This article offers an overview of the main first-order ethical questions raised by robots and Artificial Intelligence (RAIs) under five broad rubrics: functionality, inherent significance, rights and responsibilities, side-effects, and threats. The first letter of each rubric taken together conveniently generates the acronym FIRST. Special attention is given to the rubrics of functionality and inherent significance given the centrality of the former and the tendency to neglect the latter in virtue of its somewhat nebulous and contested character. In addition to (...) exploring some illustrative issues arising under each rubric, the article also emphasizes a number of more general themes. These include: the multiplicity of interacting levels on which ethical questions about RAIs arise, the need to recognise that RAIs potentially implicate the full gamut of human values (rather than exclusively or primarily some readily identifiable sub-set of ethical or legal principles), and the need for practically salient ethical reflection on RAIs to be informed by a realistic appreciation of their existing and foreseeable capacities. -/- . (shrink)

The orthodox conception of human rights holds that human rights are moral rights possessed by all human beings simply in virtue of their humanity. In recent years, advocates of a 'political' conception of human rights have criticized this view on the grounds that it overlooks the distinctive political function performed by human rights. This article evaluates the arguments of two such critics, John Rawls and Joseph Raz, who characterize the political function of human rights as that of potential triggers (...) for intervention by one society against another. (shrink)

[Thomas Hurka] Using Bernard Suits's brilliant analysis of playing a game, this paper examines the intrinsic value of game-playing. It argues that two elements in Suits's analysis make success in games difficult, which is one ground of value, while a third involves choosing a good activity for the property that makes it good, which is a further ground. The paper concludes by arguing that game-playing is the paradigm modern as against classical value: since its goal is intrinsically trivial, its value (...) is entirely one of process rather than product, journey rather than destination. /// [John Tasioulas] This paper contends that play, not achievement, is the primary intrinsic good internal to game-playing, and supports a relational, as opposed to formal, conception of achievement. (shrink)

This chapter begins by considering the nature of justice, and then discusses justice as a subjective right, justice eclipsed, basic human equality, natural rights, and the transformation of natural rights into human rights.

In philosophical writings, the practice of punishment standardly features as a terrain over which comprehensive moral theories—in the main, versions of ‘consequentialism’ and ‘deontology’—have fought a prolonged and inconclusive battle. The grip of this top-down model of the relationship between philosophical theory and punitive practice is so tenacious that even the most seemingly innocent concern with the ‘consequences’ of punishment is often read, if not as an endorsement of consequentialism, then at least as the registering of a consequentialist point. But (...) to suppose that repentance or crime prevention, for example, are goods that punishment characteristically aims to secure is hardly to endorse the maximization of some value or set of values as the fundamental criterion of moral rightness. Equally, an appeal to desert or rights in the justification of punishment does not commit one to the deontological claim that these norms have a basis independent of human interests. This suggests that the prevalence of the top-down model may owe more to the inertia of established usage, or the temptations of over-intellectualization, than one might initially have supposed. (shrink)

The article begins with reflections on the nature, and basis, of human rights considered as moral standards. It recommends an orthodox view of their nature, as moral rights possessed by all human beings simply in virtue of their humanity and discoverable through the workings of natural reason, that makes them strongly continuous with natural rights. It then offers some criticisms of recent attempts to depart from orthodoxy by explicating human rights by reference to the supposedly constitutive connection they bear to (...) the matter of political legitimacy. The second half of the article turns to the legitimacy of international law, with a special focus on international human rights law. An account is sketched of the legitimacy of international law based on the service conception of legitimate authority. The article concludes by discussing three sources of potential limitations on international law’s legitimacy: pluralism, freedom (sovereignty) and exceptionalism. (shrink)

John Rawls argued in The Law of Peoples that we should reject any principle of international distributive justice, whether in ideal theory or nonideal theory. Instead, he advocated a duty of assistance on the part of well‐ordered societies toward burdened societies. I argue that Rawls is correct that we should endorse a principle with a target and cut‐off point rather than a principle of international distributive justice. But the target and cut‐off point he favors is too undemanding, because it (...) can be met by assisting a burdened society to become a decent people. Instead, only a society that respects the right to an adequate standard of living, and not simply a right to subsistence, can be an acceptable target. Rawls is prevented from drawing this conclusion by a failure to disentangle issues of intervention and assistance, a failure bound up with his flawed, intervention‐driven account of human rights in defining a decent people. (shrink)

What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, (...) and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law. (shrink)

This article offers an integrated account of two strands of global health justice: health-related human rights and health-related common goods. After sketching a general understanding of the nature of human rights, it proceeds to explain both how individual human rights are to be individuated and the content of their associated obligations specified. With respect to both issues, the human right to health is taken as the primary illustration. It is argued that the individuation of the right to health is fixed (...) by reference to the subject matter of its corresponding obligations, and not by the interests it serves, and the specification of the content of that right must be properly responsive to thresholds of possibility and burden. The article concludes by insisting that human rights cannot constitute the whole of global health justice and that, in addition, other considerations—including the promotion of health-related global public goods—should also shape such policy. Moreover, the relationship between human rights and common goods should not be conceived as mutually exclusive. On the contrary, there sometimes exists an individual right to some aspect of a common good, including a right to benefit from health-related common goods such as programmes for securing herd immunity from diphtheria. (shrink)

Mercy is a form of charity towards wrongdoers that justifies punishing them less severely than they deserve according to justice. Three main objections to mercy, or its exercise by organs of the state-that it is irrational, unjust and procedurally unfair-are addressed in the course of defending mercy as a value that has a place in deliberation about criminal punishment. The paper draws on both the communicative theory of punishment and aspects of existing legal practice in mounting this defence.

The paper undertakes a critical examination of three key strands- relativism, antirealism, and reflection- in Bernard Williams's sceptical interpretation of ethical thought. The anti-realist basis of Williams's 'relativism of distance' is identified and the way this threatens to render his relativism more subversive than initially appears. Focusing on Williams's anti-realism, the paper argues that it fails because it is caught on the horns of a dilemma: either it draws on a conception of reality that is metaphysically incoherent, or else it (...) employs a 'best explanation' criterion that question-beggingly excludes from further consideration the sort of reason-based explanations that disclose ethical properties to be real. Finally, it is noted that Williams's relativism and anti-realism destabilize his picture of ethical reflection. (shrink)

Various disastrous consequences have been attributed to ethical relativism, ranging from increased crime rates to the decline of Western cultural values. While sceptical about such empirical claims, this article contends that relativism has subv ersive interpretative consequences, i.e. those pertaining to the viability of our ethical self‐understanding. The main such consequence is its subversion of the idea of ethical critique, which in turn undermines (i) the distinction between reason and power and (ii) the idea of ethical progress. In defending consequence (...) (i), a critique is offered by Ronald Dworkin's arguments to the effect that no meta‐ethical view can have subversive practical implications. In defending consequence (ii), anti‐relativism is distinguished from historicism, chauvinism and ethical monism. Doubts are then raised about various strategies for re‐investing relativism with critical power. The article concludes with the suggestion that relativism's consequences warrant a presumption against its acceptance. (shrink)

Using Bernard Suits’s brilliant analysis (contra Wittgenstein) of playing a game, this paper examines the intrinsic value of game-playing. It argues that two elements in Suits’s analysis make success in games difficult, which is one ground of value, while a third involves choosing a good activity for the property that makes it good, which is a further ground. The paper concludes by arguing that game-playing is the paradigm modern (Marx, Nietzsche) as against classical (Aristotle) value: since its goal is intrinsically (...) trivial, its value is entirely one of process rather than product, journey rather than destination. (shrink)

This article offers a critique of Ronald Dworkin’s article “A New Philosophy for International Law”, (Philos Public Aff 41: 1–30, 2013). It begins by showing that Dworkin’s moralised theory of law is built on two highly questionable background assumptions. On the one hand, a descriptively implausible characterisation of a positivist-voluntarist view of international law as the reigning “orthodoxy”. On the other hand, the methodologically questionable assumption that a theory of international law must discharge the dual function of explaining the validity (...) of international law in a manner that underwrites its presumptive legitimacy. In its core part, the article then offers a sustained criticism of Dworkin’s moralised account of the validity and legitimacy of international law. Various problems are identified with the “principle of salience” that Dworkin offers in place of consent as a ground for international law. A key concern is the difficulties that stem from Dworkin’s willingness to proceed on the “fantasy” assumption that his theory needs to get off the ground, i.e. that there is an international court with compulsory jurisdiction and reliable mechanisms for enforcing its judgements. Finally, the article concludes with some thoughts on how Dworkin’s “fantasy-based” approach led him to over-estimate the degree to which international law can be a vehicle for the global spread of liberal democratic values. More minimalist ambitions for international legal order, along the lines suggested by John Rawls inThe Law of Peoples, seem more realistic. (shrink)

A collection of essays which explore aspects of the myriad relationships (meta-theoretical, conceptual, epistemic, institutional and normative) between law, values and social practices.

abstract A critical discussion of R. A. Duff's account of 'internal' and 'external' criticism using two examples drawn from recent work on international justice — Pogge on global poverty and Duff on international criminal jurisdiction.

The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...

The flourishing of citizen science is an exciting phenomenon with the potential to contribute significantly to scientific progress. However, we lack a framework for addressing in a principled and effective manner the pressing ethical questions it raises. We argue that at the core of any such framework must be the human right to science. Moreover, we stress an almost entirely neglected dimension of this right—the entitlement it confers on all human beings to participate in the scientific process in all of (...) its aspects. We then explore three of its key implications for the ethical regulation of citizen science: the positive obligations imposed by the right on the state and other agents to recognize and promote citizen science, the convective nature of the participation in science facilitated by the right and the potential to mobilize the right in rolling back the unprecedented expansion of intellectual property regimes. (shrink)

in Samantha Besson and John Tasioulas, eds., The Philosophy of International Law (Oxford: Oxford University Press, 2008).

It is widely agreed that play and games contribute to the good life. One might naturally wonder how games in particular so contribute? Granted, games can be very good, what exactly is so good about them when they are good? Although a natural starting point, this question is perhaps naive. Games come in all shapes and sizes, and different games are often good in very different ways. Chess, Bridge, Bingo, Chutes and Ladders, Football, Spin the Bottle, Dungeons & Dragons, Pac-Man, (...) Minecraft and Charades are all games, and can all contribute to a good life, but each will characteristically enrich someone’s life in its own distinctive way. Some games facilitate socializing and sociability, other games improve physical fitness, some develop a sense of fair play and reciprocity, while others enhance concentration and analytic skills. Asking ‘what is good about games?’ and assuming a simple answer is as naïve as asking ‘what is good about fiction?’ or ‘what is good about sex?’ However, a less naïve question and philosophically interesting question is not hard to formulate. Plausibly, much of the heterogeneity of the value of games stems from the different kinds of instrumental value of different games. Perhaps we should therefore ask in what ways the activity of playing games is characteristically good for its own sake. Unfortunately, the philosophical literature on the non-instrumental value of playing games is sparse. One of the few sustained treatments of the topic can be found in an underappreciated exchange between Thomas Hurka and John Tasioulas. Interestingly, despite taking different views of what it is to play a game, they both make room for the non-instrumental value of play and achievement in game play and they both argue that these two goods stand in important an important explanatory relation. However, they take diametrically opposed views as to which of these good is more basic. Roughly, on Hurka’s view, the good of achievement is more basic, and it is because of the non-instrumental value of achievement that what Hurka calls “playing in a game,” which involves playing, is itself non-instrumentally good because of the non-instrumental value of achievement. The idea is that if something is non-instrumentally good then loving that thing is also non-instrumentally good, and that playing in a game involves loving the activity for its own sake. In this way, the value of achievement in a game grounds the value of playing in a game. Tasioulas takes exactly the opposite approach. He argues that there must be something independently good about playing a game which grounds the value of achievement in that game. On his view, the typical grounding good or “framing value” of games is play itself – what I am here calling “playing.” In this essay, I raise some objections to both Hurka’s view and Tasioulas’s view and develop a positive alternative conception of the non-instrumental value of games. I argue that while each view is insightful in its own way, neither gets things exactly right. For a start, the way in which they characterize the key concepts is problematic. Hurka’s definition of ‘play a game’, which he lifts from Suits, is problematic, while both of their characterizations of play are problematic for reasons I rehearse here. They also take an unduly narrow view of the possible role of achievement in game play, both effectively conflating achievement with “excellence.” I argue, by contrast, that there is an important sense in which even someone who is not very good at the game by any objective standard can still reap the goods of achievements in games. At the same time, those who play games typically do not do so for the sake of achievements as such, though they may do something which is in a sense tantamount to this, or so I shall argue. Finally, I argue that neither Hurka’s “achievement first” order of explanation nor Tasioulas’s “play first” order of explanation is fully correct. I argue for what I call a “variable priority” view. On this view, the value of play sometimes grounds the value of achievement in a game, while in other cases the independently grounded value of achievement in a game provides a further ground for the value of play, though even in that case play is independently good for its own sake. I begin by laying out Hurka’s and Tasioulas’s views. (shrink)

What are human rights? According to one longstanding account, the Naturalistic Conception of human rights, human rights are those that we have simply in virtue of being human. In recent years, however, a new and purportedly alternative conception of human rights has become increasingly popular. This is the so-called Political Conception of human rights, the proponents of which include John Rawls, Charles Beitz, and Joseph Raz. In this paper we argue for three claims. First, we demonstrate that Naturalistic Conceptions (...) of human rights can accommodate two of the most salient concerns that proponents of the Political Conception have raised about them. Second, we argue that the theoretical distance between Naturalistic and Political Conceptions is not as great as it has been made out to be. Finally, we argue that a Political Conception of human rights, on its own, lacks the resources necessary to determine the substantive content of human rights. If we are right, not only should the Naturalistic Conception not be rejected, the Political Conception is in fact incomplete without the theoretical resources that a Naturalistic Conception characteristically provides. These three claims, in tandem, provide a fresh and largely conciliatory perspective on the ongoing debate between proponents of Political and Naturalistic Conceptions of human rights. (shrink)

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...) Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

Philosophy for International Lawyers: A review of Samantha Besson and John Tasioulas, The Philosophy of International Law by Patrick Capps.

This short article starts with Alasdair MacIntyre’s famous critical remarks on human rights in After Virtue, and proceeds to ask whether in fact MacIntyre can be read against himself, taking a range of his own texts. This provides the basis for a sketch of a substantive account of human rights, more historicised and political than those for which MacIntyre has so little time. The article engages with some leading English Aristotelians-James Griffin and John Tasioulas in particular. MacIntyre has (...) been a Marxist: this article suggests that perhaps he still is and that a consistent Aristotelian is a Marxist, especially where human rights are concerned. (shrink)

Is there a human right to be governed democratically – and how should we approach such an issue philosophically? These are the questions raised by Joshua Cohen’s 2006 article, ‘Is There a Human Right to Democracy?’ – a paper over which I have agonised since I saw it in draft form, many years ago. I am still uncomfortable with its central claim, that while justice demands democratic government, the proper standard for human rights is something less. But, as I hope (...) to show, the reasons for that discomfort are occasioned less by the thought that democracy may not be a human right than by the very significant gaps in our understanding of rights which debates about the human rights status of democracy exemplify. (shrink)

In this philosophically sophisticated and historically significant work, John H. Zammito reconstructs Kant's composition of The Critique of Judgment and reveals that it underwent three major transformations before publication. He shows that Kant not only made his "cognitive" turn, expanding the project from a "Critique of Taste" to a Critique of Judgment but he also made an "ethical" turn. This "ethical" turn was provoked by controversies in German philosophical and religious culture, in particular the writings of Johann Herder and (...) the Sturm und Drang movement in art and science, as well as the related pantheism controversy. Such topicality made the Third Critique pivotal in creating a "Kantian" movement in the 1790s, leading directly to German Idealism and Romanticism. The austerity and grandeur of Kant's philosophical writings sometimes make it hard to recognize them as the products of a historical individual situated in the particular constellation of his time and society. Here Kant emerges as a concrete historical figure struggling to preserve the achievements of cosmopolitan Aufkl-rung against challenges in natural science, religion, and politics in the late 1780s. More specifically Zammito suggests that Kant's Third Critique was animated throughout by a fierce personal rivalry with Herder and by a strong commitment to traditional Christian ideas of God and human moral freedom. "A work of extraordinary erudition. Zammito's study is both comprehensive and novel, connecting Kant's work with the aesthetic and religious controversies of the late eighteenth century. He seems to have read everything. I know of no comparable historical study of Kant's Third Critique."-Arnulf Zweig, translator and editor of Kant's ;IPhilosophical Correspondence, 1759-1799;X "An intricate, subtle, and exciting explanation of how Kant's thinking developed and adjusted to new challenges over the decade from the first edition of the Critique of Pure Reason to the appearance of the Critique of Judgment. "--John W. Burbidge, Review of Metaphysics "There has been for a long time a serious gap in English commentary on Kant's Critique of Judgment Zammito's book finally fills it. All students and scholars of Kant will want to consult it."--Frederick Beiser, Times Literary Supplement. (shrink)

In his preface Mr Wilson writes 'I feel that a great many adults … would do better to spend less time in simply accepting the concepts of others uncritically, and more time in learning how to analyse concepts in general'. Mr Wilson starts by describing the techniques of conceptual analysis. He then gives examples of them in action by composing answers to specific questions and by criticism of quoted passages of argument. Chapter 3 sums up the importance of this kind (...) of mental activity. Chapter 4 presents selections for the reader to analyse, followed by questions of university entrance/scholarship type. This is a book to be worked through, in a sense a text-book. (shrink)