bluuebunny/crossref_metadata_2025 huggingface dataset:
Capitalism and Self-Ownership
Authors: Kernohan Andrew
Published: January 2009

From the standpoint of libertarian ideology, capitalism is a form of liberation. In contrast to the slave, whose productive powers are wholly owned by his master, and the serf, whose productive powers are partially owned by his lord, the worker under capitalism is presented as possessing the fullest possible self-ownership. That capitalism fosters self-ownership is a false and stultifying myth. Exposing its errors from within capitalism's own conceptual framework requires a careful analysis of the concept of a person's “ownership” bodh of his or her productive powers and of the means of exercising these productive powers. This analysis will show that, in certain plausible circumstances, the capitalist economic system can make full self-ownership impossible. Since capitalism's supposed nurturing of self-ownership provides one of the major justifications for its moral legitimacy, capitalist ideology has a serious internal inconsistency.
Against Cohen On Proletarian Unfreedom
Authors: Gray John
Published: January 2009

In a series of important papers, G.A. Cohen has developed a forceful argument for the claim that workers are rendered unfree by capitalist institutions. His argument poses a powerful challenge to those (such as myself) who think that capitalist institutions best promote freedom. Yet, formidable as it is, Cohen's argument can be shown to be flawed at several crucial points. It is not one argument, but three at least, and one of the goals of my criticism of Cohen on this question is to distinguish and assess the various separate lines of reasoning that together make up his case for the unfreedom under capitalism of workers as a class. Cohen argues of workers that they are rendered unfree by the institution of private property on which the capitalist system depends, that they suffer a form of collective unfreedom under capitalism, and that they are forced to sell their labor power under capitalism.
Capitalism, Citizenship and Community
Authors: Macedo Stephen
Published: January 2009

The authors ofHabits of the Heart(Robert N. Bellah, Richard Madsen, William M. Sullivan, Ann Swindler, and Steven M. Tipton; hereafter, simply Bellah) charge that America is losing the institutions that help “to create the kind of person who could sustain a connection to a wider political community and thus ultimately support the maintenance of free institutions.” Bellah fears that “individualism may have grown cancerous – that it may be destroying those social integuments that Tocqueville saw as moderating its more destructive potentials, that it may be threatening the survival of freedom itself.”

Proponents of the liberal free market order should, I will argue, take seriously the concerns that motivate Bellah and company: citizens of a liberal regime cannot live by exchanges alone. Liberal constitutionalism depends upon a certain level and quality of citizen virtue. But while the need for virtue is often neglected by liberal theorists, it is far from clear that the actual workings of liberal institutions have drastically undermined virtue in the way Bellah's dire account suggests. That analysis serves, moreover, as the springboard for a radically transformist argument that seeks, not so much to elevate and shape, but to transcend and deny, the self-interestedness that the free market exercises. Having argued against Bellah's analysis and prescriptions, I shall attempt to show how the phenomena he describes are open to an interpretation that is happier from the point of view of a concern with virtue. I shall end by using Tocqueville to suggest that combining liberal capitalism with intermediate associations like voluntary groups and state and local government helps elevate and shape self-interest, promoting a citizenry capable of and insistent upon liberal self-government.
The Dynamic of Capitalist Growth
Authors: Flew Antony
Published: January 2009

It has often been remarked that the most eloquent tribute ever paid to the incomparable effectiveness of capitalist social arrangements as means for achieving economic growth was that of the Communist Manifesto. Yet it is rather rare to notice that neither Marx nor Engels, either there or elsewhere, either asks or attempts to give an answer to a question which, to anyone proposing to revolutionize these arrangements, ought to have appeared crucial: namely, “What was the secret, and how shall we ensure that, under our proposed alternative arrangements, that secret is not lost?”
Capitalism and Socialism: How Can they be Compared?
Authors: Rutland Peter
Published: January 2009

How is one to set about the task of comparing capitalism and socialism in a systematic fashion? The contest between capitalism and socialism has many facets. It is both an intellectual debate about the relative merits of models of hypothetical social systems and a real and substantive historical struggle between two groups of states seen as representing capitalism and socialism. Perhaps the intellectual challenge to capitalism thrown down by Marxist thinkers and the “cold war” contest between the U.S.A. and U.S.S.R. are such diverse phenomena that it is pointless and even misleading to try to treat them as part of a single problem. However, I believe that the dieoretical and historical aspects of the capitalism/socialism issue are directly related. I would argue that a full understanding of, say, the cold war is not possible without understanding the socialist critique of capitalism – and that a purely abstract comparison of capitalist and socialist models would fail to do justice to the historical and empirical essence of these two grand conceptual schemas.

In Section I, I expand upon these arguments, seeking to convince Utopian socialists that they should not continue to rely upon invocations of a hypothetical future, but must come up with some empirical examples of what socialism is and how it works. After all, it is more than a hundred years since Marx and Engels railed against Utopian socialists in favor of socialist arguments based on empirical reality. This is not to say that Marx and Engels were crude empiricists, accepting “facts” at face value.
Thinking about Cases
Authors: Kagan Shelly
Published: January 2009

Anyone who reflects on the way we go about arguing for or against moral claims is likely to be struck by the central importance we give to thinking about cases. Intuitive reactions to cases—real or imagined—are carefully noted, and then appealed to as providing reason to accept (or reject) various claims. When trying on a general moral theory for size, for example, we typically get a feel for its overall plausibility by considering its implications in a range of cases. Similarly, when we try to refine the statement of a principle meant to cover a fairly specific part of morality, we guide ourselves by testing the various possible revisions against a carefully constructed set of cases (often differing only in rather subtle ways). And when arguing against a claim, we take ourselves to have shown something significant if we can find an intuitively compelling counterexample, and such counterexamples almost always take the form of a description of one or another case where the implications of the claim in question seem implausible. Even when we find ourselves faced with a case where we have no immediate and clear reaction, or where we have such a reaction, but others don't share it and we need to persuade them, in what is probably the most common way of trying to make progress we consider various analogies and disanalogies; that is to say, we appeal to still other cases, and by seeing what we want to say there, we discover (or confirm) what it is plausible to say in the original case. In these and other ways, then, the appeal to cases plays a central and ubiquitous role in our moral thinking.
But I Could Be Wrong
Authors: Sher George
Published: January 2009

My aim in this essay is to explore the implications of the fact that even our most deeply held moral beliefs have been profoundly affected by our upbringing and experience—that if any of us had had a sufficiently different upbringing and set of experiences, he almost certainly would now have a very different set of moral beliefs and very different habits of moral judgment. This fact, together with the associated proliferation of incompatible moral doctrines, is sometimes invoked in support of liberal policies of toleration and restraint, but the relevance of these considerations to individual moral deliberation has received less attention. In Sections II through V, I shall argue that this combination of contingency and controversy poses a serious challenge to the authority of our moral judgments. In Section VI, I shall explore a promising way of responding to this challenge.
Moral Facts and Best Explanations
Authors: Leiter Brian
Published: January 2009

Do moral properties figure in the best explanatory account of the world? According to a popular realist argument, if they do, then they earn their ontological rights, for only properties that figure in the best explanation of experience arerealproperties. Although this realist strategy has been widely influential—not just in metaethics, but also in philosophy of mind and philosophy of science—no one has actually made the case that moral realism requires: namely, that moral facts really will figure in the best explanatory picture of the world. This issue may have been neglected in part because the influential dialectic on moral explanations between philosophers Gilbert Harman and Nicholas Sturgeon has focused debate on whether moral facts figure inrelevantexplanations. Yet as others have noted, explanatory relevance isirrelevantwhen it comes to realism: after all, according to the popular realist argument, it is inference to the best explanation of experience that is supposed to confer ontological rights. I propose to ask, then, the relevant question about moral explanations: should we think that moral properties will figure in the best explanatory account of the world?
Two Sources of Morality
Authors: Pettit Philip
Published: January 2009

This essay emerges from consideration of a question in the epistemology of ethics or morality. This is not the common claim-centered question as to how moral claims are confirmed and whether their mode of confirmation gives us grounds to be confident about the prospects for ethical discourse. Instead, I am concerned with the less frequently posed concept-centered question of where in human experience moral terms or concepts are grounded — that is, where in experience the moral becomes salient to us. This question was central to moral epistemology in the form it took among thinkers such as Locke, Hume, and Kant, and it remains of the first importance today.
Realism, Naturalism, and Moral Semantics
Authors: Brink David O.
Published: January 2009

The prospects for moral realism and ethical naturalism have been important parts of recent debates within metaethics. As a first approximation,moral realismis the claim that there are facts or truths about moral matters that are objective in the sense that they obtain independently of the moral beliefs or attitudes of appraisers.Ethical naturalismis the claim that moral properties of people, actions, and institutions are natural, rather than occult or supernatural, features of the world. Though these metaethical debates remain unsettled, several people, myself included, have tried to defend the plausibility of both moral realism and ethical naturalism. I, among others, have appealed to recent work in the philosophy of language—in particular, to so-called theories of “direct reference” —to defend ethical naturalism against a variety of semantic worries, including G. E. Moore's “open question argument.” In response to these arguments, critics have expressed doubts about the compatibility of moral realism and direct reference. In this essay, I explain these doubts, and then sketch the beginnings of an answer—but understanding both the doubts and my answer requires some intellectual background.
Incomplete Routes to Moral Objectivity: Four Variants of Naturalism
Authors: Sidorsky David
Published: January 2009

The search for moral objectivity has been constant throughout the history of philosophy, although interpretations of the nature and scope of objectivity have varied. One aim of the pursuit of moral objectivity has been the demonstration of what may be termed its epistemological thesis, that is, the claim that the truth of assertions of the goodness or rightness of moral acts is as legitimate, reliable, or valid as the truth of assertions involving other forms of human knowledge, such as common sense, practical expertise, science, or mathematics. Another aim of the quest for moral objectivity may be termed its pragmatic formulation; this refers to the development of a method or procedure that will mediate among conflicting moral views in order to realize a convergence or justified agreement about warranted or true moral conclusions. In the ethical theories of Aristotle, David Hume, and John Dewey, theories that represent three of the four variants of ethical naturalism (defined below) that are surveyed in this essay, the epistemological thesis and the pragmatic formulation are integrated or combined. The distinction between these two elements is significant for the present essay, however, since I want to show that linguistic naturalism, the fourth variant I shall examine, has provided a demonstration of the epistemological thesis about moral knowledge, even if the pragmatic formulation has not been successfully realized.
Practical Reason and Moral Psychology in Aristotle and Kant
Authors: Murphy James Bernard
Published: January 2009

For a long time, it seemed that Aristotelians and Kantians had little to say to each other. When Kant the moralist was known in the English-speaking world primarily from hisGroundworkand hisCritique of Practical Reason, Kant's conceptual vocabulary of “duty,” “law,” “maxim,” and “morality” appeared quite foreign to Aristotle's “virtue,” “end,” “good,” and “character.” Yet ever since philosopher Mary Gregor'sLaws of Freedom, published in 1963, made Kant'sThe Metaphysics of Moralscentral to the interpretation of his ethical thought, it has become clear that such “Aristotelian” terms as virtue, end, good, happiness, and character are also central to Kant. Aristotelians and Kantians now see that they have plenty to say to each other, and they have gone from being adversaries to sharing a sometimes unprincipled urge to merge central aspects of Aristotle's and Kant's ethical thought.
Hypothetical Consent in Kantian Constructivism
Authors: Hill Thomas E.
Published: January 2009

Epistemology, as I understand it, is a branch of philosophy especially concerned with general questions about how we can know various things or at least justify our beliefs about them. It questions what counts as evidence and what are reasonable sources of doubt. Traditionally, episte-mology focuses on pervasive and apparently basic assumptions covering a wide range of claims to knowledge or justified belief rather than very specific, practical puzzles. For example, traditional epistemologists ask “How do we know there are material objects?” and not “How do you know which are the female beetles?” Similarly,moralepistemology, as I understand it, is concerned with general questions about how we can know or justify our beliefs about moral matters. Its focus, again, is on quite general, pervasive, and apparently basic assumptions about what counts as evidence, what are reasonable sources of doubt, and what are the appropriate procedures for justifying particular moral claims.
Mill's “Proof” of the Principle of Utility: A More than Half-Hearted Defense
Authors: Sayre-McCord Geoffrey
Published: January 2009

How many serious mistakes can a brilliant philosopher make in a single paragraph? Many think that Mill answers this question by example—in the third paragraph of Chapter IV of Utilitarianism. Here is the notorious paragraph:

The only proof capable of being given that an object is visible, is that people actually see it. The only proof that a sound is audible, is that people hear it: and so of the other sources of our experience. In like manner, I apprehend, the sole evidence it is possible to produce that anything is desirable, is that people do actually desire it. If the end which the utilitarian doctrine proposes to itself were not, in theory and in practice, acknowledged to be an end, nothing could ever convince any person that it was so. No reason can be given why the general happiness is desirable, except that each person, so far as he believes it to be attainable, desires his own happiness. This, however, being a fact, we have not only all the proof which the case admits of, but all which it is possible to require, that happiness is a good: that each person's happiness is a good to that person, and the general happiness, therefore, a good to the aggregate of all persons. Happiness has made out its title as one of the ends of conduct, and consequently one of the criteria of morality.
Ethics, Character, and Action
Authors: Sher George
Published: January 2009

According to one long-standing tradition, the organizing question of ethics is “What are we morally obligated to do?” However, many philosophers, inspired by an even older tradition, now urge a return to the question “What kind of person is it best to be?” According to these philosophers, the proper locus of evaluation is character rather than action, and the basic evaluative concept is virtue rather than duty. Following what has become common usage, I shall refer to the first approach as “duty ethics” and to the second as “virtue ethics.”
Virtue and Eudaimonism
Authors: Annas Julia
Published: January 2009

The two most important and central concepts in ancient ethical theory are those of virtue (aretē) and happiness (eudaimonia). This is well-known by now, as is the way that many scholars and philosophers have in recent years investigated the structure of ancient ethical theories, at least partly in the hope that this would help us in our modern ethical thinking by introducing us to developed theories which escape the problems that have led to so much frustration with deontological and consequentialist approaches. And there has indeed been considerable interest in developing modern forms of ethics which draw inspiration, to a greater or lesser extent, from the ancient theories. However, there is an asymmetry here. Modern theories which take their inspiration from Aristotle and other ancient theorists are standardly called virtue ethics, not happiness ethics. We have rediscovered the appeal of aretē, but eudaimonia is still, it appears, problematic for us. This has an important consequence for us, for in ancient theories virtue is not discussed in isolation; it is seen as part of a larger structure in which the overarching concept is happiness. If we focus on virtue alone and ignore its relation to happiness, we are missing a large part of the interest that study of the ancient theories can offer.
A Liberal Theory of Civic Virtue
Authors: Audi Robert
Published: January 2009

A democratic society cannot flourish if its citizens merely pursue their own narrow interests. If it is to do more than survive, at least a substantial proportion of its citizens must fulfill responsibilities that go beyond simply avoiding the violation of others' rights and occasionally casting a vote. The vitality and success of a democracy requires that many citizens — ideally all of them — contribute something to their communities and participate responsibly in the political process. The disposition to do these things is a large part of what constitutes civic virtue. But that virtue encompasses considerably more. My task here is to explore civic virtue. I first outline a conception of virtue in general and, with that set out, pursue the question of what makes a virtue civic. My special concern is to articulate what constitutes civic virtue in relation to an enduring problem for democratic societies and especially for the pluralistic democracies of the Western world: how to determine what constitutes a proper relation between religion and politics and, in the lives of religious citizens having civic virtue, an appropriate balance between religious and secular considerations.
The Justice of Caring
Authors: Slote Michael
Published: January 2009

Carol Gilligan'sIn a Different Voice, which appeared in 1982, argued that men tend to conceive morality in terms of rights, justice, and autonomy, whereas women more frequently think in terms of caring, responsibility, and interrelation with others. At about the same time, Nel Noddings inCaring: A Feminine Approach to Ethics and Moral Educationsought to articulate and defend in its own right a “feminine” morality centered specifically around the ideal of caring (for people one knows). Since then, there has been a heated debate about the reality of the distinction Gilligan drew and about its potential implications for ethical theory. Discussions of the morality of caring have questioned, in particular, whether any such morality can really provide a total framework for moral thought and action. For in order to deal with our obligations to people we are not acquainted with and address large-scale issues of social morality, any morality of caring seems to require supplementation by typically “masculine” thinking in terms of rights and justice, with the result that caring turns out to be but one part of morality, rather than anything women, or more enlightened men, could find attractive as a total and self-sufficient way of approaching ethical issues.
Virtue, Knowledge, and Wickedness
Authors: Milo Ronald D.
Published: January 2009

Is it possible for a person to understand that what he proposes to do is morally wrong and yet prefer to do it nonetheless? I shall argue that wickedness consists in a defect of character that results in one's often having just such preferences. Yet many philosophers think that wickedness so conceived is impossible, because, for them, having such a preference is incompatible with believing, or at least knowing, that the act would be wrong.
The Moral Standing of the Market
Authors: Sen Amartya
Published: January 2009

How valuable is the market mechanism for practical morality? What is its moral standing? We can scarcely doubt that as individuals we do value tremendously the opportunity of using markets. Indeed, without access to markets most of us would perish, since we don't typically produce the things that we need to survive. If we could somehow survive without using markets at all, our quality of life would be rather abysmal. It is natural to feel that an institution that is so crucial to our well-beingmust bevaluable. And since moral evaluation can hardly be indifferent to our interests and their fulfillment, it might appear that there is nothing much to discuss here. The market's moral standing “has to be” high.
Bargaining and Justice
Authors: Gauthier David
Published: January 2009

My concern in this paper is with the illumination that the theory of rational bargaining sheds on the formulation of principles of justice. I shall first set out the bargaining problem, as treated in the theory of games, and the Nash solution, or solution F. I shall then argue against the axiom, labeled “independence of irrelevant alternatives,” which distinguished solution F, and also against the Zeuthen model of the bargaining process which F formalizes.
Market Contractarianism and the Unanimity Rule
Authors: Coleman Jules L.
Published: January 2009

This essay is part of a larger project exploring the extent to which the market paradigm might be usefully employed to explain and in some instances justify nonmarket institutions. The focus of the market paradigm in this essay is the relationship between the idea of a perfectly competitive market and aspects of both the rationality of political association and the theory of collective choice. In particular, this essay seeks to identify what connections, if any, exist between one kind of market account of the rationality of political association and one kind of market-based social choice rule. The market theory of political association I intend to discuss I call “market contractarianism,” and the collective choice rule whose relation to it I intend to explore is the unanimity rule. What, if anything, is the relationship between market contractarianism and the unanimity rule?
Consistency in the Valuation of Life: a Wild Goose Chase?
Authors: Mishan E. J.
Published: January 2009

As Sir Thomas Browne solemnly observed in his Religio Medici, “Heresies perish not with their authors but, like the river Arethusa, though they have lost their currents in one place, they rise up in another.” So too with the economist's valuation of life, the heresy being that–without seriously challenging the current concept of subjective valuation of changes in risk–economists have regressed to the once-persistent belief that it bears some quantitative relation, if not to expected earnings, at least to the utility of expected earnings or capital or consumption. This old-tyme recipe for estimating the value of a human life – notwithstanding the ornate convolutions and occasional intellectual effronteries to be found in the more recent versions–is much like that for calculating the value of a two-week honeymoon for a loving couple by reference to their anticipated outlays (including foregone earnings) plus perhaps an allowance for the probability of non-consummation owing to frigidity in either.
Comment on Narveson: in Defense of Equality
Authors: Dworkin Ronald
Published: January 2009

Professor Narveson's comments about my papers on equality are both penetrating and comprehensive. I cannot hope to discuss all the issues he raises in any detail. But there is a special problem: his main question is about what I have not said. He asks how I might defend equality of resources other than simply by describing a version of it, and of course this question will require some extended discussion. But he is right to say that this is his most important question, and I should hate to lose the opportunity of encouraging discussion of it. So I shall begin with some general remarks about the defence of the idea of equality and then take up, in a very hasty and summary way, the other problems he discusses or raises. Please allow me, however, this apology and caution. I know that what I shall say about the defense of equality is at many points dogmatic and at others unmindful of very natural objections and replies. I want to answer Narveson only by showing in a rough and general way how far I think a defense of equality is possible, what kind of defense this can be, and what form it should take.
Redistribution Without Egalitarianism
Authors: Brody Baruch
Published: January 2009

I will, in this paper, set out the philosophical foundations and the basic structure of a new theory of justice. I will argue that both these foundations and the theory which is based upon them are intuitively attractive and theoretically sound. Finally, I will argue that both are supported by the fact that they lead to attractive implications such as the following:

(1) One can justify at least some governmental redistributive programs which presuppose that those receiving the wealth have a right to it, without being committed to any form of egalitarianism.

(2) The justification for these redistributive programs respects property entitlements; it argues, in effect, that property entitlements and rights to some redistribution of wealth presuppose each other, rather than being in conflict with each other.

(3) The amount of redistribution to which each indigent person is entitled is directly proportional to the wealth of the society in question (the wealthier the society, the greater the entitlement) and inversely proportional to the number of indigents in the society in question (the more indigents, the less to which each is entitled).

There are at this stage in the history of Western thought few entirely new ideas in philosophy. Too much has been written about the important issues to allow for entirely new approaches. My theory is no exception to these generalizations, for it draws upon the tradition of John Locke, of the agrarian reforms such as Paine, Spence, and Ogilvie, and of libertarian writers such as Robert Nozick. Nevertheless, I will argue, the resulting theory is a significant advance over the ideas of these earlier writers.
Justice and Moral Bargaining
Authors: Harman Gilbert
Published: January 2009

INTRODUCTION

In my view, justice is entirely conventional; indeed, all of morality consists in conventions that are the result of continual tacit bargaining and adjustment. This is not to say social arrangements are just whenever they are in accordance with the principles of justice accepted inthatsociety. We can use our own principles of justice in judging the institutions of another society, and we can appeal to some principles we accept in order to criticize other principles we accept.

To use David Hume's model of the relevant sort of convention, two people rowing a boat each continually adjusts his or her rate of rowing to the other so that they come to row at the same rate, a rate that is normally somewhere between the rate at which each would prefer to row. In the same way the basic principles of justice accepted by people of different powers and resources are the result of a continually changing compromise affecting such things as the relative importance attached to helping others as compared with the importance attached to not harming others.

Hume's rowers provide an example of a “convention” that is normally completely tacit. There are other models in which the bargaining can be more explicit, for example when a seller comes to set prices that are acceptable to customers, when employers reach understandings with employees concerning wages, or when political groups influence legislation.

I want eventually to consider the implications for moral reasoning and argument of the thesis that principles of justice are entirely the result of implicit bargaining and convention of this sort.
Distributive Justice and the Tensions of Lockeanism
Authors: Mack Eric
Published: January 2009

An ongoing tension exists within the Lockean tradition in political philosophy between the claim that each individual is the “Proprietor of his own Person” and the claim that nature is “that which God gave to Mankind in common.” The former claim points to a realm of discrete individual entitlements only formally equal in the sense of each individual having jurisdiction over his own person and not over any other person, while the latter points either to a collective entitlement to nature or to individual entitlements to substantively equal shares of nature. Were the two realms, that of persons and that of extra-personal nature, separate and independent, no tension would arise from the union of these two claims. But the realms are manifestly interconnected. Individuals acquire, use, labor upon, invest their time and energy on, and transform, more or less in accordance with their purposes, elements of extra-personal nature. And Locke and his followers believe that at least certain of these interactions with segments of nature give rise to individual property rights to the segments thereby appropriated, labored upon, transformed, or whatever. The traditional bridging notion is each person's right to his own labor which is seen as part of each person's proprietorship over himself. According to this tradition, if the right of each individual over his own person is to be respected, individual titles to appropriated, labored upon, or transformed nature must also be respected.

The task for anyone seeking to embrace all the strands within this Lockean heritage is to reconcile, a) this right to one's own labor and the (or some) system of private property rights tied to it (which system will include historical entitlement principles for legitimating later property configurations) plus the right of self-ownership (or some equivalent) which lies behind the right to one's own labor, with b) some distributionist ideal, at least with regard to natural resources.
Justice: Real or Social?
Authors: Flew Antony
Published: January 2009

I

At one point inTaking Rights Seriously, Ronald Dworkin sketches an argument which would today be widely acceptable. He writes: “The University of Washington might argue that, whatever effect minority preference will have on average welfare, it will make the community more equal, and therefore more just.” It is perhaps not certain that Dworkin himself accepts that immediate inference as sound. There can, however, be no doubt but that: first, many if not most people speaking or writing today in this area do indeed take ‘equality’ to be as near as makes no matter synonymous with ‘equity’; and, second, they do indeed also identify doing (at any rate social) justice with bringing about (ever more, if never perfect) equality of condition.
Contextualism, Pluralism, and Distributive Justice
Authors: Sidorsky David
Published: January 2009

THE INAPPLICABILITY THESIS

There is a gap between the idea of distributive justice and the many factors that are morally relevant for decision making on economic issues. Only to a degree can this gap be attributed to the distance between “ideal reach” and “practical grasp,” to the legitimate difference in detail between an abstractly delineated economic scenario and a concrete set of circumstances, and to the disparate idioms and metaphors of theoretical and practical discourse. Rather, the gap indicates a fundamental problem with the concept of distributive justice. The problem, that is here termed the “inapplicability thesis,” is that even if distributive justice in abstract formulation were to be accepted as a value, its application in economic decision making is indeterminate.
The Human Genome Project: Research Tactics and Economic Strategies
Authors: Rosenberg Alexander
Published: January 2009

In the Museum of Science and Technology in San Jose, California, there is a display dedicated to advances in biotechnology. Most prominent in the display is a double helix of telephone books stacked in two staggered spirals from the floor to the ceiling twenty-five feet above. The books are said to represent the current state of our knowledge of the eukaryotic genome: the primary sequences of DNA polynucleotides for the gene products which have been discovered so far in the twenty years since cloning and sequencing the genome became possible.
Choosing Who Will Be Disabled: Genetic Intervention and the Morality of Inclusion
Authors: Buchanan Allen
Published: January 2009

The Nobel prize-winning molecular biologist Walter Gilbert described the mapping and sequencing of the human genome as “the grail of molecular biology.” The implication, endorsed by enthusiasts for the new genetics, is that possessing a comprehensive knowledge of human genetics, like possessing the Holy Grail, will give us miraculous powers to heal the sick, and to reduce human suffering and disabilities. Indeed, the rhetoric invoked to garner public support for the Human Genome Project appears to appeal to the best of the Western tradition's enthusiasm for progress: the idea of improving human lives through the practical application of scientific knowledge.
Self-Critical Federal Science? The Ethics Experiment within the U.S. Human Genome Project
Authors: Juengst Eric T.
Published: January 2009

On October 1, 1988, thirty-five years after co-discovering the structure of the DNA molecule, Dr. James Watson launched an unprecedented experiment in American science policy. In response to a reporter's question at a press conference, he unilaterally set aside 3 to 5 percent of the budget of the newly launched Human Genome Project to support studies of the ethical, legal, and social implications of new advances in human genetics. The Human Genome Project (HGP), by providing geneticists with the molecular maps of the human chromosomes that they use to identify specific human genes, will speed the proliferation of a class of DNA-based diagnostic and risk-assessment tests that already create professional ethical and health-policy challenges for clinicians. “The problems are with us now, independent of the genome program, but they will be associated with it,” Watson said. “We should devote real money to discussing these issues.” By 1994, the “ELSI program” (short for “Ethical, Legal, and Social Implications”) had spent almost $20 million in pursuit of its mission, and gained both praise and criticism for its accomplishments.
When Politics Drives Science: Lysenko, Gore, and U.S. Biotechnology Policy
Authors: Miller Henry I.
Published: January 2009

It has been said that those who do not remember the past are condemned to repeat it. It is important, therefore, to consider the parallels between the decimation of basic and applied biology by Trofim Denisovich Lysenko in the Soviet Union earlier in this century and the battering of present-day biotechnology by the Clinton administration. In both cases, we see the sacrifice of new science to old myth; heterodox, unscientific theories steering public policy; the abject failure of that public policy, with dire outcomes for research and commerce; and glib, condescending, and exclusionary attitudes toward policymaking.
Biotechnology and the Utilitarian Argument for Patents
Authors: Svatos Michele
Published: January 2009

Biotechnology surpasses even computer technology in predictions of its potential for revolutionary effects on humankind. It includes agribusiness (genetically engineered plants, animals, hormones, etc.) and phar-maceuticals (diagnostics, genetic therapies, etc.). The U.S. government began investing heavily in biotechnology research in the 1980s, and by 1987 had spent approximately $2.7 billion to support research and development (R and D), including $150 million for agricultural biotechnology. The approximately sixty U.S. biotechnology companies invested $3.2 billion in R and D in 1991 alone, with a total of more than $10 billion spent since the industry began in the late 1970s.
Property Rights Theory and the Commons: The Case of Scientific Research
Authors: Merges Robert P.
Published: January 2009

For some time now, commentators in and out of the scientific community have been expressing concern over the direction of scientific research. Cogent critics have labeled it excessively commercial, out of touch with its “pure,” public-spirited roots, and generally too much a creature of its entrepreneurial, self-interested times. In most if not all of this hand-wringing, the scientific community's growing reliance on intellectual property rights, especially patents, looms large. Indeed, for many the pursuit of patents is emblematic of just what is rotten in the republic of science today.
A World of Strong Privacy: Promises and Perils of Encryption
Authors: Friedman David
Published: January 2009

A major theme in discussions of the influence of technology on society has been the computer as a threat to privacy. It now appears that the truth is precisely the opposite. Three technologies associated with computers—public-key encryption, networking, and virtual reality—are in the process of giving us a level of privacy never known before. The U.S. government is currently intervening in an attempt, not to protect privacy, but to prevent it.
Computer Reliability and Public Policy: Limits of Knowledge of Computer-Based Systems
Authors: Fetzer James H.
Published: January 2009

Perhaps no technological innovation has so dominated the second half of the twentieth century as has the introduction of the programmable computer. It is quite difficult if not impossible to imagine how contemporary affairs—in business and science, communications and transportation, governmental and military activities, for example—could be conducted without the use of computing machines, whose principal contribution has been to relieve us of the necessity for certain kinds of mental exertion. The computer revolution has reduced our mental labors by means of these machines, just as the Industrial Revolution reduced our physical labor by means of other machines.
Responsibility and Decision Making in the Era of Neural Networks
Authors: Bechtel William
Published: January 2009

Many of the mathematicians and scientists who guided the development of digital computers in the late 1940s, such as Alan Turing and John von Neumann, saw these new devices not just as tools for calculation but as devices that might employ the same principles as are exhibited in rational human thought. Thus, a subfield of what came to be calledcomputer scienceassumed the labelartificial intelligence(AI). The idea of building artificial systems which could exhibit intelligent behavior comparable to that of humans (which could, e.g., recognize objects, solve problems, formulate and implement plans, etc.) was a heady prospect, and the claims made on behalf of AI during the 1950s and 1960s were impossibly ambitious (e.g., having a computer capture the world chess championship within a decade). Despite some theoretical and applied successes within the field, serious problems soon became evident (of which the most notorious is the frame problem, which involves the difficulty in determining which information about the environment must be changed and which must be kept constant in the face of new information). Instead of fulfilling the goal of quickly producing artificial intelligent agents which could compete with or outperform human beings, by the 1970s and 1980s AI had settled into a pattern of slower but real progress in modeling or simulating aspects of human intelligence. (Examples of the advances made during this period were the development of higher-level structures for encoding information, such as frames or scripts, which were superior to simple prepositional encodings in supporting reasoning or the understanding of natural [as opposed to computer or other artificial] language texts, and the development of procedures for storing information about previously encountered cases and invoking these cases in solving new problems.)
Preposterism and Its Consequences
Authors: Haack Susan
Published: January 2009

What I have to offer here are some thoughts about the “research ethic,” and the ethics of research, in philosophy. There won't be any exciting stuff about the political wisdom or otherwise of research into racial differences in intelligence, or the ethics of scientists' treatment of laboratory animals, or moral issues concerning genetic engineering or nuclear technology, or anything of that kind. There will be only, besides some rather dry analysis of what constitutes genuine inquiry and how the real thing can come to be corrupted, some rather uncomfortable reflections about the present condition of philosophy, its causes and its consequences.
The Function of Several Property and Freedom of Contract
Authors: Barnett Randy E.
Published: January 2009

Suppose you are on a commercial airplane that is flying at 35,000 feet. Next to you sits a man who appears to be sleeping. In fact, this man has been drugged and put upon the plane without his knowledge or consent. He has never flown on a plane before and, indeed, has no idea what an airplane is. Suddenly the man awakes and looks around him. Terrified by the alien environment in which he finds himself, he searches for a door or window from which to make an escape. As luck would have it, he is seated right next to a window exit and he begins to pull the handle that will open the window. You are aware that opening the window exit at this altitude will cause the cabin to quickly depressurize and that this man, you, and probably several other passengers will be sucked out the window to your deaths. You desperately want to stop him from opening the window. Now assume that for some reason it is impossible to prevent him physically from performing the deadly act. Your only option is to rationally persuade him to leave the window exit alone. You cry out to him and, with both hands on the handles, he turns to face you and waits to hear what you have to say. What sort of argument would you make?
When Jack and Jill Make a Deal
Authors: Hausman Daniel M.
Published: January 2009

In ordinary circumstances, human actions have a myriad of unintended and often unforeseen consequences for the lives of other people. Problems of pollution are serious examples, but spillovers and side effects are the rule, not the exception. Who knows what consequences this essay may have?

This essay is concerned with the problems of justice created by spillovers. After characterizing such spillovers more precisely and relating the concept to the economist's notion of an externality, I shall then consider the moral conclusions concerning spillovers that issue from a natural rights perspective and from the perspective of welfare economics supplemented with theories of distributive justice. I shall argue that these perspectives go badly awry in taking spillovers to be the exception rather than the rule in human interactions.

I.Externalities

Economists have discussed spillovers under the heading of “externalities.” To say this is not very helpful, since there is so much disagreement concerning both the definition and significance of externalities.
The Limits of Creditors' Rights: The Case of Third World Debt
Authors: Child James W.
Published: January 2009

At present, Third World countries owe over one trillion dollars to the developed Western nations; much of the debt is held by the leading international commercial banks. The debt of six Latin American countries alone — Argentina, Brazil, Chile, Mexico, Peru, and Venezuela — is over $330 billion, of which $240 billion is owed to commercial banks. Let us immediately narrow our focus to loans made by the major international commercial banks to Third World governments. We shall not be concerned with government-to-government loans, or private-party-to-private-party loans, or with debt owed to the World Bank or the International Monetary Fund. The bank-to-government loans — the so-called “sovereign loans” — are the most economically troublesome and morally interesting. The largest lenders, at least with respect to the Latin American countries, are the American banks Citibank, Chase Manhattan, Bank of America, Manufacturers Hanover, and Chemical Bank. About fifteen Third World countries have serious debt problems, including the largest: Brazil, Mexico, and Argentina.
Gauthier on Rights and Economic Rent
Authors: Mack Eric
Published: January 2009

David Gauthier'sMorals by Agreementis an impressive — indeed, daunting — exercise in contractarian moral and political philosophy. The primary purpose of his treatise is to explicate practical rationality as constrained maximization and morality as compliance with these constraints. Gauthier offers an account of which constraints on straightforward utility maximization each rational individual will be prepared to accept and comply with on the condition that other individuals also will accept and comply with them as well as an explanation of why compliance with those constraints counts as morality. However, althoughMorals by Agreementis in the great tradition of Hobbesian moral and political theorizing, Gauthier's morality by agreement does not begin with the Hobbesian state of nature. Gauthier does not start by envisioning a Hobbesian war of all against all which has been generated by rational individuals, each pursuing his own maximum utility, and then asking what constraints on this no-holds-barred utility maximization would be mutually advantageous and therefore mutually rational.
The Right to an Adequate Standard of Living: Justice, Autonomy, and the Basic Needs
Authors: Copp David
Published: January 2009

Article 25 of the Universal Declaration of Human Rights reads as follows: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.” I shall refer to the right postulated here as “the right to an adequate standard of living” or “The Right.”