This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory (...) treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

La naturaleza interdisciplinar del "enfoque de las capacidades" ha hecho que su estudio se encuentre diseminado en un amplio espectro de revistas. Así el CA se ha asentado en las áreas de la filosofía política o la economía del desarrollo, y ha ampliado su alcance al ser utilizado como marco teórico para la creación de indicadores sobre la privación, la calidad de vida o la salud, o bien para abordar las cuestiones de la educación superior o el impacto de la (...) tecnología en la vida de las personas. Se ofrece una visión general sobre los principales conceptos empleados en ese enfoque, buscando distinguir las propuestas de A. Sen y M. Nussbaum, con el fin de analizar la idea de sostenibilidad y su incorporación en la agenda del enfoque. The interdisciplinary nature of the "Capability Approach" has resulted in its dissemination in a broad range of journals. As a result, the CA has spread to political philosophy and economic development and its scope has been expanded to be used as a theoretical framework in the creation of indicators on deprivation, quality of life or health. It has also been used to approach issues of higher education and the impact of technology on people's lives. The article offers an overview of the main concepts used in this approach, seeking to differentiate A. Sen and M. Nussbaum's proposals, in order to analyze sustainability and its inclusion in the approach agenda. (shrink)

The Capability Approach is in the first place an approach to the evaluation of individual well-being and social welfare. Many disciplines refer to the CA, first and foremost welfare economics, development studies and political philosophy. Educational theory was not among the first disciplines that took notice of the CA, but has a rising interest in it. This paper argues that the CA would also profit from looking into educational theory. The first part of the paper shows why and where educational (...) theory—or more precisely: a theory of learning—is missing in the CA. This is done in three steps: the first section gives a brief overview of the core concepts of Sen’s CA. Section “Capability and Choosing” focuses on the role of choosing in the CA. It states the views of Sen and Nussbaum on choosing and shows the shortcomings in their appreciation of choosing. In consequence, the third section derives some demands on a theory of learning in the CA. The second part of the paper presents Dewey’s educational theory on experience as a possible starting point when looking for a learning theory that lends itself to the integration in the CA. Section “Opportunity of Choosing, Experience and Education” introduces Dewey’s conception of experience, freedom of the learner, conditions of experience and education. Section “Capability and Experience” discusses how Dewey’s concepts fit into the CA. On the first glance, there are three points in which the CA and Dewey’s concepts match: the importance of freedom for human life, the role of participation in education and the need to take internal and external factors as well as their interaction into account in assessing choice situations. This establishes a basis for linking both theories. Yet, more research is needed to explore the issue further. Section “Conclusion and Outlook” concludes and sketches the lines for future research. (shrink)

This study addresses the gap between policy and practice on the issue of women’s right to own rural land through a qualitative study conducted in Pakistan’s two largest provinces, Punjab and Sindh. A recent survey finds that only 4% of women own rural land in Pakistan. Given the relatively large agrarian economy, land is a key resource determining women’s agency. To understand the dynamics that maintain this status quo, I use two distinct strands of feminist theory. First is Joan Acker’s (...) organizational theory of gender and class structures, to explore the inequality regimes embedded in rural patriarchy. Second, I adapt Suad Joseph’s conceptualization of patriarchal connectivity to show how in rural Pakistan, valorizing kinship works to exclude women from matters pertaining to land and silencing demands for their inheritances. This framework simultaneously allows for a fine-grained analysis of the politico-economic and social structures of rural society, while building an intimate understanding of familial relations. The findings show how land is discursively defined as a collective good to ensure that landed patriarchs remain entrenched within the political and economic order of the state, limiting possibilities, for women, of acquiring agency through owning and controlling rural land. The study also upends the widespread myth of Islamic misogyny, for it demonstrates the political economy of patriarchal domination over religion in Pakistan. (shrink)

This paper explores what insights can be drawn from critical theory to enrich and strengthen Sen’s capability approach in relation to technology and human development. The two theories share some important commonalities: both are concerned with the pursuit of “a good life”; both are normative theories rooted in ethics and meant to make a difference, and both are interested in democracy. The paper provides a brief overview of both schools of thought and their applications to technology and human development. Three (...) areas are identified where critical theory can make a contribution to the capability approach: conceptually, by providing a critical account of individual agency and enriching the concept of technology beyond the simplistic notion of commodities; methodologically, by sensitising towards reification and hegemony of scientific tools, and, finally, by emphasising reflexivity of researchers. (shrink)

Zygon®, Volume 56, Issue 4, Page 874-897, December 2021.

Recent articles published in this journal have highlighted the shortcomings of individualistic approaches to health promotion, and the potential contributions of relational analyses of autonomy to public health ethics. I argue that the latter helps to elucidate the former, by showing that an inadequate analysis of autonomy leads to misassignment of both forward-looking and backward-looking responsibility for health outcomes. Health promotion programmes predicated on such inadequate analyses are then ineffective, because they assign responsibility to agents whose social environment inhibits their (...) ability to act on such responsibilities; inequitable, because the social barriers to autonomous agency display a socio-economic gradient; and stigmatizing, because they license blaming of individuals for their own poor health without taking into account how reasonable it is to hold these individuals responsible, given the social barriers to autonomy they face. I further sketch how incorporating a relational understanding of autonomy could help to produce health promotion programmes that do not succumb to these difficulties, while avoiding coercive paternalism, exploring potential applications in ecological approaches to health promotion. (shrink)

It has at various times been said, both before and since the fall of apartheid, that philosophers in South Africa are neglecting to do certain sorts of work. Behind this accusation lies a general claim that philosophers have responsibilities to their contexts. This essay is dedicated to (i) defending this claim against objections, and (ii) offering a positive argument for there being moral pressure on philosophers to increase understanding. My aim is not to accuse any philosopher or community of philosophers (...) of neglect. It is rather to defend an understanding of both philosophy and ethical responsibilities that makes room for philosophers to have moral responsibilities. Whether or not it has ever in fact been appropriate to accuse philosophers in South Africa, or indeed anywhere else, of neglect, philosophers do indeed have responsibilities to their contexts. (shrink)

This article analyses the challenges for the strategies and practices of transformational development in a changing context. This reflection is based on contributions received during the process of dialogues and regional consultations, realised from August 2012 until March 2014, of the ACT Alliance, an international coalition of churches and faith-based organisations working in the areas of humanitarian response, development and advocacy. The main processes that affect the changing development context are addressed, such as the ongoing globalisation as well as the (...) consequences, mainly regarding the shrinking space for civil society. It discusses the concepts of human development and of transformational development, based on a people-centred development vision, a human rights-based approach and advocacy, which addresses the root causes and effects of poverty, inequality and injustice. Transformational development practices, from Latin America, are presented and analysed. The article concludes that the changing development context also offers opportunities, especially regarding regional and global alliances of FBOs, civil society organisations and of social movements. (shrink)

Amartya Sen and Martha Nussbaum have argued that justice is concerned, at least in part, with the distribution of capabilities (opportunities to function). Richard Arneson, G.A. Cohen, and John Roemer have argued that justice is concerned with something like the distribution of opportunities for well-being. I argue that, although some versions of the capability view are incompatible with some versions of the opportunity for well-being view, the most plausible version of the capability view is identical to a slight generalization of (...) the opportunity for well-being view. (shrink)

We present three rights-based approaches to research and policies on gender justice and equity in the context of climate change adaptation. After a short introduction, we describe the dominant discourse that frames climate change and provide an overview of the literature that has depicted women both as vulnerable victims of climatic change and as active agents in adaptive responses. Discussion follows on the shift from gendered impacts to gendered adaptive capacities and embodied experiences, highlighting the continuing impact of social biases (...) and institutional practices that shape unequal access to and control over household and community decision-making processes undermining timely, fair, and successful adaptive responses. Assessment of rights-based frameworks considers the space they provide in addressing persistent gender and other inequalities, at different political and operational scales. We argue that a human security framework is useful to fill the gap in current gender and climate justice work, particularly when implemented through the entry point of adaptive social protection. Gender justice in climate change adaptation is an obligation for transformational social change, not just rights. The time is ripe to replace narrow-minded vulnerability studies with a contextualized understanding of our mutual fragility and a commitment to enhanced livelihood resilience, worldwide. (shrink)

Within recent scholarship, a long-standing tendency to view Foucault as pessimistic about the possibilities of activism is now being reversed. For many contemporary commentators who emphasize the themes of personal agency, transgression and radical freedom in their assessment of his thought, Foucault offers new possibilities for political practice and for the pursuit of self-determination. However, an examination of Foucault’s work, particularly in the transitional period preceding his so-called ‘ethical’ writings, indicates his appreciation of basic human needs and functions that complicates (...) the current understanding of Foucault as a philosopher of freedom. Particularly in his discussions of the ideas of ‘desubjectivation’ and ‘limit-experience’, Foucault’s work recognizes that prior conditions of psychological, economic and social ‘well-being’ are prerequisites for any subsequent performance of freedom. Examining this dimension of Foucault’s work reveals interesting points of convergence between his thought and the capabilities approach advocated by philosophers such as Amartya Sen and Martha Nussbaum. Like them, Foucault’s work recognizes that there are some minimal levels of human functioning below which talk of self-determination is misplaced. As such, political philosophy needs to be concerned with the grounds of personal and political obligation, no less than the limits and possibilities of freedom. (shrink)

In this paper I argue that the debate between subjective and objective theories of prudential value obscures the way in which elements of both are needed for a comprehensive theory of prudential value. I suggest that we characterize these two types of theory in terms of their different aims: procedural (or subjective) theories give an account of the necessary conditions for something to count as good for a person, while substantive (or objective) theories give an account of what is good (...) for a person, given some set of necessary conditions. Characterizing the theories in this way allows us to see their mutual compatibility. To make this case, I assume that a theory of prudential value ought to be descriptively and normatively adequate. The criterion of descriptive adequacy requires that our theory explain the subject relativity of prudential value. I characterize subject relativity in terms of justifiability to subjects and I argue that certain procedural theories are well suited to meet this criterion. The criterion of normative adequacy requires that our theory be capable of guiding action and I argue that a certain kind of substantive theory is needed to meet this requirement. (shrink)

The harmful effects of Covid 19 on children living in poverty have refocused attention on the complex nature of child poverty and the vexed question of its relationship to education. The paper examines a tension at the heart of much discussion of child poverty and education. On the one hand, education is often regarded as essential for children’s flourishing and a means by which children can “escape” poverty; yet on the other hand, education systems, institutions, and practices, often reflect and (...) entrench the disadvantages associated with poverty. Narratives concerning education as an escape from poverty tend not to deal in any depth with the injustices associated with poverty, stressing instead the transformative potential of education. By contrast, largely sociological analyses of the ways in which schooling reproduces inequalities tend to stop short of developing a normative account of how education can contribute to transforming the structural injustices related to poverty and its effects on children’s lives. In working to move beyond this analytic impasse, the paper shows how the cluster of concepts, which Robeyns (2018) locates as central to the capability approach, give insights which help to address these two different lacunae. The notion of conversion factors highlights the significance of taking account of existing relationships in education, while the distinction between capabilities and functionings helps guide practices regarding the education of children living in poverty. Drawing on literature on the heightened inequalities associated with poor children’s experience of lack of schooling during the COVID pandemic, the paper sketches some of the ways in which sociological analysis and normative evaluation can be linked in taking forward an “ethically engaged political philosophy” (Wolff, 2018) to discuss child poverty and education in real schools. (shrink)

Even if contemporary liberal political thought fails to provide an adequate basis for environmental protection, investigating its environmental implications may be a worthy enterprise, if only to foster discussion among liberal thinkers about the obligation to protect the environment. Examination of four contemporary liberal views of distributive justice?those of Rawls, Arneson, Sen, and the libertarians?shows that in these theories, environmental protection turns either on obligations to future generations or on the rights of individuals. The extent of environmental protection the four (...) views implicitly require may be quite extensive, and is probably far beyond what proponents of each view might have imagined. (shrink)

The article concerns selected problems related to the postulates of equalizing the level of positive liberty. The classic understanding of individual freedom, called as negative, identified with a lack of compulsion, can be in opposition to the so-called positive liberty. The last notion is generally defined by an ability, which brings its relation with a concept of power. The postulate of equality in “freedom to” can be justification for conducting a social redistribution of goods. The cases of voluntary and compulsory (...) donation are considered in the text, whose aim is to visualize consequences resulting from a compulsory expansion of the scope of positive liberty. (shrink)

Typically, philosophers analysing well-being’s nature maintain three claims. First, that well-being has essential properties. Second, that the concept of well-being circumscribes those properties. Third, that well-being theories should capture them exhaustively and exclusively. This predominant position is called well-being monism. In opposition, contextualists argue that no overarching concept of well-being referring to a universally applicable well-being standard exists. Such a standard would describe what is good, bad, and neutral, for us without qualification. Instead, well-being research is putatively about several central (...) phenomena. If several phenomena are central, a proliferation of concurrently acceptable well-being theories and operationalisations is expected. However, contextualists are challenged to explain how those analysing well-being are not systematically talking past each other. In this paper, I address that challenge. The upshot is that contextualist well-being theories can be justifiably context-sensitive and applied to tailor-made policy-making efforts. I illustrate the benefits by connecting contextualism to the capability approach. (shrink)

Central capabilitarian theories of well-being focus exclusively on actual opportunities to attain states of being and doing that people have reason to value. Consequently, these theories characterise ill-being and disadvantage as deprivations of such opportunities and attainments. However, some well-being aspects are inherently negative. They make up the difference between not being well and being unwell in that they constitute ill-being. While disadvantage can be plausibly captured by deprivations, ill-being cannot be fully captured by them. I support this claim by (...) analysing cases involving inherently negative aspects of homelessness that are not mere deprivations of opportunities to attain beings and doings that people have reason to value. I conclude that ill-being is not only about what one cannot be and do, but also about one’s enduring, and opportunities to avoid, negative beings and doings. Theories and policies should reflect this to get things right, and to do right by people. (shrink)

The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range (...) of conduct on the basis of the fear, worry, and anxiety it generates among those who are not the direct victims of the conduct, and thereby undermines the limiting role of the harm principle by permitting the very move it was meant to prevent: the criminalization of harmless conduct on the ground of others’ feelings about it. The best way to avoid this dilemma is to recognize that people have rights, operating independently of the harm principle, to be treated in certain ways just because they are persons. The existence of such rights provides a ground for both criminalizing conduct and limiting the scope of criminalization because these rights point both to conduct that people must be permitted to engage in and conduct that might well be criminalized. A complete account of criminal law will therefore require the harm principle to work together with an independent account of rights. (shrink)

I distinguish four different interpretations of ‘equality of opportunity.’ We get four interpretations because a neglected ambiguity in ‘opportunity’ intersects a well-known ambiguity in ‘equality.’ The neglected ambiguity holds between substantive and non-substantive conceptions of ‘opportunity’ and the well-known ambiguity holds between comparative and non-comparative conceptions of ‘equality.’ Among other things, distinguishing these four interpretations reveals how misleading ‘equal opportunity for advantage’ formulations of luck egalitarianism can be. These formulations are misleading in so far as they obscure the difference between (...) two separate claims about which inequalities are consistent with true equality. Luck egalitarianism claims that inequalities that have been chosen in some suitable sense are consistent with true equality, while the traditional ideal of equality of opportunity only claims that inevitable inequalities that have been determined through fair competitions are consistent with true equality. Obscuring the difference between these two claims therefore serves both to arrogate the rhetorical advantages of the traditional ideal to luck egalitarianism and to cover over a limitation to luck egalitarianism’s ambition to provide a comprehensive principle of distributive justice. (shrink)

Teacher action and change is a complex and nuanced phenomenon that has been theorized across diverse literature in terms of identity, agency, and power. Drawing on this literature, this article offers specific articulations of teacher identity as interpretive framework, power as legitimate action, and agency as moral coherence. We posit a model of teacher agency understood in the interplay of individual beliefs, values, and ideals with institutional roles, authority, and institutional action, producing (or not producing) authentic action. This model draws (...) a distinction between agency and power, and highlights dynamics of equilibrium and discord that may emerge between who teachers are and what they do. The agentive triad model serves as a theoretical tool for guiding or supporting teacher growth and agentive action, and for understanding the dynamics between institutionally legitimized roles and teacher identities. (shrink)

The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of (...) poor countries with the problem of fast population growth. He argues that a coherent goal-rights system which accommodates rights among others goals, can overcome the non-consequential arguments and justify the force of moral rights fully within a consequentiality perspective. (shrink)

I feel deeply honored and privileged to have the opportunity of giving the first Baffi Lecture at the Bank of Italy. Paolo Baffi was not only a distinguished banker and financial expert, he was also a remarkable economist and a visionary social thinker. He had outstanding technical expertise in many different fields, but combined his intellectual eminence with a profound sense of values. As Governor Ciampi put it at the general meeting of the Bank of Italy last May, Paolo Baffi (...) represented “an extraordinary combination of penetrating logic, erudition and moral strength … [he was] not only a gifted student of economics, he had a deep-seated commitment to act for the common good.”1 In remembering Baffi today, we must keep in mind both his intellectual contributions and his general evaluative concerns. (shrink)

The Upaniṣads do deal with moral problems, and one could find a systematic ethical stance in them, though the Upaniṣads are, for the most part, concerned with metaphysics where the Ultimate Reality is explored and mediated upon. For an Upaniṣadic seeker, metaphysics and ethics are inseparable. The present study makes an attempt to examine the ethical stance of the Taittirīya Upaniṣad and see whether it falls in the framework of any ethical theory. This study examines the Taittirīya Upaniṣad’s ethical ideas (...) focussing on the eleventh chapter of the Śikṣā-vallī (first section). The first part of the paper is an unearthing the moral precepts found in the Taittirīya Upaniṣad, whereas the second part explores whether the ethic of the Taittirīya Upaniṣad is deontological. The study concludes with a submission. In this paper, the attempt is to position the moral precepts enunciated in the Taittirīya Upaniṣad in an ethical theory framework in the light of comparative philosophy. I argue that the moral precepts enunciated in the Taittirīya Upaniṣad, though seemingly deontological, are for the maintenance of the social order, unlike in Kant’s ends in themselves; and the ethics of the Taittirīya Upaniṣad has overwhelming elements of consequentialism and virtue ethics. (shrink)

When assessing institutions and social outcomes, it matters how free society is within them (‘societal freedom’). For example, does capitalism come with greater societal freedom than socialism? For such judgements, freedom theorists typically assume Individualism: societal freedom is simply the aggregate of individual freedom. However, G.A. Cohen’s well-known case provides a challenge: imagine ten prisoners are individually free to leave their prison but doing so would incarcerate the remaining nine. Assume further that no one actually leaves. If we adopt Individualism (...) plus the standard liberal view of freedom, such incarceration seems to leave societal freedom unaffected. This is an important theoretical challenge: it seems we must either reject Individualism or reject, or at least amend, the liberal view. Cohen also suggests his case, and the collective unfreedom therein, helps us capture how proletarians are unfree under capitalism. In this article, I argue that we can solve Cohen’s puzzle, if we focus on how power can reduce freedom. If we adopt the republican view of freedom, we can say that prisoners are unfree in Cohen’s case because they are dominated by the other prisoners. This solution keeps Individualism but moves beyond liberal freedom. I then also show how this individualistic framework captures proletarian unfreedom. (shrink)

What distinguishes constraints on our actions that make us unfree (in the sociopolitical sense) from those that make us merely unable? I provide a new account: roughly, a constraint makes a person unfree, if and only if, first, someone else was morally responsible for the constraint and, second, it impedes an ability the person would have in the best available distribution of abilities. This new account is shown to overcome shortcomings of existing proposals. Moreover, by linking its account of unfreedom (...) to distributions of abilities, it offers an attractive combination of so-called positive and negative views of freedom. (shrink)

This article critically examines the competitive, adversarial nature of the Western neoliberal style of democracy. Specifically, this article focuses on Amartya Sen’s notion of a “universal democracy” as a means of addressing socio-economic inequalities through Sen’s capability approach. Sen’s capability theory has become an acclaimed and widely used theory to evaluate and understand development and inequalities. However, we employ a distinctive critique by engaging Amartya Sen through Herbert Marcuse’s analysis of one dimensionality and the adversarial nature of Western democracy. We (...) further highlight how contemporary neoliberal society employ a particular, adversarial form of public participation. Through this, we underline the various neoliberal problemata, such as Western idealism, political passivity, and a “flattening of choice,” within contemporary democracies and locate how their competitive, winner-take-all nature has become essential to contemporary, Western democratic models. Consequently, we argue that democracy, as a functional concept and form of public engagement, should be fundamentally re-examined in order to address inequalities. (shrink)

Biomedical innovations are making possible the enhancement of human capabilities. There are two philosophical stances on the role that medicine should play in this respect. On the one hand, naturalism rejects every medical intervention that goes beyond preventing and treating disease. On the other hand, welfarism advocates enhancements that foster subjective well-being. We will show that both positions have considerable shortcomings. Consequently, we will introduce a third characterization in which therapies and enhancements can be reconciled with the legitimate objectives of (...) medicine inasmuch as they improve the capabilities that enable the freedom to pursue personal well-being. (shrink)

The paper analyses Rawls's teleology/deontology distinction, and his concept of priority of the right. The first part of the paper aims both 1) to clarify what is distinctive about Rawls's deontology/teleology distinction (thus sorting out some existing confusion in the literature, especially regarding the conflation of such distinction with that between consequentialism and nonconsequentialism); and 2) to cash out the rich taxonomy of moral theories that such a distinction helpfully allows us to develop. The second part of the paper examines (...) the concept of priority of the right. It argues that such a concept should not be identified with that of deontology— indeed, deontological theories do not necessarily assign priority to the right over the good. However, it contends that the concept of priority of the right is essential to explaining what specific kind of deontological theory "justice as fairness" is. Justice as fairness is a deontological theory which assigns priority to the right as a consequence of its commitment to a neutral position with respect to different accounts of what is ultimately valuable and good. (shrink)

Intensified and extensive data production and data storage are characteristics of contemporary western societies. Health data sharing is increasing with the growth of Information and Communication Technology platforms devoted to the collection of personal health and genomic data. However, the sensitive and personal nature of health data poses ethical challenges when data is disclosed and shared even if for scientific research purposes. With this in mind, the Science and Values Working Group of the COST Action CHIP ME ‘Citizen's Health through (...) public-private Initiatives: Public health, Market and Ethical perspectives’ identified six core values they considered to be essential for the ethical sharing of health data using ICT platforms. We believe that using this ethical framework will promote respectful scientific practices in order to maintain individuals’ trust in research. We use these values to analyse five ICT platforms and explore how emerging data sharing platforms are reconfiguring the data sharing experience from a range of perspectives. We discuss which types of values, rights and responsibilities they entail and enshrine within their philosophy or outlook on what it means to share personal health information. Through this discussion we address issues of the design and the development process of personal health data and patient-oriented infrastructures, as well as new forms of technologically-mediated empowerment. (shrink)

A claim that certain purely private matters should be beyond the reach of society's laws, moral rules, and other customs is central to the distinctive liberalism of John Stuart Mill. On Liberty, perhaps the most eloquent defense of individual liberty ever written, laments the hostility allegedly displayed in modern mass societies toward “the right of each individual to act [in private matters] as seems good to his judgement and inclinations”. In Mill's view, a free society must design its institutions with (...) due regard for what he terms “individuality.” That is, public authority, whether in the form of law, customary opinion, or economic power, must be self-limiting so that it does not interfere with the rights of individuals to choose as they like with respect to such private concerns as religious faith, reading materials, living companions, and consumption of drugs and alcohol. Individuals and voluntary groups should be permitted to do whatever they prefer within their private spheres even if everyone else in society dislikes what they do, is annoyed by them, and actually chooses not to be around them or to befriend them. (shrink)

Claims to rights and negotiation about their shape are pervasive in our public and private culture. Rights consciousness is surely desirable and is part and parcel of the transition toward a more democratic world. In this essay I consider the proper placement of moral rights in moral theory. In a famous essay, "Taking Rights Seriously," Ronald Dworkin argues that if it is accepted that individuals have moral rights against their government, that implies serious constraints on the conduct of government and (...) the freedom of a political majority to enforce its wishes through law. I endorse the thesis that individuals have such moral rights and support taking rights seriously in Dworkin's sense. My focus is elsewhere. In this essay I shall argue that moral rights do not and should not figure in our fundamental moral principles; rights enter at the level of subordinate principles. In a very broad way, to take this stand is to side with utilitarians and consequentialists, who see rights as instruments for achieving other values, not moral goals in their own right. (shrink)

The concept of well-being is central to the subject matter of moral philosophy as well as economics. According to some moral theorists morality is about the maximization of social well-being. According to others, notably John Rawls we ought to give particular priority to the worst off members in society. Both these and other moral positions, whatever the priority they attach to different members of society in arriving at moral judgements, require an account of well-being or advantage. The concern with well-being (...) is thus of foundational importance in moral philosophy, even if well-being is not thought of as all that matters. Furthermore, those who want to distinguish ‘morality’ from ‘self-interest’ must furnish us with an account of human interests, so that we can distinguish the moral realm from that of self-interest or prudence. The concerns of moral philosophers, here, clearly overlap with those of economists. Economists are much concerned with questions of how well people are doing, with their ‘standard of living’ or ‘quality of life’. However, there are very different ways of thinking about each of these ideas. Indeed, we need to discriminate between different views of the quality of life and to decide which is the most appropriate for the purposes of moral theory and the normative parts of economics. (shrink)

ABSTRACT:This article considers the economic case for so-called sweatshop wages and working conditions. My goal is not to defend or reject the economic case for sweatshops. Instead, proceeding from a broadly pluralist understanding of value, I make and defend a number of claims concerning the ethical relevance of economic analysis for values that different agents utilize to evaluate sweatshops. My arguments give special attention to a series of recent articles by Benjamin Powell and Matt Zwolinski, which represent the latest and (...) best defense of the economic case for sweatshops. In the process, I challenge Zwolinski’s “non-worseness claim”, and the idea that opposition to sweatshop wages and working conditions fails to respect that the autonomy of would-be sweatshop workers. Ultimately, I conclude that even if the economic case for sweatshops rests on a solid empirical foundation, agents possess good reason to advocate for better wages and working conditions for sweatshop workers, and to prefer less exploitative or coercive relationships. Sweatshop labor undermines a compelling vision of free markets, according to both Kantian and republican conceptions of freedom, and the relationships formed by those who participate in such markets. (shrink)

In this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism–the view that political equality is only instrumentally valuable. I reject (...) instrumentalism on two grounds: (i) because it fails to respect reasonable value pluralism and to recognize the constitutive role of democratic procedures for legitimacy in pluralist societies, and (ii) because it neglects the constructive function of democratic decision-making. I then consider two alternatives to pure epistemic proceduralism: David Estlund's version of epistemic proceduralism and a Deweyan account of epistemic democracy. I argue that only pure epistemic proceduralism can make good on both shortcomings of instrumentalism, whereas each of the other two approaches only makes good on one and neglects the other. (shrink)

The capability approach assigns a central role to the contexts within which social interactions take place, which make individual liberty achievable. However, an auxiliary concept is necessary to explain the contexts of collective action more accurately. In this paper I shall present Taylor’s concept of irreducibly social goods as a supplement to the capability approach. I shall also introduce the concept of hermeneutics as a strategy suitable for evaluating which capabilities are to be considered valid, as an alternative to aggregative (...) methodologies. This conceptual development at the core of the capability approach demands to be framed by a normative criterion that enables us to distinguish between emancipatory and conservative contexts of social action; for that purpose I make use of the subject idealization that Honneth and Anderson present. (shrink)

This paper proposes an ethical reflection on personalized medicine and more precisely on the diagnostic technology underlying it, including nanochips. Our approach is inspired by a combination of two philosophical frames of reference: first, John Dewey’s distinction between intuitive valuation and reflexive evaluation, second, John Rawls’ reflective equilibrium. We aim at what we call a ‘reflexive equilibrium’, a mutual adjustment between on the one hand, the intuitive beliefs scientists have about the ethics of the technologies they work on (‘valuations’ in (...) Dewey’s vocabulary) and, on the other hand, the reflexive ethical assessment of these technologies (‘evaluations’). Our goal, in this paper, is to provide the first step of this process through a philosophical analysis of some valuations on individualized medicine. In order to apprehend the ethical values shaping the development of biochips, we present and analyze qualitative interviews with scientists involved in the conception and the development of biochips involving nanotechnologies. We then propose a critical assessment of the role of ethics in these scientific practices. Last, we suggest two distinct and complementary ways to solve some of the issues brought to light by the interviews, without aiming at any dogmatic or “ready-made” answer. The first of these perspectives gives a central role to the capability individuals could achieve through personalized medicine; the second approach analyses the ethical disruptions entailed by personalized medicine with a special focus on care. (shrink)

Attention to individual choice is a valuable dimension of public health policy; however, the creation of effective public health programmes requires policy makers to address the material and social structures that determine a person’s chance of actually achieving a good state of health. This statement summarizes a well understood and widely held view within public health practice. In this article, we (i) argue that advocates for public health can and should defend this emphasis on ‘structures’ by reference to citizen autonomy (...) and not simply by emphasizing concern for counter-balancing values such as ‘population health’ or ‘fairness’, (ii) map and critically explore the contrasting conceptions of autonomy that feature in such debates, with particular attention to conceptions of autonomy that might feature in the defence of an emphasis on structures. We draw on (i) a relational conception of autonomy and (ii) the distinction that can be made between autonomous deliberation and autonomous action to suggest that offering people the opportunity to make choices about their health without also supporting their capability to achieve the object of these choices falls short of what is often considered to be morally and politically important about promoting autonomy in relation to health. (shrink)

In modern representative democracies, much healthcare is publicly funded or provided and so the question of what healthcare systems should do is a matter of public policy. Given that public resources are inevitably limited, what should be done and who should benefit from healthcare? It is a dilemma for policymakers and a subject of debate within several disciplines, but rarely across disciplines. In this paper, I draw on thinking from several disciplines and especially philosophy, economics, and systems theory. I conclude (...) that economist and philosopher John Broome’s writing provides the framework for an answer: a healthcare system in a democracy should do as much good as possible, although sometimes we should sacrifice some overall good for the sake of fairness. This leaves open some detailed questions about what in practice we consider to be good and fair, and about when some good should be traded off in order to be fair. The answers to these questions depend on our values, or as explained by systems theory, our weltanschauung. How policy decisions should be made when citizens’ values differ is a subject of extensive academic debate. However, it is a separate question. Representative democracies have mechanisms for resolving such debates. (shrink)

Biomass such as crops and agricultural waste is increasingly used as the primary resource for products like bioplastics and biofuels. Incorporating the needs, knowledge, skills and values of biomass producers in the design of global value chains – the steps involved in creating any finished product from design to delivery – can contribute to sustainability, reliability and fairness. However, how to involve biomass producers, especially if they are resource poor, remains a challenge. To make sure that inclusion in global biobased (...) value chains is both fair and effective, the capabilities of relevant actors need to be taken into account, especially of those producing biomass. Access to resources determines to what extent a specific actor can participate in a global value chain. Therefore, differences in capabilities should be a central consideration when new (biobased) value chains are designed. Using the capability approach as an ethical framework to realize inclusion, we discern three complementary strategies for setting up inclusive value chains. Firstly, designing for local conversion factors second, providing adaptive design for new capabilities, and third, investing in local conversion factors. Applying these strategies can lead to context-sensitive design of biorefineries that allow for true inclusion of local stakeholders. We support these claims with reference to case-studies of sugarcane production in Jamaica, modified tobacco in South Africa and the non-edible parts of corn (stover) in the US. (shrink)