Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

Paternalism has generally been thought of as forcible or coercive interference with a person's liberty of action which is justified because it will prevent harm to that person's welfare interests or the like. Opposition to paternalistic interference with adults, whether it involves the intervention of the state or another adult individual, has usually been based on a concern to preserve human autonomy or self-determination. More strictly it is opposition to so-called ‘strong’ paternalism - interventions to protect or benefit a person (...) despite the person's informed voluntary consent to the contrary- which has been grounded on such a commitment to self-determination. ‘Weak’ paternalism involves interference where there is a defect in the decision-making capacities of the person interfered with. It is claimed to be justifiable insofar asconsentto the interference would be forthcoming were these capacities restored. (shrink)

Wendy Donner'sThe Liberal Self: John Stuart Mill's Moral and Political Philosophyis an important and thought-provoking addition to the growing body of literature seeking to rescue Mill's practical philosophy from the rather lowly place it occupied in the estimation of many philosophers earlier this century, and to present him as a philosopher whose views form a coherent, systematic whole that can still contribute significantly to numerous moral and political debates. The book proposes an interpretation of the whole of Mill's practical philosophy, (...) and attempts to reveal how aspects of Mill's thought, hitherto considered incompatible, actually mutually support one another. At the same time, Donner sets many of Mill's positions in the context of contemporary moral and political philosophical debates, and finds that on a number of important issues, his thought stands up rather well against more recent work. (shrink)

If one is committed to a “Rawlsian” conception of justice, is one not also necessarily committed to a “Christian” personal ethics? MOE explicitly, if one believes that social justice requires the maximinning of material conditions, should one not use one's time and resources as well as one can in order to assist the poorest? The paper offers a very partial answer to these questions by arguing for the following two claims: (1) Contrary to what is implied by some egalitarian critics (...) of Rawls, the idea of a well‐ordered society does not require maximin‐guided choices at the individual level, and hence leaves room for legitimate incentive payments.(2) Despite Rawls's own neglect of this fact, a limited form of patriotism does constitute an individual “natural duty” following from a commitment to maximin social justice. (shrink)

Mill argues that, apart from the principle of utility, his utilitarianism is incompatible with absolutes. Yet in On Liberty he introduces an exceptionless anti-paternalism principle—his liberty principle. In this paper I address ‘the absolutism problem,’ that is, whether Mill's utilitarianism can accommodate an exceptionless principle. Mill's absolute claim is not a mere bit of rhetoric. But the four main solutions to the absolutism problem are also not supported by the relevant texts. I defend a fifth solution—the competence view—that turns on (...) his attention to decision-making structures and, in particular, on the role of expertise considerations in his account. (shrink)

Mill’s harm principle is commonly supposed to rest on a distinction between self-regarding conduct, which is not liable to interference, and other-regarding conduct, which is. As critics have noted, this distinction is difficult to draw. Furthermore, some of Mill’s own applications of the principle, such as his forbidding of slavery contracts, do not appear to fit with it. This article proposes that the self-regarding/other-regarding distinction is not in fact fundamental to Mill’s harm principle. The sphere of protected liberty includes not (...) only self-regarding conduct, but also actions that affect only consenting others. On the other hand, the occasional permissibility of interfering with self-regarding conduct can plausibly be explained by reference to the agent’s consent. Thus, the more important distinction appears to be that between consensual and non-consensual harm, rather than that between the self-regarding and non-self-regarding action. That is, interference can be justified in order to prevent non-consensual harms, but not to prevent consensual harms. It is argued that the harm principle, thus reformulated, both captures Mill’s intentions and is a substantively plausible position. (shrink)

If one is committed to a “Rawlsian” conception of justice, is one not also necessarily committed to a “Christian” personal ethics? MOE explicitly, if one believes that social justice requires the maximinning of material conditions, should one not use one's time and resources as well as one can in order to assist the poorest? The paper offers a very partial answer to these questions by arguing for the following two claims: (1) Contrary to what is implied by some egalitarian critics (...) of Rawls, the idea of a well‐ordered society does not require maximin‐guided choices at the individual level, and hence leaves room for legitimate incentive payments.(2) Despite Rawls's own neglect of this fact, a limited form of patriotism does constitute an individual “natural duty” following from a commitment to maximin social justice. (shrink)

Baselines are commonly used to enable harm identification. The temporal, the counterfactual and the duty-based normative baselines are the most prominent. Each of these captures an aspect of common conceptions of what it is to harm and be harmed. However, each baseline also fails to deliver workable identifications of harm when presented with certain types of case. Problematic cases are found readily in childhood, a venue in which harm identification is often called for. Without a reliable means of identifying harm (...) in childhood, harm cannot properly play a central role in normative assessments of parental practices and state intervention. This paper presents childhood cases in which the prominent baselines fail and offers an alternative: the interest-based normative baseline. Should the interest-based normative baseline replace its rivals and reign supreme? I argue not, presenting a case for maintaining a suite of baselines for use in varying contexts. (shrink)

My discussion in this lecture is structured as follows. In section 1 I consider the nature of philosophical enquiry and its affinity to liberalism. In section 2 I lay out some of the basic components of liberal theory and explore their interrelations. In section 3 I discuss two challenges to liberalism: one concerning the conception of liberty which it involves and one concerning the way in which it introduces the idea of legitimate political authority. In section 4 I suggest that (...) these problems, to do with the values of liberalism, arise on the basis of a prior conception of individuals which is in need of modification. In a brief concluding section 5 I indicate the need for a post-liberal political theory. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

This article aims to reconstruct a Millian argument for protecting a broad artistic freedom, as well as to delineate the exceptional cases in which censorship of works of art might be justified. Mill'sOn Libertyoffers two lines of reasoning that might be used to defend the widest possible artistic freedom. The first is Mill's defense of freedom of speech in chapter 2, although this would apparently still allow for censoring art that serves to instigate harm. The second is his defense of (...) “experiments in living” in chapter 3, but this might allow for censoring the exhibition or publication of artworks that constitute “offences against decency.” While this Millian doctrine on artistic freedom provides guidelines for coping with difficult cases in arts management, its limitations highlight the peculiarities of the arts and literature in relation to freedom and censorship. (shrink)

This article surveys the classic and contemporary literature on the nature and limits of freedom of expression (or free speech). It begins by surveying the main philosophical justifications for free speech, before moving to consider the two most discussed topics in the free speech literature: hate speech and pornography. The article offers some brief reflections on the large number of arguments which have been offered on these topics. Three newer battlegrounds for free speech are examined at the end: no platforming, (...) fake news and online shaming. (shrink)

A leading classical utilitarian, John Stuart Mill is an unlikely contributor to the public reason tradition in political philosophy. To hold that social rules or political institutions are justified by their contribution to overall happiness is to deny that they are justified by their being the object of consensus or convergence among all those holding qualified moral or political viewpoints. In this chapter, I explore the surprising ways in which Mill nevertheless works to accommodate the problems and insights of the (...) public reason tradition, and the extent to which he makes arguments that can help those working within that tradition. Mill’s utilitarian theory incorporates the claim that the demands of social life require a publicly accepted set of normative expectations to govern judgments about when one has met one’s obligations and, relatedly, about the appropriateness of blame or punishment. (shrink)

This thesis is an attempt to constructively interpret and critically evaluate the liberal doctrine that we may not limit a person’s liberty for her own good, and to discuss its implications and alternatives in some concrete areas of public health policy. The thesis starts theoretical and goes ever more practical. The first paper is devoted to positive interpretation of anti-paternalism with special focus on the reason component – personal good. A novel generic definition of paternalism is proposed, intended to capture, (...) in a generous fashion, the object of traditional liberal resistance to paternalism – the invocation of personal good reasons for limiting of or interfering with a person’s liberty. In the second paper, the normative aspect of this resistance is given a somewhat technical interpretation in terms of invalidation of reasons – the blocking of reasons from influencing the moral status of actions according to their strength. It is then argued that normative anti-paternalism so understood is unreasonable, on three grounds: 1) Since the doctrine only applies to sufficiently voluntary action, voluntariness determines validity of reasons, which is unwarranted and leads to wrong answers to moral questions. 2) Since voluntariness comes in degrees, a threshold must be set where personal good reasons are invalidated, leading to peculiar jumps in the justifiability of actions. 3) Anti-paternalism imposes an untenable and unhelpful distinction between the value of respecting choices that are sufficiently voluntary and choices that are not. The third paper adds to this critique the fourth argument that none of the action types typically proposed to specify the action component of paternalism is such that performing an action of that type out of benevolence is essentially morally problematic. The fourth paper ignores the critique in the second and third papers and proposes, in an anti-paternalistic spirit, a series of rules for the justification of option-restricting policies aimed at groups where some members consent to the policy and some do not. Such policies present the liberal with a dilemma where the value of not restricting people’s options without their consent conflicts with the value of allowing people to shape their lives according to their own wishes. The fifth paper applies the understanding of anti-paternalism developed in the earlier papers to product safety regulation, as an example of a public health policy area. The sixth paper explores in more detail a specific public health policy, namely that of mandatory alcohol interlocks in all cars, proposed by the former Swedish government and supported by the Swedish National Road Administration. The policy is evaluated for cost-effectiveness, for possible diffusion of individual responsibility, and for paternalistic treatment of drivers. The seventh paper argues for a liberal policy in the area of dissemination of information about uncertain threats to public health. The argument against paternalism is based on common sense consequentialist considerations, avoiding any appeal to the normative anti-paternalism rejected earlier in the thesis. (shrink)

In the chapter entitled ‘Philosophy and the Meaning of Life’ in Robert Nozick’s Philosophical Explanations there is an admonitory passage with many applications. ‘It is a puzzle,’ says Nozick, ‘how so many people, including intellectuals and academics devote enormous energy to work in which nothing of themselves or their important goals shines forth, not even in the way their work is presented. If they were struck down, their children upon growing up and examining their work would never know why they (...) had done it, would never know who it was that did it. They work that way and sometimes live that way, too’. (shrink)

This paper explores early Australasian philosophy in some detail. Two approaches have dominated Western philosophy in Australia: idealism and materialism. Idealism was prevalent between the 1880s and the 1930s, but dissipated thereafter. Idealism in Australia often reflected Kantian themes, but it also reflected the revival of interest in Hegel through the work of ‘absolute idealists’ such as T. H. Green, F. H. Bradley, and Henry Jones. A number of the early New Zealand philosophers were also educated in the idealist tradition (...) and were influential in their communities, but produced relatively little. In Australia, materialism gained prominence through the work of John Anderson, who arrived in Australia in 1927, and continues to be influential. John Anderson had been a student of Henry Jones, who might therefore be said to have influenced both main strands of Australian philosophical thought. (shrink)

In his essay On Liberty, John Stuart Mill presents the famous harm principle in the following manner: “[…] the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. […] The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. […] Over himself, over his own body and mind, the individual is sovereign.” Hence, there is a (...) distinction between self-regarding and other-regarding acts, and only the latter are subject to moral criticism. However, while all acts are in some way selfregarding, it is not clear if there are any which are exclusively so. There are two additional difficulties. First, the “individual” may not be an individual person; self-determining communities, at least when they have the ability to decide for themselves, are also “individuals” in this sense. Second, it is claimed that groups of acts (activities and practices) have a different kind of justification from single acts. So what are the limits which “others” have in order to protect themselves from what “individuals” (personal or not) do, and what are their rights to do and to protect? If, in the final analysis, protection or defense is a source of justification, what should or must be protected, and why? Where does the demarcation line between self-regarding and other-regarding acts lie? In our age, as in Mill’s, we encounter many situations where such a line is needed, yet is hard to determine or establish. One such example, the case of same-sex marriages, is further explored in this paper. (shrink)

J. S. Mill lays great emphasis on the importance of the notion of the individual as a progressive being. The idea that we need to conceive the self as an object of cultivation and perfection runs through Mill’s writings on various topics, and has played a certain role in recent interpretations. In this paper I propose a specific interpretation of Mill’s understanding of the self, along the lines of what Stanley Cavell identifies as a “perfectionist” concern for the self. Various (...) texts by Mill, ranging from the Logic to On Liberty, show an understanding of the self in which both the theoretical and the practical domain are presented as being internally connected to the transformation of the self. Mill elaborates a criticism of a notion of truth articulated by doctrines having a life independent of the self, as well as a notion of choice which is not the expression of one’s inner self. This internal relation of truth and choice to the self generates a special dialectic within the self, which Mill explores in On Liberty’s second and third chapters by means of several contrasts, such as passive vs. active knowledge, living vs. dead beliefs, or being oneself vs. liking and choosing in crowds. (shrink)

What and how should individuals resist in political situations? While this question, or versions of it, recurs regularly within Western political philosophy, answers to it have often relied on dyads founded upon dogmatically held ideals. In particular, there is a strain of idealist political philosophy, inaugurated by Plato and finding contemporary expression in the work of Alain Badiou, that employs dyads (such as the distinction between truth and doxa or the privilege of thought over sense) that tend to reduce the (...) complexities of practices of resistance to concepts of commitment. Although these dyads have been challenged by, amongst others, poststructuralist theorists, this has often been at the cost of losing their structuralist heritage. This thesis develops an ontology proper to structuralism that engenders non-idealist and non-dogmatic, yet ethical, practices of resistance against commitment orientated accounts of resistance and the return of classical ontological dyads. The thesis begins with an examination of the extent to which a dogmatic use of idealism grounds the work of a prominent contemporary theorist, Alain Badiou. In developing his neo-Maoist metapolitics, Badiou follows both Platonic ontology and the Marxist tradition of dialectics by claiming that political practice can only be carried out in truth by paying fidelity to an event that ruptures the presented order of things. Chapter one opens with an exploration of Badiou's mathematic meta-ontology to draw out its three foundational dyads (truth/doxa; sense/intelligibility; is/is not). It is argued that although Badiou makes important criticisms of the preponderant trends of political philosophy, he is unable to support his own account of politics due to his dogmatic reliance on idealist principles. Chapter two begins by developing two accounts: first, of the relations between Badiou's work and that of his former teacher Louis Althusser and, secondly, the relations between Althusser's thought and that of Gilles Deleuze, in particular his reading of David Hume. Discussion centres around the importance of the role that time plays within the works of all three authors, particularly in regard to the idea of the void. The chapter concludes with the argument that Hume's temporal idea of human nature is the key to a symptomatic reading of Althusser that accounts for the persistence of ideas in the latter's social theory. In chapter three, Deleuze's reading of Hume's idea of relations is developed to take into account Bergson's theory of time. Read in contrast to Quentin Meillassoux's speculative realism, the chapter argues that Deleuze's account of temporal relations informs Althusser's social theory to create the ontological grounds for non-dogmatic and non-idealist practices of resistance. These practices are developed in chapter four with an unlikely turn to John Stuart Mill's idea of genius, the metaphysical property of the individual that signifies the discovery of new truth. The chapter begins with an argument that there is an under-developed account of ethics in Deleuze's work. Distinguishing the idea of genius from both Mill's moral philosophy, as well as from utilitarian thought more generally, the idea of genius is sutured onto Deleuze's ontological account of individuation. Read alongside Althusser's social theory, which accounts for the non-idealist conceptualisation of situations, this suture creates an ethically oriented structuralist ontology. The thesis concludes with the argument that the idea of genius is the ethical imperative that motivates practices of resistance. When individuals are understood as embodied within situations, practices of resistance are conceptualised not against other components of a situation, but contra them, taking them into account in order to amplify, multiply and transform the individual's potential within a situation. (shrink)