This paper presents an account of the ethical and conceptual relationship between free speech and press freedom. Many authors have argued that, despite there being some common ground between them, these two liberties should be treated as properly distinct, both theoretically and practically. The core of the argument, for this “unbundling” approach, is that conflating free speech and press freedom makes it too easy for reasonable democratic regulations on press freedom to be portrayed, by their opponents, as part of a (...) programme of illiberal censorship. While we acknowledge the important grain of truth in that argument, we try to show how the alternative, “unbundling” approach can also be used to undermine or mischaracterise democratically justifiable opposition to media regulations in despotic regimes. In light of the problems on both sides, we defend a contextually-variable account of the relation between these two liberties. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

In this paper I argue that Kant’s psychology of moral motivation has less in common with Hutcheson’s view than interpreters have traditionally thought. I first offer an interpretation of the role that feeling, desire, and cognition play in Kant’s account of moral action. I then outline the essential features of Hutcheson’s understanding of desire before arguing that although Kant and Hutcheson share the trivial similarity that even moral action springs from a desire, Kant conceives of the desire at the root (...) of moral action as qualitatively different from all other desires in a number of important ways. (shrink)

I argue that the rarely discussed Antichrist can serve as perhaps the best guide to Nietzsche’s mature ethical theory. Commentators often argue or assume that while Nietzsche makes many critical points about traditional morality, he cannot be offering a positive ethical theory of his own. This, I argue, is a mistake. The Antichrist offers a substantive ethical theory. It explicitly articulates Nietzsche’s positive ethical principles, shows why these principles are justified, and uses them to condemn traditional Christian morality. The chapter (...) reviews and explains Nietzsche’s ethical theory. It also considers why commentators so often assume that Nietzsche cannot have an ethical theory: I argue that commentators tend to be driven by the assumption that all ethical theories embrace seven commitments. These commitments are, I suggest, definitive of Enlightenment ethical theory, but not of ethical theory as such; Nietzsche’s rejection of them in no way precludes his having a positive ethical theory of his own. (shrink)

Cosmopolitanism, as a moral idea, holds that individuals are the ultimate units of moral worth and are entitled to equal consideration, regardless of contingencies such as citizenship or nationality. In one common interpretation, cosmopolitan justice not only regards individuals as the basic subjects of moral concern, but it also requires distributive principles to transcend national affiliations and to apply equally to all persons of the world. As Simon Caney puts it, “persons’ entitlements should not be determined by factors such as (...) their nationality or citizenship.“. (shrink)

The recent transnational wave of destruction that was caused by the earthquake-induced tsunamis in South East Asia has raised the issue of global justice in terms of the rights of victims to expect aid relief and the moral responsibility of the rest of the world to provide it. In this paper I will discuss the issue of global ethics in terms of positive rights that people have to assistance from others when they cannot provide such assistance themselves. The main object (...) of the paper is to demonstrate that positive rights are universal and global in scope and cannot therefore be restricted by any national, religious, cultural or other social boundaries. Such rights provide a rational and ethical foundation for global justice that is cosmopolitan. The argument for the position offered in the paper will be broadly based on the moral philosophy of Alan Gewirth.1. (shrink)

Over the last two decades, Kant’s name has become closely associated with the “constitutivist” program within metaethics. But is Kant best read as pursuing a constitutivist approach to meta- normative questions? And if so, in what sense? In this essay, I’ll argue that we can best answer these questions by considering them in the context of a broader issue – namely, how Kant understands the proper methodology for philosophy in general. The result of this investigation will be that, while Kant (...) can indeed be read as a sort of constitutivist, his constitutivism is ultimately just one instance of a much more general approach to philosophy – which treats as fundamental our basic, self-conscious rational capacities. Thus, to truly understand why and how Kant is a constitutivist, we need to consider this question within the context of his more fundamental commitment to “capacities-first philosophy”. (shrink)

El trabajo desarrolla una crítica y una propuesta sobre el uso de la calificación de vulnerable desde una perspectiva de género. A partir de un análisis crítico del concepto de autonomía clásica, se propone como científicamente más productiva la noción de autonomía relacional, que se considera más apta para explicar las acciones humanas reales, de personas no idealizadas, y se revela capaz de dar sentido al caso de las acciones relativamente constreñidas. Desde esta perspectiva se aborda el análisis de algunos (...) casos reales de aplicación del derecho donde la calificación de vulnerabilidad aplicada al contexto se muestra útil para identificar un espacio de derecho positivo perjudicial para las mujeres o las minorías. (shrink)

The current coronavirus pandemic has presented many scientific disciplines, including philosophy, with various theoretical and practical challenges. In this paper, we deal with three philosophical issues related to the pandemic and specific approaches to them. The first part of the article is dedicated to the analysis of the term?expert,? whose significance was highlighted at the outbreak of the pandemic. By examining Plato?s ancient and Goldman?s modern understanding of this concept, we will try to emphasize the importance of expert opinion in (...) crisis circumstances. In the second part of the paper, we will deal with the issue of public mistrust of scientific authorities as well as the problem of the flourishing of so-called conspiracy theories. Goldenberg?s and Cassam?s approach to this topic will help us see where the source of these problems might lie and what potentially harmful consequences they can produce. In the third part of the text, we list some of the main moral dilemmas we have faced since the beginning of the pandemic. Special attention is paid to Kant?s moral philosophy in which we find advice on how an individual should act in times of crisis. (shrink)

El objetivo de este trabajo consiste en ofrecer algunas consideraciones acerca del esquema contractualista kantiano. Se analiza la particularidad de dos elementos que son fundamentales para las teorías contractualistas, en la medida en que determinan el modo en que cada una de ellas justifica la necesidad práctica del exeundum y del modelo político que se deriva de ello: la concepción de libertad que se adscribe a los agentes que ingresan a un contrato, y el modo de concebir la interacción práctica (...) entre esos agentes. Respecto de , se propone que la independencia entre ética y derecho redunda en una diferenciación entre la aplicación de la idea de «libertad» en ambos ámbitos, diferencia que permite comprender en qué sentido el derecho kantiano se maneja con una concepción política de la autonomía . Respecto de , se intenta mostrar que Kant no concibió al estado natural en términos individualistas, sino por el contrario en los términos de una comunidad interactiva. (shrink)

ABSTRACTIn this article, I will identify two key normative principles at the core of Robert L. Simon’s mutualist theory of sport, namely, the respect-for-the-opponent principle and the idea that sport is a practice aimed at pursuing excellence. The former is a Kantian principle grounded in human beings’ rationality, and the latter is an Aristotelian principle related to the development of excellences as a means to human flourishing. After having presented and analyzed both principles, I will critically evaluate Simon’s attempt to (...) combine them within his mutualist approach. To conclude, I will highlight the challenges that mutualism should face to complete such a combination more successfully.Abbreviation: Categorical imperative. (shrink)

El artículo defiende la tesis de que el liberalismo igualitario nos lleva a una teoría de justicia global y, como parte de ésta, a un derecho de inmigración. Así, el peso de la prueba contra la justicia global y la inmigración se desplaza hacia aquéllos que las desean limitar. Un argumento corriente es que las obligaciones especiales hacia nuestros conciudadanos tienen prioridad sobre las obligaciones generales de justicia. El artículo examina argumentos particularistas y reduccionistas a favor de estas obligaciones especiales, (...) y sostiene que éstos no justifican la restricción de la justicia hacia nuestros conciudadanos y tampoco la discrecionalidad total de los estados en el control de sus fronteras. (shrink)

A notable feature of recent philosophical work on climate ethics is that it makes practically no reference to ‘traditional’ environmental philosophy. There is some irony in this, since environmental ethics arose as part of a broader movement within philosophy, starting in the 1960s, aimed at developing different fields of applied philosophy, in order to show how everyday practice could be enriched through philosophical reflection and analysis. The major goal of this paper is to explain why this branch of practical ethics (...) has, for the most part, failed the test of practicability when it comes to formulating a response to global climate change. The central problem is that debates in environmental philosophy became absorbed by a set of metaphysical questions about the nature of value. The result has been a field dominated by views that provide unsuitable foundations for the development of public policy. (shrink)

The purpose of the text is to demonstrate a distinction between good or virtue and evil or vice, introduced by Hannah Arendt on the grounds of the novel by Hermann Melville Billy Budd. I analyze this distinction in relation to the life story of Romulus Gaita, the hero of the autobiographical novel My father Romulus, written by the Australian ethicist Raimond Gaita. The first paragraph deals with the said distinction, indicating the re-evaluation of such concept as virtue and vice in (...) Melville’s novel and his understanding of virtue. Then, I make an attempt to answer the question of why Gaita writes about his father using a category of character instead of virtue. Then, I reflect on the relationship between virtue, character, goodness and Romulus’s mental illness. Finally, I answer the question about the metaphysical foundation on which Gaita forms his conviction about the superiority of Good and goodness over virtue, and I show what particular components make up the ethics of goodness assumed by Romulus. (shrink)

Recently there has been a somewhat surprising interest among Kantian theorists in the moral standing of animals, coupled with a no less surprising optimism among these theorists about the prospect of incorporating animal moral standing into Kantian theory without contorting its other attractive features. These theorists contend in particular that animal standing can be incorporated into Kantian moral theory without abandoning its logocentrism: the claim that everything that is valuable depends for its value on its relation to rationality. In this (...) essay I raise doubts about the prospects for accommodating animal moral standing within a logocentric Kantianism. I argue instead that the best way to incorporate animal moral standing into Kantian theory is to admit more radical departures from Kant’s position by maintaining that consciousness is a locus of moral standing independent from rationality. I propose that we should attribute moral standing to all conscious animals because the capacity of consciousness is the criterion distinguishing individuals whose well-being generates reasons from individuals whose well-being fails to do so. We need such a criterion because we speak of the well-being of things, such as artifacts and meteorological phenomena, which clearly lack moral standing. Having already argued against the Kantian view that the criterion of moral standing is rationality, I proceed to argue that consciousness is also superior to its other principal rival for the criterion of moral standing: life. On the view that emerges from this discussion, we have obligations to show concern for conscious individuals by treating their well-being as providing us with reasons for action; the view thus endorses the criterion of moral standing typically advanced by utilitarians. On this view we also have a distinct class of obligations to show respect for conscious rational individuals; the view thus endorses the Kantian claim that persons have a distinctive moral status in virtue of their possession of rational capacities. In this essay thus begin to show how a principal insight of each leading approach to modern moral theory may be captured in a unified theory. (shrink)

This essay applies to the morality of lying and other deception a sketch of a kind of virtues-based, input-driven, role-centered, patient-focused, ethical theory. Among the questions treated are: What is wrong with lying? Is it always and intrinsically immoral? Can it be correct, as some have vigorously maintained, that lying is morally wrong in some circumstances where other forms of deliberate dissimulation are not? If so, how can that be? And how can it be that lying to someone is immoral (...) when other, harsher ways of treating her are permissible? The essay examines several responses to the first question, and suggests that lying violates morality as an excessive departure from the role-derived virtues of charity and justice: the liar wills another person the evil of false belief precisely in the proposition for which the speaker offers her assurance and takes special responsibility in asserting. So conceived, lying is an especially egregious form of treachery and degrading manipulation of another person. Appeal is then made to the gravity inherent in lying so conceived to suggest ways of answering the other questions which would support the traditional Augustinian claim that lying is inherently impermissible and ineligible in circumstances where other forms of deliberate deception may not be, and even in situations where violent attack may be permissible.At the end, a taxonomy of more and less rigorist positions of lying is offered. A tentative proposal is made that, while consistent with the traditional Augustinian rigorist position that Iving is always immoral, nevertheless has some features that may slightly soften that view’s practical application. The proposed view does this in a way similar to that in which allowing moral dilemmas may soften it, for allowing dilemmas means there may be cases where an act of a type always immoral may still be more eligible than any alternative. However, it is maintained that the view here proposed need not countenance genuine dilemmas. (shrink)

This essay traces out the context that allowed numerous early modern thinkers to deny that animals had faces. Using early- to mid-seventeenth-century writing by, among others, John Milton, John Bulwer and Ben Jonson, it shows that faces were understood to be sites of meaning, and were thus, like gestural language and the capacity to perform a dance, possessed by humans alone. Animals, this discourse argued, have no ability to communicate meaningfully because they have no bodily control, and as such they (...) are faceless beings without individuality and without a sense of self-consciousness. The ethical implications of such a reading of the human face are far reaching. (shrink)

The article discusses the relation between the concepts of unfair trade, exploitation, and below-subsistence wages with regard to individual economic transactions. Starting from the common notion that exploitation involves some kind of unfair advantage taking, it asks how “unfair” is to be understood, and what it is that is taken advantage of in exploitative exchanges. On this basis it then explores a line of argument for grounding the claim that below-subsistence wages are exploitative, focusing on the condition of morally transformative (...) voluntary consent to transactions. By analyzing the structure of coercion with regard to threats, offers, and circumstances it comes to the conclusion that consent to an offer is morally non-transformative with regard to legitimizing the outcome of a transaction if the person giving the “consent” has only unacceptable options in absolute terms to choose from, since this reduces “consent” to a mere act of rationality devoid of any normative content. Accordingly, it argues that insofar as below-subsistence wages are unacceptable options in absolute terms, they are to be considered exploitative and an instance of unfair trade. (shrink)

ABSTRACTGlobal demand for human ova in in vitro fertilization has led to its expansion in countries with falling average incomes and rising female unemployment. Paid egg donation in the context of national, regional, and global inequalities has the potential to exploit women who are socioeconomically vulnerable, and indeed there is ample evidence that it does. Structural injustices that render women in middle-income countries – and even some high-income countries – economically vulnerable contribute to a context of ‘omissive coercion’ that is (...) morally troubling. When egg brokers or fertility clinics take advantage of these background structural injustices and prospective ova providers’ vulnerability in order to pay them less than they need to meet their livelihood needs, they engage in exploitation. Analyzing paid egg donation as a form of reproductive labor, however, can direct our attention to reforms that would reduce exploitative instances of this practice. In contrast to those who see... (shrink)

Recent work in cognitive science highlights the importance of exem- plar-based know-how in supporting human expertise. Influenced by this model, certain accounts of moral knowledge now stress exemplar- based, non-sentential know-how at the expense of rule-and-principle based accounts. I shall argue, however, that moral thought and reason cannot be understood by reference to either of these roles alone. Moral cognition – like other forms of ‘advanced’ cognition – depends crucially on the subtle interplay and interaction of multiple factors and forces (...) and especially (or so I argue) between the use of linguistic tools and formulations and more biologically basic forms of thought and reason. (shrink)

A great many important decisions we make in life depend on scientific information that we are not in a position to assess. So it seems we must defer to experts. By now there are a variety of criteria on offer by which non-experts can judge the trustworthiness of a scientist responsible for producing or promulgating this information. But science is, for the most part, a collective not an individual enterprise. This paper explores which of the criteria for judging the trustworthiness (...) of individual scientists can be amended for use in assessing the trustworthiness of scientific collectives. It also offers some new proposals specifically geared to assessing collective trustworthiness in science, notably, an analysis of where to apply the criteria (for example at the group or individual level) and additional criteria to assess group infrastructure and design. The paper ends with some practical suggestions for how to assist the non-expert in this task. (shrink)

ABSTRACTAccording to some influential readings of the Groundwork of the Metaphysics of Morals, the view presented there of the kind of spontaneity we are conscious of through theoretical reason and...

The notion of responsibility seeks to establish a connection between agents and some harm or injustice, imposing on them the duty to make things right. The identification of responsibilities is therefore a fundamental step in the work of fighting against injustices, by imposing concrete obligations on particular agents. However, our globalizing world puts in crisis the traditional assumptions on which this idea is based. In this article I examine the reasons for this crisis and I offer alternative interpretations to avoid (...) the problems identified. I argue in favour of adopting a structural perspective that leaves aside the interactional point of view of ethics. (shrink)

David Miller's theory of nationalism and national responsibility offers the leading alternative ‘anticosmopolitan’ theory of global justice. His theory claims that ‘nations’ may be held responsible for the benefits and harms resulting from their collective decisions. Nations may be held remedially responsible to help nations in need even where the former lack causal or moral responsibility, for example. This article critically examines Miller's position that remedial responsibilities – the responsibilities of nations to remedy others in need – can and should (...) only be satisfied by nations. I argue that the characteristics that define and justify a particular understanding of nationalism extend to further constructions of identity, such as religious affiliation and other connections. The problem with Miller's position is that it is overly narrow by focusing solely on our national identities as the characteristic most relevant for determining remedial responsibilities. It is possible and desirable to widen ou.. (shrink)

This article begins with an examination of Peter Singer's ‘solution’ to global poverty as a way to develop a theory of ‘justice in assistance.’ It argues that Singer's work, while compelling, does not seriously engage with the institutions necessary to relieve global poverty. In order to realise our obligations it is necessary to employ secondary agents, such as non-governmental organisations, that produce complex social relationships with the global poor. We should be concerned that the affluent and their secondary agents are (...) complicit with unjust institutions or can be the source of injustice. What is needed is a theory of justice in assistance. This is a distinct area of justice theory because these agents are not primary agents, like states, but they often provide the basic social goods that we associate with primary agents. The article ends by putting forward a provisional conception of justice in assistance based on the republican idea of non-domination. (shrink)

Constitutivism aims to justify substantial normative standards as constitutive of practical reason. In this way, it can defend the constructivist commitment to avoiding realism and anti-realism in normative disciplines. This metaphysical debate is the perspective from which the nature of the constitutivist justification is usually discussed. In this paper, I focus on a related, but distinct, debate. My concern will not be whether the substantial normative claims asserted by the constructivist have some elements, which are not constructed, but real, given (...) independently from us; instead, my concern will be more narrowly epistemic – whether those claims can be derived from premises, which are normatively less substantial than the normative conclusions themselves. I focus on Korsgaard’s transcendental articulation of the constitutivist argument. I conclude that more work would need to be done, in order for this argument to function as intended. (shrink)

This paper argues that to understand the varieties of wrongs done in coercion, we should examine the dynamic normative relation that the coercer establishes with the coerced. The case rests on a critical examination of coercion by threat, which is proved irreducible to psychological inducement by overwhelming motives, obstruction of agency by impaired consent or deprivation of genuine choice. In contrast to physical coercion, coercion by threat requires the coercee’s participation in deliberation to succeed. For this kind of coercion to (...) be successful, there must be a normative relation established by the coercer and the coercee, in which they recognize each other as rational agents. In such cases, the coercee is wronged in the exercise of her deliberative powers. As a consequence, this form of coercion does not cancel the coercee’s moral responsibility for coerced action. Reclaiming the coercee’s responsibility for action under threat does not diminish the visibility and gravity of the coercer’s wrongdoing. On the contrary, it allows us to capture some features of the coercive relation that otherwise remain unfocused and thus identify the distinctive ways in which the coercee is wronged. (shrink)

The universality test is a significant reflective procedure, owing to which Kant’s categorical imperative is brought into proximity with moral practice and with an agent’s decisions made in particular circumstances and at the face of value collisions. The test is to be done in every single case by a moral agent her/himself and it aims to examine a selected maxim for its universality, that is to its congruity to universal and necessary moral law and hence to its moral dignity. This (...) issue has been broadly developed during the last century either within Kant studies, or in positive philosophical discussions, often sharply polemical. The paper represents some positions in those discussions. No matter how important the universality test in an agent’s moral decisions, so far universality signifies one of three embodiments of the categorical imperative, it would be wrong to consider the test the only criterion of moral dignity. This is true both within the Kantian conception of morality and more so beyond it. The paper proposes the Golden Rule as a critical correlation to the categorical imperative with its universality test. The rule also presupposes a kind of universalizability procedure. However, if the universality test set up by the categorical imperative is based on congruence of a maxim with the universal law, universalizability grounded on the Golden Rule consists in delocalization of intentions by taking into consideration the Other in her/his general and particular dispositions. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

In recent years, scholars and researchers have discovered a new trend in the migration of unauthorized people into the United States: while the total numbers of unaccompanied migrant children crossing the border have grown exponentially in the past few years, human rights violations against migrant women have also increased significantly. This unfortunate trend is not unrelated to the intensifying border militarization and the criminalization of all unauthorized migrants. This paper attempts to provide an ethical solution to the political conundrum of (...) undocumented migration by engaging a critical discourse with major feminist theorists of justice, including Seyla Benhabib, Martha Nussbaum, Iris Marion Young, and Onora O'Neill. I develop an argument in the paper that the US government's political appropriation of forgiveness is the most justifiable and practical solution for resolving the precarious situation of undocumented migrant women and children. (shrink)

Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity), human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,” the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning of “human rights” implies a corresponding theory of change (...) and through that can be an important guide to the practice of human rights activists and their funders. In practice, any organization can describe their work as “rights based.” This article clarifies the practices of human rights activists and their funders that are consistent with a theory of human rights as (1) universal, (2) interdependent across groups and categories of people, (3) indivisible across issue areas and claims, and (4) measured by the enjoyment of rights. (shrink)

Rawls champions the cause of the poor because of his strong moral sentiments about the eradication of poverty. I present these sentiments, which he converts into normative elements of his theory of justice. However, the conceptual framework and intellectual resources that he uses to articulate these sentiments are inadequate. His sentiments against poverty cannot be accommodated neatly, simply, and coherently in his liberal theoretical framework. Also, I point out that his definition of the identification of poor people as the least (...) advantaged members of society is not adequate. Therefore, his theory is refashioned so that it can properly account for the fundamental interests of poor people. An alternative conception is presented, revising Rawlsian liberalism to enable it to adequately champion the cause of the poor. I provide an alternative definition of poverty and apply Mill’s analysis of the relation between justice and utility to Rawls’ theory of justice. (shrink)

Resumen En este artículo, muestro que la parcialidad debidamente justificada hacia nuestros seres queridos es parte del proyecto moral kantiano. A diferencia de los críticos que abogan que la imparcialidad del juicio obliga a no tener en cuenta las relaciones personales cuando se toman decisiones morales, defiendo la hipótesis de que un kantiano puede ser parcial con sus seres queridos, por razones tanto sistemáticas como textuales.In this article I show that duly justified partiality towards our loved ones is part of (...) the Kantian moral project. Unlike the critics who advocate a reading in which the impartiality of the judgment in this ethics forces not to take into account personal relationships when making moral decisions, I defend the hypothesis that a Kantian can be partial with his loved ones, this for systematic and textual reasons. (shrink)