Proceedings of the 2023 International Conference of the Association for the Promotion of African Studies.

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

Argues that love plays an essential—if often implicit—role in Hegel's mature theory of moral subjectivity and political community.

Two ethical frameworks have dominated the discussion of organ donation for long: that of property rights and that of gift-giving. However, recent years have seen a drastic rise in the number of philosophical analyses of the meaning of giving and generosity, which has been mirrored in ethical debates on organ donation and in critical sociological, anthropological and ethnological work on the gift metaphor in this context. In order to capture the flourishing of this field, this article distinguishes between four frameworks (...) for thinking about bodily exchanges in medicine: those of property rights, heroic gift-giving, sacrifice, and gift-giving as aporia. These frameworks represent four different ways of making sense of donation of organs as well as tissue, gametes and blood, draw on different conceptions of the relations between the self and the other, and bring out different ethical issues as core ones. The article presents these frameworks, argues that all of them run into difficulties when trying to make sense of reciprocity and relational interdependence in donation, and shows how the three gift-giving frameworks (of heroism, sacrifice and aporia) hang together in a critical discussion about what is at stake in organ donation. It also presents and argues in favour of an alternative intercorporeal framework of giving-through-sharing that more thoroughly explicates the gift metaphor in the context of donation, and offers tools for making sense of relational dimensions of live and post mortem donations. (shrink)

The Trump Administration's recent attempts to repeal the Affordable Care Act have reignited long‐running debates surrounding the nature of justice in health care provision, the extent of our obligations to others, and the most effective ways of funding and delivering quality health care. In this article, I respond to arguments that individualist systems of health care provision deliver higher‐quality health care and promote liberty more effectively than the cooperative, solidaristic approaches that characterize health care provision in most wealthy countries apart (...) from the United States. I argue that these claims are mistaken and suggest one way of rejecting the implied criticisms of solidaristic practices in health care provision they represent. This defence of solidarity is phrased in terms of the advantages solidaristic approaches to health care provision have over individualist alternatives in promoting certain important personal liberties, and delivering high‐quality, affordable health care. (shrink)

The techniques that some large multinational corporations use to reduce their tax liability have come under increasing public scrutiny in recent years, alongside governmental investigations and international commitments aimed at curbing opportunities for tax avoidance. Although discussion of tax avoidance activities, and their regulatory responses, is often conducted with reference to moral concepts, philosophical analysis of the ethics of multinational tax avoidance remains limited. In particular, the virtue ethics tradition that emphasises the agent and the performance of specific roles has (...) not been considered in detail. This paper examines how the contemporary virtue ethics of Alasdair MacIntyre can be applied to the issue of multinational tax avoidance, and considers the role that accountants play in these activities. It argues, firstly, that MacIntyre’s approach provides a more useful philosophical analysis of the issue and, secondly, that the main parties involved are likely to agree with the main tenets of this approach. The paper also contributes by reconceptualising, using MacIntyre’s scheme, the issue of tax avoidance in relation to Donald Cressey’s ‘fraud triangle’. (shrink)

Although empathy is arguably an important factor to consider in moral education, the concept itself has consistently stood on tenuous ground. In this essay, I claim that our adherence to ontological dualism and discrete subjectivity have problematized our comprehension of empathy. I propose that our understanding is limited by our understanding of selfhood. If the self were defined as intersubjective, along the lines of Merleau-Ponty, then empathy’s ambiguities would dissipate. After reconceptualizing empathy in light of intersubjectivity, I call for pedagogical (...) relations that are aligned with developmental research, which provides further support for adhering to an alternative conception of the phenomenon. (shrink)

The new millennium has witnessed a growing concern over the impact of multinational enterprises (MNEs) on human rights. Hence, this article explores (1) how wide-spread corporate policies on human rights are amongst large corporations, specifically the FTSE 100 constituent firms, (2) whether any sectors are particularly active in designing human rights policies and (3) where corporations have adopted such policies what their content is. In terms of adoption rates of human rights policies, evidence of exemplary approaches in individual companies contrasts (...) with a less satisfactory engagement pattern across the sample, as 42.8% of firms do not seem to address human rights at all. With regard to the content of corporate human rights policies, the study found shallow commitments to dominate, where companies focus on a narrow range of negative rights, i.e. on respecting human rights, rather than positive ones, i.e. initiatives to protect or fulfil human rights. (shrink)

The purpose of this article is to argue in favor of a private employer’s right to discriminate amongst job applicants on any basis he chooses, and this certainly includes unlawful characteristics such as race, sex, national origin, sexual preference, religion, etc. John Locke and many after him have argued that people have natural rights to life, liberty, and property or the pursuit of happiness. In this view, law should be confined to protecting these rights and be limited to prohibiting other (...) people from transgressing those rights. The law should not hinder an employer’s ability to discriminate, any more than it should compel people to marry against their wishes. These laws generally emerge from a moral perspective that people think should be imposed on everyone else. But those who don’t welcome those morals are in effect being coerced to abide by them against their will; this is unethical. Finally, it will be argued that the free market has mechanisms by which discrimination will, be rendered powerless to harm its victims. (shrink)

Increased and active involvement of multinational corporations in the promotion of social welfare, in developing countries in particular, through the facilitation of partnerships and cooperation with public and nonprofit sectors, challenges the existing framework of our social and political institutions, the boundaries of nation-states, the distinction between the private and public spheres of our lives, and thus our freedom. The blurring of certain distinctions, which ought to be observed between the political and the economic is most manifest in the gradual (...) saturation of the field of business ethics with rights-based arguments and analyses. In this article, I first argue against endorsing positive rights as having the same status as negative rights, and then try to demonstrate that, with the transportation of 'rights talk' into business ethics, the dangers of conflating positive and negative rights are superimposed on the dangers of conflating the private and the political. I conclude by presenting my own stance on the debate on what our basic institutionally sanctioned rights should be, and what the corresponding duties of multinational corporations really are. (shrink)

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

In (Re)Defining Racism, Alberto Urquidez argues that conflicting philosophical accounts over the definition of racism are at bottom linguistic confusions that would benefit from a Wittgensteinian-inspired approach. In this essay, I argue that such an approach would be helpful in disputes over the definition of metaphysically contested concepts, such as “race,” or semantically contested concepts, such as “racialization.” I disagree, however, that such insights would prove helpful or do very little for disputes concerning normatively contested concepts, such as “racism.”.

Bioethicists working on national ethics commissions frequently think of themselves as advisors to the government, but distance themselves from any claims to actual authority. Governments however may find it beneficial to appear to defer to the authority of these commissions when designing laws and policies, and might appoint such commissions for exactly this reason. Where does the authority for setting laws and policies come from? This question is best answered from within a normative political philosophy. This paper explains the locus (...) of moral authority as understood within one family of normative political theories—liberal political theories—and argues that most major “liberal” commentators have understood both the source and scope of ethics commissions’ authority in a manner at odds with liberalism, rightly interpreted. The author argues that reexamining the implications of liberalism for bioethics commissions would mean changing what are considered valid criticisms of such commissions and also changing the content of national bioethics commission mandates. The author concludes that bioethicists who participate in such commissions ought to carefully examine their own views about the normative limits of governmental authority because such limits have important implications for the contribution that bioethicists can legitimately make to government commissions. (shrink)

Work is an integral part of modern society. However, the question of the normative conditions that distinguish just from unjust work has been under-investigated in political theory. This article, b...

Although seventeenth‐century societies fell far short of contemporary standards of justice, early modern philosophers thought deeply about what social justice consists in. At a theoretical level, they aimed to articulate distributive principles. At a practical level, they asked what qualities we need to possess in order to make just judgments. In the first part of this article, I discuss two interpretations of the conception of equity on which justice was held to rest. On either interpretation, I suggest, treating people equitably (...) was held to be compatible with treating them in ways that we would consider radically unjust. This raises the practical question: What qualities was an equitable or just judge thought to need? The middle section of the article sketches a reply, drawing on a genre of early modern works about how to reason. As this section reveals, early modern thinkers were alive to the many ways in which we can fall short of justice and possessed many techniques for self‐improvement. Greater justice was not beyond the bounds of their imaginations; so, what prevented them from defending it? In the final section of the article, I propose a partial answer, as relevant to us as to our early modern forebears. (shrink)

Susan Moller Okin's critique of libertarianism in Justice, Gender, and the Family has received only slight attention in the libertarian literature. I find this neglect of Okin's argument surprising: The argument is straightforward and, if sound, it establishes a devastating conflict between the core libertarian notions of self-ownership and the acquisition of property through labour. In this paper, I first present a reconstruction of Okin's argument. In brief, she points out that mothers make children through their labour; thus it would (...) seem that mothers own their children; but this implies that the children are not self-owners. I then examine the two most common objections to this argument in the literature: mothers do not make children, and acquisition by labour includes an exception for persons. I give several replies to each objection, including an extension of Okin's argument that I call Okin's dilemma. This dilemma argues that the libertarian can avoid Okin's conclusion only by requiring an.. (shrink)

Property regimes are based on fundamental values of the society or group that designs and reproduces them. This paper analyses the ethical underpinnings of Progressive Commons in comparison to the...

This conceptual article has three parts: In the first, I discuss the shortcomings of treating the environment as a stakeholder and conclude that doing so is theoretically vague and lacks prescriptive force. In the second part, I recommend moving from broad notions of preserving nature and appeals to beauty to a more concrete analytic framework provided by the idea of human sustainability. Using sustainability as the focus of concern is significant as it provides us with a more tenable and quantifiable (...) standard for action, as in the case of carbon offsets and development of measures such as the United Nations Sustainability Indicators. In the final section, I draw on notions of stewardship to suggest that stakeholder management has a positive responsibility to promote sustainability. (shrink)

As a contribution to the continuing debate about tax practitioner ethics, this paper explores the main streams of Western ethical thought that are relevant to tax practitioners’ work, most typically deontology and consequentialism. It then goes on to consider the impact of such ethical influences on the professional ethical codes of conduct that govern tax practitioners’ work, and attempts to unravel the complex work and ethical environment of the practice of tax in terms of tax compliance and tax avoidance. The (...) paper then examines the prior studies on tax practitioners and ethics and the type of dilemmas that practitioners face in the context of their work. The paper proceeds to examine empirically the extent to which tax practitioners take a consequentialist versus a deontological approach in their reasoning about moral dilemmas. This is carried out by an innovative use of the Defining Issues Test. (shrink)

This article elucidates the spatial order that underpins the politics of the Anthropocene – the ecological nomos of the earth – and criticizes its imperial origins and legacies. It provides a critical reading of Carl Schmitt’s spatial thought to not only illuminate the spatio-political ontology but also the violence and usurpations that characterize the Anthropocene condition. The article first shows how with the emergence of the ecological nomos seemingly ‘natural’ spaces like the biosphere and the atmosphere became politically charged. This (...) challenges the modernist separation between natural facts and political norms. It then underlines the imperial origins of this nomos by introducing the concept of air-appropriation understood as the colonization of atmospheric space by CO2 emissions. Instead of assuming that the ecological nomos represents a transition from a colonial to an ecological and cosmopolitan world order, focusing on air-appropriation highlights forms of ecological imperialism that go along with the new nomos. Accordingly, the article calls for a just redistribution of ecospace that takes into account the imperial legacies and ongoing effects of air-appropriation. (shrink)

There has been a recent revival of interest in the medieval just war theory. But what is the virtue of justice needed to make war just? War is a complex and protracted activity. It is argued that a variety of virtues of justice, as well as a variety of virtues are required to guide the application of the use of force. Although it is mistaken to regard war as punishment, punitive justice—bringing to account those guilty of initiating an unjust war (...) or of war crimes in its conduct— has an important role to play after conflict to restore the wrongs of war and help establish a just peace. Justice as fairness is needed to guide the distribution of resources and so reduce the grounds for war. Protective justice—protecting a community or innocents from harmful attack—helps define what constitutes a just cause for war and so constrains the occasions for war. The just principles set out the criteria to be met if war is to be morally permissible. In practice, this challenging demand requires that political leaders and military at all levels learn and exercise the virtues, particularly the cardinal virtues of justice, courage, self-control and practical wisdom. If we are to make war just and to make only just war, we need justice understood in its broadest sense. Such justice, as Aristotle noted, “is not a part but the whole of virtue.”. (shrink)

I argue against various versions of the ‘attitude’ view of consent and of the ‘action’ view of consent: I show that neither an attitude nor an action is either necessary or sufficient for consent. I then put forward a different view of consent based on the idea that, given a legitimate epistemic context, absence of dissent is sufficient for consent: what is crucial is having access to dissent. In the latter part of the paper I illustrate my view of consent (...) by applying it to the case of consenting to being an organ donor. (shrink)

Teleological thinking about money reasons from what money is for to both how it ought to be used and what forms it should take. One type, found in Aristotle’s argument against usury, takes teleological considerations alone to decisively settle normative questions. Another type, found in Locke’s argument about monetary durability, takes teleological considerations to contribute to the settling of normative questions, but sees them as one consideration among many. This paper endorses the type made by Locke while rejecting the type (...) made by Aristotle, and identifies further teleological tendencies in the work of Adam Smith and other philosophers. (shrink)

Liberal approaches to multiculturalism and cultural nationalism have met with severe criticism in recent years. This article makes the case for an alternative, Aristotelian approach developed in the work of the ‘founding father’ of culture, J. G. Herder. According to Herder, culture is worthy of political recognition because it contributes to the realization of our common but contradictory human telos. Only a plurality of cultures, each realizing a unique balance of our contradictory needs, can bring wholeness to our common nature. (...) In conclusion, I argue for the merits of this Aristotelian approach in resolving some recurring problems of multiculturalism. (shrink)

Among the tasks of modern political philosophy is to develop a favored conception of the relations among modern citizens, among people who can know little or nothing of one another individually and yet are deeply reciprocally dependent. One might think of this as developing a favored conception of civic friendship. In this essay I sketch two candidate conceptions. The first derives from the Kantian tradition, the second from the 1844 Marx. I present the two conceptions and then describe similarities and (...) differences. My approach is both taxonomic and programmatic. My taxonomic goal is to provide an initial sketch of the conceptual territory. My programmatic goal is to provide reasons to think that the conception derived from Marx is both appealing and feasible. (shrink)

In this paper, I argue for two claims. The first is that all social and political thinking lies along a continuum and that the structure of each thought along the continuum is that of a basic desire for self-determination. Self-determination, I argued, occurs in a variety of ways including, importantly, at a variety of levels of intention. On the one hand, there are the relatively unreflective ways of understanding oneself as autonomous. I attributed this way of thinking of the Neo-Aristotelian (...) conception of practical reason which is characteristic of conservatism. On the other side of the continuum, there is a rigoristic version of Kantian moral philosophy in which, to be autonomous, one must act exclusively from duty or from purely economic motivation. The second claims is that populism can be understood as a clash between different practical conceptions of autonomy which are brought into conflict as a result of the process of modern rationalization. This clash can, I argued, be clarified and also alleviated by appreciating that what the values which stand opposed in the “us vs. them” of populism and liberalism are based on a fundamentally similar conception of the value of autonomy but have come into conflict by sometime contingent historical processes which can be undone or steered in a different direction. (shrink)

Seventeenth-century natural-law philosophers participated in colonizing and slave-trading companies, yet they discussed slavery as an abstraction. This dispassionate approach is commonly explained with the “distance thesis” that the practice of slavery was at some remove from Northwest Europe. I contest the thesis, with a specific focus on pre-Restoration English discourse and Hobbes's political theory. By laying out the salient context — English experience of Barbary-coast slavery and an inherited neo-Roman intellectual frame — I argue, first, that slavery was hardly a (...) distant phenomenon and, second, that Hobbes's discussion of slavery expressed ideas familiar in ordinary discourse. The conclusion contrasts the English neo-Roman outlook with Spanish neo-Aristotelianism. (shrink)

Human capital, the knowledge, skills, and abilities of employees, can be a powerful driver of firm performance, yet the mobility of human capital raises questions over how to protect it. Employee non-compete agreements, which limit an employee’s ability to start or join a rival firm, have received recent attention. While past research considers whether non-competes are effective tools at limiting employee mobility, few have considered if non-competes should be used. Filling this gap, I propose a normative schema for when employee (...) non-competes can be considered ethical. A review of the limited existing literature on the ethics of employee non-competes finds that prior research has mostly focused on questions of property rights, which I propose as being nested within other ethical constructs. Analysis of two real-world illustrative examples of employee non-competes leads to a three-prong approach to evaluating non-competes based on ethical dimensions of power, autonomy, and fairness. I end by proposing—although further research is warranted—a measure of employee-level absorptive capacity, which is closely coupled with an employee’s pre-employment human capital, as an employee-level attribute independent of, although likely coincidental with, the tripartite requirements of power/autonomy/fairness for ethical employee non-compete agreements. (shrink)