advanced directivesend-of-life decisionsharming the deadposthumous reproductiontransplant ethics.

The paper is a preliminary examination of the origin and role of psychological perception or “feeling” of dignity in human beings. Following Ayala's naturalistic account of morality, a sense of emotional dignity is seen as an outcome of processes of natural selection, cultural evolution, and above all a need for social inclusion. It is suggested that the existence of emotional dignity as part of a human species-related continuum provides an explanation of why we treat those in a persistent vegetative state, (...) the severely and hopelessly mentally impaired, the senile demented, cadavers and archaeological remains with dignity and respect. For older Europeans, dissonance between physical and mental abilities, unfamiliarity with social and cultural changes and relative proximity to death may influence their emotional dignity and hence vulnerability. (shrink)

In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.

This paper considers the justifiability of criminalising anti-social behaviour through two-step prohibitions such as the Anti-Social Behaviour Order (ASBO). The UK government has recently proposed to abolish and replace the ASBO; however, the proposed new orders would retain many of its most controversial features. The paper begins by criticising the definition of anti-social behaviour employed in both the current legislation and the new proposals. This definition is objectionable because it makes criminalisation contingent upon the irrational judgements of (putative) victims, and (...) its often modest preventive benefits come at a high cost to citizens’ liberty and autonomy. The paper then goes on to propose a new definition of anti-social behaviour that would meet these objections: that is, as a course of conduct that causes others to experience serious and justifiable anxiety about the safety of their local community. Whilst this definition identifies a serious form of wrongdoing, its precise scope is inevitably uncertain. The paper thus concludes that we have good reason to use two-step prohibitions such as the ASBO to regulate such conduct, so as to enable the use of the criminal law against it whilst minimising possible concerns of legality arising from the proposed definition’s uncertain scope. (shrink)

Journalists seldom consider the layers of those affected by their actions; third parties such as families, children, and even people unlucky enough to be in the wrong place at the wrong time. This article argues for consideration of the broader group, considering a range of options available for doing their duty to inform the public while also minimizing harm to others. Journalists might compare themselves with other professions that have similar roles, such as anthropologists, on such issues as confidentiality and (...) disclosure. A broader lesson is the value of applying different views, theoretical frameworks, and starting points to the ethical issues in any profession. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

In this paper, we discuss Armstrong’s account of attachment-based claims to natural resources, the kind of rights that follow from attachment-based claims, and the limits we should impose on such claims. We hope to clarify how and why attachment matters in the discourse on resource rights by presenting three challenges to Armstrong’s theory. First, we question the normative basis for certain attachment claims, by trying to distinguish more clearly between different kinds of attachment and other kinds of claims. Second, we (...) highlight the need to supplement Armstrong’s account with a theory of how to weigh different attachment claims so as to establish the normative standing that different kinds of attachment claims should have. Third, we propose that sustainability must be a necessary requirement for making attachment claims to natural resources legitimate. Based on these three challenges and the solutions we propose, we argue that attachment claims are on the one hand narrower than Armstrong suggests, while on the other hand they can justify more far-reaching rights to control than Armstrong initially considers, because of the particular weight that certain attachment claims have. (shrink)

ABSTRACT This paper focuses on the issue of aborting abnormal fetuses from the standpoint of the prerogatives and obligations of parents. First, two intuitively‐based models of parenthood are developed. In the Trustee Model, parental authority is grounded in the obligation of parents to promote the interests of children, while the Artisan Model locates parental authority in the intrinsic value of parenthood as a mode of parental self‐expression. Reasons are given for believing that neither of these models, taken individually, contains a (...) complete or adequate picture of parenthood and that both have counterintuitive implications. Under the assumption that there is little hope of developing a master model for parenthood to supplant the two inadequate models, five principles are developed for determining how the two models should be applied in making moral decisions. These principles are then applied to five categories of abnormal fetuses. The conclusion is that abortions are justified in the first three categories (involving severe abnormalities), but not in the fifth category (involving only slight deformities). The fourth category requires parental discretion. Finally, a check on these conclusions is provided by comparing them with a parental action that would generally be considered impermissible, namely the decision of a Jehovah's Witness not to permit a blood transfusion for his or her child in a life‐threatening situation. (shrink)

Jessica Flanigan argues that individuals have the right to self-medicate. Flanigan presents two arguments in defense of this right. The first she calls the epistemic argument and the second she calls the rights-based argument. I argue that the right to self-medicate hangs and falls on the rights-based argument. This is because for the epistemic argument to be sound agents must be assumed to be epistemically competent. But, Flanigan’s argument for a constitutionally mandated right to self-medicate models agents as epistemically incompetent. (...) For Flanigan, agents are different at the pharmacy than they are at the polls. I identify this behavioral asymmetry and advocate a symmetric and realistic behavioral postulate for both arguments. The result, however, is that the success of the epistemic argument becomes contingent which fails to justify a constitutionally mandated right. I proceed to raise skepticism about the rights-based argument as well. I conclude that there is reason to be skeptical that these arguments can justify a constitutionally mandated right to self-medicate. Ultimately, a bottom-up approach to pharmaceutical ethics is preferable. (shrink)

The fact that our attitudes change poses well-known challenges for attitude-sensitive wellbeing theories. Suppose that in the past you favoured your adventurous youthful life more than the quiet and unassuming life you expected to live as an old person; now when you look back you favour your current life more than your youthful past life. Which period of your life is better for you? More generally, how can we find a stable attitude-sensitive standard of wellbeing, if the standard is in (...) part defined in terms of unstable attitudes? In this paper, I introduce an ‘attitudinal matrix’ framework that will help us clear up the problems posed by changing attitudes across time. In particular, it will help us see what is at stake, which principles that can or cannot be combined, and what might be the best solution. I defend a very plausible candidate constraint on a solution to the challenge of changing attitudes, which I call ‘diagonalism’. It is argued that among the three main forms of substantive attitude-sensitive wellbeing theories – the attitude-version, the object-version, and the satisfaction-version – it is the satisfaction-version that can both satisfy diagonalism and provide the best account of temporal and lifetime wellbeing. (shrink)

What is harm? I offer an account that involves the victim’s either suffering some adverse intrinsic change or being prevented from enjoying some beneficial intrinsic change. No one is harmed, I claim, in virtue of relational changes alone. Thus (excepting for contrived cases), there are neither posthumous harms nor, in life, harms of the undiscovered betrayal, slander, reputation-damaging variety. Further, two widespread moves in the philosophy of death are rejected. First, death and posthumous are not to be assimilated—death does bring (...) about adverse internal change and harms us straightforwardly. Second, Pitcher-type accounts of posthumous harm are criticized—posthumous events can thwart the satisfaction of my interests, but I am not harmed either just when this occurs or, earlier, when I first acquire or invest in those interests. We have other ways of describing what is going on. (shrink)

This article argues against the view that affirmative action is wrong because it involves assigning group rights. First, affirmative action does not have to proceed by assigning rights at all. Second, there are, in fact, legitimate “group rights” both legal and moral; there are collective rights—which are exercised by groups—and membership rights—which are rights people have in virtue of group membership. Third, there are continuing harms that people suffer as blacks and claims to remediation for these harms can fairly treat (...) the (social) property of being black as tracking the victims of those harms. Affirmative action motivated in this way aims to respond to individual wrongs; wrongs that individuals suffer, as it happens, in virtue of their membership in groups. Finally, the main right we have when we are being considered for jobs and places at colleges is that we be treated according to procedures that are morally defensible. Morally acceptable procedures sometimes take account of the fact that a person is a member of a certain social group. (shrink)

We provide a new wrinkle to the Argument from Unfair Advantage, a rather popular one in the ethics of doping in sports discussions. But we add a new argument that we believe places the moral burden on those who favor doping in sports. We also defend our position against some important concerns that might be raised against it. In the end, we argue that for the time being, doping in sports ought to be banned until it can be demonstrated that (...) our concerns can be satisfied. (shrink)

Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...) the world citizens’ fundamental human rights predicated upon a Kantian concept of human dignity. On this basis, it is now possible to examine the overall function of ICL. Given the fact that ICL has not yet achieved the status of an autonomous discipline, the inquiry must start with a discussion of national theories of criminalisation. The article focuses on the two most important theories of criminalisation, namely the theories of protection of Rechtsgüter and the prevention of harm. Next, it examines whether and how these national theories can be transferred to ICL. (shrink)

El liberalismo de Carlos S. Nino evolucionó desde sus primeros trabajos vinculados al derecho penal, hacia la construcción de una teoría de la democracia deliberativa. Desde sus comienzos, siguiendo a los autores liberales clásicos como John Stuart Mill, hasta el final en donde adhirió a un liberalismo igualitario, hubo construcciones que acompañaron este proceso, como el concepto de autonomía personal, y también ciertos ideales morales, como un oposición concreta al perfeccionismo. El texto presenta al liberalismo de Nino al comienzo y (...) al final de su obra para mostrar que el antiperfeccionismo originado en el liberalismo clásico que servía de base para construir su concepción de la autonomía, se mantuvo inalterado durante todo este proceso de evolución dificultando la compatibilización de su teoría de la responsabilidad penal con su teoría de la democracia deliberativa, orientada hacia el liberalismo igualitario. (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes a (...) philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

This thesis is an attempt to constructively interpret and critically evaluate the liberal doctrine that we may not limit a person’s liberty for her own good, and to discuss its implications and alternatives in some concrete areas of public health policy. The thesis starts theoretical and goes ever more practical. The first paper is devoted to positive interpretation of anti-paternalism with special focus on the reason component – personal good. A novel generic definition of paternalism is proposed, intended to capture, (...) in a generous fashion, the object of traditional liberal resistance to paternalism – the invocation of personal good reasons for limiting of or interfering with a person’s liberty. In the second paper, the normative aspect of this resistance is given a somewhat technical interpretation in terms of invalidation of reasons – the blocking of reasons from influencing the moral status of actions according to their strength. It is then argued that normative anti-paternalism so understood is unreasonable, on three grounds: 1) Since the doctrine only applies to sufficiently voluntary action, voluntariness determines validity of reasons, which is unwarranted and leads to wrong answers to moral questions. 2) Since voluntariness comes in degrees, a threshold must be set where personal good reasons are invalidated, leading to peculiar jumps in the justifiability of actions. 3) Anti-paternalism imposes an untenable and unhelpful distinction between the value of respecting choices that are sufficiently voluntary and choices that are not. The third paper adds to this critique the fourth argument that none of the action types typically proposed to specify the action component of paternalism is such that performing an action of that type out of benevolence is essentially morally problematic. The fourth paper ignores the critique in the second and third papers and proposes, in an anti-paternalistic spirit, a series of rules for the justification of option-restricting policies aimed at groups where some members consent to the policy and some do not. Such policies present the liberal with a dilemma where the value of not restricting people’s options without their consent conflicts with the value of allowing people to shape their lives according to their own wishes. The fifth paper applies the understanding of anti-paternalism developed in the earlier papers to product safety regulation, as an example of a public health policy area. The sixth paper explores in more detail a specific public health policy, namely that of mandatory alcohol interlocks in all cars, proposed by the former Swedish government and supported by the Swedish National Road Administration. The policy is evaluated for cost-effectiveness, for possible diffusion of individual responsibility, and for paternalistic treatment of drivers. The seventh paper argues for a liberal policy in the area of dissemination of information about uncertain threats to public health. The argument against paternalism is based on common sense consequentialist considerations, avoiding any appeal to the normative anti-paternalism rejected earlier in the thesis. (shrink)

Overall, there’s a rich literature on free speech and hate speech. However, there’s been comparatively less discussion on hate speech that brings in empirical psychological and medical evidence on the possible health harms hate speech can have for minorities. I introduce and piece together a set of pre-existing scientific data that’s new to the philosophical literature to help sufficiently establish an argument that governments should ban hate speech. Given the adverse effects hate speech can have on one’s mental and physical (...) health, hate speech causes harm at many times. Since it causes such harm and leads to overridingly negative consequences, the government ought to regulate such speech. (shrink)

Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.

The ethics of emerging forms of artificial intelligence has become a prolific subject in both academic and public spheres. A great deal of these concerns flow from the need to ensure that these technologies do not cause harm—physical, emotional or otherwise—to the human agents with which they will interact. In the literature, this challenge has been met with the creation of artificial moral agents: embodied or virtual forms of artificial intelligence whose decision procedures are constrained by explicit normative principles, requiring (...) the implementation of what is commonly called artificial morality into these agents. To date, the types of reasoning structures and principles which inform artificial morality have been of two kinds: first, an ethically maximal vision of artificial morality which relies on the strict implementation of traditional moral theories such as Kantian deontology or Utilitarianism, and second, a more minimalist vision which applies stochastic AI techniques to large data sets of human moral preferences so as to illicit or intuit general principles and preferences for the design of artificial morality. Taken individually, each approach is unable to fully answer the challenge of producing inoffensive behavior in artificial moral agents, most especially since both forms are unable to strike a balance between the ideal set of constraints which morality imposes on one hand, and the types of constraints public acceptability imposes, on the other. We provide an alternative approach to the design of artificial morality, the Ethical Valence Theory, whose purpose is to accommodate this balance, and apply this approach to the case of autonomous vehicles. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...) secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

Is it ever bad to take pleasure in the suffering of fictional characters? I think so. I attempt to show when and why. I begin with two powerful objections to my view: (1) engaging with fiction is akin to morally unproblematic autonomous fantasy, and (2) since no one is harmed, it is morally unproblematic. I reply to the objections and defend a Moorean view on the issue: It is intrinsically bad to enjoy evil, actual (past, present, or future) and merely (...) imagined. In support, I offer four examples. Then I argue against Moore's claim that it is equally bad to delight in fictional suffering as it is to enjoy actual suffering. Finally, I argue that even though it is bad to enjoy imagined suffering, the power of fiction is often mitigating. The moral problems are more often with the works of fiction than with the audience. (shrink)

While Strawsonians have focused on the way in which our “reactive attitudes”—the emotions through which we hold one another responsible for manifestations of morally significant quality of regard—express moral demands, serious doubt has been cast on the idea that non-blaming reactive attitudes direct moral demands to their targets. Building on Gary Watson’s proposal that the reactive attitudes are ‘forms of moral address’, this paper advances a communicative view of praise according to which the form of moral address distinctive of the (...) praise-manifesting reactive attitudes (approbation, gratitude) is moral invitation. Like moral demand, moral invitation is a species of directive address presupposing its target’s possession of distinctive agential capacities and, when valid, provides its addressee with reason to give the addressor’s directive discursive uptake. While blame’s demands issue imperatival reasons for compliance (e.g. to acknowledge wrongdoing, apologize, etc.), praise’s invitations provide discretionary reasons to accept credit in jointly valuing the significance of the act for the praiser. In addition to its phenomenological plausibility and contribution to the already fecund Watsonian-cum-Strawsonian program, the invitational view helps render intelligible the power of our praise practices to facilitate the formation and enrichment of our interpersonal relationships. (shrink)

This work consists of two parts. Part I will be a contribution to a philo- sophical discussion of the nature of causal explanation. It will present my contrastive counterfactual theory of causal explanation and show how it can be used to deal with a number of problems facing theories of causal explanation. Part II is a contribution to a discussion of the na- ture of interest explanation in social studies of science. The aim is to help to resolve some controversies (...) concerning interest explanation by explicating the concept of interest and its explanatory uses by using the account of explanation developed in Part I. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

Joseph Heath1 The Pareto principle states that if a proposed change in the condition of society makes at least one person better off, and does not make anyone else worse off, then that change should be regarded as an improvement. This principle forms the conceptual core of modern welfare economics, and exercises enormous influence in contemporary discussions of justice and equality. It does, however, have an Achilles’ heel. When an individual experiences envy, it means that improvements in the condition of (...) others may worsen the condition of that individual. As a result, envy has the potential to block a vast range of changes that we might intuitively be inclined to regard as Pareto improvements. (Or more precisely, envy results in too many states getting classified as Pareto-optimal, not because, intuitively, they cannot be improved upon, but because no one’s condition can be improved upon without making someone else envious.) For example, a market exchange between two people might not wind up being classified as a Pareto improvement if the benefits produced for the two parties generated envy in some otherwise uninvolved third. (shrink)

Does a white philosopher have anything of value to offer to the philosophy of race and racism? If this philosophical subfield must embrace subjective experience, why should we value the perspective of white philosophers whose racial identity is often occluded by racial normativity and who lack substantive experiences of being on the receiving end of racism? Further, if we should be committed to experience, in what sense can the philosophy of race and racism be “objective”? What should that word mean?Tackling (...) this question first, “objective” should at least mean general, that the ideas of the literature can be coherently integrated. An objective take on racism brings together a plurality of perspectives. What’s wrong with just a plurality of satellite ideas? It implies a fragmented approach to ameliorating racism, where different specialists have different recommendations. How can racism, generally, be lessened? If major views of racism are unifiable, then we have a general method to ameliorate racism. This project might appear tone-deaf: a white philosopher unifying things by reducing ideas to some central notion. But this unity isn’t about reducing things but rather integrating them in a way that respects difference. Yet, there’s a reason we should be interested in the white perspective. Whites can speak about racism from a participatory perspective. If whites are knowledgeable, and believe themselves to have no implicit bias, they may suppose they’re “beyond” racism or no longer at risk for perpetuating it. I explore this idea in a psychologically realistic way via my notion of overlooking, where ameliorating racism from the white perspective is an ongoing project. I end by considering how racism is applicable to other philosophical ideas beyond its typical or circumscribed purview. Here, I re-frame responsibility, arguing that we needn’t be forced to choose between responsibility models divided into individual versus social camps. We ought to instead think of responsibility in terms of power, which provides a realistic lens by which persons and groups are held to account. In being more generally convincing, it might actually get folks to take responsibility where they might not otherwise—theory in service of praxis. (shrink)

I argue here that the practice of penal torture is not intrinsically wrongful. A common objection against the practice of penal torture is that there is something about penal torture that makes it wrongful, while this is not the case for other modes of punishment. I call this claim the asymmetry thesis. One way to defend this position is to claim that penal torture is intrinsically wrongful. It is the claim I argue against here. I discuss and reject three versions (...) this claim. I first address a version that is based on the idea that penal torture, unlike other modes of punishment, is intrinsically wrong because it is inhuman. I then address a version grounded on the claim that, because penal torture is an assault upon the defenseless, it is morally impermissible. Finally, I discuss a version that concerns the idea that penal torture attacks human dignity and undermine agency. (shrink)

Essay I analyses a sample of corporate codes in the Swedish banking sector. The purpose is to investigate the codes’ ethical status. Are they consistent with the values of fairness or are they instead at a risk of harming the employees? With regard to employees, eight of the nine codes in the material were found to focus one-sidedly on their duties and responsibilities, lack statements regarding their value to the firm, while carefully stating the importance of several other stakeholders, have (...) an anonymous or authoritarian tone, say little regarding the substantial reasons why certain behaviour is forbidden or expected; some of the codes also contained problematic freedom restrictions. The empirical investigation of code content and design leads us to the normative issue of whether such a design can be unfair and risks harming the employees. Departing from the values of equality, reciprocity, care and respect, eight of the nine codes are found to be at risk of being in conflict with these values. The socially responsible firm, which avoids risking employees’ welfare and self-respect, must consider rewriting such corporate codes. Essay II seeks to provide a richer moral assessment of the transactions, offers and working conditions in the labour market. Some of the most influential accounts have focused on either the act of consent, the background conditions or the quality of the offers. I argue that all these aspects are ethically relevant and necessary to make agreements morally justified. This leads me to the conclusion that unreasonable offers remain ethically flawed regardless of employees’ consent and adequate background conditions; the mere act of consent is, nonetheless, ethically valuable; there exist different kinds of demands, affected differently by whether they are properly consented to. Then, in a well-ordered liberal democracy, to ascertain whether a firm’s offers and working conditions are morally sound, we need to know both their quality and whether they have been properly consented to. A firm ends up with three moral responsibilities: not to exploit the workers’ disadvantaged position in the labour market, which requires that they are offered only reasonable proposals, to inform employees in the contract situation of all the relevant aspects and working conditions associated with the job, thereby enabling proper consent, and once the worker is employed, to only implement working conditions of the kind that are possible to justify and consistent with treating the employees as persons. (shrink)

I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...) people can be mistaken about their own good: First, the doctrine entails that we should sometimes allow people to unintentionally severely harm or kill themselves though we could easily stop them. Second, it entails that we should sometimes allow perfectly informed and rational people to risk the lives of themselves and others, though they are in perfect agreement with us on what reasons we have to stop them for their own good. Third, the doctrine leaves unexplained why we may benevolently coerce less competent but substantially autonomous people, such as young teens, but not adults. Last, it entails that there are peculiar jumps in justifiability between very similar actions. I conclude that as liberals we should reject anti-paternalism and focus our efforts on explicating important liberal values, thereby showing why liberty reasons sometimes override strong personal good reasons, though never by making them invalid. (shrink)

Should college teachers still teach works with immoral content? What if the works are by deeply immoral thinkers? This guide is intended to help us answer these sorts of pedagogical questions by articulating the pertinent moral issues and then suggesting strategies for navigating them.

Reproductive autonomy has been challenged by the availability of genetic information, disability and the ethics of selective reproduction. Utilitarian and rights-based approaches, as well as procreative beneficence fail to provide compelling reasons for infringing RA, and may even be likened to dangerous eugenics. Parents are not morally obliged to prevent the birth of a disabled child. Society should rather adopt inclusivity, recognising and providing persons with disabilities opportunities for capability and worthwhile lives.

This thesis in an invistigation into the concept of "harm" and its moral relevance. A common view is that an analysis of harm should include a counterfactual condition: an act harms a person iff it makes that person worse off. A common objection to the moral relevance of harm, thus understood, is the non-identity problem. -/- This thesis criticises the counterfactual condition, argues for an alternative analysis and that harm plays two important normative roles. -/- The main ground for rejecting (...) the counterfactual condition is that it has unacceptable consequences in cases of overdetermination and pre-emption. Several modifications to the condition are considered but all fail to solve this problem. -/- According to the alternative analysis to do harm is to perform an act which is responsible for the obtaining of a state of affairs which makes a person’s life go worse. It is argued that should be understood in terms of counterfactual dependence. This claim is defended against counterexamples based on redundant causation. An analysis of is also provided using the notion of a well-being function. It is argued that by introducing this notion it is possible to analyse contributive value without making use of counterfactual comparisons and to solve the non-identity problem. -/- Regarding the normative importance of harm, a popular intuition is that there is an asymmetry in our obligations to future people: that a person would have a life worth living were she to exist is not a reason in favour of creating that person while that a person would have a life not worth living is a reason against creating that person. It is argued that the asymmetry can be classified as a moral option grounded in autonomy. Central to this defence is the suggestion that harm is relevant to understanding autonomy. Autonomy involves partly the freedom to pursue one’s own aims as long as one does no harm. (shrink)

One of the features of John Locke’s moral philosophy is the idea that morality is based on our beliefs concerning the future good. In An Essay Concerning Human Understanding II, xxi, §70, Locke argues that we have to decide between the probability of afterlife and our present temptations. In itself, this kind of decision model is not rare in Early Modern philosophy. Blaise Pascal’s Wager is a famous example of a similar idea of balancing between available options which Marcelo Dascal (...) has discussed in his important 2005 article “The Balance of Reason”. -/- Leibniz, however, was not always satisfied with this kind of simple balancing. In his commentary to Locke’s Essay, Nouveaux essais sur l’entendement humain, II, xxi, §66, he presented an alternative model which is based on an idea of plural, mutually conflicting inclinations. This kind of model, called as vectorial theory of rational decision by Simo Knuuttila, fits well with Leibniz’s theory of the soul where volitions are formed as a kind of compromise between different inclinations to different goods. -/- I will present these two models and show how they illustrate the practical rationality of Locke and Leibniz and how their moral philosophies differ, although being similar in certain respects. The topics include Leibniz’s criticism of Lockean hedonism and the discussion of akratic behaviour in II, xxi of Essay and Nouveaux essais. (shrink)

What makes a life good for the person who lives it? According to one answer, enjoyment. Hedonists tell us that one's life goes well to the extent that he enjoys himself and avoids pain. Another answer is that we do well in life to the extent to which we get what we desire. Some versions of this last answer count only "rational" of "informed" desires as relevant to well-being. I defend the view that a person's quality of life is determined (...) by the overall fit between what he actually wants and what he gets, whether or not he is informed or rational. In Chapter 1, I present and explain a theory about well-being, Actual Desire Satisfactionism. I discuss some intuitions about the value of getting what we want and show several ways to develop a theory around these intuitions. In Chapter 2, I respond to the objection that well-being cannot be determined by the satisfactions and frustrations of our actual desires because sometimes our actual desires are defective. In Chapter 3, I argue that our lives can be improved by getting what we want even when the things we want are apparently irrelevant to how our lives unfold. In Chapter 4, I show that Actual Desire Satisfactionism is consistent with our ordinary intuitions about self-sacrifice. In Chapter 5, I respond to an objection based on the fact that our desires often change over time. In Chapter 6, I discuss an argument based on the idea that some of our desires are unwanted. In Chapter 7, I show that Actual Desire Satisfactionism is compatible with various common intuitions about the narrative arrangement and variety of goods in a life. Finally, in Chapter 8, I suggest several ways to reconcile Actual Desire Satisfactionism with hedonistic accounts of well-being. (shrink)

In her political philosophy, Martha C. Nussbaum defends liberal political principles on the basis of an objective conception of the good of human beings. This paper examines whether her argument succeeds. It identifies three methods to which Nussbaum refers in order to select the central human capabilities, whose exercise is seen as constituting the human good. It asks whether these methods – the interpretation of actual ways of human self-understanding, the search for necessary anthropological features, and the idea of an (...) overlapping consensus – can yield liberal political principles. The paper concludes that it is doubtful that the first two methods will lead to this result. As to the third method, it may yield liberal principles only insofar as it relies on the notion of human dignity which is interpreted in a way that contains a strong view of equality of all human beings. In this way, universal liberal principles are not primarily based on considerations of the human good, but on a genuine moral standpoint. (shrink)

Este trabajo se propone defender una interpretación moderada de los argumentos de Thomas Pogge sobre justicia y pobreza globales, elaborados en su libro La pobreza en el mundo y los derechos humanos. Para esto, se analizará minuciosamente la reconstrucción que los críticos hacen de los argumentos de Pogge. Con esto, se espera poner de manifiesto que dicha reconstrucción se aleja en muchos casos de una interpretación mínimamente caritativa y malinterpreta los argumentos originales de este autor. Así, en este trabajo, se (...) defenderán una tesis principal y una subtesis. 1. Tesis principal. El deber negativo de no “cooperar en el mantenimiento de instituciones sociales injustas sin hacer una protección que compense y esfuerzos de reforma para sus víctimas” (en adelante, el “deber de no contribuir con la injusticia”) es menos exigente de lo que los críticos de Pogge afirman. Para defender esta tesis, se mostrará la relación entre el deber negativo de no contribuir con la injusticia y las obligaciones positivas de 1) proteger a las víctimas de un orden institucional injusto y de 2) trabajar para reformar los rasgos injustos de ese orden. Asimismo, se tratará de establecer cuáles son las implicancias prácticas de estas dos obligaciones positivas. 2. Subtesis. La violación del deber de no contribuir con la injusticia no convierte a los agentes morales en “violadores” de derechos humanos, tal como los críticos de Pogge sostienen, sino en “contribuyentes”. Para defender esta subtesis, se examinarán las críticas que se le formulan al autor con respecto a la falta de cumplimento del deber de no contribuir con la injusticia y se explicitarán las consecuencias del incumplimiento de este deber y de las dos obligaciones positivas mencionadas. El objetivo general de este trabajo es ofrecer una interpretación consistente de los principales argumentos de Pogge sobre justicia y pobreza globales que esclarezca los puntos incomprendidos o malinterpretados por sus críticos más importantes. Así, este trabajo constituye una contribución valiosa al campo de estudio, ya que, 1) sienta sobre bases más firmes una de las teorías filosóficas contemporáneas más citadas y ampliamente debatidas sobre justicia global y 2) facilita un verdadero intercambio de ideas entre filósofos, filósofas y otros expertos en el tema, mediante un real entendimiento de los argumentos poggeanos. (shrink)

Vaikka suurin osa viimeaikaisesta ilmaston lämpenemisestä on ihmisten aiheuttamaa antropogeenista lämpenemistä, yksittäisten ihmisten kausaalinen vaikutus ilmastonmuutokseen on minimaalinen, jopa mitätön. Tämän takia jotkut väittävät, että on harhaanjohtavaa pitää yksilöitä vastuussa ilmastonmuutoksesta. Tällainen argumentointi perustuu perinteisiin vastuutulkintoihin ja -käsitteisiin, joissa vastuun perustana painotetaan toimijan näkökulmaa ja hänen kausaalista rooliaan: jos toimijan teot tai tekemättä jättämiset eivät vaikuta lopputulokseen, hän ei ole vastuussa siitä. Ilmastonmuutoksessa on toinenkin vastuukäsitysten kannalta ongelmallinen seikka, intentionaalisuus eli tahallisuus: ihmiskunta tai yksittäiset ihmiset eivät ole tietoisesti lähteneet muuttamaan (...) ilmastoa. Päinvastoin ilmastonmuutos on syntynyt teollistumisen ja nykyisen elämäntyylimme tahattomana – ja pitkään myös tiedostamattomana – sivuvaikutuksena. Koska omien tekojemme kausaalinen vaikutus sekä niiden tahallisuus tai tahattomuus on luonnollisesti keskiössä arvioidessamme omaa vastuutamme, mahdollinen osallisuutemme vahingon tuottamiseen jää helposti vähemmälle huomiolle. -/- Keskityn tässä artikkelissa osallisuusvastuun (complicity) käsitteeseen ja argumentoin samalla liian yksilökeskeistä ajattelua vastaan. Kollektiivinen toimijuus on otettava huomioon siinä missä yksilökeskeinenkin. Vastuunkantaja ja vastuun peruste ovat analyyttisesti erillisiä käsitteitä, ja niiden tarkastelu voi valottaa vastuukeskustelua ilmastonmuutoksesta. Vastuun peruste voi olla yksilöllinen silloinkin, kun vastuunkantaja on kollektiivinen. Lisäksi argumentoin, että vastuusta puhuttaessa ei riitä katsoa asiaa vain toimijan itsensä kannalta, vaan myös uhrin ja sivustakatsojan näkökulmat on otettava huomioon. Vasta kun vastuukäytäntöjä tarkastellaan ihmisten keskinäisten (usein monimutkaisten) verkostojen ja linkitysten kautta, voidaan saada tasapainoinen kuva vastuumme määrästä ja sen rajoista. -/- Yksilön vastuu ei poista vastuuta kollektiiveilta, kuten valtioilta, ja voimme tehokkaimmin hillitä ilmastonmuutosta esimerkiksi lainsäädännön kautta. Ennen kuin kollektiiviset ratkaisut ilmastonmuutoksen hillitsemiseksi saadaan toimimaan, vastuu palautuu kuitenkin yksilöille. Vastuun peruste on aina yksilötasolla ja sitä voidaan ainoastaan delegoida kollektiiveille. Ilmastonmuutoksen kohdalla delegointi ei ole vielä toiminut. (shrink)

In this paper, I set out and defend a new theory of value, whole-life welfarism. According to this theory, something is good only if it makes somebody better off in some way in his life considered as a whole. By focusing on lifetime, rather than momentary, well-being, a welfarist can solve two of the most vexing puzzles in value theory, The Badness of Death and The Problem of Additive Aggregation.