A persistent puzzle for philosophers of science is the well-documented appeal made by scientists to their aesthetic emotions in the course of scientific research. Emotions are usually viewed as irremediably subjective, and thus of no epistemological interest. Yet, by denying an epistemic role for scientists’ emotional dispositions, philosophers find themselves in the awkward position of ignoring phenomena which scientists themselves often insist are of importance. This paper suggests a possible solution to this puzzle by challenging the wholesale identification of emotion (...) with subjectivity. The proposed method is a naturalistic and externalist one, calling for empirical investigation into the intersubjective processes by which scientists’ emotional dispositions become refined and attuned to specific objects of attention. The proposal is developed through a critical discussion of Michael Polanyi’s theory of scientific passions, as well as plant geneticist Barbara McClintock’s celebrated “feeling for the organism.”. (shrink)

According to expressivism, moral judgments are desire-like states of mind. It is often argued that this view is made implausible because it isn’t consistent with the conceivability of amoralists, i.e., agents who make moral judgments yet lack motivation. In response, expressivists can invoke the distinction between dispositional and occurrent desires. Strandberg (Am Philos Quart 49:81–91, 2012) has recently argued that this distinction does not save expressivism. Indeed, it can be used to argue that expressivism is false. In this paper I (...) argue that expressivism is a much more complex thesis than Strandberg assumes. Once these complexities are acknowledged, Strandberg’s arguments are rendered ineffective and expressivism rendered more plausible. (shrink)

Can the experience of great art play a role in our coming to understand the ethical framework of another person? In this paper I draw out three themes from Iris Murdoch’s The Sovereignty of Good in order to show the role that communal attention to works of art can play in our ethical lives. I situate this role in the context of Murdoch’s wider philosophical views.

Since its inception, donor conception practices have been a reproductive choice for the infertile. Past and current practices have the potential to cause significant and lifelong harm to the offspring through loss of kinship, heritage, identity, and family health history, and possibly through introducing physical problems. Legislation and regulation in Australia that specifies that the welfare of the child born as a consequence of donor conception is paramount may therefore be in conflict with the outcomes. Altering the paradigm to a (...) child-centric model, however, impinges on reproductive choice and rights of adults involved in the process. With some lobby groups pushing for increased reproductive choice while others emphasise offspring rights there is a dichotomy of interests that society and legislators need to address. Concepts pertaining to a shift toward a child-centric paradigm are discussed. (shrink)

It has become increasingly common for philosophers to make use of the concept of artistic value, and, further, to distinguish artistic value from aesthetic value. In a recent paper, ‘The Myth of (Non-Aesthetic) Artistic Value’, Dominic Lopes takes issue with this, presenting a kind of corrective to current philosophical practice regarding the use of the concept of artistic value. Here I am concerned to defend current practice against Lopes's attack. I argue that there is some unclarity as to what aspect (...) of this practice Lopes is objecting to, and I distinguish three kinds of objection that he could be read as making. I argue that none of these is adequately supported by Lopes's arguments, and that the corresponding three aspects of current philosophical practice are on firmer footing than Lopes's paper suggests. A new, plausible characterisation of artistic value will emerge from this discussion. (shrink)

Joshua Gert and Wlodek Rabinowicz have developed frameworks for value relations that are rich enough to allow for non-standard value relations such as parity. Yet their frameworks do not allow for any non-standard preference relations. In this paper, I shall defend a symmetry between values and preferences, namely, that for every value relation, there is a corresponding preference relation, and vice versa. I claim that if the arguments that there are non-standard value relations are cogent, these arguments, mutatis mutandis, also (...) show that there are non-standard preference relations. Hence frameworks of Gert and Rabinowicz's type are either inadequate since there are cogent arguments for both non-standard value and preference relations and these frameworks deny this, or they lack support since the arguments for non-standard value relations are unconvincing. Instead, I propose a simpler framework that allows for both non-standard value and preference relations. (shrink)

In this paper I aim to lay out the major aspects of a procedural, pragmatist account of objectivity in ethics. This account is “procedural” insofar as it holds that the objectivity of inquiry depends not on what the results of that inquiry are, but rather whether the proper procedure of inquiry was followed to generate the results. The account is “pragmatic” insofar as it coheres with a broader approach to ethics that conceives of ethical inquiry and progress in terms of (...) resolving problems (Roth 2010a, 2012). Why should we want this sort of account of ethical objectivity? In addition to its contribution to a larger pragmatist conception of ethical inquiry, this account has two desirable features. First .. (shrink)

John Dewey developed sophisticated theories for a liberal civil society and a deliberative democracy. These theories have recently enjoyed renewed attention, discussion, and practical application.1 However, no consensus on Dewey's primary theoretical strategies has yet emerged.2 What precisely was Dewey's justification for democracy and its superiority over other ways of life and forms of government? This essay explains how Dewey attempted to formulate a philosophical justification for democracy on ethical grounds, rather than just epistemic or satisfaction-maximization grounds alone. Provided with (...) a solid ethical foundation, progressive and participatory democracy could become a practical, achievable, and highly .. (shrink)

There is a widespread belief that, conceptually, justice cannot require what we cannot achieve. This belief is sometimes used by defenders of so-called ‘non-ideal theories of justice’ to criticise so-called ‘ideal theories of justice’. I refer to this claim as ‘the feasibility constraint on the concept of justice’ and argue against it. I point to its various implausible implications and contend that a willingness to apply the label ‘unjust’ to some regrettable situations that we cannot fix is going to enhance (...) the action-guiding potential of a conception of justice, by providing an aspirational ideal. This is possible on the condition that, at all times, we cannot specify with certainty the limits of what is feasible for us collectively. The rejection of the feasibility constraint entails that there can be injustice without perpetrators; this is a theoretical price worth paying. (shrink)

Autism spectrum disorders (ASDs) are an issue of growing public health significance. This set of neurodevelopmental disorders, which includes autistic disorder, Asperger syndrome, and pervasive developmental disorder not otherwise specified (PDD-NOS), is characterized by abnormalities in one or more of the following domains: language use, reciprocal social interactions, and/or a pattern of restricted interests or stereotyped behaviors. Prevalence estimates for ASDs have been increasing over the past few decades, with estimates at ~5/10,000 in the 1960s, and current estimates as high (...) as 1/88 (Newschaffer et al. 2007; CDC 2012).1 While ASDs encompass a wide range of phenotypes and degrees of severity, the disorders .. (shrink)

It is a standard requirement of democratic theory that all members of society be treated with equal respect as capable of self-determination (Christiano 2004; Dworkin 1977; Gutmann and Thompson 2004; Patten 2011; Waldron 1999). The fulfillment of this requirement is problematic vis-à-vis conscientious dissenters. Conscientious dissenters refuse to comply with legally enforced duties when compliance risks jeopardizing their moral integrity, because the required behavior would compromise their loyalty to (some of) their moral commitments. Coercing conscientious dissenters into behavior they deem (...) morally wrong, qua contrary to their conscience, amounts to disrespect because it threatens their capacity for .. (shrink)

I defend extreme formalism about the aesthetics of inorganic nature. I outline the general issue over aesthetic formalism as it manifests itself in the visual arts. The main issue is over whether we need to know about the history of artworks in order to appreciate them aesthetically. I then turn to nature and concede that with organic nature we need to know a thing's biological kinds if we are fully to appreciate it. However, with in organic nature I deny that (...) we need to know the deeper nature of the things we experience. What is important, I argue, are the appearances of those things not their real natures. I consider the beauty of clouds, which depends on an illusion of solidity, and I argue that scientific knowledge does not reveal beauty that is not available to the ignoramous. There is only the beauty of appearances, and it does not matter whether those appearances are accurate or illusory. (shrink)

In his recent book, Creative Actualization: A Meliorist Theory of Values, Hugh McDonald wades into the murky waters of value theory in order to develop a uniquely pragmatist theory of value. He ties value to what he calls "creative actualizations," or the process of introducing novelties, conditions, norms and principles into our individual and collective experience. Creative actualization accommodates a plurality of independent values, resisting the temptation to embrace a monist framework, whether by making our diverse values instrumental to a (...) final end or relative to a single (objective or subjective) source. Moreover, as McDonald argues, creative actualization has the theoretical resources to underpin a .. (shrink)

While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex positive feminists" whose proponents had very different understandings of what counts as sexual autonomy for women. It is important to understand that questioning the current definitions of what counts as an instance of sexual assault does not entail an anti-feminist (...) agenda. There is not a unified feminist front on this topic. To assume otherwise is to risk silencing victims of sexual assault even further by imposing a particular conception of sexual assault upon them that they might themselves reject. If we are to properly address sexual assault as feminists we must listen to victims of sexual assault and develop a theory of consent in tandem with victims' own understanding of that concept. NB: This was a public speech and so use-mention conflations are contained within. I invite you to read it as a speech. (shrink)

In the 1980s, there was a significant upsurge in diagnoses of Dissociative Identity Disorder. Ian Hacking suggests that the roots of this tendency lie in the excessive willingness of psychologists past and present to engage in the “psychologization of trauma.” I argue that Hacking makes some philosophically problematic assumptions about the putative threat to human autonomy that is posed by the increasing availability, attractiveness, and plausibility of various forms of simulated experience. I also suggest how a different set of axiological (...) and historical assumptions might have led to a less dismissive and possibly more plausible account of this diagnostic trend. (shrink)

I investigate whether tobacco health warnings’ interference with autonomy is ethically justifiable in order to deter people from smoking. I dissociate first the informational role and the persuasive role of tobacco health warnings and show that both roles enable typical addicted smokers to better rule themselves, fostering their autonomy. The fact that some messages address people’s non-deliberative faculties is therefore compensated by a larger positive influence on their autonomy. However, misleading messages are not ethically justified and should be avoided. Tobacco (...) health warnings’ effect on autonomy highlights an important difference between libertarian paternalism and classical paternalism. (shrink)

This paper aims at explicating the role of the connections and interactions between health, well being and beauty. The primary goal of all medical approaches, including the classic biomedical and humanistic or humane approaches, is to restore or create health, whereby medical approaches that include prevention go beyond the mere restoration of health to include the preservation of health. Equating well-being and thus health with a largely self-determined and joyful life, then not only does a healthy life become a beautiful (...) life, a beautiful life also becomes a healthy life! By bringing Beauty into the health discourse, we are entering the field of aesthetics in general and social aesthetics in particular. As the beautiful is not just a decorative element of life but a genuine source of human strength, it gives us the strength and power we need to implement and achieve all that we then experience as “well-being” and that is called a healthy life. Therefore a further development of a human-based medicine is needed, a medicine that focuses not on a disease construct but which places a human being as a whole, with all his potential and limitations at the heart of diagnostic and therapeutic efforts. The noblest therapeutic goal of this kind of medicine can only be the restoration or preservation of a comprehensive state of health in the sense of complete physical, mental and social well-being, in the sense of opening up the possibility for a mostly autonomous and joyful life. (shrink)

In both theoretical and applied contexts the concept of autonomy has assumed increasing importance in recent normative philosophical discussion. Given various problems to be clarified or resolved the author characterizes the concept by first setting out conditions of adequacy. The author then links the notion of autonomy to the identification and critical reflection of an agent upon his first-order motivations. It is only when a person identifies with the influences that motivate him, assimilates them to himself, that he is autonomous. (...) In addition this process of identification must itself meet certain procedural constraints. (shrink)

The concept of the ‘well-being of the child’ (like the ‘child’s welfare’ and ‘best interests of the child’) has remained underdetermined in legal and ethical texts on the needs and rights of children. As a hypothetical construct that draws attention to the child’s long-term welfare, the well-being of the child is a broader concept than autonomy and happiness. This paper clarifies some conceptual issues of the well-being of the child from a philosophical point of view. The main question is how (...) well-being could in practice acquire a concrete meaning and content for a particular issue or situation. A phenomenological-hermeneutic research perspective will be outlined that allows the child’s well-being to be elucidated and specified as an anthropological and ethical idea. It is based on a contextual understanding of generative relationships, a combination of the theory and practice of making sense, here described as ‘generative insight’, which could provide ethical guidance for decision making in families, legal practice, medicine or biomedical research. (shrink)

When groups feature in political philosophy, it is usually in one of three contexts: the redressing of past or current injustices suffered by ethnic or cultural minorities; the nature and scope of group rights; and questions around how institutions are supposed to treat a certain specific identity/cultural/ethnic group. What is missing from these debates is a comprehensive analysis of groups as both agents and objects of social policies. While this has been subject to much scrutiny by sociologists and social psychologists, (...) it has received less attention from a normative and philosophical point of view. This volume asks: what problems are posed to political philosophy by a collection of individuals who act or are treated in a collective way? Focusing not only on ways in which institutions should treat groups, but also on the normative implications of considering groups as possible social agents, when acting either in vertical relations with the state or in horizontal relations with other groups (or individuals), this book explores these issues from both theoretical and practical perspectives, combining questions about the nature of groups, and their social and political impacts, with the particular, pressing considerations to which such groups give rise. (shrink)

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether or not (...) to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

For many, the idea that people should be rewarded in proportion to what they deserve is the very essence of distributive justice. However, while the notion of moral desert is otherwise widely accepted, Rawls rejects it entirely in his A Theory of Justice. Many authors have argued that Rawls’s claims about desert have serious and unappealing consequences for his conception of justice as fairness, and also that they deny the possibility of autonomous choice to the very agents whose decisions are (...) supposed to underlie Rawls’s approach to justice. In this paper, I analyze the arguments of those who believe that Rawls can be interpreted in a way that doesn’t in fact deny either desert or the possibility of autonomous action. I conclude by allowing for the interpretation that Rawls does not necessarily deny autonomous action, but I contend that he nevertheless finds the idea of preinstitutional desert entirely off the mark. (shrink)

Even when a person appears to have consented to another’s interference with her interests, we sometimes treat this apparent consent as ineffective. This may either be because the law does not permit consent to validate the actions concerned, or because the consent is undermined by the presence of additional factors which render it insufficiently autonomous to be effective. In this paper I propose that the project of categorising and systematically analysing the latter set of cases, would be furthered by recognising (...) (1) that prima facie consent is undermined when the prima facie consenter’s autonomy to choose whether or not to consent has been unfairly constrained, and (2) that theoretical and doctrinal clarity can be promoted by analysing the factors that unfairly constrain autonomy in the criminal law using a framework developed in contract law to determine analogous questions arising in relation to assent to a contract. (shrink)

According to the traditional Western concept of freedom, the ability to exercise free will depends on the availability of options and the possibility to consciously decide which one to choose. Since neuroscientific research increasingly shows the limits of what we in fact consciously control, it seems that our belief in free will and hence in personal autonomy is in trouble. -/- A closer look at the phenomenology of Obsessive-Compulsive Disorder (OCD) gives us reason to doubt the traditional concept of freedom (...) in terms of conscious control. Patients suffering from OCD experience themselves as unfree. The question is whether their lack of freedom is due to a lack of will power. Do they have too little conscious control over their thoughts and actions? Or could it be the opposite: are they exerting too much conscious control over their thoughts and actions? -/- In this chapter, we will argue that OCD patients testify to the general condition that exercising an increased conscious control over actions can in fact diminish the sense of agency rather than increase the experience of freedom. The experiences of these patients show that the traditional conception of freedom in terms of ‘free will’ has major shortcomings. There is an alternative, however, to be found in the work of Hannah Arendt. She advocates a conception of freedom as freedom in action. Combined with phenomenological insights on action, Arendt’s account of freedom helps us to get a more adequate understanding of the role of deliberation in the experience of freedom. We argue that the experience of freedom depends on the right balance between deliberate control and unreflective actions. (shrink)

The ‘agents’ of toleration can be divided into three categories: public institutions, groups and individuals. If it is mostly accepted that both public institutions and individuals are capable of toleration, it is not clear that such a capacity can be attributed to groups, although in daily discourse we seem ready to say that a certain social group is (in)tolerant. This article aims to address this issue by investigating the relationship between collective agency and social groups. Formal groups (e.g. corporations) have (...) internal rules and collectively recognized decision-making procedures that constitute a collective behaviour. However, it is not clear if and in what sense such a capacity is also upheld by informal groups. This article discusses some competing criteria to define informal groups and proposes the shared convictions criterion. In conclusion, this criterion is applied to toleration-related issues, so as to reconcile our ordinary understanding of groups’ toleration with a more technical analysis. (shrink)

One of the most fascinating issues in the emerging field of neuroethics is pharmaceutical cognitive enhancement (CE). The three main ethical concerns around CE were identified in a Nature commentary in 2008 as safety, coercion and fairness; debate has largely focused on the potential to help those who are cognitively disabled, and on the issue of “cosmetic neurology”, where people enhance not because of a medical need, but because they want to (as many as 25% of American students already use (...) nootropic cognitive enhancers such as ritalin). However, the potential for CE to improve public health has been neglected. This paper examines the prospect of improving health outcomes through cognitive enhancement among sections of the population where health inequalities are particularly pronounced. I term this enhancement of the public's health through CE “neuroenhancing health”. It holds great promise, but raises several ethical issues. This paper provides an outline of these issues and related philosophical problems. These include the potential effectiveness of CE in reducing health inequalities; issues concerning autonomy and free will; whether moral enhancement might be more effective than cognitive enhancement in reducing health inequalities; and the problem of how to provide such CE, including the issue of whether to provide targeted and universal coverage. (shrink)

Ethical issues arise in the world’s first population-level treatment of severe lead poisoning caused by small-scale mining for gold in rural Nigeria. Emergency medical intervention and environmental cleanup have reduced the mortality in children younger than 5 years from lead poisoning from over 40 to 2.5 per cent leaving little evidence of the harms caused by lead poisoning. In the absence of obvious sequelae, family adherence to long-term intensive therapy to remove accumulated lead reservoirs in children wanes and some community (...) miners challenge safer mining interventions to prevent recontamination of the environment with lead. This letter raises questions regarding community versus individual rights in public health interventions and patient autonomy. (shrink)

This article explores the values that should be promoted in civic education for democracy and also how the promotion of values can be non-coercive. It will be argued that civic education should promote the values of reasonableness, mutual respect and fairness, but also that only public, political reasons count in attempting to justify the content of civic education. It will also be argued that the content of civic education may legitimately be broader than this, including but not restricted to the (...) values of autonomy, integrity, magnanimity, truthfulness and generosity. At the same time, if civic education is seen merely as a means to shape and form future citizens, then the promotion of values in civic education will be a coercive imposition on children and young people. If the promotion of values instead is to be non-coercive it must be defended with reasons that children and young people should be able to accept. (shrink)

The rehabilitation of the concept of authority is one of the more contentious positions advocated by Gadamer in Truth and Method (1960). Habermas in particular challenged the universality of Gadamer’s hermeneutic project by presenting this rehabilitation as a conservative legitimation of prevailing prejudices which truncates the role of critical reflection. Given that Gadamer’s primary focus is upon the ramifications of the Enlightenment dichotomy between reason and authority for historical hermeneutics, however, and that his examples are drawn primarily from educational domains, (...) the extent to which his account of authority sustains a political interpretation is far from self-evident. In this article I argue that Gadamer’s account can nonetheless make at least two important contributions to contemporary philosophical debates on political authority. Following a brief exposition of Gadamer’s account of authority in Truth and Method, I examine his suggestion that the basis of legitimate political authority is to be found in the normative status of the right to be authoritative, rather than in the factual status of being in a position of authority. This account, I suggest, places in question the abstract dichotomy between theoretical and practical authority which informs much contemporary debate on political authority. I then demonstrate how Gadamer’s emphasis upon the historicity of tradition offers important insights for discussions of the relation between political authority and moral autonomy. (shrink)

It is well known that prisoners’ human rights are often violated. In this chapter we examine whether guidelines can be effective in preventing such violations and in helping physicians resolve the significant conflicts of interest that they often face in trying to protect prisoners’ rights. We begin by explaining the role of clinical and ethical guidelines outside prisons, in the context of healthcare for non-incarcerated prisoners, and then the specific role of such guidelines within prisons, where the main concerns are (...) ensuring respect for the principle of equivalence of care, and for a prisoner patient’s autonomy in health care decisions. After reviewing and analysing various national and international guidelines, we review the literature and assess whether the good practices set out in these guidelines actually translate into changes in professional behaviour and consequent benefits for prisoners. It emerges that physicians both outside and within prisons tend to be insufficiently familiar with the relevant guidelines, and that they too infrequently use the guidance to make decisions, preferring instead to use personal codes of conduct. Guidelines designed specifically for the prison context are important to ensure equivalence of care and should be better known by health care personnel and other professional groups working in prison. Further guidelines should be developed that describe challenging situations and provide concrete guidance as to how to deal with them. (shrink)

Legitimate parental interests need to be distinguished from any putative rights parents qua parents may be said to possess. Parents have no right to insulate their children from conceptions of the good at variance with those of their own. Claims to the right to faith schools, private schools, home-schooling or to withdraw a child from any aspect of the curriculum designed to enhance a child’s capacity for autonomous decision-making, are refuted.

At the beginning of the 16 th century, Transylvania had been an officially Catholic land belonging to the Kingdom of Hungary and led by an elite consisting of three nations, the Hungarian nobles (increasingly referred to as the Hungarian nation), the Saxons and the Szeklers. However, the general population, deprived of any political power, consisted of Orthodox Romanians. In other words, in Transylvania the Latin West met the Byzantine Orient. The old Hungary fell apart between 1526 and 1541, its central (...) regions taken by the Ottoman Empire, the west and the north by the Habsburgs, while the eastern part, Transylvania, became an autonomous principality under Ottoman suzerainty. At the same time, various Protestant trends made their presence felt among the leading nations, eventually crystallizing in the form of Lutheranism, Calvinism, and Unitarianism. In the space of three decades (1540–1570) these rival denominations gained legal status and joined Catholicism as the official religions of the country. Catholicism became a marginal denomination, deprived of assets and of its hierarchy. Under Protestant pressure, the Orthodox Romanians were still kept away from power. The last three decades of the century saw some attempts at Counterreformation and at a Catholic Reformation, at a time when the principality was once again led by a Catholic dynasty. In this context, new Catholic cultural (educational) models, supported by the Jesuits, were implemented in the existing Protestant and Orthodox context, in an often desperate attempt to reverse or at least balance the situation. In this respect, the Jesuit College of Cluj (today Cluj-Napoca, Romania), established in 1581, remains a most memorable episode, whose consequences can still be seen today. By resorting to education and learning, the college was meant to influence and alter the surrounding Protestant and Orthodox world. In fact, it became an interesting facet of the multicultural, multiethnic and multiconfessional character of Transylvania, a miniature Europe inhabited by Latin, Germanic, Finno-Ugrian, Slavic peoples etc., by Byzantines, Catholics and Protestants, by rightful citizens and “tolerated” inhabitants, by masters and servants, by privileged categories and by groups merely “allowed to exist”. The troubled events of those years have left us with a model of cohabitation based on both cooperation and rivalry that truly deserves consideration. (shrink)

A live organ donor needs to be informed carefully about the risks and benefits of her donation for both herself and her recipient, but a key ethical question is how much the donor is allowed to know about the recipient. To decide this question, we must first decide whether, out of respect for autonomy, the donor should decide how much she wants to know, or whether the transplant team, as the professionals, should decide what information is relevant to the donor's (...) decision. I argue that the transplant team should control the process. While the donor has the right to know enough about her recipient to assess the risk to herself and the prospects for a successful donation, she is not entitled to any further information, no matter how much she wants it. In particular, I argue that donors are not entitled to information that has not been shown to affect outcomes, but that they should be told if a recipient is HIV or that he has rejected a previous organ due to non-compliance. Donors have a right to make decisions with all the information they need, but recipients need not make their lives completely transparent. (shrink)

Generally speaking, just war theory (JWT) holds that there are two just causes for war: self-defence and ‘other-defence’. The most common type of the latter is popularly known as ‘humanitarian intervention’. There is debate, however, as to whether these can serve as just causes for preventive war. Those who subscribe to JWT tend to be unified in treating so-called preventive war with a high degree of suspicion on the grounds that it fails to satisfy conventional criteria for jus ad bello; (...) – particularly the just cause and last resort criteria. Francisco di Vitoria held that the only just cause for war was ‘a wrong received’, which renders impossible any justification for preventive war. There are assumptions implicit in recent military practice, however – most notably, the US-led invasion of Iraq in 2003 – that challenge this ban on preventive war. Interestingly, both supporters and critics attempt to justify their views through the broader logic of JWT; viz., through a conception of what is good for both political communities and individuals, and through a legitimate defence of these goods. Supporters point to situations where so-called rogue states represent ‘grave and imminent risk’ of committing acts of aggression as grounds that justify preventive war; critics argue that to attack another political community on the basis of crimes not yet committed is a breach of the very rights JWT was created to defend. The advocate of preventive war does not appreciate important aspects concerning the morality of war. In the ongoing tension between Iran and The United States and her allies – if the rhetoric is to be believed – I am asked to tolerate a threat to my security and liberty, and to risk suffering aggression in defence of the rights of the antagonistic, but not yet aggressive, state. The crucial question is how such tolerance and risk fit in with the logic of just war: at what point, if any, does the risk of being attacked become great enough to justify declaring war in anticipation? In this paper I highlight some of the theoretical and practical difficulties in determining what counts as a grave and imminent threat, focusing especially on the complicated case of ‘imminence’ in the face of so-called ‘Weapons of Mass Destruction’. Secondly, I will argue that not only is the notion of preventive war inconsistent with the defence of the rights of political communities that JWT requires; it is also forbidden by the proportionality requirement of jus ad bellum. A risk of being subjected to aggression is the price for global peace. Whilst political communities can do much to prevent aggression and prepare themselves in case it occurs, the conditions for just war require that this prevention and preparation stop short of declaring war. We must live with a certain degree of risk in this area. (shrink)

A case of Moral Luck occurs whenever we normatively assess agents for things that depend on factors beyond their control. The paper takes a comparative approach and examines how morality and law deal with such cases. The comparative perspective allows us to explain the problem of Moral Luck as a tension inherent in normative orders: While normative orders are based on a strong connection between responsibility and voluntariness, this idealist assumption is at least partly at odds with their functional requirements (...) as social orders. The paper examines how law and morality converge and differ in resolving this tension in cases of Moral Luck. Finally, the paper concludes with a brief discussion of some more general features of the normative orders of morality and the law that follow from this "bottom-up" analysis of Moral Luck. (shrink)

Several of the Middle East’s traditional economic institutions hampered its political development by limiting checks on executive power, preventing the formation of organized and durable opposition movements, and keeping civil society weak. They include Islam’s original tax system, which failed to protect property rights; the waqf, whose rigidity hampered the development of civil society; and private commercial enterprises, whose small scales and short lives blocked the development of private coalitions able to bargain with the state. These institutions contributed to features (...) that sustain autocracies and keep democracies unstable: high corruption, low trust, widespread nepotism and high tolerance for law-breaking. (shrink)

In this article I oppose the current account of autonomy and informed consent in bioethics through criticising the four underlying prejudices of an objectivistic, dualistic, rationalistic and individualistic misunderstanding of the will. With special regard to the case of patients with dementia I argue for the thesis that the principle of autonomy, as moral principles in general, has unconditional and universal validity, but has to be applied differently in the face of specific situations and circumstances by means of the power (...) of judgment (Urteilskraft). As the philosophical resp. anthropological basis of my argument I develop a broad understanding of the will in an Aristotelian and phenomenological sense. The practical consequences of my thesis consist in the ethical requirement of equal respect for the will of mentally ill patients. http://dx.doi.org/10.12697/spe.2013.6.2.03. (shrink)

Social theory between progress and apocalypse -- Autonomy and domination: Weber's cage -- Barbarism and modernity: Eisenstadt's regret -- Integration and justice: Parsons' utopia -- Despising others: Simmel's stranger -- Meaning evil -- De-civilizing the civil sphere -- Psychotherapy as central institution -- The frictions of modernity and their possible repair.

Toleration and respect are types of relations between different agents. The standard analyses of toleration and respect are attitudinal; toleration and respect require subjects to have appropriate types of attitudes towards the objects of toleration or respect. The paper investigates whether states can sensibly be described as tolerant or respectful in ways theoretically relevantly similar to the standard analyses. This is a descriptive question about the applicability of concepts rather than a normative question about whether, when and why states should (...) be tolerant or respectful. The problem of institutional application is that institutions in general and the state in particular arguably cannot have attitudes of the required kind. This problem is distinct from, and broader than, well-known problems about whether political toleration is normatively legitimate. To make sense of political toleration or respect, the paper proposes that the analysis of institutional toleration and respect should not be solely agent-centred (as in attitudinal analyses) or patient-centred (as in explanations of the good of toleration or respect in terms of the effects of being tolerated or respected). The analysis should also include features about the relation itself. We can describe institutions as tolerant or respectful in a sense relevantly similar to the standard analyses if we focus on the public features of the relation between institutions and citizens or groups, without ascribing attitudes in the problematic sense. (shrink)

South Africa currently has a pluralistic health care system with separate public and private sectors. It is, however, moving towards a socialised model with the introduction of National Health Insurance. The South African legislative environment has changed recently with the promulgation of the Consumer Protection Act and proposed amendments to the National Health Act. Patients can now be viewed as consumers from a legal perspective. This has various implications for health care systems, health care providers and the doctor-patient relationship.

O objetivo deste texto é analisar o argumento da economia que justificaria a tolerância como um dos maiores fatores para o desenvolvimento dos povos, no século XVII, segundo a interpretação de Locke. Expressando de outro modo, este texto pretende responder a seguinte questão: qual o lugar da dimensão econômica na teoria lockiana sobre a tolerância? The objective of this text is to analyze the economic argument that justifies tolerance as a major contributor to the development of peoples in the seventeenth (...) century, according to the interpretation of Locke. Put another way, this paper aims to answer the following question: What is the place of the economic dimension in the Lockean theory of tolerance? (shrink)

In his article "Markets and the Needy: Organ Sales or Aid?" T. L. Zutlevics briefly touches upon the conceptual link between the practice of living1 suppliers2 selling their kidneys and prostitutes selling sexual services. In an attempt to defuse Gerald Dworkin's (Dworkin 1993) appeals to autonomy that undergird his justification of establishing a controlled market in transplantable organs from living suppliers, Zutlevics writes:Whilst initially appealing, this argument is problematic in that it justifies a great deal more than allowing the poor (...) to sell their organs. The situations of the poor can be so desperate that even actions which cause extreme harm would constitute an improvement in their situation. . . . .. (shrink)

The advent of new genetic and genomic technologies may cause friction with the principle of respect for autonomy and demands a rethinking of traditional interpretations of the concept of informed consent. Technologies such as whole-genome sequencing and micro-array based analysis enable genome-wide testing for many heterogeneous abnormalities and predispositions simultaneously. This may challenge the feasibility of providing adequate pre-test information and achieving autonomous decision-making. At a symposium held at the 11th World Congress of Bioethics in June 2012 (Rotterdam), organized by (...) the International Association of Bioethics, these challenges were presented for three different areas in which these so-called ‘new genetics’ technologies are increasingly being applied: newborn screening, prenatal screening strategies and commercial personal genome testing. In this article, we build upon the existing ethical framework for a responsible set-up of testing and screening offers and reinterpret some of its criteria in the light of the new genetics. As we will argue, the scope of a responsible testing or screening offer should align with the purpose(s) of testing and with the principle of respect for autonomy for all stakeholders involved, including (future) children. Informed consent is a prerequisite but requires a new approach. We present preliminary and general directions for an individualized or differentiated set-up of the testing offer and for the informed consent process. With this article we wish to contribute to the formation of new ideas on how to tackle the issues of autonomy and informed consent for (public) healthcare and direct-to-consumer applications of the new genetics. (shrink)

Roman Catholics have a long tradition of evaluating medical treatment at the end of life to determine if proposed interventions are proportionate and morally obligatory or disproportionate and morally optional. There has been significant debate within the Catholic community about whether artificially delivered nutrition and hydration can be appreciated as a medical intervention that may be optional in some situations, or if it should be treated as essentially obligatory in all circumstances. Recent statements from the teaching authority of the church (...) have attempted to clarify this issue, especially for those with a condition known as the persistent vegetative state. I argue that these recent teachings constitute a “general norm” whereby artificial nutrition and hydration are considered obligatory for most patients, but that these documents allow for exception in cases of complication from the means used to deliver nutrition and hydration, progressive illness, or clear refusal of such treatment by patients. While the recent clarifications do not constitute a major deviation from traditional understanding and will rarely conflict with advance directives or legal statutes, there may be rare instances in which remaining faithful to church teaching may conflict with legally enshrined patient prerogatives. Using the Texas Advance Directives Act as an example, I propose ways in which ethics committees can remain faithful to their Roman Catholic identity while respecting patient autonomy and state law pertaining to end of life health care. (shrink)

(2013). Electronic Fences Make Good Neighbors: The Importance of Medical Records Managers to Protecting Autonomy. The American Journal of Bioethics: Vol. 13, No. 4, pp. 50-52. doi: 10.1080/15265161.2013.767965.

Kant’s concept of autonomy promises to solve the problem of the actuality of freedom. The latter has actuality as a practical capacity insofar as the will is objectively determined through the form of law. In later writings, however, Kant situates the actuality of freedom in the “absolute spontaneity” of choice, and connects the reality of autonomy itself to the condition of a “radical” act of free choice. The reason for this resides in the fact that his first solution is marked (...) by a certain defect: it does not contain a sufficient concept of the actuality of a practical capacity. This essay elaborates a revised account of Kant’s concept of freedom in light of this insight. The argument is that we need to distinguish force and faculty in order to understand the actuality of a capacity. Only on this basis can we introduce the idea of imagination as a pre-reflexive force of practical reason and the idea of reflective judgment as a power of practical judgment in order to realize how free choice is capable of generating a maxim that has the form of a law spontaneously and of its own accord. In this way, we see that the actuality of freedom necessarily includes the spontaneity of choice, and that human freedom manifests a certain paradoxicality: the university of the will is bound to a subjective ground of determination, to a pre-reflexive act of "radical" choice. (shrink)

Climate change harms health and damages and diminishes environmental resources. Gradually it will cause health systems to reduce services, standards of care, and opportunities to express patient autonomy. Prominent public health organizations are responding with preparedness, mitigation, and educational programs. The design and effectiveness of these programs, and of similar programs in other sectors, would be enhanced by greater understanding of the values and tradeoffs associated with activities and public policies that drive climate change. Bioethics could generate such understanding by (...) exposing the harms and benefits in different cultural, socioeconomic, and geographic contexts, and through interdisciplinary risk assessments. Climate change is a bioethics problem because it harms everyone and involves health, values, and responsibilities. This article initiates dialog about the responsibility of bioethics to promote transparency and understanding of the social values and conflicts associated with climate change, and the actions and public policies that allow climate change to worsen. (shrink)

The freedom of spirit, Hegel claims, consists in “the emancipation of spirit from all those forms of being that do not conform to its concepts.” That is, freedom must be understood as “liberation [Befreiung].” The paper explores this claim by starting with Hegel’s critique of the (Kantian) understanding of freedom as autonomy. In this critique Hegel shows that norms or “laws” have to be thought of as “being”—not as “posited.” This is convincing, but it leaves open the question of the (...) relation between law and freedom (i.e., the very question that the concept of autonomy was meant to solve). In its second part the paper claims that Hegel’s solution to this problem consists in the analysis of freedom as the “historical” process of “social” transformation. While social norms ordinarily or habitually exist in the form of a second nature—according to Hegel, this is the form they necessarily take on in their social reality—, the act of liberation radically changes their mode of being: liberation is the momentary and transitory act of the ontological transformation of social norms from nature into freedom. (shrink)

This article argues that Buddhists can consistently support autonomy as an educational ideal. The article defines autonomy as a matter of thinking and acting according to principles that one has oneself endorsed, showing the relationship between this ideal and the possession of an enduring self. Three central Buddhist doctrines of conditioned arising, impermanence and anatman are examined, showing a prima facie conflict between autonomy and Buddhist philosophy. Drawing on the ‘two truths’ theory of Nagarjuna, it is then shown that the (...) prima facie conflict can be defused by noting that the self has reality at one level, but is a fiction at another level. This approach allows us a new way of seeing autonomy as an extrinsic value—as a step in the journey towards nirvana, but of no value once one has achieved nirvana. (shrink)

This paper argues that the direct, vertical toleration of certain types of citizen by the Rawlsian liberal state is appropriate and required in circumstances in which these types of citizen pose a threat to the stability of the state. By countering the claim that vertical toleration is redundant given a commitment to the Rawlsian version of the liberal democratic ideal, and by articulating a version of that ideal that shows this claim to be false, the paper reaffirms the centrality of (...) vertical toleration in the Rawlsian liberal account of state-citizen relations. (shrink)

Shapiro has suggested that the empirical plausibility of the multiple realizability of human-like minds is dubious, because a contrary thesis, the Mental Constraint Thesis, enjoys positive empirical evidence. The Mental Constraint Thesis states that, given the actual physical laws, there is only one way to realize a human-like mind. I will suggest, however, that the Mental Constraint Thesis is not a contrary to the empirical multiple realizability thesis relevant to psychological reduction or autonomy and, as a consequence, has no bearing (...) on those classificatory issues. (shrink)

(2013). The Scope of Autonomy: Kant and the Morality of Freedom. British Journal for the History of Philosophy: Vol. 21, No. 2, pp. 412-415. doi: 10.1080/09608788.2013.771254.

This paper revisits the concept of autonomy and tries to elucidate the fundamental insight that freedom and law cannot be understood through their opposition, but rather have to be conceived of as conditions of one another. The paper investigates the paradigmatic Kantian formulation of this insight and discusses the diagnosis that the Kantian idea might give rise to a paradox in which autonomy reverts to arbitrariness or heteronomy. The paper argues that the fatal version of the paradox can be defused (...) if we avoid the legalistic model of autonomy and rather turn to the model of participation in a practice. This leads to a dialectical understanding of the idea of autonomy that preserves the insight that freedom and law are mutually conditioning and simultaneously reveals that they remain in irresolvable tension with one another. (shrink)

Christine Straehle | : Qui peut revendiquer un territoire, sur quelles bases et avec quelles conséquences sont des questions qui font l’objet de débats en philosophie politique contemporaine. En réponse, j’adopte « la théorie de l’État légitime » proposée par Stilz. Selon Wellman, une conséquence des revendications territoriales serait le droit de l’État de refuser la migration sur son territoire. Je juxtapose son propos de l’État légitime avec celui de Stilz et soutiens que, si l’on accepte la fondation de l’État (...) légitime sur la valeur de l’autonomie individuelle, accepter seulement des devoirs négatifs, soit de ne pas violer les droits des non-citoyens, n’est pas plausible. Je justifie les devoirs positifs des États légitimes d’aider à la réalisation de l’autonomie individuelle pour tous ceux dont les États d’origine échouent à la tâche et qui souhaitent se joindre et soutenir les institutions de l’État légitime. Cela implique l’obligation de l’État de permettre leur immigration. | : Who can claim a territory, on what grounds and what such claims entitle to has recently been the subject of much philosophical debate. In answer to this question, I adopt the ‘legitimate state theory’ proposed by Stilz. One consequence of the claim to territory that has been proposed by Wellman is the right to refuse migration onto a territory. I contrast his and Stilz’ account of the legitimate state and argue that if we accept that legitimate states are grounded on the value of individual autonomy, it is not plausible why states only have the negative duty to not violate human rights in dealings with non-citizens ; instead, I argue that states have positive duties to realize the possibility for individual autonomy for all those whose states fail in providing them with the means to individual autonomy and who wish to join and support the institutions of the legitimate state. This implies a duty to allow their immigration. (shrink)

Does evolutionary theory have the potential to undermine morality? In his book The Evolution of Morality, Richard Joyce (2006) argues for a positive answer. He contends that an evolutionary account of morality would undermine moral judgements and lend support to moral scepticism. I offer a critique of Joyce’s argument. As it turns out, his case can be read in two different ways. It could be construed as an argument to establish a general scepticism about the justification of moral judgements. Or (...) it could be read as an argument that targets only a particular meta-ethical position, namely moral realism. My claim is that it fails on both interpretations. There is no reason to believe that evolutionary considerations undermine morality. (shrink)

But of all diversions, the theater is undoubtedly the most entertaining. Here we may see others act even when we cannot act to any great purpose ourselves. Skepticism about the possibility of autonomous action accounts in part for romanticism’s many theatrical failures—misfires precisely because they stage failures to act. Uncertain whether the playing out of the revolution in France underscored the capacity of people to act independently or confirmed their status as mere instruments of heteronymous forces, the romantic dramas of (...) Heinrich Von Kleist and William Wordsworth direct our attention not to the actions of characters but to the character of action. This uncertainty about the possibility of .. (shrink)

Hegel famously argued that Kantian Moralität is an empty formalism. This article offers a defense of Kant’s formalism and suggests that it is crucial to Hegel’s own idealism. My defense, however, depends on reading Kantian morality non-morally, as a theory of normative authority. Through a reading of the Grundlegung and Religion, the article delineates Kant’s hyperbolic formalism—the insistence on giving an account of the form of rational agency by isolating willing from all content. The article accordingly assesses Kant’s understanding of (...) autonomy as a matter of institution-subjection. It also critically engages Henry Allison’s groundbreaking work on Kant. Hegel follows Kant in arguing that determinacy is a matter of institution-subjection, and in the Logic provides a radically formalist justification of the role of normative authority in determinacy. Unlike Kant, who articulates institution-subjection as a matter of an isolated subject, Hegel shows that institution-subjection is a matter of social practices. (shrink)

Scholars have remained undecided how much the British Idealists owe to Hegel, how much to Kant, and how much they may be credited with minting a new intellectual coinage of their own. By way of a detailed examination of T. H. Green’s metaphysics of free will and how it stands to both its Kantian and its Hegelian predecessors, this paper attempts to make some headway on that longstanding question of pedigree. It is argued that by translating previously naturalistic considerations about (...) free will into Kantian or atemporalist terms, Green makes some useful and important advances. But he still remains subject to the tension between libertarian and autonomous approaches to the issue. It might be wondered whether any theory could ever reconcile these two approaches, but it is argued that by filtering his Kantianism through a more Hegelian lens, Green manages somewhat to reduce the friction between these two perspectives and to get closer to his ideal of a unified theory of human free will. (shrink)

In a world allegedly lacking a moral compass, tolerance has become the major virtue of our time. All profess to be tolerant, but how tolerant are we in reality? As a case in point, how tolerant are philosophers themselves? A short overview of philosophy seems to suggest that they are less tolerant than one might imagine. A few reasons for this are provided : on the one hand, their commitment to issues of truth, logic and argument makes them perhaps intolerant (...) of what they view as blatantly absurd or flawed views; on the other hand, the often very ideological nature of philosophy itself does its part to make philosophers less open to differing or opposite points of view. (shrink)

This paper will begin by clarifying the kind of context, which requires toleration. My point of departure is a characterization of modernity that both departs from the classical modern theory of secularization and draws from the current research on multiple modernities. Because of the more or less recent resurgence of religion we can no longer characterize toleration on the basis of a theory of secularization. This will lead to the definition of conflict and tolerance within the confines of a post-secular (...) society. The philosophical component of the concept of toleration will be taken from both Aristotle and Kant in the sense that toleration is not only a necessary virtue in modern society, it is also a normative notion based on respect for the law. Finally, the paper concludes that toleration must be conceived of as a principle of justice in a society that requires respect not only for the rights of others but for their cultures as well. (shrink)

This paper proposes an initial epistemological course related to the notions of life, cognition, and culture from the fundamental elements of the complexity theory and, specifically, related to the notion of self-eco-organization. With these, we pretend to search isomorphic or transverse properties to all these notions; emphasizing the ideas of complexity, autonomy and dependence. El presente trabajo propone un derrotero epistemológico preliminar en torno a las nociones de vida, cognición y cultura, desde la base de algunos elementos de la teoría (...) de la complejidad y en específico, en torno a la noción de auto-eco-organización. Con ellos, se pretende la búsqueda de isomorfismos o propiedades transversales a todas estas nociones, centrándose en la ideas de complejidad, autonomía y dependencia. (shrink)

Castoriadis views the project of autonomy as central to both political action and philosophical thinking. Although he acknowledges that the political project has retreated, he insists on its thinkability as a viable project. We argue that this insistence gives rise to an unresolved tension. Specifically, Castoriadis’ substantive response to the question ‘what ought we to think?’, which he gives in terms of the pursuit of the philosophical project of autonomy, ultimately fails to recognise the unavoidable effect of the political project’s (...) retreat on the thinker and this failure raises doubts as to whether Castoriadis’ own thinking has the potential to move beyond a merely journalistic style of critique, which he finds objectionable. (shrink)

What can we learn from pre-industrial societies and organizations to achieve a sustainable development? As the pressure on organizations for a more sustainable world is increasing, some suggest that pre-industrial societies have lessons to teach. Organizations studies have borrowed very little from anthropology studies and have therefore not benefited from the cultural analysis they provide. This paper digs into this untapped reservoir of knowledge, and suggests a twofold discussion. The first part presents counterintuitive results that dismiss common assumptions: indigenous organizations (...) are not more conservationist than modern organizations, their dependence upon nature has translated into cultural practices which were hastily interpreted as forms of respect, their interest for the natural environment being rather guided by survival and cultural autonomy. Whereas tribal groups are dependent upon natural resources and cycles, modern societies and organizations have used technology to exploit the natural world. Yet, modern societies and organizations can benefit from knowledge withheld by indigenous cultural groups. I conclude on the idea that a sustainable model is yet to be found, and that a new paradigm of individual and group behavior has to emerge to confront environmental degradation and scarcity of natural resources. (shrink)

This article goes into the intentions and motives behind De Veritate (1627), famous apologetic work by the Dutch humanist and jurisconsult Hugo Grotius (1583-1645). De Veritate will be compared with two other seminal works written by Grotius, De iure belli ac pacis (1625) and the Annotationes in Novum Testamentum (1641-1650). The focus will be on one particular aspect that comes to the fore in all three works: the way Grotius reduced the Christian faith to a minimal religion by singling out (...) the essential tenets this faith had in common with other religions. The core of Grotius's argumentation consists in the idea that believers and, in particular, civil authorities have to distinguish between a few essential religious tenets that could be made rationally acceptable, and a set of supernatural dogmas, derived from divine revelation, that did not pass a certain, albeit very high degree of probability. As far as the second category was concerned, civil tolerance was called for. As becomes clear from contemporary correspondences, Grotius did not develop these rather controversial ideas in an intellectual vacuum. During his exile in Paris, he fostered contacts with members of the circle that formed around the French monk Marin Mersenne (1588-1648). This circle functioned as a kind of hothouse for the development of a minimal Christian creed. Members of this group saw promotion of a minimal creed as a solution to current religious controversies and the ensuing political turmoil and (civil) war, which were abhorred for their detrimental effects on the advancement of learning in the first place. On the other hand, it is also apparent that overt adherence to such an ideal was considered to be dangerous, because it would at least evoke the embarrassing and even repressive attention of the authorities in Church and government. An additional problem was that by defending such a religious stance, members of Mersenne's circle laid themselves open to accusations of endorsing `rational beliefs' like Socinianism, generally considered to be the worst heresy among all Christian denominations. (shrink)

This paper assesses the philosophical project of Charles Scott, beginning with his first book, Boundaries in Mind, and including his most recent work on “Bor­dered Americans.” The interpretive focus for the assessment concentrates on what Scott early on characterizes as boundary awareness: the appearing of difference in appearance. In this context, it is argued that what is fundamentally at issue in Scott’s philosophy is a sense of freedom other than that which is associated with subjectivity and its presumed autonomy.

La meta del presente artículo es defender la tesis de que la aceptación de las ideas fundamentales del liberalismo político no conducen necesariamente a una concepción de la justicia global minimalista como la que desarrolló John Rawls en The Law of Peoples. Sostendré, contra lo que el filósofo explícitamente afirma, que las democracias liberales contemporáneas pueden apelar públicamente, en la esfera política global, a los ideales igualitarios y a una concepción robusta de los derechos humanos como justificación de ciertos aspectos (...) de su política exterior. Intentaré demostrar que ello no resulta incompatible con el requisito de asumir una posición de tolerancia y de respeto con las naciones que suscriben mayori-tariamente formas de vida y sistemas de creencias incompatibles con algunos de los valores liberales más significativos. The purpose of the following article is to sustain the view that accepting the basic notions of political liberalism does not necessarily lead to a minimalistic concept of global justice as that developed by John Rawls in The Law of Peoples. In opposition to his explicit opinion, I shall hold that -within the global political field- contemporary liberal democracies can publicly hold egalitarian ideals and a robust conception of human rights in order to justify some of the features of their foreign policy. I shall try to demonstrate that this is not incompatible with the required tolerance and respect toward nations that conspicuously embrace ways of life and belief systems incompatible with some of the most relevant liberal values. (shrink)

Since the late 1990s, the dynamics of welfare reform in Taiwan have gradually shifted to tackling new social risks emerging from economic globalization and labor market changes. This article analyzes these structural changes and the relevant institutional features of the labor market. The rise of atypical work has generated wide concern regarding its low wage income and insufficient social protection, triggering debates about which policy measures can effectively tackle the problem of the working poor. Drawing on the quantitative data from (...) a social quality survey conducted by the Social Policy Research Center in National Taiwan University (NTUSPRC) in 2009, our analysis explores the social exclusion differences between regular and atypical workers for their objective and subjective experiences. The objective experiences include current financial situations, negative events, living conditions and political activities of the workers, whereas the subjective experiences refer to their feelings in family position, welfare assessment, discrimination, and autonomy. Our analysis helps explain the effects of work status on the degrees of social exclusion, both in the private and public spheres. The social exclusion experiences of working conditions shed light on social quality in Asia. (shrink)

Prominent thinkers such as Jurgen Habermas and Michael Sandel are warning that biomedical enhancements will undermine fundamental political values. Yet whether biomedical enhancements will undermine such values depends on how biomedical enhancements will function, how they will be administered and to whom. Since only few enhancements are obtainable, it is difficult to tell whether these predictions are sound. Nevertheless, such warnings are extremely valuable. As a society we must, at the very least, be aware of developments that could have harmful (...) consequences. Indeed, if important values were to be jeopardized, we should take appropriate measures to protect them. This paper focuses on four central values: solidarity, personal responsibility, equality and autonomy. It delineates the conditions under which biomedical enhancements would undermine these values. It also details the circumstances under which these values would be unaffected by enhancements as well as those under which they would be promoted. Specifying these conditions is valuable; it would enable society to prepare appropriate ethical guidelines and policy responses in advance. (shrink)

John McDowell and Christine Korsgaard have defended the claim that when human beings judge or believe that p, they are exercising a fundamental kind of freedom, the “freedom of judging.” David Owens has challenged the view: he argues that they offer us at best no more than a modest notion of freedom, which does not vindicate the claim that we are free in many relevant instances of judgment, in particular in perceptual judgment. I argue that Owens is right if we (...) view the freedom of judgment along the lines of McDowell’s and Korsgaard’s proposals – as being a form of freedom which is describable as “freedom of choosing between alternatives,” but that that is not the only option available. In order to secure the nexus between reason and freedom, we can exploit a quite distinct model of freedom, which is the “freedom of autonomy.”. (shrink)

Pietsch, Chelsea In a claim of negligence, plaintiffs must be able to prove that they have suffered some sort of damage or loss. Proving damage is usually a straightforward task which involves making a comparison between the plaintiff's position before and after the alleged negligence. However, what damage has been done if a doctor's negligence results in the conception and subsequent birth of a child? Is it ever possible to conceive of life as damage? These questions must ultimately be addressed (...) in wrongful birth claims where parents seek compensation for the conception and/or birth of a life that would not have existed but for the doctor's negligent advice or treatment. However, they are not as easy for judges to answer as you may think. Judges have a duty to resolve such matters - not with reference to vague notions of 'common sense' or 'community interests' - but in accordance with established law. However, what if there is no statute or precedent that speaks on the matter? How should judges resolve such 'novel' issues? Can judges rely on 'common sense' or arguments about 'community interests' in these limited circumstances? The question of whether or not a child may be categorised as damage for the purpose of satisfying a claim in negligence is such an issue. In this essay I acknowledge that, in the absence of guiding legal rules and principles, judges have no choice but to resolve novel questions on grounds of policy considerations. I suggest, however, that a distinction should be made between legal and public policy and that reliance on the former, not the latter, may be used to assert that children are blessings, not injuries. While it may be morally desirable for the issue to end there, this is not the case. Legal policy has also developed the notion of reproductive autonomy in such a way that suggests the opposite may also be true. In an attempt to resolve these conflicting values, I propose the damage in wrongful birth cases is not the conception and/or birth of a child but rather a doctor's infringement on their patient's reproductive autonomy, which warrants legal recognition in the form of compensation. (shrink)

A Filosofia do Direito de Hegel trata da Ideia da Liberdade e suas formas de concretização. É a expressão do exercício efetivo da autonomia da “pessoa do direito” enquanto capacidade jurídica. Isso inclui o direito de propriedade e do contrato; o direito da vontade moral, enquanto trata das condições da responsabilidade subjetiva; e as mediações da eticidade, enquanto desenvolve o exercício da autonomia nas instituições sociais: a família, as corporações e o Estado.

In this paper I shall deal with the question of whether a State-granted minimal income (which is not the same as a basic income) is a necessary condition in order for individuals (1) to attain a basic level of autonomy; and (2) to develop capabilities that allow them to improve the quality of their life. As a theoretical basis for my analysis I shall use Honneth’s theory of recognition, Sen’s capability approach (also in the version offered by Nussbaum), and Simmel’s (...) concept of independency as developed in his Philosophy of Money. A minimal income aims at guaranteeing not only the survival of the extremely poor (this could also be achieved by emergency programs), but also – in cooperation with other State programs such as education, medical and legal assistance etc – at enabling these individuals to be more independent from their social environment, where dependence often constitutes a strong obstacle to the development of their autonomy. The social and political inclusion of millions of people, both in threshold countries and in poor countries, depends upon the existence of such programs. (shrink)

This article brings to light some of the characteristics of the pervasive parental overpermissiveness and hyper-protectionism that unfortunately have made their way into our culture. With the aid of philosophers of education, such as Locke, Rousseau, and Dewey, I expose the corrosive effects that parental overindulgence has on the potential happiness of those in their charge, as well as on those who share their social space. As these philosophers warned long ago, by overindulging their desires, parents either overextend their children’s (...) expectations well beyond the reality of their capabilities or they squash their initiative by usurping their independence. In either case, parents cripple their children’s autonomy and thereby detract from the real work needed to develop habits and dispositions necessary to plan and carry out achievable accomplishments that are integral for sustained and enduring happiness. Put more simply, overindulgence, to the extent this impedes the development of requisite skills for achieving happiness and developing a sense of social responsibility, becomes a disguised form of child abuse. (shrink)

This paper analyses the arguments for two competing ethical models of business. On the one hand there are theorists like Milton Friedman who claim that the sole social responsibility of business leaders is to maximise stockholder profits. On the other, there are those who argue that a business has ethical responsibilities to many stakeholders: employees, stockholders, retailers, customers, and so on.I argue that a business has ethical responsibility over those functions and purposes over which it has the most autonomous control. (...) The production and selling of products and services for customers is the primary purpose of a business. The generation of profit is a contingent purpose dependent on the exchange between the business and the customer. I define excellent functioning businesses as those that synergise the purposes of stakeholders to provide products and services with ethical outcomes. When ethical considerations and business interests between stakeholders conflict, the responsibility of a business to its customers has primacy over those related to business input stakeholders such as employees, stockholders and suppliers. (shrink)