Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism is founded on (...) a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read. (shrink)

I presented an earlier version of this paper to the Law and Philosophy Discussion Group in Los Angeles, whose members I would like to thank for their comments. In addition, I would also like to thank the following people for reading and providing written or verbal commentary on earlier drafts: Robert Mams, Rogers Albritton, G. A. Cohen, David Copp, Matthew Hanser, Craig Ihara, Brian Lee, Marc Lange, Derk Pereboom, Carol Voeller, and the Editors of Philosophy & Public Affairs. I owe (...) special thanks to Timothy Hall and Seana Shiffnn for their insightful and helpful comments. (shrink)

We argue that there is a marked shift in the moral weight of an increment in a person's well-being when one moves from a case involving only intra-personal trade-offs to a case involving only inter-personal trads-offs. This shift, we propose, is required by the separateness of persons. We also argue that the Priority View put forward by Parfit cannot account for such a shift. We also outline two alternative views, an egalitarian view and a claims-based view, that can account for (...) this shift. (shrink)

We discuss two leading theories of distributive justice: egalitarianism and prioritarianism. We argue that while each has particular merits and shortcomings, egalitarian views more fully satisfy a key requirement of distributive justice: respect for both the unity of the individual and the separateness of persons.

In a recent review essay of a two volume anthology on left-libertarianism (edited by two of us), Barbara Fried has insightfully laid out most of the core issues that confront left-libertarianism. We are each left-libertarians, and we would like to take this opportunity to address some of the general issues that she raises. We shall focus, as Fried does much of the time, on the question of whether left-libertarianism is a well-defined and distinct alternative to existing forms of liberal egalitarianism. (...) More specifically, we shall address the following fundamental issues raised by Fried (and others): (1) Does the notion self-ownership have any determinate content? (2) What is the relation between self-ownership and world ownership? (3) How is left-libertarianism different from other forms of liberal egalitarianism (e.g., those of Rawls and Dworkin)? (shrink)

I defend an incompatibilist 'Principle of Avoidable Blame' according to which one is blameworthy for performing an act of a given type only if one could instead have behaved in a manner for which one would have been blameless. First, I demonstrate that this principle is resistant to Harry Frankfurt-type counterexample. Second, I present a positive argument for this principle that appeals to the relation of blame to the 'reactive attitude' of indignation. Finally, I argue against the possibility of blamelessly (...) stumbling into a 'moral blind alley' where one would be blameworthy for whatever one is capable of doing. (shrink)

Over the past decade philosophers of biology have discussed whether evolutionary theory is a causal theory or a phenomenological study of evolution based solely on the statistical features of a population. This article reviews this controversy from three aspects, respectively concerning the assumptions, applications, and explanations of evolutionary theory, with a view to arriving at a definite conclusion in each contention. In so doing I also argue that an implicit methodological assumption shared by both sides of the debate, namely the (...) overconfidence in conceptual analysis as a tool to understand the scientific theory, is the real culprit that has both generated the problem and precluded its solution for such a long time. (shrink)

In "What We Owe to Each Other", T. M. Scanlon argues that one should save the greater number when faced with the choice between saving one life and two or more different lives. It is, Scanlon claims, a virtue of this argument that it does not appeal to the claims of groups of individuals but only to the claims of individuals. I demonstrate that this argument for saving the greater number, indeed, depends, contrary to what Scanlon says, upon an appeal (...) to the claim of a group of individuals to be saved. (shrink)

I argue that prioritarianism cannot be assessed in abstraction from an account of the measure of utility. Rather, the soundness of this view crucially depends on what counts as a greater, lesser, or equal increase in a person’s utility. In particular, prioritarianism cannot accommodate a normatively compelling measure of utility that is captured by the axioms of John von Neumann and Oskar Morgenstern’s expected utility theory. Nor can it accommodate a plausible and elegant generalization of this theory that has been (...) offered in response to challenges to von Neumann and Morgenstern. This is, I think, a theoretically interesting and unexpected source of difficulty for prioritarianism, which I explore in this article. (shrink)

The causal nature of evolution is one of the central topics in the philosophy of biology. The issue concerns whether equations used in evolutionary genetics point to some causal processes or purely phenomenological patterns. To address this question the present article builds well-defined causal models that underlie standard equations in evolutionary genetics. These models are based on minimal and biologically plausible hypotheses about selection and reproduction, and generate statistics to predict evolutionary changes. The causal reconstruction of the evolutionary principles shows (...) adaptive evolution as a genuine causal process, where fitness and selection are both causes of evolution. 1 Introduction2 The Philosophical Puzzle3 Causal Models4 Causal Foundations of Evolutionary Genetics4.1 Univariate quantitative genetics model4.1.1 The causal graph4.1.2 Structural equations4.1.3 Deriving evolutionary transition functions4.2 One-locus population genetics model5 Evolution as a Causal Process5.1 Selection as a causal process5.2 Causes of evolutionary change6 Conclusion. (shrink)

In the Trolley Case (Figure 1), as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley (i.e. tram) is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

Philosophy & Public Affairs, 34 (2006): 109-35.

I thank the members of the Law and Philosophy Discussion Group in Los Angeles and those who attended a talk sponsored by the philosophy department at New York University, where I presented earlier versions of this paper. I would also like to thank G. A. Cohen, Stephen Munzer, Seana Shiffrin, Peter Vallentyne, Andrew Williams, and the editors of Philosophy & Public Affairs, who read and provided written commentary on earlier drafts.

The causal nature of evolution is one of the central topics in the philosophy of biology. The issue concerns whether equations used in evolutionary genetics point to some causal processes or purely phenomenological patterns. To address this question the present article builds well-defined causal models that underlie standard equations in evolutionary genetics. These models are based on minimal and biologically plausible hypotheses about selection and reproduction, and generate statistics to predict evolutionary changes. The causal reconstruction of the evolutionary principles shows (...) adaptive evolution as a genuine causal process, where fitness and selection are both causes of evolution. 1 Introduction2 The Philosophical Puzzle3 Causal Models4 Causal Foundations of Evolutionary Genetics4.1 Univariate quantitative genetics model4.1.1 The causal graph4.1.2 Structural equations4.1.3 Deriving evolutionary transition functions4.2 One-locus population genetics model5 Evolution as a Causal Process5.1 Selection as a causal process5.2 Causes of evolutionary change6 Conclusion. (shrink)

For a prioritarian by contrast to a utilitarian, whether a certain quantity of utility falls within the boundary of one person's life or another's makes the following moral difference: the worse the life of a person who could receive a given benefit, the stronger moral reason we have to confer this benefit on this person. It would seem, therefore, that prioritarianism succeeds, where utilitarianism fails, to ‘take seriously the distinction between persons’. Yet I show that, contrary to these appearances, prioritarianism (...) fails, in ways strikingly parallel to those in which utilitarianism fails, to take this distinction seriously. In so doing, I draw on and develop an earlier critique of prioritarianism by disentangling and pressing two distinct separateness-of-persons objections offered there. One objection is that prioritarianism is insensitive to ‘prudential justifications’. The other is that it is insensitive to the competing claims of different individuals. (shrink)

In this article, I argue that it makes a moral difference whether an individual is worse off than she could have been. Here, I part company with consequentialists such as Parfit and side with contractualists such as Scanlon. But, unlike some contractualists, I reject the view that all that matters is whether a principle can be justified to each particular individual, where such a justification is attentive to her interests, complaints and other claims. The anonymous goodness of a distribution also (...) matters. My attempt to reconcile contractualist and consequentialist approaches proceeds via a serious of reflections on cases. (shrink)

Ernst Mayr’s classical work on the nature of causation in biology has had a huge influence on biologists as well as philosophers. Although his distinction between proximate and ultimate causation recently came under criticism from those who emphasize the role of development in evolutionary processes, the formal relationship between these two notions remains elusive. Using causal graph theory, this paper offers a unified framework to systematically translate a given “proximate” causal structure into an “ultimate” evolutionary response, and illustrates evolutionary implications (...) of various kinds of causal mechanisms including epigenetic inheritance, maternal effects, and niche construction. These results not only reveal the essential interplay between proximate and ultimate causation in the study of evolution, but also provide a formal method to evaluate or discover non-standard or yet unknown evolutionary phenomena. (shrink)

We critically examine Denis Walsh’s latest attack on the causalist view of fitness. Relying on Judea Pearl’s Sure-Thing Principle and geneticist John Gillespie’s model for fitness, Walsh has argued that the causal interpretation of fitness results in a reductio. We show that his conclusion only follows from misuse of the models, that is, (1) the disregard of the real biological bearing of the population-size parameter in Gillespie’s model and (2) the confusion of the distinction between ordinary probability and Pearl’s causal (...) probability. Properly understood, the models used by Walsh do not threaten the causalist view of fitness. (shrink)

The aim of this article is to refute Ronald Dworkin's claim that the provision of an equal opportunity to insure against risks is sufficient to render differences in people's circumstances that are the result of luck consistent with his theory of equality of resources. Section I addresses bad luck in the circumstances of individuals in the form of mental or physical incapacitation resulting from the vicissitudes of nature. Section II addresses bad luck which is the result of the choices of (...) other individuals to give or bequeath. (shrink)

Suppose that each of the following four conditions obtains: 1. You can save either a greater or a lesser number of innocent people from (equally) serious harm. 2. You can do so at trivial cost to yourself. 3. If you act to save, then the harm you prevent is harm that would not have been prevented if you had done nothing. 4. All other things are equal. A skeptic about saving the greater number rejects the common-sensical claim that you have (...) a duty to save the greater number in such circumstances. (shrink)

'Moral luck' refers to the phenomenon whereby one's degree of blameworthiness for what one has done varies on account of factors beyond one's control. Applying concepts of Dworkin's from the domain of distributive justice, I draw a distinction between 'option moral luck,' which is that to which one has exposed oneself as the result of one's voluntary choices, and 'brute moral luck,' which is that which is unchosen and unavoidable. I argue that option moral luck is not ruled out on (...) grounds of unfairness. I also offer a non-fairness-based rejection of brute moral luck and defense of option moral luck. (shrink)

Some are blameless for posing a threat to the live of another because they are not morally responsible for being a threat. Others are blameless in spite of their responsibility. On what has come to be known as the "moral responsibility account" of liability to defensive killing, it is such responsibility, rather than blameworthiness, for threatening another that renders one liable to defensive killing. Moreover, one's lack of responsibility for being a threat grounds one's nonliability to defensive killing. In "Killing (...) the Innocent in Self-Defense" (1994), I offered an early formulation and defense of such an account. In Section I of this chapter, I renew my defense of the claim that it is impermissible to kill a passive nonresponsible threat in self-defense. In Section II, I renew my defense of the claim that it is permissible to kill a blameless but morally responsible threat in self-defense. (shrink)

Most deontologists find bedrock in the Pauline doctrine that it is morally objectionable to do evil in order that good will come of it. Uncontroversially, this doctrine condemns the killing of an innocent person simply in order to maximize the sum total of happiness. It rules out the conscription of a worker to his or her certain death in order to repair a fault that is interfering with the live broadcast of a World Cup match that a billion spectators have (...) been enjoying. It rules out such sacrifice even if it would maximize the sum total of everyone's happiness. An act utilitarian, by contrast, would require the sacrifice of the one whenever this latter condition obtains, since such a utilitarian is committed to the view that one ought always to act so as to bring about the greatest sum total of happiness. An act utilitarian might, however, consistently hold that a large number of rather insignificant pleasures, such as that which a spectator derives from witnessing men in shorts running around and kicking a ball, is never sufficient to justify the infliction of a great harm on a single individual. 4 He might take such a position without abandoning utilitarianism by denying that the sum total of such minor pleasures could ever be sufficiently great to outweigh the harm of death to the one. Under the inspiration of John Stuart Mill, a utilitarian might draw a more general distinction between serious and trivial harms and pleasures and maintain that no amount of a trivial pleasure could ever amount to a sum of happiness that is greater than the disutility of a serious harm. (shrink)

G. A. Cohen was one of the most gifted, influential, and progressive voices in contemporary political philosophy. At the time of his death in 2009, he had plans to bring together a number of his most significant papers. This is the first of three volumes to realize those plans. Drawing on three decades of work, it contains previously uncollected articles that have shaped many of the central debates in political philosophy, as well as papers published here for the first time. (...) In these pieces, Cohen asks what egalitarians have most reason to equalize, he considers the relationship between freedom and property, and he reflects upon ideal theory and political practice.Included here are classic essays such as "Equality of What?" and "Capitalism, Freedom, and the Proletariat," along with more recent contributions such as "Fairness and Legitimacy in Justice," "Freedom and Money," and the previously unpublished "How to Do Political Philosophy." On ample display throughout are the clarity, rigor, conviction, and wit for which Cohen was renowned. Together, these essays demonstrate how his work provides a powerful account of liberty and equality to the left of Ronald Dworkin, John Rawls, Amartya Sen, and Isaiah Berlin. (shrink)

An argument against Parfit's view (in his chapter of Reasons and Persons on five mistakes in moral mathematics) that, rather than maximizing the difference one makes as an individual, one should join that group whose members together make the most positive difference in cases involving imperceptible benefits. It is shown how Parfit's defence of this view has the problematic implication either (1) that each outcome is less beneficial than itself or (2) that "less beneficial than" is not transitive.

Inequality is intrinsically bad when and because it is unfair. It follows that the ideal of equality is not necessarily realised by a distribution of resources which is envy-free prior to the resolution of risks against which people have an equal opportunity to insure. Even if the upshot of such an ex ante envyfree distribution is just, it is not necessarily fair.

In the Trolley Case (Figure 1), as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley (i.e. tram) is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

In the Trolley Case, as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

Cohen endorses the coercive taxation of the talented at a progressive rate for the sake of realizing equality. By contrast, he denies that it is legitimate for the state to engage in the 'Stalinist forcing' of people into one or another line of work in order to bring about a more egalitarian society. He rejects such occupational conscription on grounds of the invasiveness of the gathering and acting upon information regarding people's preferences for different types of work that would be (...) required to implement such a policy. More precisely, Cohen maintains that the presence versus the absence of such intrusion explains why such Stalinist forcing of the talented is unacceptable whereas the progressive taxation of their income is legitimate. I argue that Cohen's appeal to invasiveness does not adequately capture the moral repugnance of the state's conscripting people into work at a given occupation. I propose that a right to self-ownership, and that which explains such a right, provides a better explanation than Cohen's of why Stalinist forcing is objectionable, whereas progressive taxation is not. 1. (shrink)

I propose a new account of homology, according to which homology is a correspondence of developmental mechanisms due to common ancestry, formally defined as an isomorphism of causal graphs over lineages. The semiformal definition highlights the role of homology as a higher-order principle unifying evolutionary models and also provides definite meanings to concepts like constraints, evolvability, and novelty. The novel interpretation of homology suggests a broad perspective that accommodates evolutionary developmental biology and traditional population genetics as distinct but complementary approaches (...) to understand evolution, prompting further empirical and theoretical research. (shrink)

In 'Why It Matters that Some Are Worse off than Others,' we offer a new critique of the Priority View. In a recent article, Roger Crisp has argued that our critique is flawed. In this reply, we show that Crisp fails to grapple with, much less defeat, the central claim of our critique. We also show that an example that Crisp offers in support of the Priority View in fact lends support to our critique of that view.

Rawlsian justice as fairness is neither fundamentally luck egalitarian nor relational egalitarian. Rather, the most fundamental idea is that of society as a fair system of cooperation. Collective pensions provide a case study which illustrates the fruitfulness of conceiving justice in these latter terms. Those who have recently reached the age of majority do not now know how long they will live in retirement or how well any investments they try to save up for their retirement would fare. From the (...) perspective of the beginning of their working lives, it is therefore rational for each to enter into an agreement with others, who also do not yet know their fates, that, if one turns out to be among the unfortunate whose private pension pots would not have yielded enough for one’s retirement, one will receive much more in retirement, whereas those whose pension pots would have overflowed their retirements will receive somewhat less. These terms are to each person’s expected advantage, which is made possible by a fair sharing of the fruits of social cooperation which arise through the efficiencies reaped by the pooling of the risk of outliving what one could save for one’s retirement on one’s own. It is rational for each to agree to share one another’s fates by pooling risks across both space and time, on fair terms of social cooperation for mutual advantage. Even when collective pensions arise from, and are proportional to, a baseline of unequal income, they can be defended on grounds of reciprocity involving regard for one another as equals. (shrink)

A critical examination of Parfit's attempt to reconcile Kantian contractualism with consequentialism, which disputes his contention that the contracting parties would lack decisive reasons to choose principles that ground prohibitions against harming of the sort to which non-consequentialists have been attracted. 1.

We show how faceted search using a combination of traditional classification systems and mixed-membership topic models can go beyond keyword search to inform resource discovery, hypothesis formulation, and argument extraction for interdisciplinary research. Our test domain is the history and philosophy of scientific work on animal mind and cognition. The methods can be generalized to other research areas and ultimately support a system for semi-automatic identification of argument structures. We provide a case study for the application of the methods to (...) the problem of identifying and extracting arguments about anthropomorphism during a critical period in the development of comparative psychology. We show how a combination of classification systems and mixed-membership models trained over large digital libraries can inform resource discovery in this domain. Through a novel approach of “drill-down” topic modeling—simultaneously reducing both the size of the corpus and the unit of analysis—we are able to reduce a large collection of fulltext volumes to a much smaller set of pages within six focal volumes containing arguments of interest to historians and philosophers of comparative psychology. The volumes identified in this way did not appear among the first ten results of the keyword search in the HathiTrust digital library and the pages bear the kind of “close reading” needed to generate original interpretations that is the heart of scholarly work in the humanities. Zooming back out, we provide a way to place the books onto a map of science originally constructed from very different data and for different purposes. The multilevel approach advances understanding of the intellectual and societal contexts in which writings are interpreted. (shrink)

The central role of mathematical modeling in modern evolutionary theory has raised a concern as to why and how abstract formulae can say anything about empirical phenomena of evolution. This Element introduces existing philosophical approaches to this problem and proposes a new account according to which evolutionary models are based on causal, and not just mathematical, assumptions. The novel account features causal models both as the Humean 'uniform nature' underlying evolutionary induction and as the organizing framework that integrates mathematical and (...) empirical assumptions into a cohesive network of beliefs that functions together to achieve epistemic goals of evolutionary biology. (shrink)

A review essay of Frances Kamm's 'Morality, Mortality', Vol. 2, 'Rights, Duties, and Status' (New York: Oxford University Press, 1996).

I assess G. A. Cohen's claim, which is central to his luck egalitarian account of distributive justice, that forcing others to pay for people's expensive indulgence is inegalitarian because it amounts to their exploitation. I argue that the forced subsidy of such indulgence may well be unfair, but any such unfairness fails to ground an egalitarian complaint. I conclude that Cohen's account of distributive justice has a non-egalitarian as well as an egalitarian aspect. Each impulse arises from an underlying commitment (...) to fairness. Cohen's account of distributive justice is therefore one of justice as fairness. (shrink)

This article characterizes various species concepts in terms of set-theoretic models that license biological inferences and illustrates the logical connections among different species concepts. Species in this construal are abstract models, rather than biological or even tangible entities, and relate to individual organisms via representation, rather than the membership or mereological whole/part relationship. The proposal sheds new light on vexed issues of species and situates them within broader philosophical contexts of model selection, scientific representation, and scientific realism.

Dworkin's reconciliation of liberty and equality in chapter 3 of 'Sovereign Virtue' presupposes the compossibility of the satisfaction of the envy test and the realization of the principle of abstraction. It is, however, impossible to realize a distribution that is both envy-free and maximally sensitive to plans and preferences. When this conflict between the envy test and the principle of abstraction is brought to light, it will become apparent that Dworkin falls short of a complete reconciliation of liberty and equality.

Scientific conflicts often stem from differences in the conceptual framework through which scientists view and understand their own field. In this chapter, I analyze the ontological and methodological assumptions of three traditions in evolutionary biology, namely, Ernst Mayr’s population thinking, the gene-centered view of the Modern Syn thesis, and the Extended Evolutionary Synthesis. Each of these frameworks presupposes a different account of "evolutionary causes," and this discrepancy prevents mutual understanding and objective evaluation in the recent contention surrounding the EES. From (...) this perspective, the chapter characterizes the EES research program as an attempt to introduce causal structures beyond genes as additional units of evolution, and compares its research methodology and objectives with those of the traditional MS framework. (shrink)

According to philosophers who ground your anticipation of future experiences in psychological continuity and connectedness, it is rational to anticipate the experiences of someone other than yourself, such as a self that is the product of fission or of replication. In this article, I concur that it is rational to anticipate the experiences of the product of fission while denying the rationality of anticipating the experiences of a replica. In defending my position, I offer the following explanation of why you (...) have good reason to anticipate the experiences of your post-fission successor but not your replica: in the former case, you become somebody else, whereas, in the latter case, you are merely replaced by somebody else. (shrink)

I argue that the Lockean 'enough and as good' proviso provides support for egalitarian as opposed to libertarian or sufficientarian claims over worldly resources. These egalitarian claims apply to contemporary advanced industrial societies with money-based economies as well as primitive agrarian barter economies. But the full 'luck egalitarian' complement of equality of opportunity for welfare cannot be derived from a Lockean approach that focuses on our egalitarian claims to unowned bits of the world. For that, we need to reach beyond (...) Locke, and appeal to complaints of unfairness that have nothing in particular to do with our claims to worldly resources. (shrink)

Should egalitarian justice be qualified by an agent-relative prerogative to act on a preference for—and thereby in a manner that gives rise to or preserves a greater than equal share of the goods of life for—oneself, one's family, loved ones, or friends as compared with strangers? Although many would reply that the answer to this question must be ‘yes’, I shall argue here that the case for such a prerogative to depart from equality is much less far-reaching than one might (...) think. I have in mind a prerogative to depart from a specific form of equality: namely, equality of opportunity for such advantages as resources or welfare. I mean to refer to the strong form of equal opportunity elaborated and defended by Richard Arneson and G. A. Cohen whereby, roughly speaking, two people have equal opportunity for advantage if they face the same choices and will end up at the same level of advantage if they make the same choices. (shrink)

This chapter contains section titled: I II III IV Acknowledgement.

In his restriction of prioritarianism to cases in which the same people would exist in all the possible outcomes, Parfit stakes out an unstable position, both for himself and more generally. There is no plausible rationale for a prioritarianism that is so restricted, which is consistent with the key features of Parfit’s elaboration and defence of this view and his other commitments. The principles that might be appealed to, in an attempt to justify such a restriction, give rise to a (...) different view—one that is sensitive to the presence or absence of the competing claims of different individuals, where both the existence and the magnitude of these claims are determined by gains and losses to individuals in a manner that is not fully captured by Parfit’s prioritarian weighting. (shrink)