That nature, including insentient entities such as trees, rivers, or ecosystems, should be recognized as right-holders is an enticing thought that would have substantial practical repercussions. But the position finds little support from moral conceptions of rights and moral distinctions that have judicial relevance in the sense of providing normative reasons for legislation and assessing existing laws. An alternative to viewing rights of nature as proper rights resting on valid moral claims that ought to be legally recognized is to regard (...) them as ‘manifesto’ rights. Such rights are based on political demands and hold even if there is no one with a corresponding duty to fulfill them. I investigate whether rights of nature can be considered manifesto rights. Some objections to regarding rights of nature as manifesto rights will be considered, such as difficulties of delimiting the borders of an environmental entity and making successful analogies with existing (human) rights based on interests and needs. It will be suggested that while some of those challenges can be mitigated by custodianship, it is not clear what needs of insentient entities in nature would justify such claims. It is found that rights of nature depend substantially on legitimate custodians both for delineation of the entity in question and for establishing interest-like characteristics. But rights of nature are not manifesto rights when there is a legitimate custodian having the possibility of evoking duties in others. However, the need for a legitimate custodian in delimitation and establishing normatively relevant characteristics of specific environmental entities defeats universal appeals to rights of nature. (shrink)

When generally applicable rules clash with one’s cultural, religious or moral commitments, should exemptions be granted? The debate on exemptions raises the question both of what it means to treat people equally and of what it means to protect diversity adequately. The objective of this paper is to defend the no-exemption argument and to make it a more attractive position for liberals. I first argue that exemptions violate the principle of equal treatment because they rely on distinctions that cannot be (...) neutrally justified. I then argue that diversity can be adequately accommodated if we use a more demanding interpretation of the justification of generally applicable rules. There should be no exemption to fully justified rules, but rules are only fully justified when the particular demands that they impose on individuals are justified, i.e. when they are either neutral or pass both a Necessity Test and a Sufficiency Test. When rules are not fully justified, they should be repealed or modified. Based on this focus on the demands of rules, equality can be reconciled with an adequate accommodation of diversity. (shrink)

Philosophers who study care—most often, care ethicists—are involved in an ongoing discussion about the concept of care. Despite the significant progress made in this discussion, certain conflicting images of care seem to persist in the literature. On one hand, as feminist theorists across disciplines have highlighted, care is a complex social practice that is mired in inequality and injustice. The deeply gendered nature of caring and the unequal division of care-work creates and cements structural inequalities. On the other hand, care (...) is also thought of as a moral value or an ideal. The ethics of care—a moral theory with decidedly feminist roots—is predicated on the idea that caring is somehow morally valuable. A discrepancy thus arises: care is a social practice that compounds injustices. But it is also a moral value. What is it about care that makes it malleable to such variations? To pick out this complexity and capture the conceptual nuances at play, this paper suggests that we frame the concept of care as a thick ethical concept. I will first demonstrate why this framing is helpful. Then, I will provide accounts of the descriptive and evaluative elements of the concept of care. I hope to show that it is through a thick conceptual framing that we can make sense of care—both as a complex social practice and an important moral value in the worlds that we inhabit. (shrink)

In _The Ethics of Whistleblowing_ (2019), Boot engages with the current literature on unauthorized disclosure of information, critically examines some positions, and defends others. One early step of the book’s main argument is to claim that whistleblowing is _pro tanto_ wrong. This claim which many parties of the debate accept affects the narrative of the discussion and also plays a role against attempts to justify whistleblowing based on moral rights. In opposition to such a claim, I argue that one can (...) similarly ascribe _pro tanto_ rightness to whistleblowing. However, this would also be a mistake. In principle, such claims are inaccurate concerning how _pro tanto_ reasons work. Considering the motivations for taking up Ross’s idea of _prima facie_ duties, and having in mind the theoretical role they are supposed to play, I suggest that only simple type-acts (as contrasted with complex act-types) may be called _pro tanto_ right or wrong. Therefore, although widely appealed to, such claims about whistleblowing are neither helpful nor successful in the debate. (shrink)

Climate change involves changes in the climate system caused by polluting human activities and the social and natural effects of these changes. The historical and anthropogenic grounds of climate change play an important role in climate justice claims. Many climate justice scholars believe that principles of climate justice should account for the historical and anthropogenic sources of climate change. Two main backward-looking principles have been proposed: the polluter pays principle (PPP) and the beneficiary pays principle (BPP). The BPP emerged in (...) the literature on climate justice in response to certain objections raised against the PPP. In this paper, I focus on two of these objections: the causation objection and the excusable ignorance objection. Defenders of the BPP have traditionally assumed that this principle is not vulnerable to those objections, which renders the BPP superior to the PPP. In this paper, I challenge this underlying assumption. My argument here is simple: moving from the PPP to the BPP in response to any of these objections might be unjustified because the BPP is affected by at least some of the considerations giving rise to these objections. (shrink)

Despite significant progress in real-world (nonideal) political philosophy focused on overcoming injustice and inequality, there has not been concomitant attention paid to _who_ will take up these projects. Agents tend to be treated in this literature, if at all, as epiphenomenal to substantive normative theorising on social change. To rectify this, Ben Laurence has made perhaps the most systematic case so far for philosophers to identify agents of change as an integral part of their work, with sensitivity to levels of (...) motivation and feasibility. However, his account risks mirroring the status quo biases of an unjust world. Normative theory must retain a commitment to the possibilities for _generating_ potential agents of change in the face of injustice. In response, I propose an approach that is at once universal and pluralistic, grounded in the complexity of agents as they are and yet morally ambitious about what they can become. This incorporates three neglected aspects of change-making agency. First, the ordinary person as a citizen. Second, the ‘black box’ of group agents and how individual agency operates inside structures such as states, firms, or civil society. Third, the indiscernible contributions in the build-up to rapid, visible change. I call these neglected forms of change-making agency, respectively, ‘agency from below’, ‘agency inside agents’, and ‘concealed agency’. Together, they comprise the building blocks for a new theory of agency. (shrink)

In The Ethics of Whistleblowing (2019), Boot engages with the current literature on unauthorized disclosure of information, critically examines some positions, and defends others. One early step of the book’s main argument is to claim that whistleblowing is pro tanto wrong. This claim which many parties of the debate accept affects the narrative of the discussion and also plays a role against attempts to justify whistleblowing based on moral rights. In opposition to such a claim, I argue that one can (...) similarly ascribe pro tanto rightness to whistleblowing. However, this would also be a mistake. In principle, such claims are inaccurate concerning how pro tanto reasons work. Considering the motivations for taking up Ross’s idea of prima facie duties, and having in mind the theoretical role they are supposed to play, I suggest that only simple type-acts (as contrasted with complex act-types) may be called pro tanto right or wrong. Therefore, although widely appealed to, such claims about whistleblowing are neither helpful nor successful in the debate. (shrink)

Relational egalitarianism, the view that social equality is fundamentally about equal relationships, has a problem addressing intergenerational justice. Specifically, how can we have any relationship, egalitarian or otherwise, with people that we do not overlap with temporally? I argue that the problem is even greater than that since we do not overlap in many other relevant ways, and are not in relationships with most of our temporal peers either. If relational equality relies on actual relationships, it cannot succeed as an (...) account of justice. However, we stand in certain social relations to one another, less direct than relationships, that might connect us, in an egalitarian fashion, to many more people than the ones with whom we have relationships. If this account, or one like it, cannot succeed, however, we may have to give up on relational egalitarianism altogether. (shrink)

Do citizens of liberal democratic states have a moral right to engage in civil disobedience? Famously, Joseph Raz argued that they do not. In this article, I defend his argument against some recent challenges, but show how it is tied to a particular model of civil disobedience. On this model, the purpose of civil disobedience is to protest and prevent particularly egregious violations of justice. A moral right to civil disobedience can be grounded on a different model, where the function (...) of civil disobedience is to identify and counterbalance democratic deficits. Against the widespread tendency amongst theorists of civil disobedience to want to defend civil disobedience as the exercise of a moral right, however, I do not then argue for the adoption of the democratic model. Whilst I acknowledge the reasons behind wanting a rights-based defence, and concede that different kinds of civil disobedience might have to be defended on different grounds, I sound a note of caution. The meta-theoretical relation between moral grounds and political function uncovered in this article works both ways. It should make theorists more mindful of the self-understanding to which a rights-based moral defence of civil disobedience commits protesters. (shrink)

Holm (2022) argues that a class of algorithmic fairness measures, that he refers to as the ‘performance parity criteria’, can be understood as applications of John Broome’s Fairness Principle. We argue that the performance parity criteria cannot be read this way. This is because in the relevant context, the Fairness Principle requires the equalization of actual individuals’ individual-level chances of obtaining some good (such as an accurate prediction from a predictive system), but the performance parity criteria do not guarantee any (...) such thing: the measures merely ensure that certain population-level ratios hold. (shrink)

Prediction-based decisions, which are often made by utilizing the tools of machine learning, influence nearly all facets of modern life. Ethical concerns about this widespread practice have given rise to the field of fair machine learning and a number of fairness measures, mathematically precise definitions of fairness that purport to determine whether a given prediction-based decision system is fair. Following Reuben Binns (2017), we take ‘fairness’ in this context to be a placeholder for a variety of normative egalitarian considerations. We (...) explore a few fairness measures to suss out their egalitarian roots and evaluate them, both as formalizations of egalitarian ideas and as assertions of what fairness demands of predictive systems. We pay special attention to a recent and popular fairness measure, counterfactual fairness, which holds that a prediction about an individual is fair if it is the same in the actual world and any counterfactual world where the individual belongs to a different demographic group (cf. Kusner et al. (2018)). (shrink)

This article argues that it is far from trivial to convert social science concepts into accurate categories on which algorithms work best. The literature raises this concern in a general way; for example, Deeks notes that legal concepts, such as proportionality, cannot be easily converted into code noting that ‘The meaning and application of these concepts is hotly debated, even among lawyers who share common vocabularies and experiences’ (Deeks in Va Law Rev 104, pp. 1529–1593, 2018). The example discussed here (...) is recidivism prediction, where the factors that are of interest are difficult to capture adequately through questionnaires because survey responses do not necessarily indicate whether the behaviour that is of interest is present. There is room for improvement in how questions are phrased, in the selection of variables, and by encouraging practitioners to consider whether a particular variable is the sort of thing that can be measured by questionnaires at all. (shrink)

With the increasing use of algorithms in high-stakes areas such as criminal justice and health has come a significant concern about the fairness of prediction-based decision procedures. In this article I argue that a prominent class of mathematically incompatible performance parity criteria can all be understood as applications of John Broome’s account of fairness as the proportional satisfaction of claims. On this interpretation these criteria do not disagree on what it means for an algorithm to be _fair_. Rather they express (...) different understandings of what grounds a claim to a good being allocated by an algorithmic decision procedure. I then argue that an important implication of the Broomean interpretation is that it strengthens the case for outcome-based criteria. Finally, I consider how a version of the levelling-down objection to performance parity criteria arises within the Broomean account. (shrink)

The widespread use of algorithms for prediction-based decisions urges us to consider the question of what it means for a given act or practice to be discriminatory. Building upon work by Kusner and colleagues in the field of machine learning, we propose a counterfactual condition as a necessary requirement on discrimination. To demonstrate the philosophical relevance of the proposed condition, we consider two prominent accounts of discrimination in the recent literature, by Lippert-Rasmussen and Hellman respectively, that do not logically imply (...) our condition and show that they face important objections. Specifically, Lippert-Rasmussen’s definition proves to be over-inclusive, as it classifies some acts or practices as discriminatory when they are not, whereas Hellman’s account turns out to lack explanatory power precisely insofar as it does not countenance a counterfactual condition on discrimination. By defending the necessity of our counterfactual condition, we set the conceptual limits for justified claims about the occurrence of discriminatory acts or practices in society, with immediate applications to the ethics of algorithmic decision-making. (shrink)

In many Western countries, the host society expects immigrants to learn the official language and often reacts in severe ways if they do not. One of the normative questions that arise in this context is whether immigrants have a moral duty to learn the host society’s language. The paper evaluates the four most promising arguments for why immigrants might have such a duty: respect towards the host society; the unavoidability of communication situations involving duties; the duty to avoid becoming reliant (...) on assistance from the welfare system; and a contract between the host society and immigrants. The paper argues that only the third and the fourth arguments support a moral obligation, and that they do so subject to several conditions and only for particular groups of immigrants. (shrink)

The important question of the legality of the state obliging trial incompetent defendants to receive competency-restoring treatment against their wishes, is one that has received much attention by legal scholars. Surprisingly, however, little attention has been paid to the, in many ways more fundamental, moral question of whether the state ought to administer such treatments. The aim of this paper is to start filling this gap in the literature. I begin by offering some reasons for thinking it morally acceptable to, (...) at least sometimes, oblige trial-incompetent defendants to receive competency-restoring treatments. The paper then discusses whether three prominent arguments (and their variations) offered by legal scholars against using non-consensual treatment to restore trial competence provide grounds for thinking there to be a general moral prohibition against these treatments. I argue that they do not. (shrink)

Does political realism have anything to contribute to the debates about migration in normative political theory? Anything well-established ‘moralist’ theories do not already acknowledge, that is? Addressing Jaggar’s (_Aristotelian Soc Suppl_ Vol. XCIV, pp. 87–113, 2020) and Finlayson’s (_Aristotelian Soc Suppl_ Vol. XCIV, pp. 115–139, 2020) critical intercessions into contemporary discourse about migration I argue that a political realist approach to the theory of migration faces what I call the ‘surplus challenge’: realists supposedly have no normative surplus over (liberal) cosmopolitan (...) and nationalist moralist approaches. This nothing-more-to-add narrative is a common argument against the possibility and integrity of political realism (as seen in, _inter alia_, Leader-Maynard and Worsnip in _Ethics_ 128(4), pp. 756–787, 2018). I show how it misconstrues the realist agenda. Finlayson, on the other hand, paints the realist intervention as primarily about paying closer attention to colonialism’s long legacy. A properly radical intrusion, however, addresses the unchecked and unwarranted, overbearing normative power of moral principles. I will conclude that for the realist, shaking up the discipline will not come as easy as pointing at some overly historicised facts. However, and despite this, the realist intervention rightly problematises contemporary philosophy of migration for its moral normativism. A radical realist approach to issues of migration, which unmasks the unjustified ‘microphysics’ political power hiding behind normative veneers, is a properly cataclysmic intrusion and the right way forward. (shrink)

This article provides a normative framework for evaluating the moral permissibility of various defences of European Union (EU) values against their violation in EU member states. This requires, first, a coherent interpretation of EU values as the values of liberal democracy; second, a clear notion of when they are violated; third, a theory of how liberal democracy can be defended with measures that are consistent with the values of liberal democracy themselves; and, finally, a discussion of what the EU’s role (...) is in this defence. The article argues that it would be permissible for the EU to combine a number of political, cultural, socio-economic and legal responses in a concentric defence of liberal democracy as long as they respect the separation of powers doctrine and do not rely on problematic notions of collective responsibility. (shrink)

Conscience is an idea that has significant currency in liberal democratic societies. Yet contemporary moral philosophical scholarship on conscience is surprisingly sparse. This paper seeks to offer a rigorous philosophical account of the role of conscience in moral life with a view to informing debates about the ethics of conscientious objection in medicine. I argue that conscience is concerned with a commitment to moral integrity and that restrictions on freedom of conscience prevent agents from living a moral life. In section (...) one I argue that conscience is a principle of moral awareness in rational agents, and that it yields an awareness of the personal nature of moral obligation. Conscience also monitors the coherence between an agent’s identity-conferring beliefs and intentions and their practical actions. In section two I consider how human beings are harmed when they are forced to violate their conscience. Restrictions on the exercise of conscience prevent people from living in accord with their own considered understanding of the requirements of morality and undermine one’s capacity for moral agency. This article concludes with a consideration of how a robust theory of conscience can inform our understanding of conscientious objection in medicine. I argue that it is in the interest of individual practitioners and the medical profession generally to foster moral agency among doctors. This provides a prima facie justification for permitting at least some kinds of conscientious objection. (shrink)

Recently, there has been an effort to make libertarianism compatible with a redistributive inheritance tax: When the tax is levied, the taxpayer in question is already dead and as such she cannot be a bearer of rights. The state is therefore allowed to redistribute the (value of) the estate according to some distributive principle. I consider (and finally dismiss) four successive arguments, each concluding that the state is allowed to use the estate for redistributive purposes. I show that neither of (...) them is able to reconcile (right-) libertarianism with a redistributive inheritance tax. Instead of trying to square the circle, proponents of such a tax should meet the theoretical essentials of (right-) libertarianism head-on. (shrink)

Algorithmic discrimination has rapidly become a topic of intense public and academic interest. This article explores three issues raised by algorithmic discrimination: 1) the distinction between direct and indirect discrimination, 2) the notion of disadvantageous treatment, and 3) the moral badness of discriminatory automated decision-making. It argues that some conventional distinctions between direct and indirect discrimination appear not to apply to algorithmic discrimination, that algorithmic discrimination may often be discrimination between groups, as opposed to against groups, and that it is (...) not necessarily the case that morally bad algorithmic discrimination gives us reason to not use automated decision-making. For each of the three issues, the article explores implications for algorithmic discrimination, suggests some alternative answers, and clarifies how we may want to think of discrimination more broadly in light of lessons drawn from the context of algorithmic discrimination. (shrink)

Several philosophers argue for the ‘convergence thesis’ for positional goods: prioritarians, sufficientarians, and egalitarians may converge on favouring an equal (or not too unequal) distribution of goods that have positional aspects. I discuss some problems for this thesis when applied to two key goods for which it has been proposed: education and wealth. I show, however, that there is a variant of the thesis that avoids these problems. This version of the thesis is significant, I demonstrate, because it applies to (...) a person’s status as a citizen, which I suggest is the central concern of social or ‘relational’ egalitarianism. (shrink)

What role does our knowledge about the ideal society play in guiding policymaking in the real world? One intuitive answer is to approximate. Namely, we have a duty to approximate the ideal within the relevant constraints of feasibility. However, political philosophers seem to have what might be called ‘approximatophobia'. Many philosophers, including idealists such as David Estlund, warn against approximation. Their criticism is chiefly motivated by ‘the problem of second best’, which points out that your second-best option may not be (...) closest to your best option. This paper aims to dispel ‘approximatophobia'. The difficulty posed by the problem of second best is often overstated. More positively, I present a novel defence of approximation, arguing that approximation of an ideal can be a reasonably reliable default strategy of action guidance in the real world. Difficulties that may afflict the project of approximation can be mitigated by sophistication of the project of approximation. After showing that critics of approximation overstep their mark in issuing the strong or moderate warning against approximation, I propose an account of sophisticated approximation. It seeks a series of reforms that make existing social institutions closer to the ideal based on careful selection of frame of analysis. Three virtuous correlations are identified as indicators for successful project of approximation, linking descriptive similarity to desirability, feasibility and knowledge of the ideal. I also explain a two-staged strategy of sophisticating the way you approximate the ideal, with an expected positive feedback effect. (shrink)

This paper examines how science advice can provide policy recommendations in a trustworthy manner. Despite their major political importance, expert recommendations are understudied in the philosophy of science and social epistemology. Matthew Bennett has recently developed a notion of what he calls recommendation trust, according to which well-placed trust in experts’ policy recommendations requires that recommendations are aligned with the interests of the trust-giver. While interest alignment might be central to some cases of public trust, this paper argues against the (...) significance of interest-alignment to meritorious public trust. First, political bodies and citizens can have a basic kind of well-placed recommendation trust in science advice based on an all-things-considered judgement regarding the possession of relevant competencies, responsible conduct, and a proper institutional design. Moreover, scientists’ policy recommendations can be seen as open-ended and as dynamic proposals that enable inter-institutional reasoning and political deliberation. Finally, by providing conditional recommendations, scientists can expand the scope of feasible policy options from which political bodies can choose, thus making the condition of interest alignment even less significant to the trustworthy provision of recommendations. (shrink)