More than twenty years after its original publication, The Case for Animal Rights is an acknowledged classic of moral philosophy, and its author is recognized as the intellectual leader of the animal rights movement. In a new and fully considered preface, Regan responds to his critics and defends the book's revolutionary position.

Individual decisions about how to exercise the legal right to procreative liberty may generate either positive or negative externalities. From within a resource egalitarian perspective, such as that of Ronald Dworkin, it can be argued that procreative justice is asymmetric in the following respect. Justice need not require that parents be subsidised if they produce a public good, yet its ideal achievement may require their activities be taxed if they threaten to produce a public bad.

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

Hobbits and hooligans -- Ignorant, irrational, misinformed nationalists -- Political participation corrupts -- Politics doesn't empower you or me -- Politics is not a poem -- The right to competent government -- Is democracy competent? -- The rule of the knowers -- Civic enemies.

Hobbits and hooligans -- Ignorant, irrational, misinformed nationalists -- Political participation corrupts -- Politics doesn't empower you or me -- Politics is not a poem -- The right to competent government -- Is democracy competent? -- The rule of the knowers -- Civic enemies.

The family is hotly contested ideological terrain. Some defend the traditional two-parent heterosexual family while others welcome its demise. Opinions vary about how much control parents should have over their children's upbringing. Family Values provides a major new theoretical account of the morality and politics of the family, telling us why the family is valuable, who has the right to parent, and what rights parents should—and should not—have over their children. Harry Brighouse and Adam Swift argue that parent-child relationships produce (...) the "familial relationship goods" that people need to flourish. Children's healthy development depends on intimate relationships with authoritative adults, while the distinctive joys and challenges of parenting are part of a fulfilling life for adults. Yet the relationships that make these goods possible have little to do with biology, and do not require the extensive rights that parents currently enjoy. Challenging some of our most commonly held beliefs about the family, Brighouse and Swift explain why a child's interest in autonomy severely limits parents' right to shape their children's values, and why parents have no fundamental right to confer wealth or advantage on their children. Family Values reaffirms the vital importance of the family as a social institution while challenging its role in the reproduction of social inequality and carefully balancing the interests of parents and children. (shrink)

More than twenty years after its original publication, _The Case for Animal Rights _is an acknowledged classic of moral philosophy, and its author is recognized as the intellectual leader of the animal rights movement. In a new and fully considered preface, Regan responds to his critics and defends the book's revolutionary position.

Many social practices treat citizens with cognitive disabilities differently from their nondisabled peers. Does John Rawls's theory of justice imply that we have different duties of justice to citizens whenever they are labeled with cognitive disabilities? Some theorists have claimed that the needs of the cognitively disabled do not raise issues of justice for Rawls. I claim that it is premature to reject Rawlsian contractualism. Rawlsians should regard all citizens as moral persons provided they have the potential for developing the (...) two moral powers. I claim that every citizen requires specific Enabling Conditions to develop and exercise the two moral powers. Structuring basic social institutions to deny some citizens the Enabling Conditions is unjust because it blocks their developmental pathways toward becoming fully cooperating members of society. Hence, we have a duty of justice to provide citizens labeled with cognitive disabilities with the Enabling Conditions they require until they become fully cooperating members of society. (shrink)

This paper considers the range of possible policy options that are available if we wish to attempt to treat people with cognitive disabilities as equal members of society. It is suggested that the goal of policy should be allow each disabled person to establish a worthwhile place in the world and sets out four policy options: cash compensation, personal enhancement, status enhancement and targeted resource enhancement. The paper argues for the social policy of targeted resource enhancement for individuals with cognitive (...) disabilities, in the form of providing cash with some limits on its use. Taking the example from the UK of ‘self-directed support’ it is argued that such policies can be cost-effective and advance the autonomy of people with cognitive disabilities, especially when compared with current policies of centrally provided services. (shrink)

This paper offers a new critical evaluation of the Rawlsian model of global public reason (‘GPR’), focusing on its ability to serve as a normative standard for guiding international diplomacy and deliberation in matters of war. My thesis is that, where war is concerned, the model manifests two fatal weaknesses. First, because it demands extensive neutrality over the moral status of persons – and in particular over whether they possess equal basic worth or value – out of respect for the (...) beliefs of inegalitarian yet ‘decent’ societies, or ‘peoples’, Rawlsian GPR renders calculations of proportionality in war impossible. Second, because its content is provided by a conception of global justice (the so-called ‘Law of Peoples’) whose injunctions are addressed exclusively to peoples, as corporate agents, Rawlsian GPR pushes the moral evaluation of the independent wartime choices of individuals off the agenda of the global public forum altogether. (shrink)

According to John Rawls's ideal of liberal public reason, comprehensive moral, religious and philosophical doctrines should play no more than an auxiliary or marginal role in the political life of constitutional democracies. David Reidy has recently claimed that since liberal public reason is incomplete, comprehensive doctrines, and non-public reasons, must play a wider role than Rawls admits. In response, I argue that Reidy's arguments do not establish that liberal public reason is incomplete. Furthermore, even if the substantive values embodied in (...) liberal public reason were insufficient to determine certain fundamental decisions, such indeterminacy need not be eliminated by recourse to comprehensive doctrines. (shrink)

This paper provides a new analysis and critique of Rawlsian public reason’s handling of the abortion question. It is often claimed that public reason is indeterminate on abortion, because it cannot say enough about prenatal moral status, or give content to the (allegedly) political value which Rawls calls ‘respect for human life’. I argue that public reason requires much greater argumentative restraint from citizens debating abortion than critics have acknowledged. Beyond the preliminary observation that fetuses do not meet the criteria (...) of political personhood, I contend, public reasoners may say nothing about prenatal moral status. Indeed, respect for human life (as distinct from respect for persons) is not, I show, a genuine political value, whose interpretation lies within public reason’s remit. This fact does not, however, prevent deliberators from drawing determinate conclusions regarding the law of abortion. Instead, I show, public reason has radically permissive implications for the legal regulation of feticide, inclining heavily towards the view that abortion should be allowed with little or no qualification, right until birth. I end by giving grounds for thinking that, even if the argumentative restraint which public reason enjoins over prenatal moral status does not generate indeterminacy, it is nonetheless objectionable. (shrink)

We may think of principles which purport to fairly and reasonably adjudicate conflicting claims among human beings as principles of justice. To identify such principles John Rawls investigates what principles would be chosen by rational, self-interested persons who are ignorant of certain features of themselves which might be taken into account to promote their own advantage. The impartial viewpoint obtained by participants in a modified “original position” might be used, to identify principles which would reasonably and fairly adjudicate conflicting claims (...) among sentient creatures, i.e., human beings and animals. In what follows I attempt to sketch the beginnings of such a strategy, some reasons for exploring it, and conjecture as to a few of its implications for current disputes about the treatment of animals. (shrink)

Social Contract theorists and animal advocates seem to have agreed to go their separate ways. Contractarians have avoided attempting to address an issue that seems destined to prove embarrassing for the theory given the current political climate. It is largely thought that contractarianism affirms the meager moral standing commonly attributed to most animals. In the face of this consensus, animal advocates who feel the need to philosophically ground the moral status of animals have turned to other potential sources. This is (...) not a hard choice for animal advocates to make: utilitarianism is a respectable moral theory that affords animals moral consideration with relative ease. Nevertheless, we argue that this separation is a mistake. Contractarians can offer an account of the moral status of animals that is at least as compelling as that offered by utilitarianism. Grounding the moral worth of animals in contract theory also produces an importantly different account, one that can ground animal rights, as opposed to mere considerability, which some animal advocates will find more appealing than the utilitarian alternative. (shrink)

The influential account of contractualist moral theory offered recently by T. M. Scanlon in What We Owe to Each Other is not intended to account for all the various moral commitments that people have; it covers only a narrow—though important—range of properly moral concerns and claims. Scanlon focuses on what he calls the morality of right and wrong or, as he puts it in his title, what we owe to each other. The question arises as to whether nonhuman animals can (...) be wronged in the narrow sense of a moral wrong with which contractualism is concerned. Can we owe things to nonhuman animals? Scanlon is sensitive to the importance of this question, but he ultimately favors an account in which the perspectives of nonhuman animals are not explicitly included in contractualist theorizing. Nevertheless, it appears that contractualism, largely as Scanlon conceives it, can accommodate duties to nonhuman animals. Moreover, if contractualism cannot make this accommodation, then its status as a theory that answers to important common-sense moral intuitions becomes questionable in ways that extend beyond its failure to live up to intuitions many share about the status of nonhuman animals. (shrink)

Many people believe that all human life is of equal value. Most of them also believe that all human beings have a moral status superior to that of nonhuman animals. But how are these beliefs to be defended? The mere difference of species cannot in itself determine moral status. The most obvious candidate for regarding human beings as having a higher moral status than animals is the superior cognitive capacity of humans. People with profound mental retardation pose a problem for (...) this set of beliefs, because their cognitive capacities are not superior to those of many animals. I argue that we should drop the belief in the equal value of human life, replacing it with a graduated view that applies to animals as well as to humans. (shrink)

In a footnote to the first edition of Political Liberalism, John Rawls introduced an example of how public reason could deal with controversial issues. He intended this example to show that his system of political liberalism could deal with such problems by considering only political values, without the introduction of comprehensive moral doctrines. Unfortunately, Rawls chose “the troubled question of abortion” as the issue that would illustrate this. In the case of abortion, Rawls argued, “the equality of women as equal (...) citizens” overrides both “the ordered reproduction of political society over time” and also “the due respect for human life.” It seems fair to say that this was not the best choice of example and also that Rawls did not argue for his example particularly well: a whole subset of the Rawlsian literature concerns this question alone. (shrink)

A common objection to the idea of public reason is that it cannot resolve fundamental political issues because it excludes too many moral considerations from the political domain. Following an important but often overlooked distinction drawn by Gerald Gaus, there are two ways to understand this objection. First, public reason is often said to be inconclusive because it fails to generate agreement on fundamental political issues. Second, and more radically, some critics have claimed that public reason is indeterminate because it (...) cannot provide any citizen with sufficient reason(s) for making important political decisions. Against the first of these objections, I argue that the purpose of public reason is not to end reasonable disagreement. Rather, it is to provide a suitable framework of values and principles within which citizens may resolve their moral and political differences. Against the second objection, I argue, first, that the indeterminacy of public reason is much less common than its inconclusiveness; and, second, that there are second-order decision-making strategies that may enable citizens to cope with cases of indeterminacy. The incompleteness of public reason, whether it takes the form of inconclusiveness or indeterminacy, is not a reason for citizens to abandon their commitment to public justification. (shrink)

It is widely accepted, by both friends and foes of animal rights, that contractarianism is the moral theory least likely to justify the assigning of direct moral status to non-human animals. These are not, it is generally supposed, rational agents, and contractarian approaches can grant direct moral status only to such agents. I shall argue that this widely accepted view is false. At least some forms of contractarianism, when properly understood, do, in fact, entail that non-human animals possess direct moral (...) status, independently of their utility for rational agents, and independently of whatever interests rational agents may have in them. The version of contractarianism I shall focus upon is that defended by John Rawls. (shrink)

In his book, A Theory of Justice, John Rawls argues against the inclusion of non-human animals within the scope of the principles of justice developed therein. However, the reasons Rawls, and certain commentators, have advanced in support of this view do not adequately support it. Against Rawls' view that 'we are not required to give strict justice' to creatures lacking the capacity for a sense of justice, it is initially argued that (i) de facto inclusion should be accorded non-human animals (...) since their exclusion strains just institutions, and (ii) Rawls' account of the sense of justice has implicit and undefended human chauvinist elements. Two further counter-arguments are then developed in more detail. First, the suggestion that some non-human animals do have a capacity for a sense of justice is explored. Second, the suggestion that the capacity for a sense of justice is unrealised in so many human beings that Rawls' basis for marking out a special place for them is undermined is explored. Attention is next given to Rawls' characterisation of the participants in the original position. It is claimed that there are no good reasons for disallowing the possibility that these individuals turn out to be non-human animals in the real world. If sound, this claim brings non-human animals directly within the scope of Rawlsian principles of justice. The claim is defended against three objections. (shrink)

This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.

People with cognitive disabilities are equal citizens, and law ought to show respect for them as full equals. To do so, law must provide such people with equal entitlements to medical care, housing, and other economic needs. But law must also go further, providing people with disabilities truly equal access to education, even when that is costly and involves considerable change in current methods of instruction. The central theme of this essay is what is required in order to give such (...) people political and civil rights on a basis of genuine equality. (shrink)

There is an apparent problem in identifying a basis for equality. This problem vanishes if what I call the ‘intuited response’ is successful. According to this response, there is no further explanation of the significance of the feature in virtue of which an individual matters, beyond the bare fact that it is the feature in virtue of which an individual matters. I argue against this claim, and conclude that if the problem of identifying a basis for equality is to be (...) resolved, it is necessary to defend a substantive account of the independent significance of some feature. (shrink)

A comprehensive study of the ethics of killing in cases in which the metaphysical or moral status of the individual killed is uncertain or controversial. Among those beings whose status is questionable or marginal in this way are human embryos and fetuses, newborn infants, animals, anencephalic infants, human beings with severe congenital and cognitive impairments, and human beings who have become severely demented or irreversibly comatose. In an effort to understand the moral status of these beings, this book develops and (...) defends distinctive accounts of the nature of personal identity, the evaluation of death, and the wrongness of killing. The central metaphysical claim of the book is that we are neither nonmaterial souls nor human organisms but are instead embodied minds. In ethical theory, one of the central claims is that the morality of killing is not unitary; rather, the principles that determine the morality of killing in marginal cases are different from those that govern the killing of persons who are self‐conscious and rational. Another important theme is that killing in marginal cases should be evaluated in terms of the impact it would have on the victim at the time rather than on the value of the victim's life as a whole. What primarily matters is how killing would affect that which would be rational for the victim to care about at the time of death. By appealing to various foundational claims about identity, death, and the morality of killing, this book yields novel conclusions about such issues as abortion, prenatal injury, infanticide, the killing of animals, the significance of brain death, the termination of life support in cases of persistent vegetative state, the use of anencephalic infants as sources of organs for transplantation, euthanasia, assisted suicide, and advance directives in cases of dementia. In particular, the book defends the moral permissibility of abortion, infanticide, and euthanasia in certain cases and argues that brain death is not the appropriate criterion of death either for a person or a human organism. (shrink)

Many people who believe that abortion may often be justified by appeal to the pregnant woman’s interests also believe that a woman’s infliction of significant but nonlethal injury on her fetus can seldom be justified by appeal to her interests. Yet the second of these beliefs can seem to cast doubt on the first. For the view that the infliction of prenatal injury is seriously morally objectionable may seem to presuppose a view about the status of the fetus that challenges (...) the permissibility of abortion. The fear of being interpreted as implicitly endorsing such a view has thus led some defenders of abortion to be reluctant for tactical reasons to condemn the infliction of prenatal injury. In this they are encouraged by those who exploit the issue of prenatal injury in their campaign against abortion. When, for example, the House and Senate in 2004 passed legislation recognizing two victims of an assault against a pregnant woman, many viewed this as a tactic in a larger strategy to restrict access to abortion. This tactic is potentially effective. For people may find it compelling to infer that, if injuring a fetus is seriously objectionable, abortion must be even more objectionable, since killing is normally more seriously objectionable than merely injuring. (shrink)

This essay explores problems of consistency among commonsense beliefs about the comparative moral status of animals, fetuses, and human beings congenitally endowed with cognitive capacities and potential no higher than those of higher animals. The possibility of genetic cognitive enhancement exacerbates some of these problems, but also offers new resources for understanding the basis of our moral status as inviolable.

The proposal that the criminal justice system should focus on rehabilitation – rather than retribution, deterrence, or expressive denunciation – is among the least popular ideas in legal philosophy. Foremost among rehabilitation’s alleged weaknesses is that it views criminals as blameless patients to be treated, rather than culpable moral agents to be held accountable. This article offers a new interpretation of the rehabilitative approach that is immune to this objection and that furnishes the moral foundation that this approach has lacked. (...) The view rests on the principle that moral agents owe it to one another to maintain the dependability of their moral capacities. Agents who culpably commit criminal wrongs, however, betray an unacceptable degree of moral unreliability. Punishment, on this theory, consists in the enforcement of the duties that offenders have to reduce their own likelihood of recidivism. (shrink)

This chapter contains sections titled: The Concept of Neutrality Liberal Moral Neutrality Liberal Political Neutrality The Implications of Liberal Political Neutrality Notes.

This book advances a theory of personal, public and political justification. Drawing on current work in epistemology and cognitive psychology, the work develops a theory of personally justified belief. Building on this account, it advances an account of public justification that is more normative and less "populist" than that of "political liberals." Following the social contract theories of Hobbes, Locke and Kant, the work then argues that citizens have conclusive reason to appoint an umpire to resolve disputes arising from inconclusive (...) public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure. (shrink)

This paper considers the effect of political liberal principles on the children in society. Specifically, the paper argues that political liberalism faces a problem where parents or other adults want to pass on bizarre or dangerous beliefs to their offspring. This problem arises because in the political liberal framework the only limit on what doctrines a child may acquire is that the child becomes a reasonable citizen. Since this criterion is designed to be lax, this implies children may justly be (...) inculcated with views that may undermine their welfare in later life. This presents political liberals with a dilemma. Ensuring that children are taught appropriate views requires narrowing the scope of political liberal principles, whilst keeping the broad focus of political liberalism brings with it unpalatable consequences when we consider the next generation. (shrink)

This paper considers the place of children within liberal-democratic society and its related political morality. The genesis of the paper is two considerations which are in tension with one another. First, that there must be some point at which children are divided from adults, with children denied the rights which go along with full membership of the liberal community. The justification for the difference in the statue between these two groups must be rooted in some notion of capacities, since these (...) are the only relevant differences between adults and children. Second, that linking an individual's capacities to her status undermines the central liberal commitment of political equality. This dilemma explains what I term the threshold view, which holds that children become adult citizens upon reaching an age of competence and that above this level differences in abilities cease to matter to an individual's status. While this view has attractions, this paper argues that this view must eventually be rejected because of its inability to deal with the actual process of human development. In its place, the paper proposes a modification to this view which sees the threshold constrained by moral demands and applied indirectly to age groups rather than individuals. These constraints preserve the commitment to equality in a way consistent with a plausible view of children's place in society. (shrink)

This paper explores the debate between perfectionists and anti-perfectionists in the context of children. It suggests that the most influential and compelling arguments in favour of anti-perfectionism are adult-centric. It does this by considering four leading reasons given in favour of anti-perfectionism and shows that none apply in the case of children. In so doing, the paper defends a perfectionist account of upbringing from the attacks made against perfectionism more generally. Furthermore, because the refutation of the various anti-perfectionist arguments are (...) made exclusively dealing with children, the paper suggests that the perfectionist view of upbringing is compatible with anti-perfectionist restrictions on dealing with adults. This dual view combining perfectionism for children and anti-perfectionism for adults is referred to as restricted perfectionism. (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a (...) theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

John Rawls is regarded as the most important political philosopher of the twentieth century. His seminal work, _A Theory of Justice_, transformed the study of political philosophy and shaped the political thought of a generation. _Rawls on Justice_ demystifies this difficult text by introducing and assessing: Rawls’ life and the background to his philosophy The key concepts of _A Theory of Justice_, including the ‘orginal position’, the ‘veil of ignorance’, and the two principles of justice Rawls’ continuing importance to contemporary (...) philosophy and influence on political thought Ideal for those coming to Rawls for the first time, _Rawls on Justice_ is an invaluable guide for students of philosophy, political thought, economics and law. (shrink)