Perhaps the most salient feature of Rawls's theory of justice which at once attracts supporters and repels critics is its apparent egalitarian conclusion as to how economic goods are to be distributed. Indeed, many of Rawls's sympathizers may find this result intuitively appealing, and regard it as Rawls's enduring contribution to the topic of economic justice, despite technical deficiencies in Rawls's contractarian, decision-theoretic argument for it which occupy the bulk of the critical literature. Rawls himself, having proposed a “coherence” theory (...) of justification in metaethics, must regard the claim that his distributive criterion “is a strongly egalitarian conception” as independently a part of the overarching moral argument. The alleged egalitarian impact of Rawls's theory is crucial again in normative ethics where Rawls is thought to have developed a major counter-theory to utilitarianism, one of the most popular criticisms of which has been its alleged inadequacy in handling questions of distributive justice. Utilitarians can argue, however, as Brandt recently has, that the diminishing marginal utility of money, along with ignorance of income-welfare curves, would require a utility-maximizing distribution to be substantially egalitarian. The challenge is therefore for Rawls to show that his theory yields an ethically preferable degree of equality. (shrink)

Though modern non-cognitivists in ethics characteristically believe that values are irreducible to facts, they nevertheless believe that values are determined by facts, viz., those specified in functionalist, explanatory theories of the evolutionary origin of morality. The present paper probes the consistency of this position. The conventionalist theories of Hume and Harman are examined, and are seen not to establish a tight determinative reduction of values to facts. This result is illustrated by reference to recent theories of the sociobiological mechanisms involved (...) in moral evolution. Though explanatory theories have linguistic implications,exaggerated in Harman's linguistic form of social relativism, there is also failure to establish the semantic reductionism which non-cognitivists reject under the rubric of ethical naturalism. It is concluded that explanatory forms of naturalism, the best of which is a functionalist-utilitarian account, are compatible with the fact/value distinction. (shrink)

Gibbard''s theory of rationality is evolutionary in terms of its result as well as its underpinning argument. The result is that judgments about what is rational are analyzed as being similar to judgments of morality — in view of what Darwin suggests concerning the latter. According to the Darwinian theory, moral judgments are based on sentiments which evolve to promote the survival and welfare of human societies. On Gibbard''s theory, rationality judgments should be similarly regarded as expressing emotional attachments to (...) behavioral norms which originate and function to coordinate social interaction. Consequently, Gibbard''s theory of rationality might be used to illuminate Darwin''s theory of morality, and vice versa. Additionally, as argued in the present essay, both can be further elaborated, and defended, by developing related themes in philosophical ethics: viz., connected with Hume and 20th-century emotivists. The main problem is that this general Darwinian approach faces widespread opposition nowadays, not only in ethics but in philosophy of science. The purpose of this essay is to analyze Gibbard''s theory, critically and constructively, with emphasis on the pertinent commonalities in Darwin, Hume and the emotivists, while also critically addressing their common enemies. The pervasive methodological orientation is to relate this analysis to (philosophy of) science in general, and biological science in particular. (shrink)

Theories of economic justice are characteristically based on abstract ethical concerns often unrelated to practical distributive results. Two decades ago, Rawls's theory of justice began as a reaction against the alleged ‘sacrifices’ condoned by utilitarian theory. One variant of this objection is that utilitarianism permits gross inequalities, severe deprivations of individual liberty, or even the enslavement of society's least well-off individuals. There are, however, more subtle forms of the objection. In Rawls, it is often waged without any claim that utilitarianismdoesin (...) fact imply such gross deprivations in actual realworld circumstances. A second variant hinges, rather, on the milder claim that utilitarianismcouldcondone such deprivations or sacrifices in somepossibleworld—the objection being that utilitarianism improperly makes justice contingent, or uncertain, in this way. A third, still more abstract, variant would be that utilitarianism is flawed—not because of any practical distributive result, actual or hypothetical, but intheory—due to the way it treats individuals' interests, or the ‘concept of persons’ it presupposes. (shrink)

Two deficiencies characterize the vast critical literature that has accumulated around Dworkin's theory of law. On the one hand, the main lines of the debate tend to get lost in the crossfire of objections by critics and rejoinders by Dworkin — with little dialogue between the critics, or any systematic interrelation or resolution of these largely isolated disputes. On the other hand, such arguments on various points of Dworkin's Jurisprudence tend to neglect or obscure underlying issues in philosophical ethics. The (...) present essay is a critical analysis addressing each of these deficiencies in an attempt both to clarify and to advance the debate. The analysis hinges on three basic propositions: (1) that this debate in Jurisprudence has overlooked relevant issues about the nature of moral values; (2) that theories of law, in general, are best assessed in terms of separate descriptive and normative issues, corresponding to a fact/value distinction in ethics; and (3) that the debate on Dworkinian rights has assumed a confused and historically superficial contrast with the utilitarian tradition, in ethical theory as well as in philosophy of law. (shrink)

The purpose of this essay is to examine certain problems which arise from the use of human dignity as a normative principle, problems which too often seem to be ignored in discussions of the ethical significance of this concept. At the outset, such an enterprise obviously requires a statement regarding the sense in which the term “human dignity” is to be understood in this context. In what follows “human dignity” will be taken as an ethical construct in accordance with Abraham (...) Edel’s discussion of the concept. By using the term in this sense we will avoid the danger of becoming involved in debate on such issues as the metaphysical ground of human dignity. Instead we will be able to discuss the concept of human dignity, while making minimal claims about its ontological status. Men might well disagree as to whether human dignity does in fact exist in all human beings to the same extent, but there seems to be little ground for disagreement with the thesis that human dignity is a significant ethical construct. Current discussions of substantive issues frequently refer to this notion as an ideal which must be taken into account in the attempt to bring about the existence of ethically commendable situations. Thus at the very least we must admit that this notion functions as a norm by which men attempt to judge situations and behavior. (shrink)