This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts, anti-discrimination law, and age-old questions about identity, morality, and society.

Discussions of loyalty in business typically assume that employees have a prima facieduty of loyalty to their companies, one that sometimes conflicts with other duties, such as the duty to blow the whistle in response to dangerous or unethical practices. Ronald Duska, however, denies the existence of any such duty. According to Duska, one does not have an duty of loyalty to a company, even a prima facieone, because companies are not proper objects of loyalty. He bases this conclusion on (...) two premises: first, that loyalty is appropriate only in relationships that demand self-sacrifice without expectation of reward, and second, that the employee-company relationship does not demand such sacrifice.In this paper I pose a dilemma for Duska. Briefly put: one can interpret Duska''s phrase relationships that demand self-sacrifice without expectation of reward" either narrowly or broadly. If one interprets it narrowly, then Duska''s first premise is false; if broadly, then his second premise is false. Either way, Duska''s argument is unsound. However, after rejecting his conclusion about loyalty in business, I go on to argue that Duska is right to deny that the duty of loyalty conflicts with the duty to blow the whistle. More generally, the paper is an attempt to elucidate the proper application of loyalty in business. (shrink)

For the last twenty years John Corvino has traversed the US responding to moral and religious arguments against same-sex relationships. In this timely book, he shares that experience-both by addressing the standard objections and by offering insight into the culture wars more generally. In the process, he makes a fresh case for moral engagement, forcefully rejecting the idea that morality is a 'private matter'.

In his “Why be Moral? A Different Rationale for Managers,” (Business Ethics Quarterly, Vol. 4, April, 1994), La Rue Tone Hosmer argues that managers should be moral because “acting in ways that can be considered to be ‘right’ and ‘just’ and ‘fair’ is absolutely essential to the long-term competitive success of the firm.” According to Hosmer, moral behavior generates trust among stakeholders, which leads to stakeholder commitment, which leads to increased stakeholder effort, which ultimately leads to corporate success. Though we (...) agree with Hosmer’s causal reasoning, we are concerned about an ancient loophole, namely, cases where the mere appearance of morality will generate the same trust, and commitment, and so on, and will thus enable managers to reap the material benefits of morality while nevertheless engaging in immoral practices. We conclude that a virtue ethics perspective will strengthen Hosmer’s model so as to cover such cases. (shrink)

Polls and election results show Americans sharply divided on same-sex marriage, and the controversy is unlikely to subside anytime soon. Debating Same-Sex Marriage provides an indispensable roadmap to the ongoing debate.

In June 2018 the Supreme Court of the United States decided the case of Masterpiece Cakeshop, in which baker Jack Phillips refused to provide a cake for a same-sex wedding. The Court decided the case on fairly narrow grounds; in particular, it set aside the question of whether Phillips illegally discriminated on the basis of sexual orientation by refusing to sell the same cake to a gay couple that he would sell to a heterosexual couple. Concurring opinions by Justices Kagan (...) and Gorsuch do address that question, however, and in this paper I explore the debate between them. By distinguishing between design-based and use-based refusals of service and then arguing that some use-based refusals are tantamount to discrimination on the basis of protected traits, I argue that Jack Phillips did indeed discriminate on the basis of sexual orientation. I also argue that another baker, who refused to create a “Leviticus 18:22 ‘Homosexuality is a detestable sin’ ” cake, did not discriminate on the basis of religion. I thus side with Justice Kagan against Justice Gorsuch on the question of whether the Colorado commission treated the two bakers inconsistently. (shrink)

This paper revisits the “morality pays” approach to answering the “Why be moral?” question in business. First I argue that “morality pays” is weakest when it needs to be strongest, and thus inadequate to the task. Then I examine and reject a proposed virtue-ethics alternative, arguing that it either collapses into “morality pays” or else introduces a new problem. After sketching an account of moral reasons, I go on to argue that “morality pays” can be reframed, not so much as (...) an answer to “Why be moral,” but as a prescription for reforming corporate institutions. (shrink)

In 2012, baker Jack Phillips of Masterpiece Cakeshop refused to create a wedding cake for a same-sex couple, citing religious beliefs. Colorado Public Accommodations law prohibits business owners from denying the “full and equal enjoyment” of their services on the basis of sexual orientation, and Phillips refused to sell the couple the very same items he would sell to a heterosexual couple. But Phillips, who fashions himself as a “cake artist,” argues that applying the law here would interfere with his (...) free-speech rights. Moreover, he argues that he is not actually discriminating on the basis of sexual orientation but on the basis of a particular understanding of marriage; he is happy to sell Lesbian, Gay, Bisexual, and Transgender people a wide range of other items. In this chapter, I evaluate both arguments. In the postscript, I briefly explain the US Supreme Court's June 2018 ruling on the case. (shrink)

In this paper I consider Hume's position on the analogy between moral qualities and secondary qualities. Although some have suggested that Hume's use of the analogy is important to his moral philosophy, others have disputed its significance to Hume. My position in this paper is that Hume believes there are indeed similarities between moral and secondary qualities that illuminate the nature of virtue. This paper is divided into two parts. In the first, I consider Hume's point(s) in raising the analogy (...) by arguing for four similarities between moral qualities and secondary qualities that he likely had in mind; and in the second, I respond to various objections alleging that Hume did not, and indeed, could not, rely on the analogy in any substantial way. (shrink)

In his “Why be Moral? A Different Rationale for Managers,” , La Rue Tone Hosmer argues that managers should be moral because “acting in ways that can be considered to be ‘right’ and ‘just’ and ‘fair’ is absolutely essential to the long-term competitive success of the firm.” According to Hosmer, moral behavior generates trust among stakeholders, which leads to stakeholder commitment, which leads to increased stakeholder effort, which ultimately leads to corporate success. Though we agree with Hosmer’s causal reasoning, we (...) are concerned about an ancient loophole, namely, cases where the mere appearance of morality will generate the same trust, and commitment, and so on, and will thus enable managers to reap the material benefits of morality while nevertheless engaging in immoral practices. We conclude that a virtue ethics perspective will strengthen Hosmer’s model so as to cover such cases. (shrink)

At first glance, it seems difficult to object to any program that merits the label “harm reduction.” If harm is bad, as everyone recognizes, then surely reducing it is good. What’s the problem? The problem, we submit, is twofold. First, there’s more to “harm reduction,” as that term is typically used, than simply the reduction of harm. Some of the wariness about harm-reduction programs may result from the nebulous “more.” Thus, part of our task is to provide a clear definition (...) of harm reduction. Next, we turn to a second problem: a worry about complicity. Those who object to harm reduction programs fear that participation in such programs would make them complicit in activities they deem immoral. In this paper we argue that this fear is largely unwarranted. We use supervised injection sites —safe spaces for the use of risky drugs—as our paradigmatic case of harm reduction. These SISs are generally offered in the hope of reducing harm to both the drug user and the public. For this reason, our analysis focuses on complicity in harm. We draw upon the work of Gregory Mellema as our framework. Mellema offers three ways one can be complicit in harm caused by another: by enabling, facilitating or condoning it. We argue that one who operates an SIS is not complicit in any of these ways, while also laying out the conditions that must be met if one is to argue that harm reduction entails complicity in non-consequentialist wrongdoing. (shrink)

The original version of this article unfortunately contained a mistake. The fourth sentence of third paragraph under section Do Harm Reduction Programs Condone Harm? Should be “One of us ” instead of “One of us ”. The original article has been corrected.

This book's thirty essays explore philosophically the nature and morality of sexual perversion, cybersex, masturbation, homosexuality, contraception, same-sex marriage, promiscuity, pedophilia, date rape, sexual objectification, teacher-student relationships, pornography, and prostitution. Authors include Martha Nussbaum, Thomas Nagel, Alan Goldman, John Finnis, Sallie Tisdale, Robin West, Alan Wertheimer, John Corvino, Cheshire Calhoun, Jerome Neu, and Alan Soble, among others. A valuable resource for sex researchers as well as undergraduate courses in the philosophy of sex.

In this article, I discuss whether the theory of justice as fairness famously proposed by John Rawls can justify the implementation of global principles of socioeconomic justice, contrary to what Rawls himself maintains. In particular, I dwell on the concept of the basic structure of society, which Rawls defines as “the primary subject of justice” and considers as a prerogative of domestic societies. In the first part, I briefly present Rawls’s theory of socio-economic justice and his account of justice (...) between peoples. I then proceed with the analysis of the cosmopolitan counterarguments that have been levelled against Rawls’s dualism between domestic and international justice, which mainly revolve around the outlining of a global basic structure as a consequence of globalisation. Between these two opposing poles, I also discuss the intermediate stance taken by those authors who maintain that the empirical dispute between a domestic and a global basic structure is misleading, because the pressing question is whether the unfair practices and norms that characterise the global economy demand the existence of a global basic structure, regardless of the fact that it already exists or not. Lastly, I collect some points, both theoretical and empirical, that have emerged from the analysis and I argue that the theoretical requirement of a global basic structure can have practical implications even if its existence is contradicted in empirical terms. (shrink)

This is a review of the book by John Corvino and Maggie Gallagher, _Debating Same-Sex Marriage_.

The esteemed psychologist and thinker John Dewey headed for previously unexplored philosophical territory with this influential work. Written shortly after World War I, it embodies Dewey's system of pragmatic humanism and maintains that individuals can attain "a more ordered and intelligent happiness" by reconsidering the ultimate effects of their deepest beliefs and feelings. With its promise of achieving an understanding of the past and attaining a brighter future, Reconstruction in Philosophy remains ever relevant. "A modern classic." — Philosophy and (...) Phenomenological Research. (shrink)

A uniform carbon tax with equal per capita dividends is usually advocated as a cost-effective way of reducing greenhouse gas (GHG) emissions without increasing, and in many cases even reducing, economic inequality, in particular because of the positive balance between the carbon taxes paid by the worse off and the carbon dividends they receive back. In this article, I argue that a uniform carbon tax reform is unjust regardless of how the revenue is used, because it does not discourage the (...) rich from indulging in wasteful emissions. This is at odds with a normative account of the distribution of the GHG budget that I define as emissions limitarianism, which is a climate derivative of economic limitarianism. Emissions limitarianism holds that, under low GHG budget conditions, emissions permits should not be used to achieve functionings that over-consume the GHG budget without producing significant welfare gains relative to the achievement of alternative functionings. Accordingly, I argue that a uniform carbon tax should be complemented by a limitarian carbon tax, which restricts the capabilities of the rich to achieve wasteful emission-generating functionings. The article adopts a methodological multi-level perspective on capabilities as a measure of welfare, distinguishing between basic, secondary and tertiary capabilities. (shrink)

With precision and profundity born of 30 years of devoted study, John Boyle offers an essential introduction to St. Thomas Aquinas on Scripture, shedding helpful light on the goals, methods, and commitments that animate the Angelic Doctor's engagement with the sacred page. Because the genius of St. Thomas's approach to the Bible lies not so much in its novelty but rather in the fidelity and clarity with which he recapitulates the riches of the preceding interpretive Tradition, this initiation into (...) St. Thomas's vision of Scripture is itself an orientation to the Church's vision of Scripture, from the Fathers through and beyond the Middle Ages. St. Thomas's embeddedness within the Church's Tradition and his own historical context is integral to his approach to Scripture, yet it sets him at some distance from modern readers, for whom his interpretive vision may seem perplexing or even impenetrable. In this Primer, Boyle first provides an acclimation to this medieval context through a survey and explanation of pertinent technical terminology used by St. Thomas and characteristic of the scholastic theology of the time. With an eye to the medieval practice of considering Scripture according to the fourfold division of causes, Boyle builds on this initial foundation by exploring in turn St. Thomas's accounts of the end or use of Scripture (final cause), its divine and human authorship (efficient cause), its order and division (material cause), and its literary styles or genres (formal cause). Drawing on writings from across St. Thomas's corpus, but especially his work On the Commendation and Division of Sacred Scripture and the prologues to his biblical commentaries, Boyle masterfully elucidates both the hermeneutical principles and deep wisdom of the Angelic Doctor's approach to Scripture, imparting invaluable guidance not only for reading and understanding St. Thomas and other great masters of the Tradition, but also-and ultimately-for understanding Scripture in light of this Tradition and reading it with greater benefit and joy. (shrink)

The notion of transgenerational community is usually based on two diachronic interactions. The first interaction consists of present generations taking up the legacy (not only economic, but also institutional, artistic, cultural, and so forth) of past generations and giving it continuity, exercising a form of active agency. The second interaction occurs when present generations pass on their legacy to future generations. This is supposed to expand the boundaries of the community in a transgenerational sense (both backward- and forward-looking). In this (...) article we argue that the transgenerational community can be grounded on a different ontological insight: future generations play the role of fictional actors for present generations, i.e., present generations entertain a present-time interaction with future generations, insofar as future generations are functional for the realization of transgenerational actions. This lays the foundations for more solid community-based bonds of intergenerational justice. (shrink)

Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients' safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients' safety. Multidisciplinary in nature, this Research Handbook features contributions from eminent academics, policy makers and medical practitioners from the Global North and South, discussing the essential facets concerning patient safety and the law. It highlights how the role (...) of legislation and case law has the potential to influence, both positively and negatively, medical practice and the quality of care. Chapters explore patient safety and the global health agenda; physiotherapy; 'non-therapeutic' clinical research with children; patient safety awareness in healthcare education; and the increasing use of robotics and artificial intelligence in healthcare. Outlining a wide range of international perspectives on patient safety and the law, this Research Handbook will appeal to academics and researchers specialising in health and medical law, human rights and healthcare regulation. It will also serve as a valuable resource for legal and medical practitioners alike, as well as clinicians and professionals working in healthcare governance. (shrink)

The notion of proof is central to mathematics yet it is one of the most difficult aspects of the subject to teach and master. In particular, undergraduate mathematics students often experience difficulties in understanding and constructing proofs. Understanding Mathematical Proof describes the nature of mathematical proof, explores the various techniques that mathematicians adopt to prove their results, and offers advice and strategies for constructing proofs. It will improve students’ ability to understand proofs and construct correct proofs of their own. The (...) first chapter of the text introduces the kind of reasoning that mathematicians use when writing their proofs and gives some example proofs to set the scene. The book then describes basic logic to enable an understanding of the structure of both individual mathematical statements and whole mathematical proofs. It also explains the notions of sets and functions and dissects several proofs with a view to exposing some of the underlying features common to most mathematical proofs. The remainder of the book delves further into different types of proof, including direct proof, proof using contrapositive, proof by contradiction, and mathematical induction. The authors also discuss existence and uniqueness proofs and the role of counter examples. (shrink)

In this article I argue that the non-reciprocity problem does not apply to intergenerational justice. Future generations impact, here and now, on the well-being of people now living. I firstly illustrate the economic-synchronic model of direct intergenerational reciprocity (DIR): future generations allow people now living to maintain the economic system future-oriented and capital-preserving. The rational choice for people now living is to guarantee transgenerational sufficiency to future generations. I then analyse the axiological-synchronic model of DIR: future generations give meaning and (...) value to many of the activities that people now living carry out, and this is a compelling reason for the latter to worry about the former. I argue that only the economic-synchronic model of DIR can consistently explain why we need future generations. I conclude by discussing the limits of indirect intergenerational reciprocity. (shrink)

In this article, I firstly discuss the person-affecting view of harm, distinguishing between the liability and the structural models of responsibility, and also explaining why it is unsatisfactory, from a moral point of view, to interpret a given harm as a loss with respect to a diachronic baseline. Then, I take sweatshops as an example and I entertain two further issues that are related to the assessment of harm and that are necessary for operationalising a comprehensive model of responsibility, that (...) takes into account both liability and structural injustice. The first one is how to interpret harm when it is coexistent with a diachronic benefit and/or the parties involved in the social structures leading to harm seek to unload their responsibility by hiding behind a cooperative deadlock. The second one is how far along the chain of actions leading to harm can structural responsibility be extended. (shrink)

In this article, I maintain that the social process of labour commodification, through which the individual capability to uphold a decent welfare is bound to participation in the labour market, poses a problem of justice from the republican prospective on freedom as non-domination. I first discuss the reasons we might hold that capitalism brings a form of systemic domination by virtue of one of its intrinsic features: unequal access to the means of production. Then, I argue for a minimum de-commodification (...) of labour power as a criterion of justice, adding that it should be conceived as a cosmopolitan proviso because states unfairly suffer from their limited economic capacity to neutralize capitalist systemic domination. Lastly, I compare the normative account of global justice that I am proposing in this article with sufficientarianism, with the capability approach, and with Thomas Pogge’s ‘Global Resources Dividend’. (shrink)

Should those who get dirty hands always be punished in the same way? Must their punishment be regardless of the background elements that determined the DH dilemma, which has polluted their morality? This paper holds that common arguments in favour of punishing DH overlook the important difference between classic DH dilemmas that are structurally inescapable and those that are caused by a collective action problem. My thesis emphasizes that in talking about DH, our analysis should go beyond the structure of (...) the dilemma. We should also take into serious consideration the background dynamics that made the choice between two evils inevitable. (shrink)

In this article I analyse those that I consider the most powerful counterarguments that have been advanced against the non-identity objection to the idea of intergenerational harm, according to which an action cannot cause harm to a given agent if her biological identity does actually depend—in a partial but still determinant way—on the performance of this action. In doing this, I firstly go through the deontological criticisms to the person-affecting view of harm, before moving on to sufficientarian and communitarian accounts (...) of intergenerational harm. My argument is that neither of these theories manage to defuse the non-identity objection. Yet, I conclude by observing that a possible way out of the non-identity paradox might consist in developing an ethical account of intergenerational negative justice that focuses on the functional value of the natural and social structures in which humans develop their lives, rather than on their instrumental or intrinsic value. (shrink)

In this work, we discuss how both contractualism, in the Western tradition, and communitarianism, in the African interpretation based on the idea of Ubuntu, conceptualise intergenerational justice. Even though both philosophical theories, taking into account differences and shortcomings, provide theoretical answers to intergenerational justice dilemmas, the implementation of actual policies in the interest of future individuals does not follow straightforwardly. Accordingly, in the second part of the chapter, we analyse what policy tools have been implemented or conceived to deliver intergenerational (...) justice and we advocate a pragmatic approach pointing towards a mix of different policy tools. (shrink)

In this article, I query whether participation in the labour market can hinder neo-republican freedom as non-domination. I briefly present the view of Philip Pettit on the topic, based on the distinction between offering a reward and threatening a punishment. I compare it to the analysis of labour republicans, recently reconstructed by Alex Gourevitch, according to whom, the exclusion of a group of individuals from the control of productive assets represents a form of structural domination. Then, I explain why I (...) take a position that is different from both. I hold that capitalist structural domination leads only to exploitation, not interpersonal domination. In doing this, I consider two objections that might be raised against my argument. The first one is based on incomplete contracts and on a possible ideal benchmark for job offers. The second one challenges the supposed arbitrariness of unequal property relations within the capitalist social system. (shrink)

Why should one take action to move toward a greener world if doing so will cause the birth of a totally different group of future people? This chapter starts from the metaphysical evidence that many collective climate actions imply a change in the identity of future generations, as opposed to a counterfactual laissez-faire attitude. The climatic fallout from the non-identity paradox introduced by Derek Parfit is examined to determine if and how a principle of transgenerational responsibility can be defended against (...) this metaphysical complexity. The paradox is divided into a moral argument, based on the person-affecting view of harm, and a metaphysical premise, treating non-identity as a result of variations in timing and pair combination of a person’s conception. Three strategies to circumvent the moral argument are explored: non-consequentialist accounts of harm, moral thresholds, and impersonal ethics. However, it is argued that all three strategies fall short or come with too high a cost. The metaphysical premise is then examined through the introduction of transgenerational actions in relation to the climate crisis. A principle of transgenerational responsibility applicable to climate change mitigation is inferred from the hypothetical consent to be obtained from those who will continue transgenerational actions in the future. (shrink)

This chapter questions whether the objective circumstances of justice, and in particular the assumption of mutual advantage, apply to climate action. The first part of the chapter explains why two asymmetries, of benefits and costs, further exacerbated by intergenerational conflicts, both past and future oriented, make climate change an intricate multiplayer prisoner’s dilemma. The second part of the chapter analyses whether and how the two asymmetries can be scaled down, based on a series of empirical arguments: global vulnerability to local (...) economic setbacks, financial risks and security threats (benefit asymmetry), co-benefits of the energy transition immediately collectable, especially in developed and some emerging countries (cost asymmetry), moral, axiological and economic benefits of intergenerational sustainability (intergenerational conflicts). The conclusion is that the circumstances of justice, that make climate cooperation both possible and necessary, obtain, in spite of the two global asymmetries and of intergenerational conflicts. (shrink)

EU co-legislators recently approved the EU carbon border adjustment mechanism (CBAM), which establishes a uniform carbon price on both EU and imported products, in ETS covered sectors. This violates the CBDR-RC principle. Yet, CBAM advocates claim that the resulting unfair mitigation can be offset by scaling up climate finance, to the benefit of poorer countries. I argue that the CBAM’s unfairness is compounded by previous climate injustice, as avoidable emissions by developed countries pushed the climate crisis to the point where (...) fair mitigation is no longer viable. This implies that a disadvantage within the distributive sphere of emissions abatement cannot be counterbalanced by additional advantages within the distributive sphere of climate finance. (shrink)

Climate justice demands polluters to take responsibility for both present and future harm caused by past GHG emissions and for future harm caused by future GHG emissions. One problem with this is double climate taxation: people living in historical polluting countries must both shoulder the burden of an effective and inclusive climate transition and repay the climate debt incurred by their predecessors. Although double climate taxation might be defensible on normative grounds, it risks making climate justice politically infeasible. I therefore (...) maintain that global climate justice should focus on future, rather than past, climate harms. The forward-looking polluter pays principle (FL-PPP) can ensure both a cost-effective climate transition and a fair distribution of the climate burden, provided it is applied as follows: i) each country must introduce a carbon price calibrated to the global social cost of carbon; ii) each country must transfer part of carbon revenues collected at the country level to an international fund; iii) global carbon revenues must be redistributed on the basis of the country-level social cost of carbon. The FL-PPP burden can be made more progressive, moreover, if the formula for allocating global carbon revenues is adjusted through two coefficients, one consumption-based and one priority-sensitive. (shrink)

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)