In this article I show why investment practices matter for a property-owning democracy and how political philosophers can analyse them. I begin by documenting how investment practices influence income distribution. Empirical research suggests that investments that force corporations to maximise shareholder value, which I refer to as ‘shareholder value investing’, increase income inequality. By contrast, there is evidence that socially responsible investing could bring society closer to a POD. Following that, I sketch how financial regulation fosters investment practices and discuss (...) how SRI could be boosted if regulation attempted to influence investment decisions, although many people in the public discourse would see this as exceedingly patronising. Finally, I outline how political philosophers can evaluate financial regulation. I argue that drawing on Hegel or Rawls helps to justify efforts to influence investment decisions and that proponents of a POD should therefore develop and support regulatory ideas which foster SRI. (shrink)

Drawing on earlier work of the author that is both clarified and amplified here, this article explores the question: what is it for two or more people to intend to do something in the future? In short, what is it for people to share an intention? It argues for three criteria of adequacy for an account of shared intention and offers an account that satisfies them. According to this account, in technical terms explained in the paper, people share an intention (...) when and only when they are jointly committed to intend as a body to do such-and-such in the future. This account is compared and contrasted with the common approach that treats shared intention as a matter of the correlative personal intentions, with particular reference to the work of Michael Bratman. (shrink)

Rawls saw need for non-ideal theory also within society but never developed that project. In this chapter, Card suggests that the non-ideal part of Rawls’ Law of Peoples can be a resource for thinking about responding to evils when the subject is not state-centered. It is plausible that defense against great evils other than those of aggressive states should be governed by analogues of scruples that Rawlsian well-ordered societies observe in defending themselves against outlaw states. This essay explores those hypotheses (...) in relation to women’s self-defense and mutual defense against evils of misogyny, the term feminists apply to the most deeply hostile environments of and attitudes toward women and girls and to the cruelest wrongs to them/us, regardless whether perpetrators harbor feelings of hatred. It extrapolates and adapts to this case values, concepts, and methods from Rawls’s life’s work, especially his writing on war. (shrink)

Anarchism and Political Modernity looks at the place of 'classical anarchism' in the postmodern political discourse, claiming that anarchism presents a vision of political postmodernity. The book seeks to foster a better understanding of why and how anarchism is growing in the present. To do so, it first looks at its origins and history, offering a different view from the two traditions that characterize modern political theory: socialism and liberalism. Such an examination leads to a better understanding of how anarchism (...) connects with newer political trends and why it is a powerful force in contemporary social and political movements. This new volume in the Contemporary Anarchist Studies series offers a novel philosophical engagement with anarchism and contests a number of positions established in postanarchist theory. Its new approach makes a valuable contribution to an established debate about anarchism and political theory. It offers a new perspective on the emerging area of anarchist studies that will be of interest to students and theorists in political theory and anarchist studies. (shrink)

A chapter reviewing recent experimental work on people's conceptions of ownership rights.

Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...) more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices. (shrink)

This article challenges the orthodox explanation of the normative connection between contracting parties: The promisee is regarded as having a superior position vis‐à‐vis the promisor, a position manifesting itself in the promisee's authority or control over the promisor's performance, and supported, in particular, by the promisee's supposed power, or at least some sort of ability falling short of a normative power, to “waive” the promisor's duty of performance. The article demonstrates that this explanation is rooted in a one‐sided, and ultimately (...) wrong, understanding of correlativity in contractual relations and suggests a better understanding, one truly capable of accounting for contractual bilaterality. (shrink)

What I refer to here as the dilemma of authority arises when one ought to defer to authority; one ought to act as the more weighty reason demands; one can do either; one cannot do both. For those who reject the possibility of legitimate authority, the dilemma does not arise. Among those who accept legitimate authority, some, including Joseph Raz, presume the conflict can be resolved without remainder. In this paper, I argue that, in a moral conflict of this kind, (...) when one of the reasons for action is defeated but not cancelled, it is rational to feel regret for failing to do what one ought to do. (shrink)

That law is coercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.

That lawiscoercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.

In trust relationships, one person has a ‘beneficial interest’ in another’s performance. The former not only would but should benefit from the latter’s action, and the latter has a ‘fiduciary duty’ toward the former to so act. But where that act would otherwise be wrong, the first person’s beneficial interest would be providing a pro tanto reason for the second person to do something that is pro tanto wrong. That reason can – and should – be removed by the former (...) renouncing their beneficial interest in the latter’s pro tanto wrongful action. Doing so would cancel the fiduciary’s excuse for wrongdoing on the beneficiary’s behalf. (shrink)

Philosophy and Phenomenological Research, EarlyView.

ABSTRACTThis article argues that received accounts of the concept of human dignity face more difficulties than has been appreciated, when explaining the connection between human dignity and the duty of respect that dignity is supposed to generate. It also argues that a novel, relational, account has the adequate structure to explain such connection.

In spite of the burgeoning philosophical literature on human dignity, Stephen Darwall's second-personal account of the dignity of persons has not received the attention it deserves. This article investigates Darwall's account and argues that it faces a dilemma, for it succumbs either to a problem of antecedence or to the wrong kind of reasons problem. But this need not mean one should reject a second-personal account. Instead, I argue that an alternative second-personal conception, one I will call relational, promises to (...) solve the dilemma by avoiding both the problem of antecedence and the wrong kind of reasons problem. More generally, distinguishing these two second-personal conceptions of the dignity of persons is important to enrich the available philosophical accounts of human dignity. (shrink)

The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of preempting the citizen‟s liberty to reciprocate (...) fairly in ways other than obeying the law. This justificatory gap is unaffected by the ongoing debate between the voluntarist and the nonvoluntarist accounts of fairness, and it cannot be bridged by the two arguments that are perhaps implicit in Klosko‟s account, namely the presumptive benefits argument and the democratic procedure argument. (shrink)

The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of preempting the citizen’s liberty to reciprocate (...) fairly in ways other than obeying the law. This justificatory gap is unaffected by the ongoing debate between the voluntarist and the nonvoluntarist accounts of fairness, and it cannot be bridged by the two arguments that are perhaps implicit in Klosko’s account, namely the presumptive benefits argument and the democratic procedure argument. (shrink)

Many business ethicists assume that if a type of conduct is illegal, then it is also unethical. This article scrutinizes that assumption, using the rideshare company Uber’s illegal operation in the city of Philadelphia as a case study. I argue that Uber’s unlawful conduct was permissible. I also argue that this position is not an extreme one: it is consistent with a variety of theoretical commitments in the analytic philosophical tradition regarding political obligation. I conclude by showing why business ethicists (...) would have a better rejoinder to the “dominant view” of business ethics associated with Milton Friedman if they dispensed with the assumption that illegal implies unethical. (shrink)

I have contended that acting on some principle and complaining when others act in accordance with the same principle in similar circumstances is morally improper. By wrongdoing one forfeits the right to claim the right (s)he disregards in interacting with others. This is not equivalent to a view that one's acting in a certain way justifies others acting in that way, i.e. that by wrongdoing one forfeits rights (s)he disregards in interacting with others. It may still be morally improper to (...) treat malfeasors in the same way they treat us but, I have argued, they cannot themselves claim a right not to be treated in that way.This analysis of the right to claim rights can help explain the change in moral status of wrongdoers in two important ways. First, if there are some non-forfeitable human rights, the loss of moral standing of one who disregards those rights in others can be explained. Second, and perhaps potentially more important, if having a right implies the right holder's being justified in claiming it, we have a basis for saying all human rights are forfeitable.This second position would require a tightening of the link between the right to X and the ancillary right to claim the right to X. I have not undertaken that burden here. Instead, I argued that the loss of the right to claim is, itself, a significant loss. (shrink)

In this paper I put forward an ethical argument for the provision of extensive patient choice by the British National Health Service. I base this argument on traditional liberal rights to freedom of choice, on a welfare right to health care, and on a view of health as values-based. I argue that choice, to be ethically sustainable on this basis, must be values-based and rational. I also consider whether the British taxpayer may be persuadable with regard to the moral acceptability (...) of patient choice, making use of Rawls’ theory of political liberalism in this context. I identify issues that present problems in terms of public acceptance of choice, and also identify a boundary issue with regard to public health choices as against individual choices. (shrink)

El autor presenta en este texto diversos aspectos de su propuesta de teoría general de los derechos. Esta teoría toma a los legales como modelo de los derechos en general. Se plantea como primer objetivo la necesidad de esclarecer el discurso de los derechos, tanto por razones teóricas como prácticas, esto es, para detallar el alcance práctico de cada derecho. Este objetivo podría lograrse con la aplicación de categorías fundamentales que analizó W. N. Hohfeld al lenguaje de los derechos. También (...) se pone de manifiesto la naturaleza contenciosa de los derechos así como la complejidad de su estructura interna. Todos esos aspectos se reproducen en el caso de los derechos morales, cuyos singulares problemas de fundamentación también son abordados. El texto se cierra con algunas consideraciones relativas a los posibles titulares de los derechos y a una categoría singular de derechos: los derechos humanos. (shrink)

I argue that an act can be wrong _because_ it wrongs a particular person. I then show how this thesis serves as a constraint on moral theories, using Kantian ethics as a case study.

Since the death of Mao Zedong and the subsequent implementation of an ?open door? economic policy, foreign criticism of China's human rights record has greatly increased. China maintains that it possesses a distinct understanding of rights deriving from its own history and national conditions. In particular, China cites the doctrine of Marxism, its state ideology since 1949, as the primary influence on its perception of rights. Yet, China also persists in a peculiarly Confucian orthodoxy, identifiable both in its official theory (...) and practice of rights. Is there a universal principle of human rights, or does China's entrenched Confucian heritage of itself argue against the pertinence of foreign criticisms? (shrink)

This paper discusses the idea that trade – the practice of regularised exchange of goods or services between nation-states for mutual advantage under an orchestrated system of rules – can generate moral duties, duties that exist between only participants in the activity. It considers this idea across three duties often cited as duties of trade: duties not to harm; duties to provide certain basic goods; and duties to distribute benefits and burdens fairly. The paper argues that these three duties seem (...) unlikely contenders for duties thought in some sense to supervene on trade, the former two because they seem to exist regardless of the existence of trade and the latter because it seems to apply to a group more widely conceived than to be coherently thought centred on trade. It concludes that, at least across these three duties, it is more plausible to think that they are duties which, although possibly having relevance for how trade is conducted, do not emerge from the practice and are, rather, grounded elsewhere. (shrink)

In this article, I offer a foundation for the prima facie idea of a right to welfare based on a neglected aspect of Kant’s legal theory: his account of equity rights. I argue...

The Moral Equality Account of Hypocrisy (ME) is a prominent theory of why hypocrites lack moral standing to blame. Hypocrites make exceptions for themselves and thereby implicitly deny moral equality, which is an essential premise of moral standing to blame. ME has recently faced challenges from philosophers who deny that it is the hypocrite’s rejection of moral equality that causes her to lose moral standing to blame. I have distinguished three main challenges which I discuss and rebut in this article: (...) “The Internal Blame and Blame of Fictional Characters Challenge”, which I attribute to Todd ( 2019 ), and “The Hypercrite Challenge” and “The Inegalitarian Norm Challenge”, which are due to Lippert-Rasmussen ( 2021 ). The article begins by offering an account of ME. It fills in a few gaps in the theory, by explaining why it is necessary for a blamer to invoke a special right to blame and by determining the type of right that standing to blame is. It also distinguishes between the question of why hypocrisy is wrong or bad, and the question of why it undermines moral standing to blame. I hold that several theories provide plausible answers to the first question, but only ME has so far given a good answer to the second question. When distinguishing properly between these two questions, we see that ME can respond satisfactorily to the three challenges. (shrink)

The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, _in and of itself_, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, _in and of itself_, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain _meanings_ that make them denials/affirmations of (...) freedom irrespective of their consequences. My aim is to show that such an immanent connection between crime/punishment and freedom exists. I do so by explicating the “natural meaning” of crime and punishment. This way of addressing the topic is inspired by Jean Hampton’s use of H. P. Grice’s concept of natural meaning. Expanding on Hampton’s theory, drawing on both H. L. A. Hart and Kant, I argue that crime has the natural meaning of denying freedom, and punishment has the natural meaning of affirming freedom. The paper presents an ideal theory, not a justification for actual criminal justice practices, which in most countries unfortunately fail to instantiate the value of mutual freedom. (shrink)

Recommendation systems (RSs) predict what the user likes and recommend it to them. While at the onset of RSs, the latter was designed to maximize the recommendation accuracy (i.e., accuracy was their only goal), nowadays many RSs models include diversity in recommendations (which thus is a further goal of RSs). In the computer science community, the introduction of diversity in RSs is justified mainly through economic reasons: diversity increases user satisfaction and, in niche markets, profits.I contend that, first, the economic (...) justification of diversity in RSs risks reducing it to an empirical matter of preference; second, diversity is ethically relevant as it supports two autonomy rights of the user: the right to an open present and the right to be treated as an individual. So far, diversity in RSs has been morally defended only in the case of RSs of news and scholarly content: diversity is held to have a depolarizing effect in a democratic society and the scientific community and make the users more autonomous in their news choices. I provide a justification of diversity in RSs that embraces all kinds of RSs (i.e., a holistic moral defense) and is based on a normative principle founded on the agency of the user, which I call the right to be an exception to predictions. Such a right holds that the proper treatment of a RS user qua agent forbids providing them with recommendations based only on their past or similar users’ choices. (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...) themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

Do members of democratic societies have a moral right that others not actively prevent them from engaging in wrongdoing? Many political theorists think that they do. “It is a feature of democratic government,” Michael Walzer writes, “that the people have a right to act wrongly—in much the same way that they have a right to act stupidly”. Of course, advocates of a democratic right to do wrong may believe that the scope of this right is limited. A majority in a (...) democratic society, for example, may not have a moral right against being prevented from enslaving or arbitrarily disenfranchising a minority, or if it were to launch a wrongful aggressive war against another society. But many join Walzer in asserting that it would be wrong in principle to intervene to prevent some wrongs that democratic societies would inflict. This thesis, which we call the democratic right to do wrong thesis (DRTDWT), can be formulated as follows: DRTDWT – For democratic societies A and agents B, there is a class of wrongful policies and institutions X, such that if A chooses to implement members of this class pursuant to democratic procedures, B has a duty not to actively intervene to prevent the implementation of X. Our goal in this essay is to show that the DRTDWT should be rejected. (shrink)

Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four-year-olds and adults evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations—whether the target belonged to the agent or another person, and whether that other person approved of the (...) action. Moreover, these manipulations influenced judgments for owned objects and body parts in the same way: When the other person approved of the action, participants' judgments were positive regardless of who the target belonged to. In contrast, when that person disapproved, judgments depended on who the target belonged to. These findings show that young children grasp the importance of approval or consent for ownership rights and bodily rights, and likewise suggest that people's notions of ownership rights are related to their appreciation of bodily rights. (shrink)

Nicholas Vrousalis has aimed to recast an old objection to the will theory of rights by focusing on Hillel Steiner’s version of that theory. He has argued that Will Theory must either be insensitive to the (values of the) lives of the unempowerable, or be incomplete, because it has no argumentative resources within its conceptual apparatus to ascribe or justify restrictions on the amount of discretion exercised by legal officials. I show that both charges are problematic. They rely on some (...) of Steiner’s inferences which are simply unjustified because they are based on misinterpretations of the logic of Hohfeld’s terminology. The problem for Vrousalis is that his critique takes for granted some of these flawed arguments. The critique is also misdirected to the extent that it assumes that the problems with Steiner’s theory affect Will Theory in general. (shrink)

Does the receipt of benefits from some common resource create an obligation to contribute toward its maintenance? If so, what is the basis of this obligation? I consider whether individual contributions to climate change can be impugned as wrongful free riding upon the stability of the planet's climate system, when persons enjoy its benefits but refuse to bear their share of its maintenance costs. Two main arguments will be advanced: the first urges further modification of H.L.A. Hart’s “principle of fairness” (...) as the basis for demanding that would-be free riders pay their fair share in the context of climate change, while the second claims that remedial action on climate change is better captured through collective action analysis than through harm principles that seek to connect individual actions to bad environmental outcomes. (shrink)

Does the receipt of benefits from some common resource create an obligation to contribute toward its maintenance? If so, what is the basis of this obligation? I consider whether individual contributions to climate change can be impugned as wrongful free riding upon the stability of the planet's climate system, when persons enjoy its benefits but refuse to bear their share of its maintenance costs. Two main arguments will be advanced: the first urges further modification of H.L.A. Hart’s “principle of fairness” (...) as the basis for demanding that would-be free riders pay their fair share in the context of climate change, while the second claims that remedial action on climate change is better captured through collective action analysis than through harm principles that seek to connect individual actions to bad environmental outcomes. (shrink)

Any complete theory of “what we owe to each other” must be able to adequately accommodate directed or bipolar obligations, that is, those obligations that are owed to a particular individual and in virtue of which another individual stands to be wronged. Bipolar obligations receive their moral importance from their intimate connection to a particular form of recognition respect that we owe to each other: respect of another as a source of valid claims to whom in particular we owe certain (...) treatment and, at the very least, an apology if we fail to accord that treatment. While some of the most prominent accounts of interpersonal morality fail to adequately accommodate bipolar obligations, I here investigate a recent proposal that explicitly seeks to improve on these accounts—Stephen Darwall’s second-personal theory of morality. Ultimately, I object to Darwall’s theory on the grounds that his second-personal theory normatively ties bipolar obligations too closely to non-directed moral obligations or those that we are under, period. The problem for Darwall’s account is that any obligations that at first appear to be bipolar and owed to someone in particular turn out to be instances of non-directed moral obligations period that have their normative source in the representative authority of the moral community. Adequately accommodating bipolar obligations requires taking seriously a novel second-personal approach, according to which we locate the normative sources of our interpersonal obligations in the claims and demands particular persons and deliberate from what I call the pairwise or bipolar standpoint. (shrink)

One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law's content—i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test—the “content-independence test”—which allows us to establish whether any candidate justification of the (...) obligation to obey the law delivers genuine content-independence. I apply this test to prominent such justifications and conclude that several of them, surprisingly, fail it. (shrink)

Journal of Political Philosophy, EarlyView.

Millions of people in our world are in need of assistance: from the global poor, to refugees, from the victims of natural disasters, to those of violent crimes. What are our responsibilities towards them? Christian Barry and Gerhard Øverland’s answer is plausible and straightforward: we have enforceable duties to assist others in need whenever we can do so ‘at relatively moderate cost to ourselves, and others’. Barry and Øverland defend this answer on the ground that it best fits our intuitions (...) in a variety of hypothetical rescue scenarios. I argue that, although Barry and Øverland’s view is intuitively appealing, appeal to intuitive cases is insufficient to vindicate it satisfactorily. Intuitive cases alone do not allow us to establish: (i) what costs count as moderate and (ii) whether assistance-based responsibilities are, in fact, enforceable. These considerations suggest that Barry and Øverland’s defence of their preferred answer to the assistance question may be incomplete. (shrink)

MARXISM AND LIBERALISM edited by Ellen Frankel Paul, Fred D. Miller, Jr., Jeffrey Paul and John Ahrens New York: Basil Blackwell, 1986. 223 pp., $14?95 (paper) LIBERALISM by John Gray Minneapolis: University of Minnesota Press, 1986. 106 pp., $9.95 (paper).

Journal of Political Philosophy, EarlyView.

The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...) promising basis for a claim right to obedience. William Edmundson argues that the principle of fair play cannot generate power rights, and so any attempt at a fair play account of legitimacy must fail. I explain how fair play could generate a power right, owing to its stipulation that the rules of a cooperative scheme specify the form of participants' repayment. (shrink)

In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people commonly (...) thought to be bound to follow the rules by a duty of fair play is implausible. (shrink)

The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...) of fair play that emphasizes its similarities to another transactional principle: consent. This interpretation reveals that playing fair requires one to reciprocate specifically by following the rules of the cooperative scheme from which one benefits, just as consent requires one to act according to the terms of an agreement. I then draw on the comparison with consent to reply to some popular and persistent objections to the principle. (shrink)

There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically (...) by submitting to the scheme's rules. (shrink)