Political philosophers have recently begun to take seriously methodological questions concerning what a theoretical examination of political ideals is suppose to accomplish and how effective theorising in ideal theory is in securing those aims. Andrew Mason and G.A. Cohen, for example, believe that the fundamental principles of justice are logically independent of issues of feasibility and questions about human nature. Their position contrasts sharply with political theorists like John Dunn and Joseph Carens who believe that normative theorising must be integrated (...) with an appreciation of the empirical realities of one’s society. Rather than bracket questions of feasibility and human nature, empirically-oriented political theorists believe that real, non- ideal considerations must be taken seriously when deriving normative theories of justice.1 And some justice-theorists, most notably John Rawls, attempt to. (shrink)

Theories of distributive justice tend to focus on the issue of what constitutes a fair division of 'external' goods and opportunities; things like wealth and income, opportunities for education and basic liberties and rights. However, rapid advances in the biomedical sciences have ushered in a new era, one where the 'genetic lottery of life' can be directly influenced by humans in ways that would have been considered science fiction only a few decades ago. How should theories of justice be modified (...) to take seriously the prospect of new biotechnologies, especially given the health challenges posed by global aging? Colin Farrelly addresses a host of topics, ranging from gene therapy and preimplantation genetic diagnosis, to an 'anti-aging' intervention and the creation and evolution of patriarchy. This book aims to foster the interdisciplinary dialogue needed to ensure we think rationally and cogently about science and science policy in the twenty-first century. (shrink)

This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.

In the newly emerging debates about genetics and justice three distinct principles have begun to emerge concerning what the distributive aim of genetic interventions should be. These principles are: genetic equality, a genetic decent minimum, and the genetic difference principle. In this paper, I examine the rationale of each of these principles and argue that genetic equality and a genetic decent minimum are ill-equipped to tackle what I call the currency problem and the problem of weight. The genetic difference principle (...) is the most promising of the three principles and I develop this principle so that it takes seriously the concerns of just health care and distributive justice in general. Given the strains on public funds for other important social programmes, the costs of pursuing genetic interventions and the nature of genetic interventions, I conclude that a more lax interpretation of the genetic difference principle is appropriate. This interpretation stipulates that genetic inequalities should be arranged so that they are to the greatest reasonable benefit of the least advantaged. Such a proposal is consistent with prioritarianism and provides some practical guidance for non-ideal societies–that is, societies that do not have the endless amount of resources needed to satisfy every requirement of justice. (shrink)

In this article I critically examine Adam Moore’s claim that the threshold for overriding intangible property rights and privacy rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. I argue that Moore fails to see how important advances in genetic research are to social justice. Once this point is emphasised one sees that the issue of how formidable overriding these rights are is open to much debate. There are strong reasons, on grounds (...) of social justice, for thinking the importance of such rights is likely to be diminished in the interests of ensuring a more just distribution of genes essential to pursuing what John Rawls calls a person’s ”rational plan of life’. (shrink)

What we think about equality as a value will influence how we think genetic interventions should be regulated. In this paper I utilise the taxonomy of equality put forth by Derek Parfit and apply this to the issue of genetic interventions. I argue that Telic Egalitarianism is untenable and that Deontic Egalitarianism collapses into the Priority View. The Priority View maintains that it is morally more important to benefit those who are worse off. Once this precision has been given to (...) the concerns egalitarians have a number of diverse issues must be considered before determining what the just regulation of genetic interventions would be. Consideration must be given to the current situation of the current situation of the least advantaged, the fiscal realities behind genetic interventions, the budget constraints on other programmes egalitarians believe should receive scarce public funds and the interconnected nature of genetic information. These considerations might lead egalitarians to abandon what they take to be the obvious policy recommendations for them to endorse regarding the regulation of genetic therapies and enhancements. (shrink)

Department of Political Studies, Queen's University, 99 University Avenue, Kingston, Ontario, Canada, K7L 3N6. Email: farrelly{at}queensu.ca ' + u + '@' + d + ' '//--> Abstract Should we invest more public funding in basic aging research that could lead to medical interventions that permit us to safely and effectively retard human aging? In this paper I make the case for answering in the affirmative. I examine, and critique, what I call the Fairness Objection to making aging research a greater (...) priority than it currently is. The Fairness Objection presumes that support for aging research is limited to a simplistic utilitarian justification. That is, a mode of justification that is aggregative and permits imposing high costs on a few so that small benefits could be enjoyed by numerous recipients. I develop two arguments to refute the Fairness Objection. The Fairness Objection mischaracterizes the utilitarian argument for retarding human aging. It does so by invoking the fallacious conceptual distinction between "saving lives" and "extending lives", as well as making a number of mistaken assumptions concerning the likely benefits of retarding human aging. Secondly, I argue that the case for tackling aging can be made on contractualist , in addition to utilitarian, grounds. Because the harms of senescence are "morally relevant" to the harms of disease, contractualists can permit aggregation within lives. And thus no one could reasonably reject, I contend, a principle that makes the aspiration to tackle human aging more of a priority than it currently is. CiteULike Connotea Del.icio.us What's this? (shrink)

: This paper explores some of the challenges raised by human genetic interventions for debates about distributive justice, focusing on the challenges that face prioritarian theories of justice and their relation to the argument advanced by Ronald Lindsay elsewhere in this issue of the Kennedy Institute of Ethics Journal. Also examined are the implications of germ-line genetic enhancements for intergenerational justice, and an argument is given against Fritz Allhoff's conclusion, found in this issue as well, that such enhancements are morally (...) permissible if and only if they augment primary goods. (shrink)

Cambridge Quarterly of Healthcare Ethics. What values and principles should inform the regulation of new human genetic technologies? To adequately answer this question we need an account of genetic justice. That is, an account of what constitutes a fair distribution of genetic endowments that influence our expected life-time acquisition of natural primary goods. These are goods that every rational person has an interest in. The decisions we now make regarding the regulation of human genetic technologies will determine how quickly and (...) effectively these benefits are brought into existence, as well as who receives these benefits. In this paper I argue that a necessary condition of a defensible account of genetic justice is that it must track genetic complexity. Genetic complexity encompasses phenomena such as polygenetic traits, gene-gene interactions and complex environmental influences. More specifically, I argue that pluralistic prioritarianism is a theoretical position well-suited for tracking genetic complexity. (shrink)

Deliberative democrats conceive of the democratic process as a transformative process, one that requires citizens to participate in authentic deliberation with others rather than engaging in the strategic behaviour characteristic of existing democratic practices. Current practices often pit factions of society against one another in a struggle to win or retain political power. The moralized conception of democracy defended by deliberative democrats is one that emphasizes the importance of being open-minded, reasonable and accommodating. These civic virtues are necessary if we (...) are to treat others as equals when decisions are made concerning the use of political power, power that will influence the life prospects of everyone. Deliberative democrats are thus concerned with the normative legitimacy of a democratic decision; this legitimacy depends ‘on the degree to which those affected by it have been included in the decision-making processes and have had the opportunity to influence the outcomes’. (shrink)

Where does the aspiration to retard human ageing fit in the ‘big picture’ of medical necessities and the requirements of just healthcare? Is there a duty to retard human ageing? And if so, how much should we invest in the basic science that studies the biology of ageing and could lead to interventions that modify the biological processes of human ageing? I consider two prominent accounts of equality and just healthcare – Norman Daniels's application of the principle of fair equality (...) of opportunity and Ronald Dworkin's account of equality of resources – and conclude that, once suitably amended and revised, both actually support the conclusion that anti-ageing research is important and could lead to interventions that ought to be considered ‘medical necessities’. (shrink)

Mathias Risse’s On Global Justice is a unique and important contribution to the growing literature on global justice. Risse’s approach to a variety of topics, ranging from domestic justice and common ownership of the earth, to immigration, human rights, climate change, and labour rights, is one that conceives of global justice as a philosophical problem. In this commentary I focus on a number of reservations I have about approaching global justice as a philosophical rather than an inherently practical problem. To (...) his credit Risse does acknowledge at various stages of the book that a good deal of the applied terrain he ventures into presupposes complex and contentious empirical assumptions. A greater emphasis on those points would, I believe, helpfully reveal the shortcomings of tackling intellectual property rights by appealing to Hugo Grotius’s stance on the ownership of seas, or the shortcomings of tackling health by invoking the language of human rights without acknowledging and addressing the constraints and challenges of promoting health in an aging world. (shrink)

In this paper I argue that the virtue ethics tradition can enhance the moral discourse on the ethics of prenatal genetic enhancements in distinctive and valuable ways. Virtue ethics prescribes we adopt a much more provisional stance on the issue of the moral permissibility of prenatal genetic enhancements. A stance that places great care on differentiating between the different stakes involved with developing different phenotypes in our children and the different possible means (environmental vs. genetic manipulation) available to parents for (...) pursuing legitimate concerns of parental love and virtue. Key components of the virtue ethics account of morality, such as the Aristotelian account of happiness, love and the doctrine of the mean, provide an adequate basis for rejecting the claim that it is morally impermissible for parents to pursue (safe and effective) prenatal enhancements. Furthermore, there is good reason to believe that a virtue ethics account of morality could actually support the stronger claim that utilising such interventions can (in certain contexts) be morally required. (shrink)

Is it possible for a society with a market economy to be just? Unlike Marxists, egalitarian liberals believe that there are some conceivable circumstances where such a society could fulfil the requirements of social justice. A market society need not be exploitative. One proposal that has recently received much attention among political theorists is the suggestion that citizens should receive a basic income. Philippe Van Parijs's Real Freedom for All: What (if anything) can justify capitalism? presents one of the most (...) sophisticated philosophical arguments in favour of a citizens' basic income. In this paper I critically assess Van Parijs's proposal for a citizens' unconditional basic income. I develop three Rawlsian objections which cast doubt on the idea that Van Parijs's proposal can play a foundational role in a viable theory of social justice. I label these objections: (1) the objection from leisure (2) the objection from citizenship and (3) the objection from self-respect. (shrink)

Distributive justice concerns the fair distribution of the benefits and burdens of social cooperation. Opposition to higher rates of taxation, or even existing levels of taxation, are often made on grounds that such taxes are unfair burdens. This fairness argument can be given a number of further, more specific, formulations. Libertarians like Robert Nozick, for example, argue that taxation of income is unfair because it violates individual rights. Libertarians invoke an entitlement argument which presumes that the appropriate baseline of property (...) rights is pretax income. Others take issue with specific policies that are supported by taxation, such as welfare provisions, and argue that welfare reform is necessary as tax burdens are only legitimate when they satisfy some form of reciprocity thesis. In this review article I critically assess these arguments. The recent publication of The Cost of Rights: Why Liberty Depends on Taxes, The Myth of Ownership: Taxes and Justice, and The Civic Minimum: On the Rights and Obligations of Economic Citizenship help shed some light on each of these different arguments that are often invoked in defence of tax cuts. These three books are a welcome addition to debates about distributive justice as they help bridge the gap between normative theory and public policy. In addition to raising doubts about the arguments that taxation is unfair, I examine themes that raise important questions about taxation and justice- private property, welfare reform and inheritance. An examination of these themes should make it clear that the real challenge facing justice-theorists is to take scarcity seriously and thus I emphasis the shortcomings of simply endorsing a ‘cost-blind’ rights-oriented conception of justice. Such a conception of justice currently dominates debates in normative political theory. (shrink)

In Michael Sandel's latest book entitled ican republicanism, Aristotle, and Hegel, com- Democracy's Discontent (1996), he argues munitarians are critical of the individualistic that the prevailing public philosophy (what he methodology liberalism employs. Such a methcalls the procedural republic) that informs..

Those who subscribe to a prudential conception of practical reason do not believe that there is a conflict between other-regarding and self-regarding norms as the former are held to be founded on the latter. Moral conduct, they maintain, is always rationally justifiable. The reasons we should fulfil the demands of other-regarding norms are the same as those we have for fulfilling self-regarding norms. David Brink has put forth an interesting and novel account of this approach to practical reason which he (...) calls ‘metaphysical egoism’. Metaphysical egoism requires that we modify our pre-theoretical understandings of self-interest on metaphysical grounds. I critically assess Brink’s argument and claim that metaphysical egoism does not adequately function as a motive or guide for action. It is susceptible to many of the same problems which strategic egoism faces. (shrink)

Why does the world have the pattern of patriarchy it currently possesses? Why have patriarchal practices and institutions evolved and changed in the ways they have tended to over time in human societies? This paper explores these general questions by integrating a feminist analysis of patriarchy with the central insights of the functionalist interpretation of historical materialism advanced by G. A. Cohen. The paper has two central aspirations: first, to help narrow the divide between analytical Marxism and feminism by redressing (...) the former's neglect of the important role female labor has played, and continues to play, in shaping human history. Second, by developing the functionalist account of historical materialism in order to take patriarchy seriously, we can derive useful insights for diagnosing the emancipatory challenges that women face in the world today. The degree and form of patriarchy present in any particular society is determined by the productive forces it has had at its disposal. According to historical materialism, technological, material, and medical advances that ease the pressures on high fertility rates (such as the sanitation revolution, vaccinations, birth control, and so on) are the real driving forces behind the positive modulations to patriarchy witnessed in the twentieth century. (shrink)

In “Institutions and the Demands of Justice,” Liam Murphy ~1999! makes a distinction between two approaches to normative political theory. He labels these two positions “dualism” and “monism.” The former maintains that “the two practical problems of institutional design and personal conduct require, at the fundamental level, two different kinds of practical principle” ~1999: 254!. The most influential proponent of dualism is John Rawls. In A Theory of Justice Rawls defends his theory of “justice as fairness,” which recognizes a division (...) of responsibility between the principles that apply to the main social, economic and political institutions of society, and the principles that apply to individuals. Institutions are to be arranged so that citizens’ basic rights and liberties are protected and social and economic inequalities are to the greatest benefit of the least advantaged and attached to offices and positions open to all under conditions of fair equality of opportunity. The principles that apply to individuals include various principles of natural duty, as well as the principle of fairness. These principles impose on citizens a diverse array of duties and obligations, such as the duties of mutual respect and mutual aid. (shrink)

(forthcoming) Journal of Medical Licensure and Discipline. Rapid advances in human genetics raise the prospect that one day we may be able to develop genetic enhancements to promote a diverse range of phenotypes (e.g. health, intelligence, behaviour, etc.). Perhaps the biggest challenge that genetic enhancements pose for medical practitioners is that they will compel us to re-think a good deal of the conventional wisdom of the status quo. Radical enhancements are likely to have this affect for a variety of reasons. (...) Firstly, the status quo is premised (at least in large part) on a sharp distinction between treatment and enhancement; a distinction that at least some genetic enhancements will call into question. Secondly, the prospect of radical enhancements requires us to keep an open mind concerning how we conceive of the harm of non-intervention (i.e. the harm of the status quo). And thirdly, some enhancements might compromise the preservation of personal identity. All of these issues may have important consequences for State Medical Boards, ranging from the way we view the aspiration to prevent harm and ensure reasonable standards of care, to malpractice, continuing competency and medical specialization. (shrink)

What will the demands of distributive justice be in the postgenetic revolutionary world? Will genetic inheritance be regarded as socially distributed goods? This may seem a more reasonable position to assert as biotechnology progresses further toward human genetic manipulation.

It is widely agreed, claims John Horton, “that the core of the concept of toleration is the refusal, where one has the power to do so, to prohibit or seriously interfere with conduct one finds objectionable”.1 Liberals champion toleration as one of the main political virtues of a just society. The tolerant society is one which protects a diverse array of fundamental freedoms ranging from freedom of conscience and religion to freedom of expression and freedom of association. Secure in the (...) knowledge that the constitution guarantees these various freedoms, citizens can freely pursue the lifestyles they find most fulfilling, regardless of the fact that the majority of people may or may not find their.. (shrink)

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Richard Moon's The Constitutional Protection of Freedom of Expression is an insightful and comprehensive study of the right to freedom of expression in Canadian constitutional law. Moon begins by stressing the importance of the distinction between freedom of expression as a moral or political ideal and as a constitutional right. The former certainly informs the latter. But the general structure of constitutional adjudication will also play an important role in determining how these issues are resolved and this may, in turn, (...) influence our understanding of the right as a moral and political ideal. Moon focuses on the most important Canadian freedom of expression decisions which cover a wide range of topics from the regulation of racist expression and pornography to access to state and private property. (shrink)

“Three Wishes” is an exercise in what could be called interactive philosophy. It challenges the reader to discern for herself what lessons we can take from the fable, rather than explicitly laying these out beforehand. Engaging in this intellectual exercise should prove fruitful as it compels one to reflect critically upon the interconnection between distinct laudable goals as well as appreciate the role that perceived feasibility constraints play in our determination of what the fundamental principles of distributive justice are and (...) how they should be ordered. (shrink)

Over the past four decades, philosophers have tackled a broad range of topical issues in applied ethics and political theory. These range from abortion and animal rights to multiculturalism, and the distribution of wealth and income.1 There now exists a plethora of normative theories and principles that moral and political philosophers can invoke to tackle a diverse range of practical issues. Yet, oddly, science and science policy remain relatively marginalized topics in moral and political philosophy. Few normative theories take seriously (...) the question "What constitutes just science policy?". (shrink)

In this article I put forth a new interpretation of historical materialism titled the supervenient interpretation . Drawing on the insights of analytical Marxism and utilizing the concept of supervenience, I advance two central claims. First, that Marx's synchronic materialism maintains that the superstructure supervenes naturally on the economic structure. Second, that diachronic materialism maintains that the relations of production supervene naturally on the forces of production. Taken together, these two theses help bring to the fore the central tenets of (...) historical materialism. Furthermore, they help resolve what I call the problem of reductionism and the problem of verification . Key Words: Marx • historical materialism • supervenience • synchronic materialism • diachronic materialism. (shrink)

Imagination and idealism are particularly important creative epistemic virtues for the medical sciences if we hope to improve the health of the world’s ageing population. To date, imagination and idealism within the medical sciences have been dominated by a paradigm of disease control, a paradigm which has realised significant, but also limited, success. Disease control proved particularly successful in mitigating the early-life mortality risks from infectious diseases, but it has proved less successful when applied to the chronic diseases of late (...) life. The time is ripe for the emergence and prominence of a supplementary medical research paradigm, the paradigm of ‘healthy ageing’ which prioritises the goal of rate control rather than disease control. This is the difference between extending the human healthspan versus extending survival by managing the multi-morbidities, frailty and disability currently prevalent in late life. The idealism of the disease control paradigm is myopic because it ignores the health constraints imposed by the inborn ageing process itself, a biological reality which is already inflicting significant economic and disease burdens on the world’s ageing populations. Unless the medical sciences retard the rate of biological ageing, these problems will continue to be amplified as larger numbers of persons survive into late life. (shrink)

The world's aging populations face novel health challenges never experienced before in human history. The moral landscape thus needs to adapt to reflect this novel empirical reality. In this paper I take for granted one basic moral principle advanced by Peter Singer and explore the implications that empirical considerations from demography, evolutionary biology, and biogerontology have for the way we conceive of fulfilling this principle at the operational level. After bringing to the fore a number of considerations that Singer ignores, (...) such as the probability that nonintervention will result in harm and the likelihood that different kinds of extrinsic and intrinsic harms can be prevented, I argue that the aspiration to extend the human biological warranty period (by retarding the rate of aging) is a pressing moral imperative for the twenty-first century. In the final sections I briefly address some standard objections raised against life extension and conclude that, while there may be some legitimate concerns worth addressing, they are not compelling enough to provide a rational basis for forfeiting the potential health and economic benefits that could be realized by extending the biological warranty period. (shrink)

Recent advances in genetic research pose many complex problems for moral and political philosophers. On the one hand, these advances promise great things. Genetic enhancement techniques might allow us to prevent or cure a variety of debilitating diseases. But on the other hand, talk about intervening in people's genetic make-up conjures up memories of the sinister episodes of past eugenic movements. Such movements violated the most basic principles of justice. How can society capitalize on the benefits of genetic intervention and (...) yet avoid the injustices of past eugenic movements? What basic moral principles should guide public policy and individual choice concerning the use of genetic interventions? These important questions are tackled by Allen Buchanan, Dan Brock, Norman Daniels, and Daniel Wikler in From Chance to Choice: Genetics and Justice. This book brings together the thoughts of leading scholars in the field and is likely to set the agenda for serious debate on this topic. (shrink)

Contemporary Political Theory: A Reader provides an accessible introduction to the key works of major contemporary political theorists. Key theorists and writers include John Rawls, Robert Nozick, Michael Walzer, Michael Sandel, Susan Okin, Will Kymlicka, Iris Marion Young, Charles Taylor, Nancy Fraser and John Dryzek.

Colin Farrelly's central objective in writing this introductory text is to demonstrate to students the practical relevance of contemporary theoretical debates to everyday issues in policy creation and implementation and politics.

If I had to live on a desert island and could only bring three books with me, what three books would they be? That is a tough decision! The last thirty years has witnessed a real boom in normative political theory/philosophy. But if I had to choose just three books to take with me to read on a desert island they would be the three books noted below. I think each of these books are engaging projects and each has made (...) an important contribution to their respective fields. Furthermore, my attraction to these books does not stem from any agreement with their conclusions (though I am sympathetic to the concerns that motivate the projects). In fact, I disagree with a great deal of what these authors argue (that is part of my attraction to them!). These three books have had a formative impact on my own intellectual development and research interests in the past few years. (shrink)