This book develops some of the most important themes of Sen's works over the last decade. He argues in a rich and subtle approach that we should be concerned with people's capabilities rather than their resources or welfare.
Professional philosophers are members of bioethical committees and regulatory bodies in areas of interest to bioethicists. This suggests they possess moral expertise even if they do not exercise it directly and without constraint. Moral expertise is defined, and four arguments given in support of scepticism about their possession of such expertise are considered and rejected: the existence of extreme disagreement between moral philosophers about moral matters; the lack of a means clearly to identify moral experts; that expertise cannot be claimed (...) in that which lacks objectivity; and that ordinary people do not follow the advice of moral experts.I offer a better reason for scepticism grounded in the relation between moral philosophy and common-sense morality: namely that modern moral philosophy views even a developed moral theory as ultimately anchored in common-sense morality, that set of basic moral precepts which ordinary individuals have command of and use to regulate their own lives.Even if moral philosophers do nevertheless have a limited moral expertise, in that they alone can fully develop a set of moral judgments, I sketch reasons – grounded in the values of autonomy and of democracy – why moral philosophers should not wish non-philosophers to defer to their putative expertise. (shrink)
Whether children have rights is a debate that in recent years has spilled over into all areas of public life. It has never been more topical than now as the assumed rights of parents over their children is challenged on an almost daily basis. David Archard offers the first serious and sustained philosophical examination of children and their rights. Archard reviews arguments for and against according children rights. He concludes that every child has at least the right to the best (...) possible upbringing. Denying that parents have any significant rights over their children, he is able to challenge current thinking about the proper roles of state and family in rearing children. Crucially, he considers the problem of how to define and understand `child abuse'. (shrink)
This article examines what is wrong with some expressive acts, ‘insults’. Their putative wrongfulness is distinguished from the causing of indirect harms, aggregated harms, contextual harms, and damaging misrepresentations. The article clarifies what insults are, making use of work by Neu and Austin, and argues that their wrongfulness cannot lie in the hurt that is caused to those at whom such acts are directed. Rather it must lie in what they seek to do, namely to denigrate the other. The causing (...) of offence is at most evidence that an insult has been communicated; it is not independent grounds of proscription or constraint. The victim of an insult may know that she has been insulted but not accept or agree with the insult, and thereby submit to the insulter. Hence insults need not, as Waldron argues they do, occasion dignitary harms. They do not of themselves subvert their victims' equal moral status. The claim that hateful speech endorses inequality should not be conflated with a claim that such speech directly subverts equality. Thus, ‘wounding words’ should not unduly trouble the liberal defender of free speech either on the grounds of preventing offence or on those of avoiding dignitary harms. (shrink)
This article examines a particular debate between Eamonn Callan and William Galston concerning the need for a civic education which counters the divisive pull of pluralism by uniting the citizenry in patriotic allegiance to a single national identity.
If rape is evaluated as a serious wrong, can it also be defined as non-consensual sex (NCS)? Many do not see all instances of NCS as seriously wrongful. I argue that rape is both properly defined as NCS and properly evaluated as a serious wrong. First, I distinguish the hurtfulness of rape from its wrongfulness; secondly, I classify its harms and characterize its essential wrongfulness; thirdly, I criticize a view of rape as merely ‘sex minus consent’; fourthly, I criticize mistaken (...) attempts to discount the wrongfulness of rape for those who do not value sex; fifthly, I contrast two models for weighing interests, according to one of which rape is not seriously wrongful; finally, I sketch a defence of the view that our sexual integrity ought to be a central interest of ours. (shrink)
The book contains original essays by distinguished moral and political philosophers on the topic of the moral and political status of children. It covers the themes of children's rights, parental rights and duties, the family and justice, and civic education.
I argue that it is wrong deliberately to bring into existence an individual whose life we can reasonably expect will be of very poor quality. The individual's life would on balance be worth living but would nevertheless fall below a certain threshold. Additionally the prospective parents are unable to have any other child who would enjoy a better existence. Against the claims of John Harris and John Robertson I argue that deliberately to conceive such a child would not be to (...) exercise the right to procreate. For this right is internally constrained by the requirement that any resultant child has the reasonable prospect of a minimally decent life. (shrink)
This article defends Richard Titmuss''s argument, and PeterSinger''s sympathetic support for it, against orthodoxphilosophical criticism. The article specifies thesense in which a market in blood is ``dehumanising'''' ashaving to do with a loss of ``imagined community'''' orsocial ``integration'''', and not with a loss of valued or``deeper'''' liberty. It separates two ``domino arguments''''– the ``contamination of meaning'''' argument and the``erosion of motivation'''' argument which support, indifferent but interrelated ways, the claim that amarket in blood is ``imperialistic.'''' Concentrating onthe first domino argument (...) the article considers theview that monetary and non-monetary meanings of thesame good can co-exist given the robustness of certainkinds of relationship and joint undertakings withinwhich gifts can figure. It argues that societalrelationships are vulnerable or permeable to theeffects of the market in a way that those constitutiveof the personal sphere are not.General, more broadly political questions remainunanswered but the core of Titmuss''s original andchallenging argument remains and can be presented ina defensible form. (shrink)
The alleged problem of the dirty hands of politicians has been much discussed since Michael Walzer’s original piece (Walzer 1974). The discussion has concerned the precise nature of the problem or sought to dissolve the apparent paradox. However there has been little discussion of the putative complicity, and thus also dirtying of hands, of a democratic public that authorizes politicians to act in its name. This article outlines the sense in which politicians do get dirty hands and the degree to (...) which a democratic public may also get dirty hands. It separates the questions of secrecy, authorisation, and wrongfulness in order to spell out the extent of public complicity. Finally it addresses the ways in which those who do and those who do not acknowledge the problem of dirty hands erroneously discount or deny the problem of complicity by an appeal to the nature of democracy, a putatively essential need for political openness or to the scope of ideal theory. (shrink)
Children are young human beings. Some children are very young human beings. As human beings children evidently have a certain moral status. There are things that should not be done to them for the simple reason that they are human. At the same time children are different from adult human beings and it seems reasonable to think that there are things children may not do that adults are permitted to do. In the majority of jurisdictions, for instance, children are not (...) allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment. What makes children a special case for philosophical consideration is this combination of their humanity and their youth, or, more exactly, what is thought to be associated with their youth. One very obvious way in which the question of what children are entitled to do or to be or to have is raised is by asking, Do children have rights? If so, do they have all the rights that adults have and do they have rights that adults do not have? If they do not have rights how do we ensure that they are treated in the morally right way? Most jurisdictions accord children legal rights. Most countries—though not the United States of America—have ratified the United Nations Convention on the Rights of the Child which was first adopted in 1989. The Convention accords to children a wide range of rights including, most centrally, the right to have their ‘best interests’ be ‘a primary consideration’ in all actions concerning them, the ‘inherent right to life’, and the right of a child “who is capable of forming his or her own views … to express these views freely in all matters affecting the child”. However it is normal to distinguish between ‘positive’ rights, those that are recognised in law, and ‘moral’ rights, those that are recognised by some moral. (shrink)
Using the example of an unconsented mouth swab I criticise the view that an action of this kind taken in itself is wrongful in respect of its being a violation of autonomy. This is so much inasmuch as autonomy merits respect only with regard to ‘critical life choices’. I consider the view that such an action is nevertheless harmful or risks serious harm. I also respond to two possible suggestions: that the action is of a kind that violates autonomy; and, (...) that the class of such actions violates autonomy. I suggest that the action is wrongful in as much as it is a bodily trespass. I consider, and criticise, two ways of understanding how morally I stand to my own body: as owner and as sovereign. In respect of the latter I consider Arthur Ripstein's recent defence of a sovereignty principle. Finally I criticise an attempt by Joel Feinberg to explain bodily trespass in terms of personal autonomy. (shrink)
Consider the following examples of behavior by Smith: 1. Smith, seated at her restaurant table, gives an order to the waiter; 2. Smith gets into a cab and names a destination; 3. Smith agrees to Jones's suggestion that they go back to Jones's apartment for a few drinks; 4. Smith casts her vote in some election. In each of these instances what can Smith be understood as consenting to? Is she consenting to pay the bill for whatever meal she orders; (...) pay the fare for the journey to her named destination; sexual intimacy with Jones; and accept the authority of whatever individual or political part is elected? The fact that Smith does not actually express her consent to each of these states of affairs or outcomes need not mean that she is not giving her consent to them. The idea that individuals can give their consent in ways other than by means of a formal verbal expression of agreement is a familiar, if controversial, one. (shrink)
I criticise the ‘liberal’view of the proper relationship between the family and State, namely that, although the interests of the child should be paramount, parents are entitled to rights of both privacy and autonomy which should be abrogated only when the child suffers a specifiable harm. I argue that the right to bear children is not absolute, and that it only grounds a right to rear upon an objectionable proprietarian picture of the child as owned by its producer. If natural (...) parents have any rights to rear they derive from duties to bring their children into rational maturity where they can exercise rights for themselves. The presumption that natural parents are best suited to rear their own children should be discounted, as should the assumption that alternatives to natural parenting are unacceptably bad. I reject the suggestion that parents should be ‘licensed’but argue for a much closer monitoring of the family. Familial privacy, which such monitoring breaches, is shown to have a culturally specific and, given the facts of abuse, dubious value. In conclusion, I briefly specify the forms of monitoring I approve. (shrink)
A moral compromise is a compromise on moral matters; it is agreement in the face of moral disagreement but where there is agreement on the importance of consensus -namely that it secures a morally desirable outcome. It is distinguishable from other forms of agreement, and an important distinction between moral compromise with public agreement and moral compromise with public disagreement is also made. Circumstances in which the former might be permissible are outlined, and the sense in which it is allowed (...) all things considered to agree is made clear. The relevant discussions of Dan Brock and Mary Warnock on the role of the philosopher to public policy are critically reviewed. Finally, a brief list is offered of the considerations relevant to an estimation of whether and, if so, when such compromise is allowed. (shrink)
The book contains original essays by distinguished moral and political philosophers on the topic of the moral and political status of children. It covers the themes of children's rights, parental rights and duties, the family and justice, and civic education.
There are three possible justifications of the claim cultural communities make for their right to transmit an identity to their children. A group strategy and a parenting strategy are both defective. More promising is the view that there is value to children in the sharing of a familial life. But parental authority is limited by the requirement that children acquire sufficient autonomy. Some multicultural policies are thus not ruled out by the recognition of the need to accommodate children's interests.
In the face of differences about how sex should be taught to young persons, and consistent with a liberal principle of neutrality, educationalists can adopt one of two strategies. The ‘retreat to basics’ consists in teaching only a basic agreed code of sexual conduct, or a set of agreed principles of sexual morality. The ‘conjunctive–disjunctive’ strategy consists in teaching the facts of sexual activity together with the various possible evaluations of these facts. Both strategies are beset with significant and insuperable (...) difficulties. Perhaps one should presume only to teach sex in a way that maximises the foundational liberal ideal of autonomy. (shrink)
abstract Martha Nussbaum's concern is to limit the role that emotions can legitimately play in the definition of the criminal law. She would allow nuisance laws to curtail the occasioning of disgust but only disgust of a certain kind. Problems arise for her account when she extends this analysis to the prevention of offensiveness. Unavoidable is an evaluation of those beliefs subscription to which explains the taking of offence. Hence the principal problem for a liberalism of the kind Nussbaum defends (...) is how to combine Mill's harm principle with a Rawlsian understanding of the reasonableness of belief. (shrink)
abstract I consider the putative originality of applied philosophy and seek to defend a version of it often called 'bottom up'. I review ways in which imagined cases may cause us to reconsider our normative commitments, and endorse a general attentiveness to the matter of how the world is and how it might reasonably be imagined. This is important if practical philosophers want to form the correct normative judgements, to be able to recognize the sui generis character of some moral (...) theorising in particular domains, practically to enact their considered judgments, and properly to acknowledge how the real world, in the form of institutions, practices and a cultural framework, constrains, or facilitates, practical enactment. Throughout I illustrate my abstract claims by reference to the moral judgement and legal regulation of sexual behaviour. (shrink)
Whether children have rights is a debate that in recent years has spilled over into all areas of public life. It has never been more topical than now as the assumed rights of parents over their children is challenged on an almost daily basis. David Archard offers the first serious and sustained philosophical examination of children and their rights. Archard reviews arguments for and against according children rights. He concludes that every child has at least the right to the best (...) possible upbringing. Denying that parents have any significant rights over their children, he is able to challenge current thinking about the proper roles of state and family in rearing children. Crucially, he considers the problem of how to define and understand `child abuse'. (shrink)
For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)
Much is said about the decline of the family, often in connection with the prevalence of certain social problems. In this article I consider two kinds of fear: (i) that the traditional family is disappearing; (ii) that new forms of family emerging are, in some or other respect, not worthy of the title. In themselves, neither fear, I argue, should give rise to pressing ethical concerns as such. On fear (i): if by ?traditional family? we mean one whose adult members (...) are heterosexuals, normally married and bringing up, in a single shared residence, their own offspring to whom they are biologically related, then indeed this is threatened by certain laws, and social and biotechnological relationships that tolerate and make possible new kinds of parental relationships. But as there are clear ethical objections to the disadvantaging of non-traditional families, there is no clear-cut case that the decline of the traditional version is a bad thing. Fear (ii) typically reflects a concern about excessive separation of the social and biological aspects of parenthood?i.e., that the definition and function of the family in social terms has become detached from a strict biological understanding of such factors. I argue that this concern is misplaced, for various reasons. As a result, there is no good reason to worry that the family?in all of its myriad forms?does not have a future. (shrink)
