Grounded in what Alan Wertheimer terms the nonworseness claim, it is thought by some philosophers that what will be referred to herein as better-than-permissible acts —acts that, if undertaken, would make another or others better off than they would be were an alternative but morally permissible act to be undertaken—are necessarily morally permissible. What, other than a bout of irrationality, it may be thought, would lead one to hold that an act (such as outsourcing production to a sweatshop (...) in a developing country) that produces more benefits for others than an act that is itself morally permissible (such as not doing business in the developing country at all) with respect to those same others, is not morally permissible? In this article, I argue that each of the two groups of philosophers that are most likely to accept the nonworseness claim—consequentialists and non-consequentialists—have reason to reject it, and thereby also have reason to reject the belief that better-than-permissible acts are necessarily morally permissible. (shrink)

Many believe that employment can be wrongfully exploitative, even if it is consensual and mutually beneficial. At the same time, it may seem third parties should not do anything to preclude or eliminate such arrangements, given these same considerations of consent and benefit. I argue that there are perfectly sensible, intuitive ethical positions that vindicate this ‘Reasonable View’. The view requires such defense because the literature often suggests that there is no theoretical space for it. I respond to arguments for (...) the clearest symptom of this obscuration: the so-called nonworseness claim that a consensual, mutually beneficial transaction cannot be ‘morally worse’ than its absence. In addition to making space for the Reasonable View, this serves my dialectical goal of encouraging distinct attention to first- and third-party obligations. (shrink)

According to the nonworseness claim, it cannot be morallyworseto exploit someone than not to interact with them at all when the interaction 1) is mutually beneficial, 2) is voluntary, and 3) has no negative effects on third parties. My aim in this article is to defend the moral significance of exploitation from this challenge. To that end, I develop a novel account of why sweatshop owners have a moral obligation to pay sweatshop workers a nonexploitative wage despite the (...) fact that their relationship is entirely optional. More precisely, I defend two main claims. First, I show that sweatshop owners are morally obligated to pay sweatshop workers a nonexploitative wage even though they have a right not to hire them and even though that will require them to pay sweatshop workers a wage that is higher than the one they voluntarily accepted. Second, I explain why this obligation on the part of sweatshop owners is not defeated by the fact that other individuals not party to the transaction would benefit even more than sweatshop workers from receiving this additional level of pay. (shrink)

There are two opposing views concerning intuitive cases of wage exploitation. The first denies that they are cases of exploitation at all. It is based on the nonworseness claim: there is nothing wrong with a discretionary mutually beneficial employment relationship. The second is the reasonable view: some employment relationships can be exploitative even if employers have no duty towards their employees. This article argues that the reasonable view does not completely defeat defences of wage exploitation, because these do (...) not rely solely on the nonworseness claim. They also rely on the idea, popularised by Alan Wertheimer, that exploitation is a form of disequilibrium price occurring in defective markets. The article then proceeds to criticise Wertheimer’s account through neoclassical, new institutional, and Austrian economics. It concludes that considerations for economic efficiency are irrelevant to assessing intuitions regarding exploitation. (shrink)

There are two opposing views concerning intuitive cases of wage exploitation. The first denies that they are cases of exploitation at all. It is based on the nonworseness claim: there is nothing wrong with a discretionary mutually beneficial employment relationship. The second is the reasonable view: some employment relationships can be exploitative even if employers have no duty towards their employees. This article argues that the reasonable view does not completely defeat defences of wage exploitation, because these do (...) not rely solely on the nonworseness claim. They also rely on the idea, popularised by Alan Wertheimer, that exploitation is a form of disequilibrium price occurring in defective markets. The article then proceeds to criticise Wertheimer’s account through neoclassical, new institutional, and Austrian economics. It concludes that considerations for economic efficiency are irrelevant to assessing intuitions regarding exploitation. (shrink)

ABSTRACT:This commentary develops my position on the ethics of price gouging in response to Jeremy Snyder's article, “What's the Matter with Price Gouging.” First, it explains how the “nonworseness claim” supports the moral permissibility of price gouging, even if it does not show that price gougers are morally virtuous agents. Second, it argues that questions about price gouging and distributive justice must be answered in light of the relevant possible institutional alternatives, and that Snyder's proposed alternatives to price (...) gouging fare worse on the dimension of justice than a system in which goods are allocated by a system of market prices. (shrink)

This paper develops my position on the ethics of price gouging in response to Jeremy Snyder's article, "What's the Matter with Price Gouging." First, it explains how the "nonworseness claim" supports the moral permissibility of price gouging, even if it does not show that price gougers are morally virtuous agents. Second, it argues that questions about price gouging and distributive justice must be answered in light of the relevant possible institutional alternatives, and that Snyder's proposed alternatives to price (...) gouging fare worse on the dimension of justice than a system in which goods are allocated by a system of market prices. (shrink)

This chapter argues that in some cases of wrongful exploitation, individuals who are not parties to the relevant transactions are as seriously and as directly wronged as the exploited parties to those transactions. Section I presents two cases that provide intuitive support for this claim, and offers an initial explanation for it that relies on considerations that are similar to those that motivate the Nonworseness Claim. Section 2 describes some central components of an account of the wrong-making (...) features of wrongful exploitation that is suggested by the argument in section 1, and suggests some reasons to find this type of account plausible. Section 3 notes what the arguments in sections 1 and 2 seem to imply with regard to the remedial duties of wrongful exploiters, contrasts this view with one that has recently been defended by Malmqvist and Szigeti, and argues that there are important reasons to prefer the former. (shrink)

How could it be wrong to exploit—say, by paying sweatshop wages—if the exploited party benefits? How could it be wrong to do something gratuitously bad—like giving to a wasteful charity—if that is better than permissibly doing nothing? Joe Horton argues that these puzzles, known as the Exploitation Problem and All or Nothing Problem, have no unified answer. I propose one and pose a challenge for Horton’s take on the Exploitation Problem.

In this paper, I take up one of Wang Yangming’s most audacious philosophical claims, which is that an achievement that is entirely concerned with correcting one’s own inner states, called “establishing sincerity” (licheng 立誠) can help one to fully grasp (jin 盡) all ethically pertinent matters, including those that would seem to require some ability to know or track facts about the wider world (e.g., facts about people very different from ourselves, facts about the needs of plants and animals). Wang (...) makes a claim to this effect in some of his letters and recorded discussions. -/- I begin with a brief, historical reconstruction of what Wang means by “establishing sincerity” and then turn to two sets of controversies regarding his audacious claim. The first has to do with how we should understand the proposal that establishing sincerity helps or positions a person to fully grasp all ethically significant concerns. On the interpretation of Chen Lai 陳來, Wang doesn’t think that establishing sincerity is sufficient by itself to have this grasp, only that it lays a necessary psychological foundation for all attempts to do so, so that it leaves much more work to do. I largely agree with Chen’s reading but find it isn’t strong enough to capture what’s most important and controversial about Wang’s view. On my stronger reading, Wang doesn’t just think that establishing sincerity provides a necessary foundation for a complete grasp, he also thinks that it describes the most difficult and demanding step or part of the process – the other steps come much more naturally and easily. The second set of controversies has to do with whether we can preserve Wang’s core account of virtuous moral agency without his strong ethical nativism, according to which we have an inherent capacity and disposition to track what is ethically important or salient about people and things very much unlike ourselves. I consider some arguments and interpretations of Wang’s thought that might allow us to bypass his nativist presuppositions, and conclude that they do not succeed. Even if we cannot accept his ethical nativism, however, there is a range of important ethical norms for which Wang’s prescriptions are powerful and prudent. The result of this study, I hope, will be an account of Wang’s thought which better positions us to see what parts are (and are not) worth bringing to ongoing debates about the nature of ethics, moral knowledge, and moral virtue. (shrink)

Mackie drew attention to the distinct semantic and metaphysical claims made by metaethical realists, arguing that although our evaluative discourse is cognitive and objective, there are no objective evaluative facts. This distinction, however, also opens up a reverse possibility: that our evaluative discourse is antirealist, yet objective values do exist. I suggest that this seemingly farfetched possibility merits serious attention; realism seems committed to its intelligibility, and, despite appearances, it isn‘t incoherent, ineffable, inherently implausible or impossible to defend. I argue (...) that reflection on this possibility should lead us to revise our understanding of the debate between realists and antirealists. It is not only that the realist‘s semantic claim is insufficient for realism to be true, as Mackie argued; it‘s not even necessary. Robust metaethical realism is best understood as making a purely metaphysical claim. It is thus not enough for antirealists to show that our discourse is antirealist. They must directly attack the realist‘s metaphysical claim. (shrink)

The development of some COVID-19 vaccines by private companies like Moderna and Sanofi-GSK has been substantially funded by various governments. While the Sanofi CEO has previously suggested that countries that fund this development ought to be given some priority, this suggestion has not been taken seriously in the literature. Considerations of nationalism, sustainability, need, and equitability have been more extensively discussed with respect to whether and how much a country is entitled to advance purchase orders of the vaccine under conditions (...) of absolute scarcity. Yet, little attention has been paid to whether prior investment into developing a vaccine entitles a country to some priority with respect to these orders. Moreover, while not a majority view, some survey results show that a significant minority of the populace does endorse some view like this. This article argues that the minority have a point: recognizing funder countries some priority is justified by the weak Lockean claim (WLC). According to the WLC, the fact that someone has contributed to the development of something gives them some entitlement to the resultant product. This article will defend the WLC, and address objections to the argument, including those pertaining to questions of historical injustice and medical need. This argument does not imply an unconstrained entitlement. Rather, contribution to development is one morally relevant factor that must be tempered by and weighed against potentially more substantial claims to priority based on need, equity, and other considerations. (shrink)

It was proposed that ethical evaluation of insurance claim padding behavior would be affected by characteristics of the policyholder, insurance agent, and company. These three factors were manipulated in written scenarios and the premise was tested in a factorial experimental design. No significant support was found for an effect of any of the three factors on ethical perceptions of claim padding. However, females found claims padding to be significantly less ethical than males. Given a claim scenario where (...) the actual loss was $500 and the claimed amount was $3000, subjects awarded an average of $986.91 on the claim. Many respondents were willing to compensate victims for intangible losses as well as tangible losses. (shrink)

String theory has by now maintained a highly influential position in high energy physics for more than a quarter of a century. The present article analyses the reasons for the considerable trust exponents of string theory have in their theory even though it has neither found empirical confirmation nor a complete formulation up to this point. It is argued that this trust can be understood in terms of an emerging new conception of theory assessment that relies strongly on the identification (...) of limitations to the underdetermination of scientific theory building. The second part of the paper makes the point that another conspicuous element of string theoretical reasoning, the prominent role of the notion of a final theory, can be understood in terms of this altered notion of theory assessment as well. (shrink)

_ Source: _Volume 28, Issue 2, pp 132 - 148 A striking feature of Thomas Hobbes’s account of political obligation is his discussion of the Fool, who thinks it reasonable to adopt a policy of selective, self-interested covenant breaking. Surprisingly, scholars have paid little attention to the potential of a psychological defense of Hobbes’s controversial claim that the Fool behaves irrationally. In this paper, I first describe Hobbes’s account of the Fool and argue that the kind of Fool most (...) worth considering is the covert, long-term Fool. Then I advance and critically assess two psychological arguments according to which the Fool’s policy of self-interested covenant breaking is prudentially irrational. The first argument holds that, taken together, the deep guilt from early-stage covenant breaking, the cumulative guilt from continued covenant breaking, and the high statistical risk of detection during high-volume covenant breaking render the Fool’s policy irrational. The second argument holds that the Fool’s policy is irrational because it puts him at risk of adopting a psychologically intolerable view of his fellow covenanters and, specifically, the extent to which they can be trusted. (shrink)

This paper's purpose is to set forth the conditions of explanation in the domain of formal modelling of social action. Explanation is defined as an adequate account of the underlying factors bringing about a phenomenon. The modelling of a social phenomenon can claim explanatory value in this sense if the following two conditions are fulfilled. (1) The generative mechanisms involved translate the effects of real factors abstracted from their phenomenal context, not those of purely ideal ones. (2) The explanatory (...) hypotheses, which account for the effects of explanatory factors, and the purely descriptive hypotheses, which introduce conceptual simplifications and summarise complex secondary mechanisms, are relatively independent from each other with regard to the phenomenon represented. This condition subjects the model to testing by alternatives through the development of purely descriptive hypotheses in the sense of explanatory or analytical realism. (shrink)

Jerry Fodor has argued that Classical Empiricists are as committed to the innateness of ideas as Classical Rationalists. His argument, however, is proven inconclusive by an ambiguity surrounding “innate ideas”.Textual evidence for this ambiguity is provided and the “Dispositional Nativism” that, prima facie, makes Empiricist and Rationalist views similar dissolves into two distinct views about the nature of both the mind’s and the environment’s contribution in the process of concept acquisition.Once the Empiricist’s Dispositional Nativism is not conflated with the Rationalist’s, (...) it becomes evident that the Empiricist can accept the premises of Fodor’s argument without accepting his conclusion and, hence, remain unmoved in her conviction that no ideas are innate. (shrink)

In Giving Reasons, Bermejo-Luque rightly claims that a normative model of the speech act of argumentation is more defensible if it rests on an internal aim that is constitutive of the act of arguing than if it rests, as she claims existing normative models do, on an aim that one need not pursue when one argues. She rightly identifies arguing with trying to justify something. But it is not so clear that she has correctly identified the internal aim of arguing (...) as showing that a target-claim is correct on the basis that a reason offered in its support is correct. First, if arguing is as she claims an attempt to justify, it is best construed as an attempt to justify the action or emotion expressed in its conclusion. Second, it is doubtful that qualified reasons and conclusions can always be reasonably reconstructed as unqualified claims, and even more doubtful that non-constative reasons and conclusions can always be reasonably reconstructed as indirect claims. Third, she needs to explain and justify her introduction of the concepts of showing and correctness in her analysis of the act of arguing. (shrink)

The article shows how merit has been used to highlight pensioners as a special population in the claims-making activities of the senior rights movement in Sweden, as well as in debates about issues concerning old age. Simply put, merit refers to the claim that pensioners have built the society and they are entitled to special treatment – for instance welfare, reverence – for this reason. Merit is concluded to be a rhetorical tool with the potential of countering images of (...) older people as a burden to the young. It portrays seniors as a population worthy of welfare and reverence. Social movements that emphasize merit among seniors will however risk isolation, since such claims to some extent have become associated with populist attacks on immigrants, politicians and other groups labeled as non-merited. (shrink)

ABSTRACTCommercial lawyers often signal that ‘client first’ is an essential element of their professional DNA, and some scholarly proponents have laid claim to a moral justification for zeal. That moral justification is found, in particular, in the notion of lawyers as friends. One critique of zeal is that this moral claim is bogus: that ‘client first’ is a convenient trope for disguised self-interest. This paper explores the empirical validity of this ‘client first’ ideal through a value-based analysis of (...) zeal in lawyering. Our data suggest plausible differences in ethical decision-making related to those values. The data are consistent with more zealous lawyers having stronger self-interested rather than client-interested motivations. More zealous lawyers are also less constrained by valuing conformity to rules. If our results are valid, they suggest that the claim that zeal is motivated by placing a high value on the interests of the client is false. (shrink)

The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute expressively (...) regulated by the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types. Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above. (shrink)

It has been argued, and not without emotional detachment, that the Holocaust is unlike other events in world and Jewish history. Those who offer such arguments also claim that comparisons between events of ethnic cleansing, mass murder and other sorts of criminal behavior are not meant to purvey a kind of moral one-upmanship. The suffering and harm in one instance is as morally repugnant as those in any other instance, whether it is a Jewish child gassed and cremated by (...) the Nazis, a black child lynched in the southern United States, an Armenian child deliberately poisoned in a Turkish hospital, a Ukrainian child starved to death in a Stalinist blockade, a Native American child shot to death by Conquistadors, a Rwandan child hacked to death, or a Bosnian child blown to pieces by a land mine or sniper. (shrink)

Using focus groups, this small-scale, qualitative study investigated the way that students tend to think about religious truth-claims as compared to other types of truth-claim. All the student participants conceived of religious truth-claims as ‘opinions’, to be contrasted with the certain, indisputable ‘facts’ of science. For many students, it was the lack of empirical verification, as well as the existence of disagreement, which meant religious beliefs were relegated to this position. If these findings are generalisable, then there are implications (...) for the ongoing theoretical dispute over the extent to which truth should be a focus in religious education. The tendency for students to see religious claims as subjective lends support for a critical pedagogy that places evaluation of truth centre-stage. The findings also suggest a need for religious education and science teachers to include more reflection on the nature of the scientific method in their schemes of work in order to dispel the myths of unanimity and certainty in science. (shrink)

In Reason, Truth and History, Putnam provides an influential argument for the materialist view that the supposition that we are all “actually” brains in a vat [BIV’s] is “necessarily false”. Putnam admits that his argument, inspired by insights in Wittgenstein’s later views, is “unusual”, but he is certain that it is a correct. He argues that the claim that we are BIV’s is self-refuting because, if we actually are BIV’s, then we cannot refer to real physical things like vats. (...) Although the present author agrees, fundamentally, with Heidegger’s view that we are essentially “in a world”, and, therefore, with Putnam’s conclusion that we cannot possibly be BIV’s, the paper argues that Putnam’s argument is fallacious. The proper conclusion to draw from Putnam’s argument is that asserting that one is a BIV is beyond the limits of a BIV’s language. That is, Putnam only shows that if we actually are BIV’s, then we cannot think or assert either that we are or that we are not BIV’s. It does not show that we are not “actually” BIV’s. The cogency of this criticism is illustrated with a concrete “science-fiction” example. (shrink)

Sāṃkhya, in its commentary Yuktidīpikā, responds to the Buddhist claim that a means of valid cognition (pramāṇa) and a valid cognition (pramā), its result (phala), are identical. The response of Sāṃkhya was pioneering: it is one of the two earliest responses to the Buddhists in the lively polemic on the relationship between a pramāṇa and its result. (The other of these two earliest responses is in the Ślokavārttika by Kumārila Bhaṭṭa.) Sāṃkhya’s voice in this polemic is earlier than that (...) of Nyāya, which is, as well as Mīmāṃsā, the main rival of the Buddhists in addressing this issue. This study provides a translation and detailed reconstruction of the Yuktidīpikā’s polemic with the Buddhist opponent, which has not been researched before, as well as a critical assessment of the Sāṃkhya position. The Yuktidīpikā polemicizes against Dignāga. It aptly questions the standpoint of the Buddhist opponent and presents an alternative standpoint, contrasting its own view with that of the opponent. Though the Sāṃkhya position formulated in the Yuktidīpikā evokes several critical remarks, the Yuktidīpikā’s response is an important contribution to Indian thought. (shrink)

Theodicy begins with the recognition that the world is not obviously under the care of a loving God with limitless power and wisdom. If it were, why would the world be burdened with its considerable amount and variety of evil? Theodicists are those who attempt to answer this question by suggesting a possible rationale for the appearance of evil in a theocentric universe. In the past theodicists have taken up the cause of theodicy in the service of piety, so that (...) God might be defended against libel from humans, particularly the accusation that God's reign lacks justice. Contemporary practitioners, who live in a world where the existence of God can no longer be presumed, tend to favour theodicy as an exercise in securing the rationality of religious belief. Their hope is that one crucial theoretical obstacle to responsible belief in God will have been eliminated, once the idea of God has been reconciled with the reality of evil. What has commonly united theodicists, at least since the Enlightenment, is that they must answer to a non–believing antagonist. Until relatively recently, theodicy has been a debate between apologists for theistic faith and their cultured detractors. (shrink)

Clinical research is increasingly ‘offshored’ to developing countries, a practice that has generated considerable controversy. It has recently been argued that the prevailing ethical norms governing such research are deeply puzzling. On the one hand, sponsors are not required to offshore trials, even when participants in developing countries would benefit considerably from these trials. On the other hand, if sponsors do offshore, they are required not to exploit participants, even when the latter would benefit from and consent to exploitation. How, (...) it is asked, can it be worse to exploit the global poor than to neglect them when exploitation is voluntary and makes them better off? The present article seeks to respond to this challenge. I argue that mutually beneficial and voluntary exploitation can be worse than neglect when — as is typically true of exploitative international research — it takes advantage of unjust background conditions. This is because, in such cases, exploitation overlaps with another, less familiar wrong: complicity in injustice. Recognising complicity as a distinct wrong should make us judge exchanges arising from background injustice more harshly than we typically do, in research and elsewhere. (shrink)

: What philosophical and historical insights might be gained by juxtaposing and linking two distinct areas of Zhu Xi's comments, those on guishen (conventionally glossed as ghosts or spirits) and those on the transmission and succession of the Way (daotong)? There is considerable evidence that he regarded canonical rites for ancestors and teachers as insufficiently satisfying, and thus he sought enhanced communion with the dead. His statements about spirits and especially his prayers to Confucius' spirit served to enhance his confidence (...) that he had gained the transmission of Confucius' dao and that nothing being passed down to him had been lost. In the rituals and prayers to Confucius, Zhu Xi also projected himself as mediator between his students and Confucius' spirit. After hearing such prayers and participating in the ritual sacrifices, Zhu's students would become more convinced of his special status in the transmission of the Way. This inquiry into these spiritual and philosophical issues ultimately demonstrates the compelling importance of Zhu's practical concerns. (shrink)

Microphotography was one of the earliest applications of photography in science: The first monograph on tissue organization illustrated with microphotographs was published in 1845. In the 1860s, a large number of introductions to scientific microphotography were published by anatomists. They argued that microphotography was a means of documenting the results of microscopic analysis, uncontaminated by the subjectivity of the observer. In the early decades of the 19th century, before the general acceptance of cell theory, such a technique was of special (...) importance, as no criteria were available to distinguish between important and superficial characters in the description of tissue microstructures. Microphotography was praised as the method of choice for documenting the scientific observations of microscopic material. Some of the microphotographic practices described in these early manuals, however, did not conform with the idea of a purely mechanical process of documentation. The authors of these manuals saw photography not as a technique which produced artifacts, but as a complete and reliable substitute for the original preparations. Thus, according to these authors, the artificial world of photography was seen as the actual representation of the microworld. Consequently, they tried to understand the microcosm by analyzing photographs instead of the microscopic preparation themselves. Such attitudes discredited the use of microphotography in the sciences. Consequently, the definitive breakthrough of scientific microphotography was delayed until the 1880s and was largely due to the efforts of Robert Koch, who made microphotography a central tool of bacteriology. (shrink)

This paper shows that species are individuals with respect to evolutionary theory in the sense that the laws of the theory deal with species as irreducible wholes rather than as sets of organisms. 'Species X' is an instantiation of a primitive term of the theory. I present a sketch of a proof that it cannot be defined within the theory as a set of organisms; the proof relies not on details of my axiomatization but rather on a generally accepted property (...) of speciation; hence the same argument should work for any axiomatization which captures this generally accepted property of speciation. (shrink)