Hate speech, understood broadly, is any form of expression intended to arouse hatred or contempt toward members of a particular social group. When university administrators have reason to believe that a planned speaking event on campus may feature hate speech (at least in the eyes of some), how should they respond? In this paper I address this question as it arises for Canadian universities. I argue that, where the regulation of campus speech is concerned, the right course of action for (...) university administrators is nearly always to do absolutely nothing. They will have reason to become actively involved only in order to ensure that a speaking event proceeds safely, or when it threatens to disrupt the functioning of the university, or when it is itself threatened with disruption by protesting groups. In those instances the justification for intervention will be to protect and facilitate speech, not to shut it down. (shrink)

Suppose that the ultimate point of ethics is to make the world a better place. If it is, we must face the question: better in what respect? If the good is prior to the right — that is, if the rationale for all requirements of the right is that they serve to further the good in one way or another — then what is this good? Is there a single fundamental value capable of underlying and unifying all of our moral (...) categories? If so, how might it defeat the claims of rival candidates for this role? If not, is there instead a plurality of basic goods, each irreducible to any of the others? In that case, how do they fit together into a unified picture of the moral life? These are the questions I wish to address, in a necessarily limited way. To many the questions will seem hopelessly old-fashioned or misguided. Some deontologists will wish to reverse my ordering of the good and the right, holding that the right constrains acceptable conceptions of the good. For many contractarians, neither the good nor the right will seem normatively basic, since both are to be derived from a prior conception of rationality. Finally, some theorists will reject the classification of moral theories in terms of their basic normative categories, arguing that the whole foundationalist enterprise in ethics should be abandoned. In the face of these challenges to the priority of the good, and in light of the many current varieties of moral skepticism and relativism, I cannot provide a very convincing justification for raising the questions I intend to discuss. (shrink)

If I lead a life of virtue, that may well be good for you. But will it also be good for me? The idea that it will—or even must—is an ancient one, and its appeal runs deep. For if this idea is correct then we can provide everyone with a good reason—arguably the best reason—for being virtuous. However, for all the effort which has been invested in defending the idea, by some of the best minds in the history of philosophy, (...) it remains unproven. Worse, in this skeptical age hardly anyone really believes it. I don't really believe it either, at least not in its strongest forms, but I think that the question is nonetheless worth examining. Even if we cannot show that virtue and self-interest coincide, we can at least measure the breadth of the gap between them. (shrink)

Ever since medical assistance in dying (MAID) became legal in Canada in 2016, controversy has enveloped the refusal by many faith‐based institutions to allow this service on their premises. In a recent article in this journal, Philip and Joshua Shadd have proposed ‘changing the conversation’ on this issue, reframing it as an exercise not of conscience but of an institutional right of self‐governance. This reframing, they claim, will serve to show how health‐care institutions may be justified in refusing to provide (...) MAID on moral or religious grounds. I argue that it will not make it easier to justify institutional refusal, and is likely to make it harder. (shrink)

No one who cares about equal opportunity can derive much comfort from the present occupational distribution of working women. In the various industrial societies of the West, women comprise between one quarter and one-half of the national labor force. However, they tend to clustered in employment sectors – especially clerical, sales, and service J occupations – which rank relatively low in remuneration, status, autonomy, and other perquisites. Meanwhile, the more prestigious and rewarding managerial and professional positions, as well as the (...) major categories of blue-collar labor, remain largely a male preserve. In the same societies the average income earned by full-time female workers is one-half to two- J thirds that of their male counterparts. Although this disparity owes much to i other factors, including lower pay for work similar or even identical to that r standardly done by men, much of it can be explained only by the concentration of working women in traditional female job ghettos. (shrink)

I am grateful to John Woods and David Soles for the careful attention they have given to some of the central arguments of Abortion and Moral Theory, though I wish that they had revealed fewer respects in which those arguments were seriously underdeveloped. In what follows I will try to supply some of the needed further development. I address the main points at issue in what I conceive to be their order of ascending importance.

I am grateful to John Woods and David Soles for the careful attention they have given to some of the central arguments of Abortion and Moral Theory, though I wish that they had revealed fewer respects in which those arguments were seriously underdeveloped. In what follows I will try to supply some of the needed further development. I address the main points at issue in what I conceive to be their order of ascending importance.

No one who cares about equal opportunity can derive much comfort from the present occupational distribution of working women. In the various industrial societies of the West, women comprise between one quarter and one-half of the national labor force. However, they tend to clustered in employment sectors – especially clerical, sales, and service J occupations – which rank relatively low in remuneration, status, autonomy, and other perquisites. Meanwhile, the more prestigious and rewarding managerial and professional positions, as well as the (...) major categories of blue-collar labor, remain largely a male preserve. In the same societies the average income earned by full-time female workers is one-half to two- J thirds that of their male counterparts. Although this disparity owes much to i other factors, including lower pay for work similar or even identical to that r standardly done by men, much of it can be explained only by the concentration of working women in traditional female job ghettos. (shrink)

In her review of my book Assisted Death: A Study in Ethics and Law, Glenys Williams raises a number of substantive objections to its argument. In this note I reply to those objections.

In the situations canvassed I have argued that (a) the dominant aim of the utilitarian will be the establishment of a fair procedure, (b) under radical uncertainty cooperation will constitute his best bet, and (c) when he knowsthat all others will cooperate it is still an open question whether he will slack, and if under some conditions he does so he does not then act unfairly. It is wise to bear in mind, however, that an enormous number of possible situations, (...) mostly mixtures of the pure cases, simply have not been considered. It is not inconceivable that in one of them the utilitarian will clearly act unfairly; I am inclined to think not, but the possibility is not entirely ruled out. (shrink)

I am deeply indebted to Tom Hurka and David Copp for the careful attention they have given to some of the central motifs in The Moral Foundation of Rights. By doing their job so well they have simplified mine considerably. Their exposition of my views is a model of fairness and accuracy; I need therefore waste no time disclaiming attributions or complaining about misrepresentation. Furthermore, they have shown admirable resolve in choosing to ignore the book's relatively peripheral concerns, even when (...) these would have made easy targets. By adopting this policy of restraint they have helped to illuminate issues which, it seems to me, run to the very heart of moral/political theory. (shrink)

This is a book built round an argument. Several variants of the argument are offered, and I shall consider but one of them. It is directed against the following act utilitarian principle:AU: An act is right if and only if it would have best consequences The argument may be freely rendered as follows. Suppose that we have an agent, Smith, in a society, S, such that the following conditions are satisfied:C1: Smith accepts AU and attempts always to act in accordance (...) with itC2: Smith is rational: he understands the implications of accepting AU and applies AU correctlyC3: No other person in S accepts AUC4: All others in S know that C1 and C2 obtainC5: All others in S are rational: they understand the implications of Smith's accepting AUC: All others in S are tolerant of Smith's accepting AU: they do not criticize him for acting in accordance with itC7: Smith knows that C3 – C6 obtainC1 – C7 collectively define the position of an act utilitarian in a non-act utilitarian society, with certain assumptions as to rationality and tolerance. Then the thesis is that under C1 – C7 Smith will sometimes fail to do the act with best consequences. His very acceptance and correct application of AU conspire to prevent the production of certain good consequences which would otherwise be possible. (shrink)

Since its appearance in 1971, John Rawls’ A Theory of justice has attracted much critical attention. Most of this attention has inevitably centred on the two principles of justice for institutions and on their derivation from the original position. This paper will examine a part of the system which has not yet received such close scrutiny — Rawls’ theory of political obligation in general and civil disobedience in particular. My main aim is to understand this theory, since there are crucial (...) respects in which it is undeveloped. But I shall also along the way comment on its possibilities; these comments will for the most part take the form of comparisons with its utilitarian rival.In what follows I shall not confine myself to the material in Rawls’ book, but rather use the appearance of the book as an opportunity to review the development of the theory of political obligation since “Justice as Fairness”. When one surveys the period bounded by that initial paper and by the book, certain patterns form. (shrink)

At a 1990 conference on freedom of expression Roger Shiner presented a paper arguing that commercial expression does not merit constitutional protection under the Canadian Charter of Rights and Freedoms. Thirteen years on he has defended the same thesis at much greater length in this meticulously researched, beautifully written, and exhaustively argued book. When I heard Shiner’s original paper I had no settled view on the issue he was addressing, though I was impressed by his treatment of it. Since that (...) time I have come to believe that successive Canadian courts have been correct in extending constitutional protection to commercial expression. However, I remain impressed by Shiner’s arguments to the contrary and will devote most of this critical notice to engaging them. (shrink)

L. W. Sumner argues that humanism—the position that all and only humans possess moral standing—is false. I agree. Critically examining an argument purporting to establish the exclusive part of humanism—that only humans possess moral standing—Sumner argues that we should not confuse ultimate and objective value, value and welfare, and “formal” and “substantive” theses about value. Again I have no disagreement.

In this timely book L.W. Sumner addresses these issues within the wider context of palliative care for patients in the dying process.

Moral philosophers agree that welfare matters. But they disagree about what it is, or how much it matters. In this vital new work, Wayne Sumner presents an original theory of welfare, investigating its nature and discussing its importance. He considers and rejects all notable theories of welfare, both objective and subjective, including hedonism and theories founded on desire or preference. His own theory connects welfare closely with happiness or life satisfaction. Reacting against the value pluralism that currently dominates moral (...) philosophy, he advances welfare as the only basic ethical value. He concludes by discussing the implications of this thesis for ethical and political theory. Written in clear, non-technical language, and including a definitive survey of other work in this area, Sumner's book is essential reading for moral philosophers, political theorists, and welfare economists. (shrink)

We argue that the geometry of spacetime is a convention that can be freely chosen by the scientist; no experiment can ever determine this geometry of spacetime, only the behavior of matter in space and time. General relativity is then rewritten in terms of an arbitrary conventional geometry of spacetime in which particle trajectories are determined by forces in that geometry, and the forces determined by fields produced by sources in that geometry. As an example, we consider radial trajectories in (...) the field of a single particle expressed in the spacetime of special relativity. (shrink)

The Swiss psychologist Jean Piaget contends that children below the age of 12 see no necessity for the logical law of non-contradiction. I argue this view is problematic. First of all, Piaget's dialogues with children which are considered supportive of this position are not clearly so. Secondly, Piaget underestimates the necessary nature of following the logical law of non-contradiction in everyday discourse. The mere possibility of saying something significant and informative at all presupposes that the law of non-contradiction is enforced.

When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient must give (...) “express consent” to receiving it. Since express consent presupposes decisional capacity, this requirement rules out administering MAiD to a patient who has lost capacity. Amendments to the legislation passed by Parliament in March 2021 open the door slightly by allowing advance requests by patients after they have been approved for MAiD, if they fear losing capacity before the procedure can be administered. But this provision would apply only to patients whose natural death was deemed to be “reasonably foreseeable”, and would continue to exclude (a) requests made after diagnosis of a “grievous and irremediable medical condition” but in advance of approval for MAiD, and (b) requests made before such a diagnosis. My aim in this paper is twofold: to explore the ethical and legal issues concerning advance requests for MAiD, and to argue for expanding provision for such requests to include both of these further scenarios. (shrink)