where standard objections to them, such as the complaint that they result in inequality in opportunity for political influence across rich (...) and poor people, are inapplicable. Second, it specifies the sense in which, politically speaking, we should relate as equals, and in doing provides a richer version of recent relational egalitarian accounts of the ideal of democracy. (shrink)

Many theorists think that discrimination is wrongful because it involves treating discriminatees as if they have a lower moral status than others when in fact all people are moral equals. However, there are strong reasons, expounded by Peter Singer and others, to doubt that all people are indeed moral equals. While it may turn out that, ultimately, these reasons can be shown to be unsound, we cannot rule out the possibility that we are not all moral equals. If we are (...) not, discrimination cannot be wrong because it involves failure to treat people as moral equals. With this in mind, I propose two anti-inegalitarian accounts of the wrongness of discrimination – “anti-inegalitarian” rather than “egalitarian” because, strictly speaking, they do not posit equality of status, and “anti-inegalitarian” rather than “inegalitarian” because they reject almost all (and in the case of one of them, all) inequalities in status. These two accounts have many of the attractions of the moral equality account. Being immune to Singerian doubts about moral equality is also a strength of the accounts because it means that they are not hostage to the outcome of the intricate debate over moral equality. Lastly, the anti-inegalitarian accounts I propose are in some ways preferable to the moral equality account because they have certain implications for the wrongness of discrimination that an account given in terms of moral equality does not have, and which egalitarians so far have not theorized. (shrink)

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue (...) of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’. (shrink)

The Asher’s Bakery case raises questions around discrimination against political causes and freedom of religious conscience. Using the Asher’s case, this essay builds on Kasper Lippert-Rasmussen’s work to develop a theory of discrimination which accounts for discrimination of political causes. The essay explores the normative implications of this account including the rights members of salient political causes, and discusses various objections; in particular, how discrimination claims should be balanced against freedom of religious conscience in a liberal society and how religion’s (...) ‘specialness’ can be defended. By offering a critique of the Asher’s case, the essay aims to provide a framework for dealing with similar cases where claims of discrimination from political groups meet claims of religious discrimination. (shrink)

_ One Another’s Equals _, by WaldronJeremy. Cambridge, Mass., and London: Harvard University Press, 2017. Pp. x + 264.

Formal views of autonomy rule out substantive rational capacities (reasons-responsiveness) as a condition of autonomous agency. I argue that such views face a number of underappreciated problems: they have trouble making sense of how autonomous agents could be robustly responsible for their choices, face the burden of explaining why there should be a stark distinction between the importance of factual and evaluative information within autonomous agency, and leave it mysterious why autonomy is the sort of thing that has value and (...) ought to be promoted. Moreover, I argue that the alternative view that includes substantive rational capacities need not have the unacceptable political implications it is sometimes thought to have. (shrink)

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

This paper focuses on a distinct puzzle for understanding the relationship between dignity and human rights. The puzzle is that dignity appears to enter human rights theory in two distinct roles: on the one hand, dignity is commonly pointed to as the foundation of human rights, i.e. that in virtue of which we have human rights. On the other hand, dignity is commonly pointed to as that which is at risk in a subset of human rights, paradigmatically torture. But how (...) can dignity underpin all human rights, and yet only be at stake in very specific human rights violations? And if dignity is lost in torture, how can the tortured retain their human rights? In this paper I offer a solution to these puzzles, in the form of a new theory of dignity. On this new theory, an individual’s dignity can be constituted via either of two pathways: the agent’s own normative competencies, or the authority of her community. The former is what’s typically at stake in practices such as torture; it in virtue of the latter that we have human rights. (shrink)