This paper scrutinizes the tension between individuals’ rights and paternalism. I will argue that no normative account that includes rights of individuals can justify hard paternalism since the infringement of a right can only be justified with the right or interest of another person, which is never the case in hard paternalism. Justifications of hard paternalistic actions generally include a deviation from the very idea of having rights. The paper first introduces Tom Beauchamp as the most famous contemporary hard paternalist (...) by outlining his moral theory (principlism) and showing why it, as it stands, has to allow for hard paternalism. Secondly, the paper focuses on the notion of rights within principlism. I will employ traditional theories of rights to make sense of rights in principlism. Unfortunately, this attempt fails. In the third part, then, I claim that rights can only be limited with reference to the rights or interests of others. This structure is the very point of rights, it is their bite. I will argue for this claim and show its implications. The most important implication is that not only principlism, but every normative theory that includes rights of individuals, has to abolish hard paternalism. (shrink)

The article begins with a review of the structural differences between act consequentialist theories and human rights theories, as illustrated by Amartya Sen's paradox of the Paretian liberal and Robert Nozick's utilitarianism of rights. It discusses attempts to resolve those structural differences by moving to a second-order or indirect consequentialism, illustrated by J.S. Mill and Derek Parfit. It presents consequentialist (though not utilitarian) interpretations of the contractualist theories of Jürgen Habermas and the early John Rawls (Theory of Justice) and of (...) the capability theories of Sen and Martha Nussbaum. It also discusses two roles that well-being or a surrogate for well-being typically plays in theories of human rights: (a) well-being plays a role in the justification of at least some exceptions to human rights principles; and (b) some human rights seem to be best understood as rights to some level of well-being or expected well-being (or of a surrogate for one of them). It reviews two consequentialist challenges to the moral adequacy of non-consequentialist accounts of human rights, one based on a duty to relieve suffering and the other generated by Parfit's Non-Identity Problem, and concludes with a contrast between two ways of looking at the history of the development and implementation of human rights conventions and laws. Video abstract (click to view). (shrink)

Many historical studies tend to underline two central Kantian themes frequently emerging in Georges Canguilhem’s works: (1) a conception of activity, primarily stemming from the Critique of Pure Reason, as a mental and abstract synthesis of judgment; and (2) a notion of organism, inspired by the Critique of Judgment, as an integral totality of parts. Canguilhem was particularly faithful to the first theme from the 1920s to the first half of the 1930s, whereas the second theme became important in the (...) early 1940s. With this article, I will attempt to show that a third important theme of technique arose in the second half of the 30s also in the wake of Kant’s philosophy, especially Sect. 43 of the Critique of Judgment. This section, which states that technical ability is distinguished from a theoretical faculty, led Canguilhem to a more concrete and practical conception of activity. I will then suggest that it was by considering technique that the concept of normativity, which characterizes Georges Canguilhem’s philosophy of life, also took shape. (shrink)

Not all those who write philosophy are recognized as philosophers. In this paper I argue that Dutch writer Isabelle de Charrière, usually known as a novelist, is actually engaged in doing moral philosophy. In the second half of the eighteenth century, Charrière wrote novels about characters who endorsed moral theories and commitments. Her novels track the dilemmas that these characters face in trying to live according their moral theories and commitments. I consider the case for treating fiction as philosophically valuable, (...) and argue that Charrière's novels fall into the category of philosophically valuable fiction. (shrink)

Half of the working poor in developing countries are informal entrepreneurs – they make a living by engaging in commercial activities in the shadow economy. A series of government and market failur...

In his new book, Fred Schauer adopts a prototypical approach to the law in order to reestablish the importance of “The Force of Law”, and I strongly support his claim that there are interesting things to be said about the relationship between law and force. One aspect concerns the special kind of force to which the law is related. In the tradition of political philosophy, this kind of force has often been characterized with the state's monopoly on legitimate force. Whereas (...) the essay will support the idea that the law has a monopoly of force, it will challenge the idea that it is its legitimacy that makes it characteristic. It is a monopoly not so much on legitimate, but on ultimate force. The robustness of the force the law is—prototypically—related to, however, should not obscure the fact that the relation between law and force is quite delicate and precarious. Three strategies of the law to manage this fundamental precariousness are pointed out. (shrink)

In the United States the ascendancy of speech protection is due to an expansive and unjustified view of the value or primacy of free expression and access to information. This is perhaps understandable, given that privacy has been understood as a mere interest, whereas speech rights have been seen as more fundamental. I have argued elsewhere that the “mere interest” view of privacy is false. Privacy, properly defined, is a necessary condition for human well-being or flourishing. The opening section of (...) this article will provide an overview of this theory. Next, after a few remarks on speech absolutism, privacy absolutism, and balancing theories, I will sketch several of the dominant argument strands that have been offered in support of presumptively weighty speech rights. While these arguments, taken together, establish that free speech is important, they do not support the view that speech should nearly always trump privacy. In final section I will present and defend a way to balance free speech and privacy claims. (shrink)

The objective of this article is to investigate ethical aspects of technology through the moral term “paternalism”. The field of investigation is medicine. The reason for this is twofold. Firstly, “paternalism” has gained moral relevance through modern medicine, where physicians have been accused of behaving paternalistic and threatening patients’ autonomy. Secondly, medicine is a brilliant area to scrutinise the evaluative aspects of technology. It is argued that paternalism is a morally relevant term for the ethics of technology, but that its (...) traditional conception is not adequate to address the challenges of modern technology. A modification towards a “technological paternalism” is necessary. That is, “technological paternalism” is a fruitful term in the ethics of technology. Moreover, it is suited to point out the deficiencies of the traditional concept of paternalism and to reform and vitalise the conception of paternalism in ethics in order to handle the challenges of technology. (shrink)

The traditional exposition of Kantian ethical theory in the business ethics literature is abstract, esoteric, and impractical compared to the more usable presentations of utilitarianism. This situation can be improved by identifying and describing the conceptual dimensions of formalistic ethical reasoning, as contained in the interplay between case and principle, with examples from the business/society literature.

From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...) roots of such ideas in some fascinating and largely forgotten strands of the history of economics. It draws attention to the question of "responsibility" which neoclassicism has utterly lost sight of. It is startlingly fresh in its overall approach, and unusually well written in its presentation. ... It constitutes a better case for its economic democracy viewpoint than anything else in the literature." . (shrink)

This study aims to present that the most visible and drastic changes in the life of modern humans are caused by the ability human to be a person that is equal to be tolerant. From a historical point of view, the manifestation of tolerance towards people has always been problematic – for some it is in short supply, and for others it has been in surplus. In the first case, it has caused conflicts and wars to win it, in the (...) second, sanctions and repressions. The tolerance has been and is the subject of many analyzes, philosophical concepts, ethical schemes, and socio-political mechanisms that construct societies. This article is explored John Locke and Immanuel Kant’s position on the tolerance described in their scientific papers A Letter Concerning Toleration and Perpetual Peace. In the introduction is said that the tolerance has many dimensions. In its essence, it is always pluralistic, implied consent, freedom, continuity, understanding, equality, etc. It is a segment of achieving interpersonal, group, intergroup, inter-community and international relations. The first subtopic is about tolerance in historical contextual links. The second is about Locke and his Letter – Locke’s letter of the tolerance from 1689, which supports the idea of the need for religious tolerance, it is not only a recommendation, but also a condition for a peaceful and just cohabitation of citizens in a society – this is the century, when England sets up its own church, which strives to distinguish both from the Roman Catholic and the Protestant – creating a Protestant church – the Anglican church. Before Locke published a Letter of Tolerance, after his return to England in 1689, after his immigration to the Netherlands, he published two other fundamental works: Two Tracts on Government and An Essay Concerning Human Understanding. The third sub-topic is about Kant and his concept of the possible perpetual peace – the theory of “perpetual peace” was created by Kant at the end of the 18th century. According to him, as relations within a state can be regulated wisely in order to maintain internal peace, and relations between people from different countries could be wisely regulated in order to achieve external peace. Kant thinks that moral-practical reason obliges us to exclude wars, otherwise it would mean that we have to give up our mind and be equated with the animals. In the conclusion is noted the great contribution of ideas from the works of Locke and Kant is the basis of the American Constitution and the Declaration of Independence and how much tolerance we need today in a globalized world. (shrink)

This chapter examines a foundational democratic practice by considering how it expresses concepts of the Enlightenment. The practice is that of the vote or plebiscite as it appears in governance. The leading enlightenment concept is rationality as it is expounded by Kant. Kant did not participate in national democratic processes. He expected decisions of any consequence to be made in Berlin and thrived when his City was invaded by the Russians and their officers became his students, until they left suddenly (...) in 1762 (Kuehn, 2001, p.126). Kant participated in political debate where the issues were in the main constitutional and about the processes of government reform. He became known for his theory of natural law and the justification of positive law. He advocated the separation of powers, but denied the right of revolution. This latter onclusion was in apparent contradiction of his support for republicanism, including the French, English, and American revolutions (Beck, 1971, p.413). The term “republican” in Kant’s writings is sometimes interpreted to mean “parliamentary democracy”. This is probably a mistake, and Reiss suggests Kant’s term does not carry the “connotation” of modern Western democracy (Reiss's "Introduction" in Kant, 1991a, p.25). Kant himself wrote that he wanted to prevent “the republican constitution from being confused with the democratic one, as commonly happens” (Kant, 1991a, .100). So it is that, whilst Kant wrote about the interaction of morality and politics, he did not write on the topic of the present chapter which focuses on those mechanisms or mechanics that democracy displays when it works. (shrink)

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)