David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In (...) this paper, I examine the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

Basic rights are often of great instrumental value in securing protection for important human needs and interests. The first two sections of this paper defend the thesis that basic rights are also valuable independently of their instrumental role. Taking my cue from Frances Kamm's suggestion that basic rights reflect or express human worth, in the third, fourth and fifth sections I develop the proposal that the non-instrumental value of basic rights derives (...) from their constitutive role in a universal form of community or fellowship. The importance of basic rights' instrumental role is reaffi rmed in the final section of the paper, which builds on the earlier sections to offer a 'mixed' theory according to which basic rights have both instrumental and non-instrumental value. (shrink)

Many influential philosophers have claimed that truth is valuable, indeed so valuable as to be the ultimate standard of correctness for intellectual activity. Yet most philosophers also think that truth is only instrumentally valuable. These commitments make for a strange pair. One would have thought that an ultimate standard would enjoy more than just instrumental value. This paper develops a new argument for the non-instrumental value of truth: (1) inquiry is non-instrumentally valuable; and (2) truth (...) inherits some of its value from the value of inquiry. This makes truth finally but extrinsically valuable, a thesis that to my knowledge has not been directly defended in the literature. I support (1) by appeal to the notion of epistemic injustice, and (2) through the surprising claim that some goals get their value from the pursuit that aims at them. (shrink)

Journal of Political Philosophy, EarlyView.

Environmentalists care about nature. Often, they reason and act as if they consider nature to be valuable for its own sake, i.e., to have non-instrumental value. Yet, there is a rather widespread reluctance, even among environmentalists, to explicitly ascribe such value to nature. One important explanation of this is probably the thought that it would be mysterious in one way or another if nature possessed such value. In addition, Bryan Norton’s influential convergence hypothesis states that, from (...) a practical point of view, it makes no or little difference whether we ascribe non-instrumental value to nature, given the depth and variety of instrumental value that it possesses. In this paper we provide a counterfactual argument, applying to anyone who genuinely cares about nature, for endorsing non-instrumental value in it. Even if we accept, for the sake of argument, something like the convergence hypothesis, relying on nature’s instrumental value for preservational purposes is risky business for environmentalists. We also briefly consider the mysteriousness-objection to non-instrumental value in nature. We show that with respect to most accounts of non-instrumental value, there is nothing particularly mysterious about nature possessing such value. (shrink)

Some environmental ethicists believe that nature as whole has intrinsic value. One reason they do is because they are struck by the extent to which nature and natural processes give rise to so much that has intrinsic value. The underlying thought is that the value -producing work that nature performs, its instrumentality, imbues nature with a value that is more than merely instrumental. This inference, from instrumental value to a noninstrumental value, has (...) been criticized. After all, it seems to rely on the bizarre idea that a thing’s instrumental value could be a basis for it’s intrinsic value. This idea, however, is not as easy to dismiss as many might think. Review of the obvious arguments that might be deployed to defeat it shows that they have to be rejected, suggesting that a thing’s instrumental value could be, and arguably is, a basis for it’s intrinsic value. Defending this apparently bizarre idea provides a way of justifying the claim that nature as a whole has intrinsic value. (shrink)

Some environmental ethicists believe that nature as whole has intrinsic value. One reason they do is because they are struck by the extent to which nature and natural processes give rise to so much that has intrinsic value. The underlying thought is that the value-producing work that nature performs, its instrumentality, imbues nature with a value that is more than merely instrumental. This inference, from instrumental value to a noninstrumental value, has been (...) criticized. After all, it seems to rely on the bizarre idea that a thing’s instrumental value could be a basis for it’s intrinsic value. This idea, however, is not as easy to dismiss as many might think. Review of the obvious arguments that might be deployed to defeat it shows that they have to be rejected, suggesting that a thing’s instrumental value could be, and arguably is, a basis for it’s intrinsic value. Defending this apparently bizarre idea provides a way of justifying the claim that nature as a whole has intrinsic value. (shrink)

I distinguish four current strategies for integrating a rhetorical perspective within normative models for argumentation. Then I propose and argue for a fifth one by defending a conception of acts of arguing as having a rhetorical dimension that provides conditions for characterizing good argumentation, understood as argumentation that justifies a target-claim.

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core (...) civil liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

Few have discussed Rawls's arguments for the value of democracy. This is because his arguments, as arguments that the principle of equal basic liberty should include democratic liberties, are incomplete. Rawls says little about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. And, at times, what he does say is unconvincing. My aim is to complete and, where they fail, to reconceive Rawls's arguments and to show (...) that a principle requiring equal political liberty and its fair value is an appropriate component of his theory of justice. (shrink)

In this essay, I consider the relationship between the rights to privacy and security and argue that, in a sense to be made somewhat more precise below, that threats to the right to security outweighs comparable threats to privacy. My argument begins with an assessment of ordinary case judgments and an explanation of the important moral distinction between intrinsic value (i.e., value as an end) and instrumental value (i.e., value as a means), arguing (...) that each approach assigns more moral value, other things being equal, to security interests than to privacy interests. I then consider the issue from with a number of mainstream approaches to normative theories of state legitimacy, including social contract theories (new and old), utilitarian theories, Scanlon's contractualism, and various communitarian theories assign security rights a higher place on the moral hierarchy than privacy rights. I then conclude that, under ordinary intuitions and each of these theories, security interests trump (or outweigh) privacy interests when the two come into “direct” conflict – although I make no attempt to give an algorithm or theory for answering the important question of when these interests come into direct conflict and how to weigh them when, say, minor interests in security conflict with major interests in privacy. (shrink)

Professional environmental ethics arose directly out of the interest in the environment created by Earth Day in 1970. At that time many environmentalists, primarily because they had read Aldo Leopold’s essay, “The Land Ethic,” were convinced that the foundations of environmental problems were philosophical. Moreover, these environmentalists were dissatisfied with the instrumental arguments based on human use and benefit—which they felt compelled to invoke in defense of nature—because they thought these arguments were part of the problem. Wanting to counter (...) instrumental arguments in some way with non- or even anti-instrumental arguments, and unable to think of anything else to say, they began wistfully suggesting that perhaps nature had or ought to have rights. When professional environmental ethics came into its own in the early 1980s, rights for nature were one of the first subjects to be debated in detail. Unfortunately, however, no one could come up with a theory to support such rights attributions. Nevertheless, because rights had been invoked by environmentalists to challenge the preeminent role of instrumental value arguments, and because the field of environmental ethics developed in support of environmental concerns and arguments, environmental ethicists turned to an examination of noninstrumental or intrinsic value arguments for the preservation of nature. (shrink)

Beginning with Margaret Somers and Christopher Roberts’ review of the sociology of human rights and Bryan Turner and Malcolm Waters’ debate therein, the author presents some of the questions which have been so far been the focus of this sociological sub-discipline. This review raises the question of ‘rights’ as a subject of study, and the normative consequences therein. From here, the author introduces recognition theory as a potential participant in these discussions around human rights. The author traces (...) recognition theory from its Hegelian origins to the work of Axel Honneth, and the critiques of Nancy Fraser, Frantz Fanon, and Glen Sean Coulthard. Despite Fanon and Coulthard’s critical accounts, they reinforce the value of recognition within any sociology of human rights. Lastly, the author briefly engages with Alasdair MacIntyre as both a dialogical participant, and a means towards dialogue in the first place between recognition theory and human rights. Concluding, the author argues that the normative and descriptive nature of recognition theory offers a useful tool to aid in sociological theorizations of human nature and rights, while addressing some of the problems raised by early theorists of the sub-discipline and preventing siloing of the sub-discipline within a universalist or particularist vein. (shrink)

Might there be knowledge of non-instrumental values? Arguments are give for two principal claims. One is that if there is such knowledge, it typically will have features that do not entirely match those of other kinds of knowledge. It will have a closer relation to the kind of person one is or becomes, and in the way it combines features of knowing-how with knowing-that. There also are problems of indeterminacy of non-instrumental value which are not commonly found (...) in other things that we can know about. The second claim is that there is a strong prima-facie case for holding that there is such knowledge, and that the usual arguments against this are all faulty. (shrink)

As Kant claimed in the Groundwork, and as the idea has been developed by Korsgaard 1997, Bratman 1987, and Broome 2002. This formulation is agnostic on whether reasons for ends derive from our desiring those ends, or from the relation of those ends to things of independent value. However, desire-based theorists may deny, against Hubin 1999, that their theory is a combination of a principle of instrumental transmission and the principle that reasons for ends are provided by desires. (...) Instead, they may say, there is just one principle, a principle of, if you will, instrumental transmutation: if one desires the end, then one has reason to take the means. See the discussion of General Production, in section 8, for a doubt about this. (shrink)

Might there be knowledge of non‐instrumental values? Arguments are give for two principal claims. One is that if there is such knowledge, it typically will have features that do not entirely match those of other kinds of knowledge. It will have a closer relation to the kind of person one is or becomes, and in the way it combines features of knowing‐how with knowing‐that. There also are problems of indeterminacy of non‐instrumental value which are not commonly found (...) in other things that we can know about. The second claim is that there is a strong prima‐facie case for holding that there is such knowledge, and that the usual arguments against this are all faulty. (shrink)

This article explores and critiques Ronald Dworkin's arguments on the value of integrity in law. Dworkin presents integrity in both legislation and adjudication as holding inherent political value. I defend an alternative theory of the value of integrity, according to which integrity holds instrumental value as part of a legal framework that seeks to realise a particular set of basic values taken to underpin the legal system as a whole. It is argued that this (...) class='Hi'>instrumental-value theory explains the value of integrity more satisfactorily than Dworkin's inherent-value account. The article concludes with a discussion of Dworkin's 'one right answer thesis'. Although the proposed theory of integrity does not support a strong version of Dworkin's thesis, it does suggest that there will be a single correct answer to legal questions more often than for normative deliberation generally. (shrink)

Christine Korsgaard’s argument for the claim that one should not only value one’s own humanity but also the humanity of all other persons, ‘the publicity of reasons argument’, has been heavily criticized and I believe rightly so. However, both in an early paper and in her most recent work, Korsgaard does not rely on controversial, Wittgensteinian ideas regarding the publicity of reasons, but instead she uses a different argument to justify interpersonal morality, which I will refer (...) to as ‘the argument from the sufficiency of agency’. The goal of this paper is to evaluate whether the argument from the sufficiency of agency can succeed where the publicity of reasons argument fails. I will argue that although the argument from the sufficiency of agency is potentially more promising, it fails to justify a categorical and universal principle of interpersonal morality. I argue, however, that this failure has less to do with the argument from the sufficiency of agency itself and more with Korsgaard’s specific version of it. This leaves open the possibility that other Kantian constructivist arguments from the sufficiency of agency might be more successful. (shrink)

This review article discusses the conception of collective rights necessary to ground contemporary entrenchments of minority educational rights, Indigenous rights and collective bargaining rights, as discussed in Miodrag Jovanović’s book, Collective Rights: A Legal Theory. Jovanović argues for a role for value collectivism in elucidating a rationale for the entrenchment of rights held by what he conceives of as pre-legally existing groups with interests not reducible to those of their individual members. This approach (...) can offer an explanation for the entrenchment of minority educational rights and Indigenous rights. The article extols Jovanović’s attempt to grapple with an explanation for rights not explained within standard liberal theory, even in Will Kymlicka’s attempt to justify minority rights within liberalism. The review also critiques the argument offered by Jovanović. First, the review argues that a full-fledged adoption of value collectivism is not necessary to provide a justification for irreducibly collective rights and that the unnecessary adoption of such a theoretical construct may, in practical terms, work counter to the ongoing entrenchment of the rights it seeks to justify, thus becoming what it will categorize as a ‘self-threatening theory’. Second, the review argues that Jovanović’s stark division of rights held by pre-legally existing groups and legally constituted collective entities undermines his account’s ability to explain collective bargaining rights of trade unions that are entrenched in some jurisdictions. (shrink)

This article argues for a ban on the performance of medically unnecessary genital normalizing surgeries as part of assigning a binary sex/gender to infants with intersex conditions on the basis of autonomy, regardless of etiology. It does this via a dis/analogy with the classic case in bioethics of Jehovah Witness (JW) parents' inability to refuse life-saving blood transfusions for their minor children. Both cases address ethical medical practice in situations where parents are making irreversible medical decisions on the basis of (...) values strongly held, identity, and relationship-shaping values—such as religious beliefs or beliefs regarding the inherent value of binary sex/gender—amidst ethical pluralism. Furthermore, it takes seriously—as we must in the intersex case—that the restriction of parents' right to choose will likely result in serious harms to potentially large percentage of patients, their families, and their larger communities. I address the objection that parents' capacity to choose is restricted in the JW case on the basis of the harm principle or a duty to nonmaleficence, given that the result of parent choice would be death. I provide evidence that this is mistaken from how we treat epistemic uncertainty in the JW case and from cases in which clinicians are ethically obligated to restrict the autonomy of nonminor patients. I conclude that we restrict the parents' right to choose in the JW case—and should in the case of pediatric intersex surgery—to secure patient's future autonomy. (shrink)

Most ethics guidelines for distributing scarce medical resources during the coronavirus pandemic seek to save the most lives and the most life‐years. A patient’s prognosis is determined using a SOFA or MSOFA score to measure likelihood of survival to discharge, as well as a consideration of relevant comorbidities and their effects on likelihood of survival up to one or five years. Although some guidelines use age as a tiebreaker when two patients’ prognoses are identical, others refuse to consider age for (...) fear of discriminating against the elderly. In this paper, I argue that age is directly relevant for maximizing health benefits, so current ethics guidelines are wrongly excluding or deemphasizing life‐stage in their triage algorithms. Research on COVID‐19 has shown that age is a risk factor in adverse outcomes, independent of comorbidities. And limiting a consideration of life‐years to only one or five years past discharge does not maximize health benefits. Therefore, based on their own stated values, triage algorithms for coronavirus patients ought to include life‐stage as a primary consideration, along with the SOFA score and comorbidities, rather than excluding it or using it merely as a tiebreaker. This is not discriminatory because patients ought to have equal opportunity to experience life‐stages. The equitable enforcement of that right justifies unequal treatment based on age in cases when there is a scarcity of life‐saving resources. A consideration of life‐stage would thus allow healthcare workers to responsibly steward public resources in order to maximize lives and life‐years saved. (shrink)

While human rights treaties provide a formidable set of principles on education and values, domestic Courts often tend to adjudicate claims in terms of local arguments for or against each particular educational practice. This article explores how international human rights law could inspire the interpretation of domestic law and educational practice, without neglecting specific cultural aspects. Firstly, the article reviews the sociological debate on values in education and shows its importance for the legal discussion. Secondly, some critical contestations (...) of international cultural human rights are outlined, as well as certain arguments to justify the importance of this model. The study of international law follows: the UN, the European Court of Human Rights, and three relevant African Charters, as well as every reference to education made by the African Commission on Human and Peoples’ Rights and by the African Court is examined. Lastly, a comparative section reveals a certain cultural commonality inspired by the UN treaties, but also reflects some cultural and institutional differences between the European and the African regional systems. (shrink)

In both The Right and the Good and The Foundations of Ethics, W. D. Ross maintains that any amount of the non-instrumental value of virtue outweighs any amount of the non-instrumental value of pleasure or avoidance of pain. The chapter raises two challenges to the status that Ross accords the value of virtue relative to the value of pleasure (pain). First, it argues that Ross fails to provide a good argument for thinking that (...) virtue is always better than pleasure and that it is in any case implausible to think that any amount of virtue (or avoidance of vice) is better than the avoidance of any amount of pain or suffering. Second, it argues that the inflexibility of Ross’s value theory exhibited in his claim about the relative value of virtue produces tension with and mars the attractive heterarchical structure of his theory of rightness or prima facie duties. (shrink)

Gillian Brock’s compelling and richly textured new book aims to set out a human-rights-based framework for thinking about justice in migration. There is much to celebrate in these chapters, not least Brock’s masterful effort at weaving together her basic justificatory framework with real-world political concerns. In this article, I query the focus she places on self-determination in setting out the basic normative argument elaborated in Chapters 2, 3, and 9. In particular, I will wonder whether she gives the (...) collective self-determination of a people anything more than instrumental value, and so whether she is able to distance herself from so-called proponents of “open borders”. (shrink)

The ecosystem services argument is a highly publicised instrumental argument for protecting biodiversity. I develop a new objection to this argument based on the lack of a causal connection from global species losses to local ecosystem changes. I survey some alternative formulations of services arguments, including ones incorporating option value or a precautionary principle, and show that they do not fare much better than the standard version. I conclude that environmental thinkers should rely less on (...) ecosystem services as a means to defend biodiversity, and that attention should be focused on additional types of value which might be attributed to global biodiversity. (shrink)

Natural rights theorists such as John Locke and Robert Nozick provide arguments for limited government that are grounded on the individual's possession of natural rights to life, liberty, and property. Resting on natural rights, such arguments can be no more persuasive than the underlying arguments for the existence of such rights, which are notoriously weak. In this article, John Hasnas offers an alternative conception of natural rights, “empirical natural rights,” that are not beset by (...) the objections typically raised against traditional natural rights. Empirical natural rights are rights that evolve in the state of nature rather than those that individuals are antecedently endowed with in that state. Professor Hasnas argues that empirical natural rights are true natural rights, that is, pre-political rights with natural grounds that can be possessed in the state of nature, and that, when taken together, they form a close approximation of the Lockean rights to life, liberty, and property. He furthers argues that empirical natural rights are normatively well-grounded because respecting them is productive of social peace, which possesses instrumental moral value regardless of one's conception inherent value. Professor Hasnas thus offers his conception of rights as solved problems as an alternative and potentially more secure footing for the traditional natural rights arguments for limited government associated with Locke and Nozick. Footnotesa I wish to thank my fellow contributors to this volume, Ellen Frankel Paul, and Ann C. Tunstall of SciLucent, LLC, for their exceedingly helpful comments on an earlier draft of this essay, and Annette Hasnas for the keen insight she provided into how human beings behave in the state of nature. (shrink)

Henry Shue’s model of basic rights and their correlative duties provides an excellent framework for analysing the requirements of global distributive justice, and for theorising about the minimum acceptable standards of human entitlement and wellbeing. Shue bases his model on the claim that certain ‘basic’ rights are of universal instrumental value, and are necessary for the enjoyment of any other rights, and of any ‘decent life’. Shue’s model provides a comprehensive argument about the importance (...) of certain fundamental goods for all human lives, though he does not consider health or health care in any significant detail. Adopting Shue’s model, I argue that access to health care is of sufficient importance to the enjoyment of any other rights that it qualifies as what Shue describes as a ‘basic’ right. I also argue that the basic right to health care is compatible with the basic rights model, and is required by it in order to for it to achieve its goal of enabling right holders to enjoy any decent life. In making this claim I also explore the requirements of the basic right to health care in terms of Shue’s triumvirate of duties and with reference to several key examples. (shrink)

In a number of writings, Cass Sunstein has argued that we should use cost-benefit analysis as our primary approach to risk management, because cost-benefit analysis corrects for the cognitive biases that mar our thinking about risk. The paper critically evaluates this ‘cognitive argument for cost-benefit analysis’ and finds it wanting. Once we make distinctions between different cognitive errors and between different aspects of cost-benefit analysis, it becomes apparent that there are really two cognitive arguments, neither of which is successful (...) as arguments for cost-benefit analysis as a whole. One argument shows that the analysis aspect of cost-benefit analysis is warranted because it corrects for false beliefs about the magnitudes of risk and for the neglect of some costs. While this is a sound argument, it does not provide an argument for other aspects of cost-benefit analysis. The second argument purports to show that commensurating and monetizing the values of the effects of regulation is warranted because it corrects for the use of widely diverging values of a statistical life. This argument fails because the use of widely diverging values of a statistical life is not a cognitive error: It is neither precluded by considerations of instrumental rationality, nor by the requirement of treating like cases alike. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions (...) supported by the relevant reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

Faced with the choice between saving one person and saving two others, what should we do? It seems intuitively plausible that we ought to save the two, and many forms of consequentialists offer a straightforward rationale for the intuition by appealing to interpersonal aggregation. But still many other philosophers attempt to provide a justification for the duty to save the greater number without combining utilities or claims of separate individuals. I argue against one such attempt proposed by Iwao Hirose. Despite (...) being consequentialist, his argument is aggregation-free since it relies on a non-aggregative value judgement method, instead of interpersonal aggregation, to establish that (other things being equal) a state of affairs is better when more people survive therein. I do not take issue with its consequentialist element; rather, I claim that there is no good reason to adopt the method in question, and thus no good reason to be moved by his argument overall. What we are in search of is not merely a logically possible method that can produce the conclusion that we already want, but one that we have good reason to adopt. Hirose's argument elegantly demonstrates how it could possibly be true that it is right to save the greater number; but it fails to show that we have reason to believe so - even when we do not combine the interests of different individuals. (shrink)

I reply to each of the contributions in this issue. I agree with much that Hillel Steiner argues, especially his insistence that the associated ideas of impartiality and discontinuity are crucial to dealing satisfactorily with a diversity of competing claims. I am, however, less willing to conceive provision for that diversity as the role, rather than a role, that we should ascribe to rights. I question the success of David Miller’s endeavour to provide a unified justification of human (...) class='Hi'>rights grounded in the concept of need. It is the notion of a minimally decent human life, rather than need itself, that does most of the justificatory work in Miller’s argument and, arguably, that notion does not deliver a genuinely unitary account of human rights. I concede the case for state funding of opera and the arts more generally to John Horton’s argument, but defend neutralism, and its associated distinction between the right and the good, as a strategy for dealing with diversity, including cultural diversity. I resist Richard Bellamy’s attempt to ground all basic rights in democracy and suggest that his argument relies upon idealized assumptions about the functioning of democracy. I share much of his objection to substituting judicial for political decision-making but argue that a strong moral commitment to rights need not imply a shift in power from democratic processes to courts. I endorse Albert Weale’s argument for favouring a beneficial design approach over a rights approach to healthcare and to many other social goods. Rights should not monopolize our moral and political thinking. (shrink)

A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important (...) steps in the argument and then consider whether they lead to the desired conclusion. My examination reveals that the identity argument relies on the Optimal Protection Principle; however, this principle does not apply to the case of a national community. As a result, the identity argument fails to justify even a prima facie right of a national community to establish its own state. (shrink)

This chapter analyzes two facets of mindfulness for servant leadership of B-Corporations, which is an emerging form of social enterprise. One facet concerns inner states and motivations for leading business for non-instrumental reasons. This facet encompasses an ethics-in-practice dimension alongside of merely theoretical approaches, a dimension well suited for leadership of B-Corps, whose governance structure places ethics and sustainability at the center of the non-instrumental quest for the creation of social value and respect for human rights (...) by business enterprises. The motivation for care of the mindful servant leader matches the investors’ expectations of social impact for the firm. The other facet concerns leadership decisions and actions fulfilling the mission of B-Corporations in creating social value alongside of economic value for a broad spectrum of stakeholders. Concerning this second facet, mindfulness is vitally involved in that servant leaders pay attention to the whole business and its explicit social benefit, not just this or that element of the firm’s operations. The chapter advances two arguments. The first argument—tied to the first facet—posits that the virtue of mindfulness contributes a key element of non-instrumental motivation for leadership generally missing from extant leadership approaches. The second argument—tied to the second facet—addresses the decision-making side of mindfulness. It asserts that the virtue of mindfulness is especially poised to equip servant leadership for the B-Corporation movement for two vital challenges: balancing demands from multiple stakeholders; and assimilating multiple criteria and values—both financial and non-financial. (shrink)

Both arguments are based on the breakdown of normal criteria of identity in certain science-fictional circumstances. In one case, normal criteria would support the identity of person A with each of two other persons, B and C; and it is argued that, in the imagined circumstances, A=B and A=C have no truth value. In the other, a series or spectrum of cases is tailored to a sorites argument. At one end of the spectrum, persons A and B are (...) such that A=B is clearly true; at the other end, A and B are such that the identity is clearly false. In between, normal criteria of identity leave the truth or falsehood of A=B undecided, and it is argued that in these circumstances A=B has no truth value.These arguments are to be understood counterfactually. My claim is that, so understood, neither establishes its conclusion. The first involves a pair of counterfactual situations that are equally possible or tied. If A=B and A=C have no truth value, a counterfactual conditional with one of them as consequent and an antecedent that is true in circumstances in which either is true should have no truth value. Intuitively, however, any such counterfactual is false. The second argument can be seen to invite an analogous response. If this is right, however, there is an important disanalogy between this and the classical paradox of the heap. If the disanalogy is only apparent, the argument shows at most that the existence of persons can be indeterminate. (shrink)

Values have always tended to play a central role in discourse on the environment, a tendency which is currently particularly evident in the biodiversity context. Traditionally, arguments about the environment have invoked instrumental value to highlight the necessity or utility of a healthy environment for people and intrinsic value to emphasize the importance of protecting nature for its own sake. More recently, this value dichotomy has been challenged, and the notion of a third value category (...) – relational value – has been introduced into the political and social conservation discussion. In the field of environmental philosophy, the idea of a third category of environmental value already has a longer tradition. This article describes and compares several philosophical accounts of third-category environmental value to contribute to a better characterization of relational value and thus to a better understanding of the role this type of value can play in environmental discourse and policy. (shrink)

This paper examines two models of thinking relating to the issue of the right to die in dignity: one takes into consideration the rights and interests of the individual; the other supposes that human life is inherently valuable. I contend that preference should be given to the first model, and further assert that the second model may be justified in moral terms only as long as it does not resort to paternalism. The view that holds that certain patients are (...) not able to comprehend their own interests in a fully rational manner, and therefore ‘we’ know what is good for these patients better than ‘they’ do, is morally unjustifiable. I proceed by refuting the ‘quality of life’ argument, asserting that each person is entitled to decide for herself when it is worth living and when it is not. In this connection, a caveat will be made regarding the role of the family. (shrink)

This paper examines two models of thinking relating to the issue of the right to die in dignity: one takes into consideration the rights and interests of the individual; the other supposes that human life is inherently valuable. I contend that preference should be given to the first model, and further assert that the second model may be justified in moral terms only as long as it does not resort to paternalism. The view that holds that certain patients are (...) not able to comprehend their own interests in a fully rational manner, and therefore ‘we’ know what is good for these patients better than ‘they’ do, is morally unjustifiable. I proceed by refuting the ‘quality of life’ argument, asserting that each person is entitled to decide for herself when it is worth living and when it is not. In this connection, a caveat will be made regarding the role of the family. (shrink)

Innovation in fisheries is a global development that focuses on a broad range of aims. One example is a project that aims to develop technology for key phases of the demersal fishery operation to improve product quality and safeguard fish welfare. As this step to include welfare is novel, it raises questions associated with stakeholder acceptance in a wider aim for responsible innovation. How do stakeholders (a) value fish and their welfare and (b) consider the relation between welfare and (...) other relevant values? To address these questions, an approach combining desk research with an empirical study was used. The desk study analysed the ethical and biological arguments for whether fish welfare should be accounted for in this context. The empirical study explored how fish and their welfare are perceived by Norwegian professionals in this industry, by conducting semi-structured interviews and subsequently analysing the results based on a labelling method we developed. The desk study showed a consensus that welfare should be considered in its own right, while at face value the interviews presented a rather instrumental view on this theme. However, analysis of the interview results leads to a more nuanced picture, where fish and their welfare are viewed from the perspective of respect for nature. Despite the apparent divergence between stakeholder opinions and the literature on the importance of welfare, we present three steps that enables professionals to be responsive to both the (moral) views of stakeholders and accounting for welfare in the innovation process fisheries. (shrink)

Abortion and embryo destruction prevent a future of value, but that does not make them wrong.Abortion involves the killing of a fetus. One bad thing about killing a fetus is that the fetus is deprived of a future of value. Think of all the things which make your life good and worth living: understanding the world, seeing your children grow into independent, intelligent, and happy people, watching a sunset over the hills, enjoying good times with friends. By killing (...) the fetus, we are depriving it of a future life likely to contain these things. And more. The fetus would likely grow to be a person who would have contributed to the world in many ways—bringing joy to its parents, happiness, and friendship to many. That person would have laboured for society and perhaps even discovered a cure for cancer or developed the first bionic eye.The loss of these possible futures is bad. It makes the killing of a fetus wrong. This is Don Marquis's argument against abortion.1 It is one of the best arguments against abortion which does not rest on theological premises.Another way of putting this is to say that we have a good reason not to kill a fetus. A reason for acting is a fact or circumstance forming a sufficient justification for an action. Or in this case, not to perform an action. We have all sorts of reasons for action. Our reasons often conflict. I may have a good reason to visit my mother and a good reason to take my children to the park. What we have most reason to do is what it is right to do. It is what we should do. If we have most reason not to perform an act, …. (shrink)

Two prejudices have hampered our understanding of John Stuart Mill’s central argument for free speech. One prejudice is that arguments for free speech can only be made in terms of values or rights. This prejudice causes us to miss the depth of Mill’s argument. He does not argue that silencing speech is harmful or violates rights, but instead that silencing speech is a uniquely self-undermining act; it undermines the ground upon which it is based. But even (...) if we overcome this prejudice and appreciate the self-undermining character of Mill’s argument, the prejudice that epistemic justification is a completable task blinds us to the role of open-mindedness in his argument; and failing to see this leads us to wrongly conclude that his argument is invalid. It is only once we have overcome both prejudices that we can appreciate the depth and power of Mill’s argument for free speech. (shrink)

The pragmatist view of politics is at its very heart epistemic, for it treats morals and politics as a kind of deliberation or inquiry, not terribly unlike other kinds of inquiry. With the exception of Richard Rorty, the pragmatists argue that morals and politics, like science, aim at the truth or at getting things right and that the best method for achieving this aim is a method they sometimes call the scientific method or the method of intelligence – what would (...) now be termed deliberative democracy. Hence, the pragmatists offer an argument for democracy which appeals to the quality of the decisions supplied by democratic procedure. Why should we value decisions that are the products of voting after open debate over private decision-making and then voting, over bargaining, or over elimination of those who disagree with us? We should value them because the deliberative democratic method is more likely to give us true or right or justified answers to our questions. Rorty, of course, thinks that no inquiry aims at the truth and that nothing about pragmatism speaks in democracy’s favor. This paper will show how his brand of pragmatism betrays what is good and deeply interesting in the pragmatist tradition. (shrink)

From the stony streets of Boston to the rail lines of California, from General Relativity to Google, one of the surest truths of our history is the fact that America has been built by immigrants. The phrase itself has become a steadfast campaign line, a motto of optimism and good will, and indeed it is the rallying cry for progressives today who fight against tightening our borders. This is all well and good, Philip Cafaro thinks, for the America of the (...) past—teeming with resources, opportunities, and wide open spaces—but America isn’t as young as it used to be, and the fact of the matter is we can’t afford to take in millions of people anymore. We’ve all heard this argument before, and one might think Cafaro is toeing the conservative line, but here’s the thing: he’s not conservative, not by a long shot. He’s as progressive as they come, and it’s progressives at whom he aims with this book’s startling message: massive immigration simply isn’t consistent with progressive ideals. Cafaro roots his argument in human rights, equality, economic security, and environmental sustainability—hallmark progressive values. He shows us the undeniable realities of mass migration to which we have turned a blind eye: how flooded labor markets in sectors such as meatpacking and construction have driven down workers’ wages and driven up inequality; how excessive immigration has fostered unsafe working conditions and political disempowerment; how it has stalled our economic maturity by keeping us ever-focused on increasing consumption and growth; and how it has caused our cities and suburbs to sprawl far and wide, destroying natural habitats, driving other species from the landscape, and cutting us off from nature. In response to these hard-hitting truths, Cafaro lays out a comprehensive plan for immigration reform that is squarely in line with progressive political goals. He suggests that we shift enforcement efforts away from border control and toward the employers who knowingly hire illegal workers. He proposes aid and foreign policies that will help people create better lives where they are. And indeed he supports amnesty for those who have, at tremendous risk, already built their lives here. Above all, Cafaro attacks our obsession with endless material growth, offering in its place a mature vision of America, not brimming but balanced, where all the different people who constitute this great nation of immigrants can live sustainably and well, sheltered by a prudence currently in short supply in American politics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justifying the Right to Music EducationMarja HeimonenIn this study I will explore legal philosophical questions related to music education.1 I will begin by asking, "Is there a right to music education?" and move on to consider what constitutes a right and what kind of music education is at issue. My argument is that there is a right to music education and to a certain kind of music education (...) in terms of content.In the Nordic countries, Finland, Sweden, Denmark, Iceland, and Norway, the right to general music education is based on law. All these countries belong to the Nordic legal culture. They are part of the Continental civil-law system consisting of enacted statutes with abstract norms. Case- and judge-centered common law that develops from decision to decision is used in Anglo-American societies such as the United States and England.2 The law usually leaves the contents of education more or less open.This study explores music education in the light of the ideas of Aristotle and some of his modern followers.3 Philosophers of music education significantly influenced this study, in which I argue that the principal aims of education are connected not only to musical skills, but also to virtues, moral philosophy, and the education of the human being as a whole. My objective is to make the differences [End Page 119] between the aims and content of music education in various societies more explicit and understandable.The right to music education is closely connected to its justification. In practice, music education is justified in terms of internal goods (in other words, by self-justifying values emphasizing personal well-being and self-expression) and external goods (favoring the effective training of future professionals, for instance). I will suggest that external goods should be subordinate to internal goods, and that an optional balance between the two is needed. This balance is achieved through continuous debate in a living tradition that focuses on the holistic view of the aims in music education.However, deeper arguments are needed in justifying the right to music education. According to Estelle Jorgensen, a dynamic and dialectic process characterizes music and education, both of which are part of the changing society and the culture that surrounds them: transformation is ongoing all the time.4 I will argue that music education has an important role not only for the individual, but also for society as a whole, since music could be regarded as an instrument in the teaching of virtues.The question that follows is: what kind of virtues? This essay explores the role of music education in developing one of the fundamental virtues in society, the sense of justice. The role of the music teacher could be compared with that of the judge: to build cases in real practical situations in the framework of general principles, which may be both written (such as law and curricula) and unwritten (tradition). Theory and practice have to go hand in hand—general principles always have to be adapted to individual situations (and not vice versa)—when music educators are acting in the present society.The ApproachThe right to music education includes not only the question of the right of every child and adolescent to receive a certain number of music lessons or to attend a music school. It also involves aspects related to values, aims, and contents. To clarify the complexity of rights in this context, we might think of several levels. The first level of ideological options comprises training for a professional career for which the notion of legal philosophy leans on analytical legal positivism. The second level of ideological options refers to artistic self-expression and the notion of law for this is outlined in terms of "law as culture" and natural law philosophy. The third level consists of the maintenance of societal or cultural values through music education and its notion of legal philosophy is given in terms of the historical school of law and natural law philosophy. A child's rights to music might be regarded as a negative freedom right, with protection against illegal interference on the part of the state, a positive welfare right (an [End... (shrink)

There is no agreed minimum standard with regard to what is considered safe, competent nursing care. Limited resources and organizational constraints make it challenging to develop a minimum standard. As part of their everyday practice, nurses have to ration nursing care and prioritize what care to postpone, leave out, and/or omit. In developed countries where public healthcare is tax-funded, a minimum level of healthcare is a patient right; however, what this entails in a given patient’s actual situation is unclear. Thus, (...) both patients and nurses would benefit from the development of a minimum standard of nursing care. Clarity on this matter is also of ethical and legal concern. In this article, we explore the case for developing a minimum standard to ensure safe and competent nursing care services. Any such standard must encompass knowledge of basic principles of clinical nursing and preservation of moral values, as well as managerial issues, such as manpower planning, skill-mix, and time to care. In order for such standards to aid in providing safe and competent nursing care, they should be in compliance with accepted evidence-based nursing knowledge, based on patients’ needs and legal rights to healthcare and on nurses’ codes of ethics. That is, a minimum standard must uphold a satisfactory level of quality in terms of both professionalism and ethics. Rather than being fixed, the minimum standard should be adjusted according to patients’ needs in different settings and may thus be different in different contexts and countries. (shrink)

Many physics parameters need to be precisely set in order for life to exist in our universe. Or so says the fine-tuning argument. That the actual values are just right for life, the argument concludes, is a fact in need of deep physical or metaphysical explanation. Perhaps, the story goes, the parameter values settings are a matter of divine design. Or perhaps they result from a selection effect given our place in the “multiverse”. However, a very different approach (...) to the problem is possible. One may argue that the fine-tuning is an artefact of theorizing: it is explicable as the precise balancing act necessary for compact, systematic representation in science. Given such an explanation and drawing on earlier work from a number of sources, this essay shows how fine-tuning is best understood as evidence for a non-governing conception of laws rather than for design or multiverse. (shrink)

This book develops an original version of act-consequentialism. It argues that act-consequentialists should adopt a subjective criterion of rightness. The book develops new arguments which strongly suggest that, according to the best version of act-consequentialism, the rightness of actions depends on expected rather than actual value. Its findings go beyond the debate about consequentialism and touch on important debates in normative ethics and metaethics. The distinction between criterion of rightness and decision procedures addresses how, why, and in which sense (...) moral theories must be implemented by ordinary persons. The discussion of the rationales of "ought" implies "can" leads to the discovery of a hitherto overlooked moral principle, "ought" implies "evidence", which can be used to show that most prominent moral theories are false. Finally, in the context of discussing cases that are supposed to reveal intuitions that favour either objective or subjective consequentialism, the book argues that which cases are relevant for the discussion of objectivism and subjectivism depends on the type of moral theory we are concerned with (consequentialism, Kantianism, virtue ethics, etc.). From Value to Rightness will be of interest to scholars and advanced students working in normative ethics and metaethics. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the (...) humanities and social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

The pragmatist view of politics is at its very heart epistemic, for it treats morals and politics as a kind of deliberation or inquiry, not terribly unlike other kinds of inquiry. With the exception of Richard Rorty, the pragmatists argue that morals and politics, like science, aim at the truth or at getting things right and that the best method for achieving this aim is a method they sometimes call the scientific method or the method of intelligence – what would (...) now be termed deliberative democracy. Hence, the pragmatists offer an argument for democracy which appeals to the quality of the decisions supplied by democratic procedure. Why should we value decisions that are the products of voting after open debate over private decision-making and then voting, over bargaining, or over elimination of those who disagree with us? We should value them because the deliberative democratic method is more likely to give us true or right or justified answers to our questions. Rorty, of course, thinks that no inquiry aims at the truth and that nothing about pragmatism speaks in democracy's favor. This paper will show how his brand of pragmatism betrays what is good and deeply interesting in the pragmatist tradition. (shrink)

Market events of the past few years have resurrected long unheeded calls for the professionalization of the occupation of business manager, not in terms of increased technical proficiency, but in terms of a renewed vigor to shape the practice of management and the education of those who will fill its ranks along the lines of the “ideal of service” which characterizes socially established professions like law and medicine. In this paper I argue that the push to professionalize business management can (...) be grounded in an ISCT (Integrative Social Contracts Theory) treatment of the “vulnerable values” argument which itself has served as a source for the professionalization of medicine and law. Additionally, I offer a sketch of an argument that once business managers are considered to be members of a profession, we can begin to develop an account of “business malpractice” which would, when it occurs, represent an ethical violation of the “publicpledge” that members of all professions make to serve the broader good of society. (shrink)