bluuebunny/crossref_metadata_2025 huggingface dataset:
The Limits of Well-Being
Authors: Kagan Shelly
Published: January 2009

What are the limits of well-being? This question nicely captures one of the central debates concerning the nature of the individual human good. For rival theories differ as to what sort of facts directly constitute a person's being well-off. On some views, well-being is limited to the presence of pleasure and the absence of pain. But other views push the boundaries of well-being beyond this, so that it encompasses a variety of mental states, not merely pleasure alone. Some theories then draw the line here, limiting well-being to the presence of the appropriately broadened set of mental states. But still others extend the limits of well-being even further, so that it is constituted in part by facts that are not themselves mental states at all; on such views, well-being is partly constituted by states of affairs that are “external” to the individual's experiences.

In this essay, I want to explore some of this debate by focusing on a particular stretch of the dialectic. That is, I want to think hard about a particular connected series of arguments and counterarguments. These arguments – or, at least, the concerns they seek to express – emerge naturally in the give and take of philosophical discussion. Together they make up a rather simple story, whose plot, in very rough terms, is this: first there is an attempt to push the limits of well-being outward, moving from a narrow to a broader conception; then comes the claim that the resulting notion is too broad, and so we must retreat to a narrower conception after all.
Legalism and Humankind
Authors: Michelman Frank I.
Published: January 2009

Prescriptive political and moral theories contain ideas about what human beings are like and about what, correspondingly, is good for them. Conceptions of human “nature” and corresponding human good enter into normative argument by way of support and justification. Of course, it is logically open for the ratiocinative traffic to run the other way. Strongly held convictions about the rightness or wrongness, goodness or badness, of certain social institutions or practices may help condition and shape one's responses to one or another set of propositions about what people are like and what, in consequence, they have reason to value.
Compassion: The Basic Social Emotion
Authors: Nussbaum Martha
Published: January 2009

Philoctetes was a good man and a good soldier. When he was on his way to Troy to fight alongside the Greeks, he had a terrible misfortune. By sheer accident he trespassed in a sacred precinct on the island of Lemnos. As punishment he was bitten on the foot by the serpent who guarded the shrine. His foot began to ooze with foul-smelling pus, and the pain made him cry out curses that spoiled the other soldiers' religious observances. They therefore left him alone on the island, a lame man with no resources but his bow and arrows, no friends but the animals who were also his food.

Ten years later, according to Sophocles' version of the story, they come to bring him back: for they have learned that they cannot win the war without him. The leaders of the expedition think of Philoctetes as a tool of their purposes; they plan to trick him into returning, with no empathy for his plight. The Chorus of soldiers, however, has a different response. Even before they see the man, they imagine vividly what it is like to be him– and they enter a protest against the callousness of the commanders:

For my part, I pity him– thinking of how, with no living soul to care for him, seeing no friendly face, wretched, always alone, he suffers with a fierce affliction, and has no resources to meet his daily needs. How in the world does the poor man survive?
Liberalism, Communitarianism, and Political Community
Authors: Kukathas Chandran
Published: January 2009

The primary concern of this essay is with the question “What is a political community?” This question is important in its own right. Arguably, the main purpose of political philosophy is to provide an account of the nature of political association and, in so doing, to describe the relations that hold between the individual and the state. The question is also important, however, because of its centrality in contemporary debate about liberalism and community.
Social Unity in a Liberal State
Authors: Kymlicka Will
Published: January 2009

Around the world, multiethnic states are in trouble. Many have proven unable to create or sustain any sense of solidarity across ethnic lines. The members of one ethnic group are unwilling to respect the rights of the members of other groups, or to make sacrifices for them, and have no trust that any sacrifice they might make will be reciprocated.

Recent events show that where this sort of solidarity and trust is lacking, the consequences can be disastrous. In some countries, the result is violent civil war, as in Rwanda, Yugoslavia, and various parts of the former Soviet Union. In other countries, the state has dissolved in a more peaceful way, as in Czechoslovakia, albeit with significant economic and psychological costs. In yet other countries, particularly in Africa, the state has stayed together, but is little more than a shell, a loose confederation of more or less hostile groups who barely tolerate, let alone cooperate with, each other.
The Case for Tolerance
Authors: Fletcher George P.
Published: January 2009

For people to live together in pluralistic communities, they must find someway to cope with the practices of others that they abhor. For that reason, tolerance has always seemed an appealing medium of accommodation. But tolerance also has its critics. One wing charges that the tolerant are too easygoing. They are insensitive to evil in their midst. At the same time, another wing attacks the (merely) tolerant for being too weak in their sentimentsof respect. “The Christian does not wish to be tolerated,” as T. S. Eliot said; and by this he meant to claim, presumably, that the Christian desires respect and acceptance, and not merely the forbearance suggested by “tolerance.”

To make the case for tolerance, we must engage in a three-front campaign: first, against intolerance; second, against the moral failing of indifference; and third, against the desirability of respecting and accepting everyone. The central claim in making this case will be that unlike these three competing sentiments, tolerance is a complex attitude toward the behavior and beliefs of others. Its complexity consists in both moral disapproval (or atleast cultural rejection) and the avoidance of interference. If there is a case to be made for tolerance, it must derive from this peculiar complexity. After surveying its alternatives, I will argue that the complex sentimentof tolerance is more readily praised than its alternatives.
Distributional Problems: The Household and the State
Authors: Coleman James S.
Published: January 2009

With the development of the division of labor, the household has declined in importance as a unit of economic production. Yet even as the individual wage earner has assumed a central place in modern exchange economies, the household has still been seen as an important unit of distribution, in which wage earners provide for their non-income-producing family members. With the breakdown of the family in recent decades, however, the communal income-sharing function of the family has, in significant part, been taken overby the state.

In this essay, I examine this fundamental change in the structure of production and distribution in modern exchange economies. Going beyond this, I propose a new structure of markets–markets for rights to influence collective decision-making within a society. Such markets, I suggest, wouldprovide a source of income for each member of the society.
The Wisdom of the Egoist: The Moral and Political Implications of Valuing the Self
Authors: Hampton Jean
Published: January 2009

There is a traditional understanding of what morality is, an under-standing that most contemporary moral philosophers take for granted. This understanding is not itself a theory, but rather an account of the phenomenon of morality, to which these philosophers have thought any theory of the phenomenon must conform if it is to be considered successful as either an explanation or a justification of our moral life. According to this account, there are three prominent features that, together, characterize the moral:

First, moral action and moral regard are taken to be other-regarding. While some philosophers have identified a certain kind of self-respect as part of morality, in general morality has been thought to involve duties to others, requiring that they be treated with respect. Self-interest is generally taken to be outside the province of the moral.
The Ring of Gyges: Overridingness and The Unity of Reason
Authors: Copp David
Published: January 2009

Does morality override self-interest? Or does self-interest override morality? These questions become important in situations where there is conflict between the overall verdicts of morality and self-interest, situations where morality on balance requires an action that is contrary to our self-interest, or where considerations of self-interest on balance call for an action that is forbidden by morality. In situations of this kind, we want to know what we ought simpliciter to do. If one of these standpoints over-rides the other, then there is a straightforward answer. We ought simpliciter to act on the verdict of the overriding standpoint.

For purposes of this essay, I assume that there are possible cases in which the overall verdicts of morality and self-interest conflict. I will call cases of this kind “conflict cases.” The verdict of morality in a conflict case would be a proposition as to what we ought morally to do, or as to what we have the most moral reason to do; the verdict of self-interest would be a proposition as to what we ought to do in our self-interest, or as to what action is best supported by reasons or considerations of self-interest. These propositions are action-guiding or normative in a familiar sense. The conflict between morality and self-interest in conflict cases is there-fore a normative conflict; it is a conflict between the overall verdicts of different normative standpoints. I take it that the question of whether morality overrides self-interest is the question of whether the verdicts of morality are normatively more important than the verdicts of self-interest. In due course, I will explain the idea of normative importance as well as the ideas of a normative proposition and of a reason.
Self-Interest: What's in it for Me?
Authors: Schmidtz David
Published: January 2009

We have taken the “why be moral?” question so seriously for so long. It suggests that we lack faith in the rationality of morality. The relative infrequency with which we ask “why be prudent?” suggests that we have no corresponding lack of faith in the rationality of prudence. Indeed, we have so much faith in the rationality of prudence that to question it by asking “why be prudent?” sounds like a joke. Nevertheless, our reasons and motives to be prudent are every bit as contingent as our reasons and motives to be moral–or so I argue in Sections II and III.

A second theme of this essay is thatconflictbetween morality and self-interest is contingent as well. The moral perspective, as characterized in Section IV, does not require a universal regard for others, whereas the kind of self-interested perspective characterized in Section III does not require a wholesale disregard for others. Both perspectives make room for a deep although not universal other-regard–or so I argue in Section V.
Self-Interest and Self-Concern
Authors: Darwall Stephen
Published: January 2009

In what follows I consider whether the idea of a person's interest or good might be better understood through that of care or concern for that person for her sake, rather than conversely, as is ordinarily assumed. Contrary to (informed) desire-satisfaction theories of interest, such an account can explain why not everything a person rationally desires is part of her good, since what a person sensibly wants is not necessarily what we (and she) would sensibly want, insofar as we care about her.

First, however, a tale:

There was no other explanation which seemed reasonable. … [W]as it not reasonable to assume that he meant never to claim his birth-right? If this were so, what right had he, William Cecil Clayton, to thwart the wishes, to balk the self-sacrifice of this strange man? If Tarzan of the Apes could do this thing to save Jane Porter from unhappiness, why should he, to whose care she was intrusting her whole future, do aught to jeopardize her interests?
Self-Interest and Virtue
Authors: Badhwar Neera K.
Published: January 2009

The Aristotelian view that the moral virtues–the virtues of character informed by practical wisdom–are essential to an individual's happiness, and are thus in an individual's self-interest, has been little discussed outside of purely scholarly contexts. With a few exceptions, contemporary philosophers have tended to be suspicious of Aristotle's claims about human nature and the nature of rationality and happiness (eudaimonia). But recent scholarship has offered an interpretation of the basic elements of Aristotle's views of human nature and happiness, and of reason and virtue, that brings them more into line with common-sense thinking and with contemporary philosophical and empirical psychology. This makes it fruitful to reexamine the question of the role of virtue in self-interest.
Guarantees
Authors: Schmidtz David
Published: January 2009

People have accidents. They get old. They eat too much. They have bad luck. And sooner or later, something will be fatal. It would be a better world if such things did not happen, but they do. There is no use arguing about it. What is worth arguing about is whether it makes for a better world when people have to pay for other people's misfortunes and mistakes rather than (or as well as) their own.
Two Conceptions of Welfare: Voluntarism and Incorporationism
Authors: Davies Stephen
Published: January 2009

The history of the welfare state is not only or even primarily a story of men and measures but also one of concepts and social ideals. Over the last hundred and twenty years or so, the body of policies, rules, and practices which we collectively term the welfare state has become the most prominent feature of politics and state activity in every developed country. This reflects not only institutional and procedural pressures on the political process during this period, but also the gradual permeation (to use a term employed by one prominent advocate of the welfare state) of all parties and arguments by a particular conception of welfare which has determined and limited the range and terms of debate. Both theoretical debate and concrete measures reflect pervasive assumptions and generalized arguments about the nature and content of collective and individual welfare, their preconditions, and their consequences.
Can Democracy Promote the General Welfare?
Authors: Buchanan James M.
Published: January 2009

To commence any answer to the question “Can democracy promote the general welfare?” requires attention to the meaning of “general welfare.” If this term is drained of all significance by being defined as “whatever the political decision process determines it to be,” then there is no content to the question. The meaning of the term can be restored only by classifying possible outcomes of democratic political processes into two sets – those that are general in application over all citizens and those that are discriminatory.
Citizenship and Social Policy: T. H. Marshall and Poverty
Authors: Mead Lawrence M.
Published: January 2009

T. H. Marshall, a British sociologist, gave a series of lectures in 1949 under the title “Citizenship and Social Class.” To many American intellectuals, his analysis still offers a persuasive account of the origins of the welfare state in the West. But Marshall spoke in the early postwar era, when the case for expanded social benefits seemed unassailable. Today's politics are more conservative. In every Western country the welfare state is under review. Yet Marshall's conception can still help define the issues in social policy and the way forward.
Identity Politics and the Welfare State
Authors: Wolfe Alan , Klausen Jytte
Published: January 2009

Motivated by a deep sense that injustice and inequality are wrong, liberals and reformers in the Western political tradition have focused their energies on policies and programs which seek inclusion: extending the suffrage to those without property; seeking to treat women the same as men, and blacks the same as whites; trying to ensure that as few as possible are excluded from economic opportunity due to lack of resources. Under current conditions, such demands for inclusion take two primary forms, especially in the United States. One is a commitment to using the state to equalize the life chances of individuals. The other is a call for treating groups which have experienced discrimination with full respect. The former leads to the welfare state, while the latter is produced by, and in turn produces, what is commonly called identity politics, the politics of recognition, or the politics of presence.
Why all Welfare States (Including Laissez-Faire Ones) Are Unreasonable
Authors: Gaus Gerald F.
Published: January 2009

Liberal political theory is all too familiar with the divide between classical and welfare-state liberals. Classical liberals, as we all know, insist on the importance of small government, negative liberty, and private property. Welfare-state liberals, on the other hand, although they too stress civil rights, tend to be sympathetic to “positive liberty,” are for a much more expansive government, and are often ambivalent about private property. Although I do not go so far as to entirely deny the usefulness of this familiar distinction, I think in many ways it is misleading. In an important sense, most free-market liberals are also “welfare-state” liberals. I say this because the overwhelming number of liberals, of both the pro-market and the pro-government variety, entertain a welfarist conception of political economy. On this dominant welfarist view, the ultimate justification of the politico-economic order is that it promotes human welfare. Traditional “welfare-state liberals” such as Robert E. Goodin manifestly adopt this welfarist conception. But it is certainly not only interventionists such as Goodin who insist that advancing welfare is the overriding goal of normative political economy. J. R. McCulloch, one of the great nineteenth-century laissez-faire political economists, was adamant that “freedom is not, as some appear to think, the end of government: the advancement of public prosperity and happiness is its end.” To be sure, McCulloch would have disagreed with Goodin about the optimal welfare-maximizing economic policy: the welfarist ideal, he and his fellow classical political economists believed, would best be advanced by provision of a legal and institutional framework — most importantly, the laws of property, contract, and the criminal code — that allows individuals to pursue their own interests in the market and, by so doing, promote public welfare. In general, what might be called the “classical-liberal welfare state” claims to advance welfare by providing the framework for individuals to seek wealth for themselves, while welfarists such as Goodin insist that a market order is seriously flawed as a mechanism for advancing human welfare and, in addition, that government has the competency to “correct market failures” in the provision of welfare.
Measuring Opportunity: Toward a Contractarian Measure of Individual Interest
Authors: Sugden Robert
Published: January 2009

Liberals have often been attracted by contractarian modes of argument— and with good reason. Any system of social organization requires that some constraints be imposed on individuals' freedom of action; it is a central problem for any liberal political theory to show which constraints can be justified, and which cannot. A contractarian justification works by showing that the constraints in question can be understood as if they were the product of an agreement, voluntarily entered into by every member of society. Thus, no one is required to give up his freedom for someone else's benefit, or in the pursuit of someone else's conception of the social good.
Deontic Restrictions Are Not Agent-Relative Restrictions
Authors: Mack Eric
Published: January 2009

The primary purpose of this essay is to offer a critique of a particular program within moral and political philosophy. This program can be stated quite succinctly. It is to account for agents' being subject todeontic restrictionson the basis of their possession ofagent-relative reasonsfor acting in accordance with those restrictions. Needless to say, the statement of this program requires some further explication. Specifically, two claims require explanation: (1) the reasons individuals have for or against engaging in particular actions are, at least to a very significant extent,agent-relativerather thanagent-neutral;and (2) agents' conduct toward others is subject todeontic restrictions. Finally, (3) I need to explain why an agent's possession of agent-relative reasons for performing or refraining from certain actions may be thought to explain that agent's being subject to certain deontic restrictions.
The Dual Role of Property Rights in Protecting Broadcast Speech
Authors: Hazlett Thomas W.
Published: January 2009

The connection between property rights and free-speech rights has most often surfaced in conflicts between the two. In his classic formulation of the problem, journalist A. J. Liebling mocked the First Amendment's free-press clause by noting that ownership of a printing press was required in order to actually enjoy the constitutional protection. In an important case decided in 1980,Pruneyard Shopping Center v. Robins, the U.S. Supreme Court ruled that a group wishing to circulate political petitions at a shopping center had a constitutional right to do so. There the Court found that such governmentally enforced access to private property did “not amount to an unconstitutional infringement of [the shopping center owners'] property rights under the Taking Clause of the Fifth Amendment….”
Profit: The Concept and Its Moral Features
Authors: Child James W.
Published: January 2009

Profit is a concept that both causes and manifests deep conflict and division. It is not merely that people disagree over whether it is good or bad. The very meaning of the concept and its role in competing theories necessitates the deepest possible disagreement; people cannot agreeon what profit is. Still, simply learning the starkly different sentiments expressed about profit gives us some feel for the depth of the conflict. Friends of capitalism have praised profit as central to the achievement of prosperity and to civilized modern life. Calvin Coolidge, that silent sentinel of American business, said, “Profit and civilization go hand in hand.” F. A. Hayek tells us that

in the evolution of the structure of human activities, profitability works as a signal that guides selection towards what makes man more fruitful; only what is more profitable will, as a rule, nourish more people, for it sacrifices less than it adds.
Toward a Libertarian Theory of Class
Authors: Long Roderick T.
Published: January 2009

Libertarianism needs a theory of class.

This claim may meet with resistance among some libertarians. A few will say: “The analysis of society in terms of classes and class struggles is a specifically Marxist approach, resting on assumptions that libertarians reject. Why should we care about class?” A greater number will say: “We recognize that class theory is important, but libertarianism doesn't need such a theory, because it already has a perfectly good one.”
Libertarianism as if (The Other 99 Percent of) People Mattered
Authors: Lomasky Loren E.
Published: January 2009

In this essay I wish to consider the implications for theory and practice of the following two propositions, either or both of which may be controversial, but which will here be assumed for the sake of argument:

(L) Libertarianism is the correct framework for political morality.

(M) The vast majority of our fellow citizens disbelieve (L).1
On the Failure of Libertarianism to Capture the Popular Imagination
Authors: Macey Jonathan R.
Published: January 2009

In this essay, I identify the reasons that libertarian principles have failed to capture the popular imagination as an acceptable form of civil society. By the term “libertarian” I mean a belief in and commitment to a set of methods and policies that have as their common aim greater freedom under law for individuals. The term “freedom” in this context means not only a commitment to civil liberties, such as freedom of expression, but also to economic liberties, including a commitment to a laissez-faire policy of free enterprise and free trade between countries. Libertarians, therefore, are committed to the absolute minimum state intervention in the economy as well as in people's private lives. In a world constrained by these libertarian principles, people should be permitted to do as they please, constrained only by rules that prevent them from encroaching on the liberty of others.
The Right to Privacy
Authors: Weinreb Lloyd L.
Published: January 2009

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right.
Privacy, Control, and Talk of Rights
Authors: Frey R. G.
Published: January 2009

An alleged moral right to informational privacy assumes that we should have control over information about ourselves. What is the philosophical justification for this control? I think that one prevalent answer to this question—an answer that has to do with the justification of negative rights generally—will not do.
Privacy as a Matter of Taste and Right
Authors: Rosenberg Alexander
Published: January 2009

Privacy is something we all want. We seek privacy to prevent others from securing information about us that is immediately embarrassing, and so causes us pain but not material loss. We also value privacy for strategic reasons in order to prevent others from imposing material and perhaps psychic costs upon us. I use the expression “securing information” so that it covers everything from the immediate sensory data that a voyeur acquires to the financial data a rival may acquire about our businesses. In the degenerate case of the Peeping Tom's invasion of our privacy, suffering is caused just by the voyeur's having acquired the information, even if nothing is ever done with it beyond the voyeur's recalling it from time to time. In all other cases, privacy prevents others from imposing costs or harms on us in ways that require that they secure information about us.
Egalitarian Justice versus the Right to Privacy?
Authors: Arneson Richard J.
Published: January 2009

In their celebrated essay “The Right to Privacy,” legal scholars Samuel Warren and Louis Brandeis identified as the generic privacy value “the right to be let alone.” This same phrase occurs in Justice Brandeis's dissent inOlmstead v. U.S.(1927). This characterization of privacy has been found objectionable by philosophers acting as conceptual police. For example, moral philosopher William Parent asserts that one can wrongfully fail to let another person alone in all sorts of ways—such as assault—that intuitively do not qualify as violations of privacy and thus cannot be violations of the right to privacy.
Privacy and Limited Democracy: The Moral Centrality of Persons
Authors: Engelhardt H. Tristram
Published: January 2009

Of all the moral concerns regarding privacy in its various meanings, this essay selects only one: the right to be left alone by others, in particular, by government. Because moral controversies in pluralist societies tend to be interminable, and surely controversies regarding privacy are no exception, I approach the right to privacy in terms of the centrality of persons. When there are foundational disputes about which content-full moral view should govern, it is not possible to resolve such controversies without begging the question or conceding at the outset crucial moral premises. This observation is not to affirm a moral skepticism or relativism. At worst, it involves an epistemic skepticism, a skepticism about the possibility of resolving controversies by sound rational argument without begging the question or engaging in an infinite regress.
The Priority of Privacy for Medical Information
Authors: DeCew Judith Wagner
Published: January 2009

Individuals care about and guard their privacy intensely in many areas. With respect to patient medical records, people are exceedingly concerned about privacy protection, because they recognize that health care generates the most sensitive sorts of personal information. In an age of advancing technology, with the switch from paper medical files to massive computer databases, privacy protection for medical information poses a dramatic challenge. Given high-speed computers and Internet capabilities, as well as other advanced communications technologies, the potential for abuse is much greater than ever before. At every stage in the process of collection and storage, dangers can arise, including entry errors, improper access, exploitation, and unauthorized disclosure. Secondary use and aggregation of data are all far easier, faster, and less expensive, and thus pose additional threats to an individual's control over the disposition of medical information.
The Right to Privacy and the Right to Die
Authors: Beauchamp Tom L.
Published: January 2009

Western ethics and law have been slow to come to conclusions about the right to choose the time and manner of one's death. However, policies, practices, and legal precedents have evolved quickly in the last quarter of the twentieth century, from the forgoing of respirators to the use of Do Not Resuscitate (DNR) orders, to the forgoing of all medical technologies (including hydration and nutrition), and now, in one U.S. state, to legalized physician-assisted suicide. The sweep of history—from the Quinlan case in New Jersey to legislation in Oregon that allows physician-assisted suicide—has been as rapid as it has been revolutionary.
The Three Faces of Flourishing
Authors: Hurka Thomas
Published: January 2009

To my knowledge, the term “flourishing” was introduced into contemporary philosophy in Elizabeth Anscombe's 1958 article “Modern Moral Philosophy.” In this article and in much of the writing subsequent to it, the concept of flourishing seems to have three principal facets, or to be associated with three philosophical views.
Valuing Activity
Authors: Darwall Stephen
Published: January 2009

Call the proposition that the good life consists of excellent (or virtuous), distinctively human activity theAristotelian Thesis. I think of a photograph I clipped from theNew York Timesas vividly depicting this claim. It shows a pianist, David Golub, accompanying two vocalists, Victoria Livengood and Erie Mills, at a tribute for Marilyn Home. All three artists are in fine form, exercising themselves at the height of their powers. The reason I saved the photo, however, is Mr. Golub's face. He is positively grinning, as if saying to himself, “And theypayme to do this?”
Ancient Perfectionism and its Modern Critics
Authors: Anagnostopoulos Georgios
Published: January 2009

The idea of flourishing has enjoyed a comeback in recent ethical theory, both from a historical and a systematic perspective. From a historical perspective, one finds a number of studies by scholars of ancient philosophy aiming to elucidate and defend the notion of flourishing; from a systematic perspective, the work of Thomas Hurka and Amartya Sen has contributed much toward the rehabilitation of the notion in contemporary ethical theory and discussion.
Eudaimonism, Love and Friendship, and Political Community
Authors: Brink David O.
Published: January 2009

It is common to regard love, friendship, and other associational ties to others as an important part of a happy or flourishing life. This would be easy enough to understand if we focused on friendships based on pleasure, or associations, such as business partnerships, predicated on mutual advantage. For then we could understand in a straightforward way how these interpersonal relationships would be valuable for someone involved in such relationships just insofar as they caused her pleasure or causally promoted her own independent interests. But many who regard love, friendship, and other associational ties as an important part of a happy or flourishing life suppose that in many sorts of associations—especially intimate associations—the proper attitude among associates is concern for the other for the other's own sake, not just for the pleasure or benefits one can extract from one's associates. It is fairly clear how having friends of this sort is beneficial. What is less clear is how being a friend of this sort might contribute to one's own happiness or well-being. Even if we can explain this, it looks as if the contribution that friendship makes to one's happiness could not be the reason one has to care for friends, for that would seem to make one's concern for others instrumental, not a concern for the other for her own sake.
No Families, No Freedom: Human Flourishing in a Free Society
Authors: Morse Jennifer Roback
Published: January 2009

This essay has one simple theme: the family does a very important job that no other institution can do. What is that job? Inside a family, helpless babies are transformed from being self-centered bundles of impulses, desires, and emotions to being adult people capable of social behavior of all kinds. Why is this job important? The family teaches the ability to trust, cooperate, and self-restrain. Neither the free market nor selfgoverning political institutions can survive unless the vast majority of the population possesses these skills. Why is the family uniquely situated to teach these skills and the values that go with them? People develop these qualities in their children as a side effect of loving them. What does this have to do with a free society? Contracts and free political institutions, the foundational structures of a free society, require these attributes that only families can inculcate. Without loving families, no society can long govern itself, for the family teaches the skills of individual self-governance.
Politics, Neutrality, and the Good
Authors: Kraut Richard
Published: January 2009

A large number of prominent philosophers have in recent years advocated the thesis that the modern nation-state should adopt a stance of neutrality toward questions about the nature of the human good. The government, according to this way of thinking, has two proper goals, neither of which require it to make assumptions about what the constituents of a flourishing life are. First, the state must protect people against the invasion of their rights and uphold those principles of justice without which there can be no stable and lasting social order. This goal is accomplished through a guarantee of basic civil liberties and the enforcement of a criminal code that prohibits murder, theft, fraud, and other widely recognized harms. Second, the state should promote the general welfare of the citizens by providing them with or helping them acquire the resources they need in order to lead lives of their own choosing. There are certain all-purpose means that people need in order to accomplish their goals—money, health, opportunities for employment—and it is legitimate for the state to pursue policies that enable citizens to acquire these goods. It may build roads, raise an army, regulate the economy, insure standards of safety, and supervise any other projects that give people the basic wherewithal they need to pursue their own ends.
Negligence
Authors: Simons Kenneth W.
Published: January 2009

Faced with the choice between creating a risk of harm and taking a precaution against that risk, should I take the precaution? Does the proper analysis of this trade-off require a maximizing, utilitarian approach? If not, how does one properly analyze the trade-off?

These questions are important, for we often are uncertain about the effects of our actions. Accordingly, we often must consider whether our actions create an unreasonable risk of injury — that is, whether our actions are negligent.
Responsibility and Consent: The Libertarian's Problems with Freedom of Contract
Authors: Katz Leo
Published: January 2009

Libertarians believe certain things about rights and responsibilities, about when one person is to be held responsible for invading the rights of another. Libertarians also believe certain things about consent, about when someone should be held to a contract he has entered into. What they don't realize is that the first set of beliefs doesn't mix well with the second set of beliefs—that their intuitions about rights and responsibilities quite simply don't square with their intuitions about consent. Or so I shall be trying to show in this essay.
On Responsibility in Science and Law
Authors: Staddon John
Published: January 2009

Respon'sible,liable to be called to account or render satisfaction: answerable: capable of discharging duty: able to pay. The old Chambers's dictionary gives a behavioristic view of responsibility: in terms of action, not thought or belief. “Lust in the heart” is not equated to lustin flagrante. It is this view I shall explore in this essay, rather than the more subjective notion ofmoralresponsibility, as in, “I feel moral responsibility (i.e.,guilt) for not doing anything to save the Tutsis [Hutus, ethnic Albanians, etc.].” My presumption is that responsibility implies capability: you cannot be held responsible for something over which you have no control (Hutus, ethnic Albanians, etc.). There is obviously uncertainty in some cases—where control is less than total, where the degree of potential control depends on our own efforts, where we cannot know if we have control until we try to exert it, etc. The relation between responsibility and degree of control is a separate topic which I shall not treat here.
Responsibility and the Abuse Excuse
Authors: Stocker Michael
Published: January 2009

Does a woman's being repeatedly battered by her husband excuse her killing him while he was asleep? This and similar questions are often dealt with by asking a more general question, “Should we acceptabuse excuses?” These questions engender a lot of heat, but little light, in the media and other public forums, and even in the writings of many theorists. They have been discussed as if there is a typical abuse excuse we can examine in order to examine abuse excuses in general. Similarly, the question of whether we should accept abuse excuses has often been discussed as if it is simple and straightforward. But there is no one typical abuse excuse, and the question of whether to accept such excuses is neither simple nor straightforward. There are many different abuse excuses, many different circumstances in which they are deployed, and many different sorts of concerns motivating their use. In this, abuse excuses are just like other, well-accepted excuses, such as self-defense.
Institutionally Divided Moral Responsibility
Authors: Richardson Henry S.
Published: January 2009

I am going to be discussing a mode of moral responsibility that anglophone philosophers have largely neglected. It is a type of responsibility that looks to the future rather than the past. Because this forward-looking moral responsibility is relatively unfamiliar in the lexicon of analytic philosophy, many of my locutions will initially strike many readers as odd. As a matter of everyday speech, however, the notion of forward-looking moral responsibility is perfectly familiar. Today, for instance, I said I would be responsible for watching my nieces while they swam. Neglecting this responsibility would have been a moral fault. When people marry, they undertake responsibilities, of moral import, of fidelity and mutual support. When people have children, they accrue moral responsibilities to feed, rear, and educate them. Not all forward-looking responsibilities are moral. While finishing this essay, I have had to keep an eye on a number of my administrative responsibilities, and, while reading it, you may well be occasionally distracted by some of your own. The notion of a responsibility that we accrue or take on, to look out for some range of concerns over some range of the future, is, then, perfectly familiar. Because this common notion of forward-looking responsibility has not been integrated into recent moral theory, however, my philosophical discussion of it will initially seem strange.
Fate, Fatalism, and Agency in Stoicism
Authors: Meyer Susan Sauvé
Published: January 2009

A perennial subject of dispute in the Western philosophical tradition is whether human agents can be responsible for their actions even if determinism is true. By determinism, I mean the view that everything that happens (human actions, choices, and deliberations included) is completely determined by antecedent causes. One of the least impressive objections that is leveled against determinism confuses determinism with a very different view that has come to be known as “fatalism”: this is the view that everything is determined to happen independently of human choices, efforts, and deliberations. It is a common fallacy, among students contemplating the implications of determinism for the first time, to argue: “But if everything is determined in advance, then it doesn't matter what we decide to do; what is determined to happen will happen no matter what.” This argument fallaciously infers fatalism from determinism.
Ultimate Responsibility and Dumb Luck
Authors: Mele Alfred R.
Published: January 2009

My topic lies on conceptual terrain that is quite familiar to philosophers. For others, a bit of background may be in order. In light of what has filtered down from quantum mechanics, few philosophers today believe that the universe is causally deterministic (or “deterministic,” for short). That is, to use Peter van Inwagen's succinct definition of “determinism,” few philosophers believe that “there is at any instant exactly one physically possible future.” Even so, partly for obvious historical reasons, philosophers continue to argue about whether free will and moral responsibility are compatible with determinism. Compatibilists argue for compatibility, and incompatibilists argue against it. Some incompatibilists maintain that free will and moral responsibility are illusions. But most are libertarians, libertarianism being the conjunction of incompatibilism and the thesis that at least some human beings are possessed of free will and moral responsibility.
Taking Responsibility for our Emotions
Authors: Sherman Nancy
Published: January 2009

We often hold people morally responsible for their emotions. We praise individuals for their compassion, think less of them for their ingratitude or hatred, reproach self-righteousness and unjust anger. In the cases I have in mind, the ascriptions of responsibility are not simply for offensive behaviors or actions which may accompany the emotions, but for the emotions themselves as motives or states of mind. We praise and blame people for what they feel and not just for how they act. In cases where people may subtly mask their hatred or ingratitude through more kindly actions, we still may find fault with the attitude we see leaking through the disguise.
Is there a Duty to Vote?
Authors: Lomasky Loren E. , Brennan Geoffrey
Published: January 2009

The genre of public service advertisements that appear with two- and four-year cyclical regularity is familiar. Cameras pan across scenes of marines hoisting the flag on Iwo Jima, a bald eagle soaring in splendid flight, rows of grave markers at Arlington. The somber-voiced announcer remonstrates: “They did their part; now you do yours.” Once again it is the season to fulfill one's civic duty, to vote.
Postmodern Liberalism and the Expressive Function of Law
Authors: Arnold N. Scott
Published: January 2009

In 1992, the city of Boulder, Colorado, passed an ordinance forbidding discrimination against homosexuals in employment and housing. Two years later, voters in the state of Colorado passed a constitutional amendment forbidding the passage of local ordinances prohibiting this form of discrimination. The constitutional amendment did not mandate discrimination against homosexuals; it merely nullified ordinances such as Boulder's. The amendment was later struck down by the U.S. Supreme Court as unconstitutional.
Why Deliberative Democracy is Different
Authors: Gutmann Amy , Thompson Dennis
Published: January 2009

In modern pluralist societies, political disagreement often reflects moral disagreement, as citizens with conflicting perspectives on fundamental values debate the laws that govern their public life. Any satisfactory theory of democracy must provide a way of dealing with this moral disagreement. A fundamental problem confronting all democratic theorists is to find a morally justifiable way of making binding collective decisions in the face of continuing moral conflict.
Capitalist Persons
Authors: Levine Andrew
Published: January 2009

In what follows, “persons” are ideal-typical concepts of human beings, deployed expressly or supposed implicitly in particular theoretical contexts. Thus, the person of Kantian moral philosophy is a pure bearer of moral predicates, bereft of all properties that empirically distinguish human beings from one another: properties that, in Kant's view, are irrelevant to moral deliberation. No man or woman, actual or possible, could be so starkly featureless. But Kant's aim was not to describe human beings in actual or possible deliberations, but moral agency as such. Similarly, homo oeconomicus, economic man, is not a composite man or woman, but also a person, a theoretical construct introduced for explanatory purposes in models of economic behavior. My aim is to investigate capitalist persons: ideal-typical concepts of human beings deployed in justifying theories of capitalist property relations.

I shall identify two capitalist persons, and impugn one of them. To situate my position historically, I call the impugned person Lockean, and the other Kantian. It is tempting to designate the Lockean person “the capitalist person.” However, this characterization would be misleading. Justifying theories of capitalism can employ either concept, and both can serve in accounts of socialist economies. Nevertheless, the Lockean person is tendentially procapitalist while the Kantian person is not.

What follows is therefore relevant to the broader capitalism/socialism debate. To fault the Lockean person is not quite to fault capitalism itself. But a case against the Lockean person, if successful, would undermine an important strain of procapitalist argument. More importantly, the considerations I will adduce suggest a way of thinking about distributive justice and, ultimately, an ideal of equality that socialism, but not capitalism, can in principle accommodate.