People give surprising weight to others’ expectations about their behaviour. I argue the practice of conforming to others’ expectations is ethically well-grounded. A special class of ‘reasonable expectations’ can create prima facie obligations even in cases where the expectations arise from contingent pre-existing practices, and the duty-bearer has not created them, or directly benefited from them. The obligation arises because of the substantial goods that follow from such conformity—goods capable of being endorsed from many different ethical perspectives and implicating key (...) moral factors such as consent, fairness, respect, autonomy, and reciprocity. Given the innumerable situations where such expectations can arise, their ethical significance is critical both practically and philosophically. (shrink)

Contemporary argumentation theory has developed an impressive array of norms, goals and virtues applicable to ideal argument. But what is the moral status of these prescriptions? Is an interlocutor who fails to live up to these norms guilty of a moral failing as well as an epistemic or cognitive error? If so, why? In answering these questions, I argue that deliberation’s epistemic and cognitive goods attach to important ethical goods, and that respect for others’ rationality, the ethics of joint action, (...) and the importance of consensus join forces with these goods to provide strong reasons for cleaving to high standards of argument. I sketch an illustrative continuum of argument practices of different deliberative-cum-ethical standards, and consider how one should ethically respond when faced with an interlocutor employing less than ideal standards. (shrink)

Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...) identity, excellence and independence, faith and spirituality, narrative and beauty, and more besides. I term this twin phenomenon—a core of fixed moral duties driven by diverse motives—“moral motive pluralism.” In this article, I marshal evidence to show the prevalence of the phenomenon. Contrary to widespread assumptions, across generations and cultures, diverse motives drive different people to perform their moral duties. But despite this diversity, each different motive impels conscientious compliance with the same core moral duties. I argue this phenomenon undermines key types of evidence commonly employed to justify popular moral philosophies, and provides us with reason to seriously consider certain sorts of ethical theories—especially “functionalist” accounts of morality. (shrink)

Perfectionism, the view that well-being is a matter of developing characteristically human capacities, has relatively few defenders in the literature, but plenty of critics. This paper defends perfectionism against some recent formulations of classic objections, namely, the objection that perfectionism ignores the relevance of pleasure or preference for well-being, and a sophisticated version of the ‘wrong properties’ objection, according to which the intuitive plausibility of the perfectionist ideal is threatened by an absence of theoretical pressure to accept putative wrong properties (...) cases. The paper argues these objections are unsuccessful, but introduce a new worry, the Deep Problem: Perfectionism fails to offer a satisfying foundational justification for why developing the human essence is valuable. The paper responds to the deep problem, ultimately arguing that it is a puzzle put to all theories of well-being to provide a justification for their normative significance. (shrink)

ABSTRACTBy means of critical reflection on the current situation of Chinese philosophy, this article aims to clarify two different approaches to philosophy. One is for scholars to focus on original texts and thought tradition, concerned with interpretation and inheritance; even in this way, scholars can achieve theoretical innovation through creative interpretation. The other is for researchers to face up questions from academics and from reality, and mainly to do theoretical creation in philosophy on a profound theoretical background, strictly following academic (...) norms and standards. For contemporary Chinese philosophy, the two approaches are indispensable, but the serious problem is that the first approach absolutely is dominant, but the second is too weak. The correct choice of Chinese philosophy should be to let hundreds of flower bloom, to let different approaches compete with each other, and to cooperatively establish the prosperity of contemporary Chinese philosophy. (shrink)

Many people feel that respecting a person’s autonomy is not sufficiently important to obligate us to stay out of their affairs in all cases; but the ground for interference may often turn out to be a hunch that the agent cannot really be competent, or cannot really know what her decision implies; for if she were both of these things, surely she would not make such a foolish decision. This paper suggests a justification of paternalism that does not rely on (...) such appeals. I argue that in cases where an agent will undergo a significant alteration in their evaluative outlook – ‘evaluative shift’ – three central, persuasive objections to paternalism lose their force, and offer a prima facie case for paternalism in some of these cases. I then suggest that we can extend this argument to some cases where evaluative alteration is not predictable, but where the risk and harm are both significant. In such cases, paternalism may be justified. (shrink)

In this open access book, Timothy Aylsworth and Clinton Castro draw on the deep well of Kantian ethics to argue that we have moral duties, both to ourselves and to others, to protect our autonomy from the threat posed by the problematic use of technology. The problematic use of technologies like smartphones threatens our autonomy in a variety of ways, and critics have only begun to appreciate the vast scope of this problem. In the last decade, we have seen a (...) flurry of books making “self-help” arguments about how we could live happier, more fulfilling lives if we were less addicted to our phones. But none of these authors see this issue as one involving a moral duty to protect our autonomy. (shrink)

ABSTRACTIn this paper, I intend to reconstruct the main points of Taylor’s politics of recognition, starting from the debate about negative and positive liberties. Then, I will focus on the role of the ideal of authenticity in this conception of freedom, as well as on the dialogical conception of the self. Furthermore, I will develop the political consequences of these ideas. In addition to examining McBride's argument about the oppressive character of recognition, I will also address Fraser's objection concerning the (...) sectarian character of Taylor's theory. Furthermore, I also consider Ikäheimo's criticisms in respect to the problem of integration between the horizontal and vertical forms of recognition, the issue of affirmative action, and the idea of a passive subjectivity. Finally, I will centre on Axel Honneth's criticisms to Taylor's idea of recognition in terms of its lack of clarity. (shrink)

Examines the political significance of ideas about happiness through the work of utilitarian philosophers William Thompson and Jeremy Bentham. Happiness is political. The way we think about happiness affects what we do, how we relate to other people and the world around us, our moral principles, and even our ideas about how society should be organized. Utilitarianism, a political theory based on hedonistic and individualistic ideas of happiness, has been dominated for more than two-hundred years by its founder, Jeremy Bentham. (...) In Happiness, Democracy, and the Cooperative Movement, Mark J. Kaswan examines the work of William Thompson, a friend of Bentham’s who nonetheless offers a very different utilitarian philosophy and political theory based on a different conception of happiness, but whose work has been largely overlooked. Kaswan reveals the importance of our ideas about happiness for our understanding of the basic principles and nature of democracy, its role in society and its character as a social institution. In what is the closest examination of Thompson’s political theory to date, Kaswan moves from philosophy to theory to practice, starting with conceptions of happiness before moving to theories of utility, then to democratic theory, and finally to practice in the first detailed account of how Thompson’s ideas laid the foundations for the cooperative movement, which is now the world’s largest democratic social movement. Mark J. Kaswan is Assistant Professor of Government at the University of Texas at Brownsville and J. Robert Beyster and Michael W. Huber Fellow, Rutgers University School of Management and Labor Relations. (shrink)

Epistemic Courage is a timely and thought-provoking exploration of the ethics of belief, which shows why epistemology is no mere academic abstraction - the question of what to believe couldn't be more urgent. Jonathan Ichikawa argues that a skeptical, negative bias about belief is connected to a conservative bias that reinforces the status quo.

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal liability (...) for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

ABSTRACT This article examines the prominent Japanese postwar thinker Maruyama Masao’s critical engagement with his contemporary German legal theorist Carl Schmitt. Maruyama engaged with Schmitt’s decisionistic notion of “the political” and sovereignty since he found it useful in addressing the pathological elements of Japanese political culture, namely, the widespread political passivity and fatalistic ethos of the Japanese public. In his view, such a “decision-avoiding” political culture, which had contributed to the rise of fascism in interwar and wartime Japan, posed a (...) fundamental threat to the viability of Japan’s postwar democracy. Although Maruyama objected to Schmitt’s authoritarian theory of political leadership, he nevertheless believed Schmitt provided important insights into the key concepts of modern politics, such as political agency and the constituent power of the people. In his efforts to foster political subjectivity and liberal individuality in postwar Japan, Maruyama attempted to strike a balance between two extremes: Schmittian normless decisionism, on the one hand, and a politically naïve liberal constitutionalism, on the other. I conclude by suggesting that the hitherto overlooked intellectual affinity between Maruyama and one of the leading Weimar-era constitutional theorists—Hermann Heller—can enrich our understanding of Maruyama’s unceasing effort to formulate and insist on the imperative role of political subjectivity and liberal individuality in consolidating liberal democracy in postwar Japan. (shrink)

ABSTRACT This article examines the prominent Japanese postwar thinker Maruyama Masao’s critical engagement with his contemporary German legal theorist Carl Schmitt. Maruyama engaged with Schmitt’s decisionistic notion of “the political” and sovereignty since he found it useful in addressing the pathological elements of Japanese political culture, namely, the widespread political passivity and fatalistic ethos of the Japanese public. In his view, such a “decision-avoiding” political culture, which had contributed to the rise of fascism in interwar and wartime Japan, posed a (...) fundamental threat to the viability of Japan’s postwar democracy. Although Maruyama objected to Schmitt’s authoritarian theory of political leadership, he nevertheless believed Schmitt provided important insights into the key concepts of modern politics, such as political agency and the constituent power of the people. In his efforts to foster political subjectivity and liberal individuality in postwar Japan, Maruyama attempted to strike a balance between two extremes: Schmittian normless decisionism, on the one hand, and a politically naïve liberal constitutionalism, on the other. I conclude by suggesting that the hitherto overlooked intellectual affinity between Maruyama and one of the leading Weimar-era constitutional theorists—Hermann Heller—can enrich our understanding of Maruyama’s unceasing effort to formulate and insist on the imperative role of political subjectivity and liberal individuality in consolidating liberal democracy in postwar Japan. (shrink)

In this paper, I develop an epistemological argument for freedom from poverty, building on Gerald Gaus’ work on political and moral disagreement in New Diversity Theory (NDT). NDT argues that diversity and disagreement are fundamental to political and moral learning. In this paper, I address Gaus’ central arguments in NDT, and focus on what I argue to be the key epistemological distinction of his account—namely, the argument that the relevant diversity, which is conducive to political and moral learning and should (...) therefore be protected by an institutional order, should not be defended or defined by reference to its performance with regards to discovery of true beliefs, but by reference to the independent epistemic value of protection of disagreeing, redundant and distant investigators. I develop a restatement of this argument from the perspective of institutional epistemology, and show that (along with constitutional liberties, polycentric self-governance and markets) freedom from poverty must be considered an institutional “device” conducive to such a conception of diversity. While Gaus rejects redistributive policies at the level of an institutional order, it is precisely his account of the epistemic powers of diversity and disagreement which provides the strongest defense of minimal redistribution. (shrink)

The tension between individual freedom and the public interest has been at the center of environmental debates since Garrett Hardin’s article on the tragedy of the commons. Debates over bottled wat...

There has been considerable recent discussion of the social effects of “liberalism,” which are said to include a growth in out-of-wedlock childbirth, repudiation of traditions, a rise in populism, increased reliance on technocracy, inequality, environmental degradation, sexual promiscuity, deterioration of civic associations, a diminution of civic virtue, political correctness on university campuses, and a general sense of alienation. There is good reason for skepticism about these claims. Liberalism is not a person, and it is not an agent in history. Claims (...) about the supposedly adverse social effects of liberalism are best taken not as causal claims at all, but as normative objections that should be defended on their merits. These propositions are elaborated with reference to three subordinate propositions: liberalism, as such, does not lack the resources to defend traditions; liberalism, as such, hardly rejects the idea of “constraint,” though the domains in which liberals accept constraints differ from those of antiliberals, and vary over time; liberalism, as such, does not dishonor the idea of “honor.” There is a general point here about the difficulty of demonstrating, and the potential recklessness of claiming, that one or another “ism” is causally associated with concrete social developments. (shrink)

At the centre of Adorno’s critical theory of society lies the problem of Bann or Bannkreis: why do individuals systematically act in ways that reinforce conditions that are obviously incompatible with their freedom and pursuit of happiness? Despite criticism of Dewey’s experimentalism by several Frankfurt School critical theorists claiming that the American pragmatist fails to account for systematic blockages to critique, Dewey does in fact formulate his approach to social critique as a response to the problem that social life might (...) be made immune to transformative claims. In Human Nature and Conduct, thirty years prior to Adorno’s Bannkreis, he conceptualizes a ‘vicious circle’ in which attempts to transform social life seem to be caught and points to a way out. This article shows that Adorno and Dewey share in a project at the heart of critical theory, the project of a disclosing critique of society. In different and mutually completing ways, the Frankfurt School critical theorist and the American pragmatist point out the extent to which their contemporary societies are caught in antagonistic and painful vicious circles and thereby point to the objective possibility of another form of social life. The article is historical, but it is animated by the intent to brush a fruitful path for disclosing critique today. From Adorno, this critical practice gains the idea that theory of society can be a disclosing gesture, which presents an important corrective to Dewey’s failure to trace the eclipse of the public. From Dewey, it gets a reminder that these theories must find ways to continue into ordinary life experience through group action for their disclosure to come full circle. (shrink)

At the centre of Adorno’s critical theory of society lies the problem of Bann or Bannkreis: why do individuals systematically act in ways that reinforce conditions that are obviously incompatible with their freedom and pursuit of happiness? Despite criticism of Dewey’s experimentalism by several Frankfurt School critical theorists claiming that the American pragmatist fails to account for systematic blockages to critique, Dewey does in fact formulate his approach to social critique as a response to the problem that social life might (...) be made immune to transformative claims. In Human Nature and Conduct, thirty years prior to Adorno’s Bannkreis, he conceptualizes a ‘vicious circle’ in which attempts to transform social life seem to be caught and points to a way out. This article shows that Adorno and Dewey share in a project at the heart of critical theory, the project of a disclosing critique of society. In different and mutually completing ways, the Frankfurt School critical theorist and the American pragmatist point out the extent to which their contemporary societies are caught in antagonistic and painful vicious circles and thereby point to the objective possibility of another form of social life. The article is historical, but it is animated by the intent to brush a fruitful path for disclosing critique today. From Adorno, this critical practice gains the idea that theory of society can be a disclosing gesture, which presents an important corrective to Dewey’s failure to trace the eclipse of the public. From Dewey, it gets a reminder that these theories must find ways to continue into ordinary life experience through group action for their disclosure to come full circle. (shrink)

Do philosophy professors specializing in ethics behave, on average, any morally better than do other professors? If not, do they at least behave more consistently with their expressed values? These questions have never been systematically studied. We examine the self-reported moral attitudes and moral behavior of 198 ethics professors, 208 non-ethicist philosophers, and 167 professors in departments other than philosophy on eight moral issues: academic society membership, voting, staying in touch with one's mother, vegetarianism, organ and blood donation, responsiveness to (...) student emails, charitable giving, and honesty in responding to survey questionnaires. On some issues, we also had direct behavioral measures that we could compare with the self-reports. Ethicists expressed somewhat more stringent normative attitudes on some issues, such as vegetarianism and charitable donation. However, on no issue did ethicists show unequivocally better behavior than the two comparison groups. Our findings on attitude-behavior consistency were mixed: ethicists showed the strongest relationship between behavior and expressed moral attitude regarding voting but the weakest regarding charitable donation. We discuss implications for several models of the relationship between philosophical reflection and real-world moral behavior. (shrink)

We examine the self-reported moral attitudes and moral behavior of 198 ethics professors, 208 non-ethicist philosophers, and 167 professors in departments other than philosophy on eight moral issues: academic society membership, voting, staying in touch with one's mother, vegetarianism, organ and blood donation, responsiveness to student emails, charitable giving, and honesty in responding to survey questionnaires. On some issues we also had direct behavioral measures that we could compare with self-report. Ethicists expressed somewhat more stringent normative attitudes on some issues, (...) such as vegetarianism and charitable donation. However, on no issue did ethicists show significantly better behavior than the two comparison groups. Our findings on attitude-behavior consistency were mixed: Ethicists showed the strongest relationship between behavior and expressed moral attitude regarding voting but the weakest regarding charitable donation. (shrink)

If explicit cognition about morality promotes moral behavior then one might expect ethics professors to behave particularly well. However, professional ethicists' behavior has never been empirically studied. The present research examined the rates at which ethics books are missing from leading academic libraries, compared to other philosophy books similar in age and popularity. Study 1 found that relatively obscure, contemporary ethics books of the sort likely to be borrowed mainly by professors and advanced students of philosophy were actually about 50% (...) more likely to be missing than non-ethics books. Study 2 found that classic (pre-1900) ethics books were about twice as likely to be missing. (shrink)

Do professional ethicists behave any morally better than other professors do? Do they show any greater consistency between their normative attitudes and their behavior? In response to a survey question, a large majority of professors (83 percent of ethicists, 83 percent of nonethicist philosophers, and 85 percent of nonphilosophers) expressed the view that “not consistently responding to student e-mails” is morally bad. A similarly large majority of professors claimed to respond to at least 95 percent of student e-mails. These professors, (...) and others, were sent three e-mails designed to look like queries from students. Ethicists’ e-mail response rates were not significantly different from the other two groups’. Expressed normative view correlated with self-estimated rate of e-mail responsiveness, especially among the ethicists. Empirically measured e-mail responsiveness, however, was at best weakly correlated with self-estimated e-mail responsiveness; and professors’ expressed normative attitude was not significantly correlated with empirically measured e-mail responsiveness for any of the three groups. (shrink)

Building and expanding on Peter Sloterdijk’s work, in this essay I explore the interrelation between anthropotechnics qua practice of the self and the political sphere, with a view, in particular,...

This essay attempts to interrogate the distinct character of Peter Sloterdijk’s declaration of the absolute imperative that concludes his work, You Must Change Your Life, by contextualizing it within the development of his notion of anthropotechnics. In particular, the essays examine the claim that his is a new and unprecedented form of the absolute imperative that is alone able to address, in an effective way, the contemporary global crises that are confronting us now. The first sections trace out the ways (...) in which this new imperative differs from previous forms of the imperative, including the categorical, the aesthetic, and the existential-ontological. The latter sections then discuss how the new form of the imperative is connected to Sloterdijk’s radical attempt at a rethinking of the essence of the human as always already technological, which is the very project of anthropotechnics. This leads finally to a discussion of Sloterdijk’s polemical engagement with Heidegger’s question concerning technology, in which I trace out his attempt at a sweeping translation of Heidegger’s notion of enframing [Gestell] into enhousing [Gehäuse] and the consequences thereof. (shrink)

This essay attempts to interrogate the distinct character of Peter Sloterdijk’s declaration of the absolute imperative that concludes his work, You Must Change Your Life, by contextualizing it within the development of his notion of anthropotechnics. In particular, the essays examine the claim that his is a new and unprecedented form of the absolute imperative that is alone able to address, in an effective way, the contemporary global crises that are confronting us now. The first sections trace out the ways (...) in which this new imperative differs from previous forms of the imperative, including the categorical, the aesthetic, and the existential-ontological. The latter sections then discuss how the new form of the imperative is connected to Sloterdijk’s radical attempt at a rethinking of the essence of the human as always already technological, which is the very project of anthropotechnics. This leads finally to a discussion of Sloterdijk’s polemical engagement with Heidegger’s question concerning technology, in which I trace out his attempt at a sweeping translation of Heidegger’s notion of enframing [Gestell] into enhousing [Gehäuse] and the consequences thereof. (shrink)

Theorists from John Stuart Mill to Robert Nozick have argued that citizens can gain insight into the demands of justice by experimenting with diverse forms of political life. I consider the rationa...

ABSTRACTIn this paper, I compare the idea of ‘substitution’, central to the later work of Emmanuel Levinas, to the idea of jinen hōni, or ‘natural acts’, proposed by Shinran Shōnin. For Levinas, ‘substitution’ meant the acceptance of responsibility for the suffering of the Other that one hasn’t caused, giving oneself up to ‘persecution’ and ‘accusation’ of the Other in absolute passivity. For Shinran, a similar passivity is implied by the unability of the ‘I’ to act in order to liberate itself (...) from its conditioned existence, a result which can be achieved by giving up one’s own agency in favour of the Other. For both thinkers, ethical selfhood is thus attainable only by forsaking of one’s worldly ego, described in remarkably similar terms, even though their understanding of alterity itself is radically different. (shrink)

It is widely accepted that children enjoy some form of a right to bodily integrity. However, there is little agreement about the precise nature and scope of this right. This paper offers a conceptual analysis of the child's right to bodily integrity, in order to further elucidate the relationship between the child's right to bodily integrity and considerations of autonomy. Following a discussion of Leif Wenar's work on the structure and justification of rights, I first explain how the adult's right (...) to bodily integrity can be distilled into separate elements that may plausibly be justified by different moral considerations. In particular, I claim that this analysis suggests that whilst the adult's right to bodily integrity is not wholly reducible to bodily autonomy, autonomy nonetheless remains entwined with our understanding of this right in a number of ways. On the basis of this discussion, I go on to outline three important complexities that arise when we consider the child's right to bodily integrity, before particularly focusing on the question of how third parties should determine whether or not to perform a physical interference upon a child who lacks decision-making capacity. Here, I raise some objections to Earp and Mazor's recent attempts to answer this question, before briefly defending an ‘autonomy-based interests’ account of permissible interference, an account that shares in what I take to be the spirit, if not the precise letter, of these earlier views. (shrink)

This paper analyses the intertwinement of legal philosophy and political theory in the British intellectual framework between the late 19th and early 20th centuries, with specific regard to Harold Laski's works. I will try to illustrate the transition from 19th-century utilitarianism to H. L. A. Hart and Isaiah Berlin as evolving through important debates which include Laski's contribution. I will argue that a discussion of “juridical” obligation, i.e., the conditions of legal validity, may lie implicitly in these concerns that Laski (...) and other early 20th-century British authors had about “political” obligation—viz., about the nature of the state and its claim to obedience. By approaching Laski's theories and their genealogy through a legal-philosophical perspective, I will contend that this debate about political obligation anticipates to a considerable extent some of the most renowned conceptions of obligation in 20th-century British legal theory. (shrink)

Este trabajo se centra en la relación entre la tolerancia y su subyacente concepción de la subjetividad. Se intentará mostrar cómo cabe hablar de dos concepciones de la tolerancia, “pasiva” y “activa”, derivadas de dos concepciones de la subjetividad en las que el encuentro con el otro se integra de maneras antitéticas. La obra de Lessing servirá para ilustrar una concepción del sujeto y, con éste, de la tolerancia, alternativa a la hegemónica concepción ilustrada de otros autores.

As a leading measure of journal quality, acceptance rates of journals can influence faculty recruitment, salary, tenure and promotion decisions; subscription decisions; and authors’ intention to submit manuscripts. Recent literature from both the Communication and Hospitality Management disciplines suggests that there are wide differences in the formulas used by editors to calculate acceptance rates. Because differing methods of acceptance rate calculation potentially impact significant decisions, a universally accepted and applied standard could be developed. A normative standard, grounded in a specific (...) core ethical principle, is generally preferable to a nonfoundational approach. Two primary approaches to the study of ethics have prevailed through time, teleological ethics with a focus on consequences as represented by Mill’s Utilitarian ideals and deontological ethics with a focus on duty as represented by Kant’s Categorical Imperative. This analysis applies these two ethical frameworks, utility and duty, to the journal editors’ dilemma of finding a common, normative method to calculate acceptance rates. (shrink)

One of the most influential views in privacy scholarship is that privacy protects individual autonomy. On the early liberal view, the exercise of autonomy requires detachment from social and political life and privacy facilitates it. This view of privacy still informs current legal and political practice. As this view of privacy presupposes a tension between privacy and society, it is responsible for the underrating of privacy in legal and political practice. Over the last decades, liberal reflection on autonomy has shifted (...) from the early liberal understanding of autonomy as calling for detachment from social life to the idea of autonomy as socially embedded. This development has brought about a corresponding adjustment in the liberal concept of privacy: privacy has come to be seen as a social rather than merely an individual interest. The social turn in thinking about privacy has gone a long way to change the problematic image of privacy in legal and political practice. It has not gone far enough, however, to draw conclusions regarding the political relevance of privacy. I argue that we should understand autonomy as politically embedded. Revised along these lines, privacy has a political value: when we claim privacy, we do not make a claim to withdraw from political life, but rather make a claim to protect certain forms of political engagement. (shrink)

Volume 20, Issue 7, July 2020, Page 169-172.

Toleration is one of the core elements of a liberal polity, and yet it has come to be seen as puzzling, paradoxical and difficult. The aim of the present paper is to dispel three puzzles surrounding toleration. First, I will challenge the notion that it is difficult to see why tolerance should be a virtue given that it involves putting up with what one deems wrong. Second, I defuse the worry that the ideal of toleration is not fully realizable as (...) toleration must necessarily be limited. Third, I take issue with the assumption that ‘true’ tolerance requires meta-tolerance, that is, that the issue of toleration must itself be approached in a ‘tolerant’ way. (shrink)

Toleration is one of the core elements of a liberal polity, and yet it has come to be seen as puzzling, paradoxical and difficult. The aim of the present paper is to dispel three puzzles surrounding toleration. First, I will challenge the notion that it is difficult to see why tolerance should be a virtue given that it involves putting up with what one deems wrong. Second, I defuse the worry that the ideal of toleration is not fully realizable as (...) toleration must necessarily be limited. Third, I take issue with the assumption that ‘true’ tolerance requires meta-tolerance, that is, that the issue of toleration must itself be approached in a ‘tolerant’ way. (shrink)

Do professional ethicists behave any morally better than other professors do? Do they show any greater consistency between their normative attitudes and their behavior? In response to a survey question, a large majority of professors (83 percent of ethicists, 83 percent of nonethicist philosophers, and 85 percent of nonphilosophers) expressed the view that “not consistently responding to student e‐mails” is morally bad. A similarly large majority of professors claimed to respond to at least 95 percent of student e‐mails. These professors, (...) and others, were sent three e‐mails designed to look like queries from students. Ethicists’ e‐mail response rates were not significantly different from the other two groups’. Expressed normative view correlated with self‐estimated rate of e‐mail responsiveness, especially among the ethicists. Empirically measured e‐mail responsiveness, however, was at best weakly correlated with self‐estimated e‐mail responsiveness; and professors’ expressed normative attitude was not significantly correlated with empirically measured e‐mail responsiveness for any of the three groups. (shrink)

The law of contracts, at least in its orthodox expression, concerns voluntary, or chosen, legal obligations. When Brody accepts Susan’s offer to sell him a canoe for a set price, the parties’ choices alter their legal rights and duties. Their success at changing the legal landscape depends on a background system of rules that specify when and how contractual acts have legal effects, rules that give the offer and acceptance of a bargain-exchange a central role in generating obligations. Contract law (...) conceived as a body of rules empowering individuals to shape their own rights and responsibilities presents an object of philosophical study. The philosophy of contract includes two broad sets of projects. One set, the focus of the first part of this entry, targets the basic structure and normative justification of the law of contracts. The aim is to subsume a salient body of contract law rules under general principles in order to clarify contract law’s conceptual categories, distinguish it from other areas of law, and specify criteria relevant to its normative appraisal. This kind of philosophical work presupposes detailed knowledge of the law in existing legal regimes, and the entry begins by outlining the common law of contracts. A second set of projects draws on resources from the philosophy of language, philosophy of action, and moral and political philosophy to address debates within contract law. Questions about the nature of meaning and interpretation, intentionality, freedom in contract, and distributive justice drive contemporary legal debates concerning contract formation, interpretation, and enforcement. Philosophical work on these topics has attracted significant commentary which serves as the focus of the second part of this entry. (shrink)