bluuebunny/crossref_metadata_2025 huggingface dataset:
Bargaining for Justice
Authors: Hardin Russell
Published: January 2009

David Gauthier'sMorals by Agreementpresents a partial theory of distributive justice. It is partial because it applies only to the distribution of gains from joint endeavors, or what we may call the ‘social surplus’ from cooperation. This surplus is the benefit we receive from cooperation insofar as this is greater than what we might have produced through individual efforts without interaction with others. The central core of Gauthier's theory of distributive justice is his bargaining theory of ‘minimax relative concession’ or MRC. Whether his theory is compelling turns essentially on whether MRC is workable and compelling. It is this issue that I wish to address.
Rationality and Affectivity: The Metaphysics of the Moral Self
Authors: Thomas Laurence
Published: January 2009

There is a way of doing moral philosophy which goes something like this: If it can be shown that it is rational for perfectly selfish people to accept the constraints of morality, then it will follow,a fortiori, that it is rational for people capable of affective bonds, and thus less selfish, to do so. On this way of proceeding the real argument – that is, the argument for the actual constraints (theory or principles) to be adopted – proceeds with only fully rational individuals who have no other concern than to maximize their nontuistic (selfish) preferences. Then it is noted that the affective capacities of human beings actually make quite palatable the constraints that the fully rational persons with wholly nontuistic preferences have agreed upon.
Conflicting Conceptions of Deterrence
Authors: Shue Henry
Published: January 2009

The Baptism of the Bomb

Here is a two-step plan to rescue nuclear war from immorality. First, the United States should build the most moral offensive nuclear weapons that money can buy and bring nuclear warfare into compliance with the principle of noncombatant immunity. Then it should build a defensive “shield” that will make offensive nuclear weapons “impotent and obsolete” and take the world “beyond deterrence.” In this second stage, called the “Strategic Defense Initiative” (SDI) by believers and “Star Wars” by doubters, antimissile technology will confront missile technology like a Hegelian antithesis confronting its thesis, and we will all be lifted up out of the age of nuclear war into a realm made safe for conventional war.1Even according to believers in the SDI, however, intermediate deployment, not to mention full deployment, of a strategic defense is some time away, pending breakthroughs on technological problems at which public money is now being thrown.
The Moral Status of Nuclear Deterrent Threats
Authors: Hoekema David A.
Published: January 2009

Ethical reflection on the practice of war stands in a long tradition in Western philosophy and theology, a tradition which begins with the writings of Plato and Augustine and encompasses accounts of justified warfare offered by writers from the Medieval period to the present. Ethical reflection on nuclear war is of necessity a more recent theme. The past few years have seen an enormous increase in popular as well as scholarly concern with nuclear issues, and philosophers have joined theologians in exploring the moral issues surrounding the harnessing of atomic forces in the service of war.
Optimal Deterrence
Authors: Brams Steven J. , Kilgour D. Marc
Published: January 2009

1. Introduction

The policy of deterrence, at least to avert nuclear war between the superpowers, has been a controversial one. The main controversy arises from the threat of each side to visit destruction on the other in response to an initial attack. This threat would seem irrational if carrying it out would lead to a nuclear holocaust – the worst outcome for both sides. Instead, it would seem better for the side attacked to suffer some destruction rather than to retaliate in kind and, in the process of devastating the other side, seal its own doom in an all-out nuclear exchange.

Yet, the superpowers persist in their adherence to deterrence, by which we mean a policy of threatening to retaliate to an attack by the other side in order to deter such an attack in the first place. To be sure, nuclear doctrine for implementing deterrence has evolved over the years, with such appellations as “massive retaliation,” “flexible response,” “mutual assured destruction” (MAD), and “counterforce” giving some flavor of the changes in United States strategic thinking.

All such doctrines, however, entail some kind of response to a Soviet nuclear attack. They are operationalized in terms of preselected targets to be hit, depending on the perceived nature and magnitude of the attack. Thus, whether U.S. strategic policy at any time stresses a retaliatory attack on cities and industrial centers (countervalue) or on weapons systems and armed forces (counterforce), the certainty of a response of some kind to an attack is not the issue.
Immoral Risks: A Deontological Critique of Nuclear Deterrence
Authors: Lackey Douglas P.
Published: January 2009

I. Beyond Utilitarianism

In the summer of 1982, I published an article called “Missiles and Morals,” in which I argued on utilitarian grounds that nuclear deterrence in its present form is not morally justifiable. The argument of “Missiles and Morals” compared the most likely sort of nuclear war to develop under nuclear deterrence (DET) with the most likely sort of nuclear war to develop under American unilateral nuclear disaramament (UND). For a variety of reasons, I claimed diat the number of casualties in a two-sided nuclear war developing under DET would be at least fifteen times greater than the number of casualties in a one-sided nuclear attack developing under UND. If one assumes that human lives lost or saved is the principal criterion by which nuclear weapons policies should be measured, it follows that DET is morally superior to UND on utilitarian grounds only if the chance of a two-sided nuclear war under DET is more than fifteen times less dian the chance of a one-sided nuclear attack under UND. Since I did not believe that the chance of nuclear war under deterrence is fifteen times less than the chance of nuclear war under unilateral nuclear disarmament, I inferred diat utilitaranism failed to justify DET. Indeed, on utilitarian grounds, DET stood condemned.
Democracy and Individuality
Authors: Gilbert Alan
Published: January 2009

For many contemporary liberals, Anglo-American democracy seems unimpeachably the best political form. In contrast, adherence to democratic values seems an area in which most Marxian regimes, and perhaps Marx himself, are strikingly deficient. Further, Marxian theory insists on the existence of oppressive ruling classes inallcapitalist societies and on the need for class struggle and violent revolution to achieve a more cooperative regime – theses which liberal social theories tend to dismiss peremptorily. From the perspective of modern liberal democratic theory, Marxian arguments seem prima facie outlandish and even morally objectionable.
Democracy and Class Dictatorship
Authors: Miller Richard W.
Published: January 2009

Clearly, Marx thought he was promoting democratic values. In the Manifesto, the immediate goal of socialism is summed up as “to win the battle of democracy.” Marx sees the reduction of individuality as one of the greatest injuries done by a system in which most people buy and sell their labor power on terms over which they have little control. As they supervised translations and re-issues of the Manifesto, Marx and Engels singled out just one point as a major topic on which their view in 1848 had been superseded. The forms of government needed to be changed to give people more control over the state, a change in structure pioneered by the Paris Commune.
Marxism, Dictatorship, and the Abolition of Rights
Authors: Gordon David
Published: January 2009

Is a Marxist society liable to be an oppressive one? To ask this question is immediately to pose two others: what is meant by Marxism; and what counts as an oppressive society? To take these questions in reverse order, by an oppressive society I shall mean one in which, other things being equal, people do not possess basic civil liberties. Examples of basic civil liberties (I intend here to be fairly uncontroversial) include, but are not limited to, freedom of religion, freedom of speech, freedom of assembly, and, if the society has a political system, the freedom to participate in that system. An example of what I mean by basic civil liberties is the system of basic liberties discussed by Rawls; the United States Bill of Rights is another example.
Justice in Settlements
Authors: Coleman Jules , Silver Charles
Published: January 2009

INTRODUCTION

In any society relatively few disputes are brought to judges for resolution. Most are handled informally or forgotten. Fewer still are cases that go to trial. Most are settled. Compromises are reached even in cases where issues are hotly contested and where millions or billions of dollars in damages are claimed. Recently, for example, one of the most controversial lawsuits of our time, the Agent Orange case, was settled. In that case, veterans of the Vietnam War, their spouses, and their children alleged that a defoliant — Agent Orange – used in Southeast Asia contained dioxin and was responsible for deaths, debilities, miscarriages, and birth defects suffered by members of the plaintiff class. Class members argued that the manufacturers of the defoliant, seven major chemical companies, knew that it was tainted and should be made to compensate them for their injuries, claiming billions of dollars in damages. The case received national exposure and became a rallying point for veterans, a means they hoped to use to publicize their plight and to spur Congress to come to their aid. On the eve of trial, the case was settled. The defendants, who denied liability throughout the pretrial period, agreed to pay the veterans $180 million. In turn, the plaintiff class agreed to drop the suit. Thus ended a controversy which not only presented novel legal issues and tested the ability of the federal courts to handle complex lawsuits, but concerned the well-being of a large number of veterans, their spouses, and their handicapped children as well.
Generosity and Property in Aristotle's Politics
Authors: Irwin T. H.
Published: January 2009

Etymology might encourage us to begin a discussion of Aristotle on philanthropy with a discussion of philanthropia; and it is instructive to see why this is not quite the right place to look. The Greek term initially refers to a generalized attitude of kindness and consideration for a human being. The gods accuse Prometheus of being a ‘human-lover’, intending the term in an unfavorable sense, when he confers on human beings the benefits that should have been confined to the gods. Aristotle uses the abstract noun only once, to refer to sympathetic fellow-feeling (Rhet. 1390a18–23); and he mentions our feeling of kinship with other human beings to explain our approval of the philanthropos person (Eth. Nic. 1155a16–21). Philanthropia is the attitude of a kind and considerate person, even if she lacks material resources, and it can be displayed without the transfer of material resources.
Philanthropy and Selfishness
Authors: O'Connor John
Published: January 2009

The question I want to discuss is “How can I say ‘No’ to a fund-raising appeal?” Since many people apparently find it easy to say “No,” it is not clear what the problem is. Put briefly, the problem is this: I do not want to think of myself as uncaring, unfeeling, and insensitive to the needs of others. And yet, within the last year I have not responded to appeals for funds from a wide variety of causes: medical research, famine relief, freedom of speech, environmental protection. I have turned down requests for support of scholarly magazines, research institutes, and other good causes. My only moderate-sized contribution during that time has been to the capital campaign of an organization of which I am a member. I have enough to have made (very) small contributions to all of the organizations from which I received appeals, but not enough so that my contributions to any single cause would be of major significance. How can I justify not giving?

The problem arises because these appeals (some of them, at least) apparently put moral claims upon me: they say that people are suffering and have needs, and you can help to meet them. Or they say that the intellectual and cultural life of our society will be enriched if you help.

One traditional philosophic view holds that moral claims have a special status. They override political, economic, social, and other claims. The only thing, according to this view, that can free one from a moral claim is another moral claim.
Socialist Morality: Towards a Political Philosophy for Democratic Socialism
Authors: Little Daniel
Published: January 2009

There has been much discussion in recent years of the role of moral ideas within Marxism. Marx's stringent criticisms of purely philosophical inquiry impose rather narrow limits on the form which a Marxian moral philosophy might take. For Marx often holds that moral ideas and moral theorizing are irremediably ideological. By this Marx appears to mean that moral ideas are part and parcel of a system of class domination, a way of preserving class domination through internalized norms. As many recent commentators have shown, however, these criticisms of moral reasoning, though present in Marx's system, cannot be the beginning and end of his stance on moral matters. For Marx himself is committed to making normative judgments about capitalism and socialism, and there is a richly textured set of normative ideas that run through his writings from early to late. Further, and perhaps more compellingly, there is a pressing need internal to Marxism for discussion of moral ideas in order to steer the course towards the attainment of socialism.
In What Sense must Socialism be Communitarian?
Authors: Miller David
Published: January 2009

This paper stands at the confluence of two streams in contemporary political thought. One stream is composed of those critics of liberal political philosophy who are often described collectively as ‘communitarians’. What unites these critics (we shall later want to investigate how deep their collegiality goes) is a belief that contemporary liberalism rests on an impoverished and inadequate view of the human subject. Liberal political thought – as manifested, for instance, in the writings of John Rawls, Robert Nozick, and Ronald Dworkin – claims centrally to do justice to individuality: to specify the conditions under which distinct individuals, each with his own view about how life should be lived, can pursue these visions to the best of their ability. But, the critics claim, liberalism is blind to the social origins of individuality itself. A person comes by his identity through participating in social practices and through his affiliation to collectivities like family and nation. An adequate political philosophy must attend to the conditions under which people can develop the capacity for autonomy that liberals value. This, however, means abandoning familiar preoccupations of liberal thought – especially the centrality it gives to individual rights – and looking instead at how social relationships of the desired kind can be created and preserved. It means, in short, looking at communities – their nature and preconditions.
A Public Ownership Resolution of the Tragedy of the Commons
Authors: Roemer John E.
Published: January 2009

Imagine a society of fisherfolk, who, in the state of nature, fish on a lake of finite size. Fishing on the lake is characterized by decreasing returns to scale in labor, because the lake's finite size (and finite fish stock) imply that each successive hour of fishing labor is less effective than the previous one, as the remaining fish become less dense in the lake. In the state of nature, the lake is commonly owned: each fishes as much as he pleases, and, we might suppose, calculates his fishing plan by taking the labor of the others as given, as he sees it. Each knows that the distribution of fish will be proportional to labor expended among the fisherfolk: if I fish twice as long as you, I will end up with twice as much fish as you. This is not due to some kind of concern with equity (or the labor theory of value) among the fisherfolk; it is a technological fact, implied by the assumption that fishing labor is homogeneous, and all are equally likely to catch a fish in a unit of time. An equilibrium under common ownership can be thought of as a Nash equilibrium of the game where each computes his optimal fishing plan, given the labor of the others and knowing what the consequent distribution of fish would be. (A Nash equilibrium is an allocation of labor and fish to each fisherman, with the property that no one can increase his utility by deviating in his choice of labor, given what the others are doing.)
From Here to There; or, If Cooperative Ownership Is So Desirable, Why are There So Few Cooperatives?
Authors: Elster Jon
Published: January 2009

In this paper I want to discuss a well-known but poorly understood problem: how can socialists reconcile the observed paucity of cooperatives in capitalist societies with their alleged superiority on normative grounds? If cooperatives are so desirable, why don't workers desire them? If one's ideal of socialism is central planning, it is clear enough that it cannot emerge gradually within the womb of the capitalist economy. If instead it is something like market socialism, it is not clear that a discontinuous transformation of society is required. If workers want (market) socialism, they can start up here and now. If they don't, doesn't it prove that they do not want it?

I shall proceed as follows. Section I argues that the usual explanation - that cooperatives are not economically viable or that workers prefer working in capitalist firms – is not necessarily correct. The explanation may lie elsewhere, in endogenous preference formation, adverse selection, discrimination, or externalities.

Section II is concerned with the variety of cooperative arrangements. Only rarely do we find cooperatives in their pure form, with all workers and only workers having equal ownership rights. Non-working owners, non-owning workers and unequal distribution of shares are frequent. When the deviations become sufficiently large, the firms cease to become cooperatives in any meaningful sense.

Section III extends the argument of Section I by surveying the causes of cooperative failure. Some fail by success: profitable cooperatives often attract or turn into private ownership. Others fail outright, partly because they tend to be established under unfavorable circumstances and partly because of intrinsic difficulties of management.
Reviving the Socialist Calculation Debate: A Defense of Hayek Against Lange
Authors: Shapiro Daniel
Published: January 2009

The socialist calculation debate is a debate about whether rational economic decisions can be made without markets, or without markets in production goods. Though this debate has been simmering in economics for over 65 years, most philosophers have ignored it. This may be because they are unaware of the debate, or perhaps it is because they have absorbed the conventional view that one side decisively won. This is the side represented by economists such as Oskar Lange and Fred Taylor who, in opposition to free-market economists like Fredrich Hayek, allegedly showed that their version of market socialism is, in principle, as efficient as capitalism.
Choice, Character, and Excuse
Authors: Moore Michael S.
Published: January 2009

Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a much more general insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself.

In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall callthe choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom (capacity and opportunity) to avoid doing. The second I shall callthe character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by (or in some other way expressive of) those enduring attributes of ourselves we call our characters.
The Matrix of Contractarian Justice
Authors: Buchanan James M. , Lomasky Loren E.
Published: January 2009

There are no first principles etched in stone from which all moral philosophers must take their bearings. We must deliberatelychooseour point of departure in any attempt to respond to the question: “Must any defensible theory of justice incorporate both a commitment to personal liberty and to economic equality?” Basic to our own approach is a suspicion of seers and visionaries who espy an external source of values independent from human choices. We presuppose, instead, that political philosophy commences withindividualevaluation.1A near-corollary of this presupposition is thateachindividual's preferences ought to be taken into account equally with those of others. That is, we suppose that there is noprivileged evaluator, whose preferences are accorded decisive weight.Conceptual unanimityas a criterion for institutional evaluation follows naturally from the other two presuppositions. If there is neither an external standard of value nor a corps of resident value experts, only unanimity can ultimately be satisfactory as a test of social desirability. Our perspective then issubjectivist, individualist, andunanimitarian.

These presuppositions inform ourcontractariananalysis. There are, however, two separate contractarian traditions that we shall find useful to distinguish, the “Hobbesian” and the “Rawlsian.” In the first, persons find themselves in the anarchistic war of each against all. They contract away their natural liberties in exchange for the order that civil society – through its sovereign – affords. In this contracting process, individuals are assumed to possess full self-knowledge; they know who they are, what conceptions of the good they hold, and what their endowments are.
What's So Special about Rights?
Authors: Buchanan Allen
Published: January 2009

Future historians of moral and political philosophy may well label our period the Age of Rights. In moral philosophy it is now widely assumed that the two most plausible types of normative theories are Utilitarianism and Kantian theories and that the contest between them must be decided in the end by seeing whether Utilitarianism can accommodate a prominent role for rights in morality. In political philosophy even the most bitter opponents in the perennial debate over conflicts between liberty and equality often share a common assumption: that the issue of liberty versus equality can only be resolved (or dissolved) by determining which is the correct theory of rights. Some contend that equal respect for persons requires enforcement of moral rights to goods and services required for the pursuit of one's own conception of the good, while others protest that an enforced system of ‘positive’ rights violates the right to liberty whose recognition is the essence of equal respect for persons. The dominant views in contemporary moral and political philosophy combine an almost unbounded enthusiasm for the concept of rights with seemingly incessant disagreement about what our rights are and which rights are most basic. Unfortunately, that which enjoys our greatest enthusiasm is often that about which we are least critical.

My aim in this essay is to take a step backward in order to examine the assumption that frames the most important debates in contemporary moral and political philosophy – the assumption that the concept of a right has certain unique features which make rights so especially valuable as to be virtually indispensable elements of any acceptable social order.
Negative Liberty
Authors: Levin Michael
Published: January 2009

Philosophers have articulated six notions of human freedom. Four are metaphysical. According to one, a man acts freely when he is doing what he wants to; according to the second, he acts freely when he is not being compelled by outside forces; according to the third, he acts freely when the prior state of the universe was not a sufficient cause of what he is doing; according to the fourth, he acts freely when he, not any preceding event, is the cause of what he is doing. The third and fourth theories may be called “indeterministic freedom” and “the agency theory,” named only to be rejected. I reject indeterminism out of agreement with a long tradition which holds that (a) there is no reason to think that human actions are ever undetermined, and (b) an undetermined human action would not be “free” in any sense in which we desire our actions to be free and believe that they are in fact free. To appreciate (b), reflect that agents should control and be accountable for “free” actions. Now, we control an event by assembling or obstructing its sufficient conditions; merefore, an event without sufficient conditions, a random event which just happens, would lie beyond human control and, hence, the sphere of human freedom. Similarly, a man is no more responsible for what happens independently of his choices – and an event without sufficient conditions cannot have a choice as a sufficient condition – than he is responsible for the behavior of a roulette wheel.
Rousseau on Equality
Authors: Cranston Maurice
Published: January 2009

Rousseau has the reputation of being a radical egalitarian. I shall suggest that a more careful reading of his work shows him to have been hardly more egalitarian than Plato. He was undoubtedly disturbed by existing inequalities, especially as he observed them in France. He had an original and interesting theory about how inequality among men came into being; he also set out what he considered to be the connections between equality and freedom. As a champion of a certain idea of freedom, he wrote in favor of specific sorts of equality; even as Plato, as the champion of a certain idea of justice, wrote in favor of putting every man in his place. The great difference is that Plato believed that men were never equal, whereas Rousseau believed they had once been equal but no longer were.

To the proposition that all men are born equal he could be said to subscribe only in the sense that “all men were originally equal”. Rousseau argued that equality prevailed in the state of nature; but he also said it would be wrong to expect, even to desire such equality in civil society. In the final footnote to his Discourse on the Origins of Inequality (hereinafter called the Second Discourse) he wrote (in 1753): “Distributive justice would still be opposed to that rigorous equality of the state of nature, even if it were practicable in civil society.”1

Commentators eager to claim Rousseau as an egalitarian, or proto-Marx, ignore this footnote; as for the opinions expressed in the Dedication to the Second Discourse, opinions no less at variance with egalitarian ideology, they tend to be dismissed as empty hyperbole, designed to ingratiate the philosopher with the authorities of Geneva at a time when he wanted to recover his rights as a citizen and burgess.
Liberty, Equality, Honor
Authors: Kristol William
Published: January 2009

As today's battles rage between those who march under the banner of liberty and those who unfurl the flag of equality, even an engaged partisan might be forgiven for occasionally wondering whether the game is, after all, worth the candle. For one thing, neither party simply rejects the other's principle – properly understood. Egalitarians routinely emphasize that their concern for equality is, also, a concern for true liberty; thus Michael Walzer, writing “In Defense of Equality,” finds it “worth stressing that equality as I have described it does not stand alone, but is closely related to the idea of liberty.”1Libertarians tend to be less enthusiastic in their embrace of equality, but almost all endorse some form of equality or other – for example, equality of political rights or equality before the law. It would seem, then, that the differences between egalitarians and libertarians are really over the meaning and scope of equality and liberty, and that putting the issue as one of equalityvs.liberty may be misleading.

More important, one can wonder whether either the egalitarian or the libertarian combination of the principles of liberty and equality is worthy of support. What society has exalted personal liberty, has taken rights more seriously, than ours? Yet who can easily dismiss Solzhenitsyn's charge that our worship of freedom has resulted in “destructive and irresponsible freedom” being granted “boundless scope,” leaving us defenseless against “the corrosion of evil”?2The cause of liberty against tyranny surely continues to command our support; but what conclusion ought we to draw from the facts that libertyin absentiaseems so markedly more attractive than liberty in practice, and that the qualities manifested in the struggle for liberty seem so superior to those that come to the fore once liberty is secured?
The No Reason Thesis
Authors: Thomson Judith Jarvis
Published: January 2009

Moral theorists often say such things as “But surely A ought to do such and such,” or “Plainly it is morally permissible for B to do so and so,” and do not even try to prove that those judgments are true. Moreover, they often rest weight on the supposition that those judgments are true. In particular, they often rest theories on them: they take them as data.

Others object. They say that nobody is entitled to rest any weight at all on judgments such as those. They say, not that the judgments are false, but that there is no reason to believe them true. They say, more generally, that there is no reason to think of any moral judgment that it is true. I will call this The No Reason Thesis.

Is there reason to think The No Reason Thesis true? There are lots of arguments for it in the literature, but I want to focus on one of them in particular. I think that the one I will focus on lies behind all the others, but no matter if it does not: I suggest that if this argument fails, they all fail.
The Nature of Immorality
Authors: Hampton Jean
Published: January 2009

This article is concerned with the nature of individual moral failure. This has not been a standard issue for exploration in moral philosophy, where questions surrounding moral success have been more popular: in particular, the questions “What is it to do the moral thing (i.e., how do I identify moral success)?” and “Why am I supposed to do the moral thing (i.e., what is morality's authority)?” I want to change the subject and pursue answers to three importantly related questions about people's failure to be moral.

First, I want to explore an issue in moral psychology: why do people behave immorally? I suspect this question has been largely ignored by philosophers because they have thought it a question for psychologists, and one that, at any rate, has an easy surface answer. Isn't it our immorality simply the result of our excessive self-interest? Yet we shall see in what follows that this answer is not nearly good enough, and that philosophers have a lot to contribute in determining what would count as a satisfactory answer. We shall also see that different meta-ethical theories purporting to explain the authority of moral action implicitly assume different and often mutually inconsistent accounts of why (and when) we fail to be moral, and our analysis will show that none of these accounts of moral failure is unproblematic.
Tradition and Reason in the History of Ethics
Authors: Irwin T. H.
Published: January 2009

Students of the history of ethics sometimes find themselves tempted by moderate or extreme versions of an approach that might roughly be called ‘historicist’. This temptation may result from the difficulties of approaching historical texts from a ‘narrowly philosophical’ point of view. We may begin, for instance, by wanting to know what Aristotle has to say about ‘the problems of ethics’, so that we can compare his views with those of (say) Aquinas, Hume, Kant, Sidgwick, and Rawls, and then decide what is true or false in each theorist's position. But this narrowly philosophical attitude soon runs into difficulties, and writers on the history of ethics often warn us against it.
Moral Individualism: Agent-Relativity and Deontic Restraints
Authors: Mack Eric
Published: January 2009

My goal in this essay is to say something helpful about the philosophical foundations of deontic restraints, i.e., moral restraints on actions that are, roughly speaking, grounded in the wrongful character of the actions themselves and not merely in the disvalue of their results. An account of deontic restraints will be formulated and offered against the backdrop of three related, but broader, contrasts or puzzles within moral theory. The plausibility of this account of deontic restraints (and of the conception of moral rights which are correlative to these restraints) rests in part on how well this account resolves the puzzles or illuminates the contrasts which make up this theoretical backdrop.
Motive and Obligation in the British Moralists
Authors: Darwall Stephen L.
Published: January 2009

My aim in what follows is to sketch with a broad brush fundamental changes involving the concept of obligation in British ethics of the early modern period, as it developed in the direction of the view that obligatory force is a species of motivational force – an idea that deeply informs present thought. I shall also suggest, although I can hardly demonstrate it conclusively here, that one important source for this view was a doctrine which we associate with Kant, and which it may seem surprising to find in British ethics, especially of the early modern period, viz., that rational agents are obligated by motives available through a form of practical thinking necessary for rational autonomy.
Naturalism and Prescriptivity
Authors: Railton Peter
Published: January 2009

Statements about a person's good slip into and out of our ordinary discourse about the world with nary a ripple. Such statements are objects of belief and assertion, they obey the rules of logic, and they are often defended by evidence and argument. They even participate in common-sense explanations, as when we say of some person that he has been less subject to wild swings of enthusiasm and disappointment now that, with experience, he has gained a clearer idea of what is good for him. Statements about a person's good present themselves as beingaboutsomething with respect to which our beliefs can be true or false, warranted or unwarranted. Let us speak of these features as thedescriptiveside of discourse about a person's good.
Why Markets Don't Stop Discrimination
Authors: Sunstein Cass R.
Published: January 2009

Markets, it is sometimes said, are hard on discrimination. An employer who finds himself refusing to hire qualified blacks and women will, in the long run, lose out to those who are willing to draw from a broader labor pool. Employer discrimination amounts to a self-destructive “taste” – self-destructive because employers who indulge that taste add to the costs of doing business. Added costs can only hurt. To put it simply, bigots are weak competitors. The market will drive them out.

On this account, the persistence of employment discrimination on the basis of race and sex presents something of a puzzle. And if markets are an ally of equality and a foe of employment discrimination, perhaps discrimination persists because of something other than markets. Perhaps labor unions are to blame; perhaps the real culprit is the extensive federal regulation of the employment market, including minimum-wage and maximum-hour laws and unemployment compensation. If competitive markets drive out discrimination, the problem for current federal policy lies not in the absence of aggressive anti-discrimination law, but instead in the absence of truly competitive markets.

If this account is correct, the prescription for the future of anti-discrimination law is to seek ways to free up employers from the wide range of governmental disabilities – including, in fact, anti-discrimination law itself. The argument seems to be bolstered by the fact that some groups subject to past and present prejudice – most notably, Jews and Asian-Americans – have made substantial progress in employment at least in part because of the operation of competitive markets.
The Message of Affirmative Action
Authors: Hill Thomas E.
Published: January 2009

Affirmative action programs remain controversial, I suspect, partly because the familiar arguments for and against them start from significantly different moral perspectives. Thus I want to step back for a while from the details of debate about particular programs and give attention to the moral viewpoints presupposed in differenttypesof argument. My aim, more specifically, is to compare the “messages” expressed when affirmative action is defended from different moral perspectives. Exclusively forward-looking (for example, utilitarian) arguments, I suggest, tend to express the wrong message, but this is also true of exclusively backward-looking (for example, reparation-based) arguments. However, a moral outlook that focuses on cross-temporal narrative values (such as mutually respectful social relations) suggests a more appropriate account of what affirmative action should try to express. Assessment of the message, admittedly, is only one aspect of a complex issue, but it is a relatively neglected one. My discussion takes for granted some common-sense ideas about the communicative function of action, and so I begin with these.

Actions, as the saying goes, oftenspeaklouder than words. There are times, too, when only actions can effectively communicate the message we want to convey and times when giving a message is a central part of the purpose of action. What our actions say to others depends largely, though not entirely, upon our avowed reasons for acting; and this is a matter for reflective decision, not something we discover later by looking back at what we did and its effects. The decision is important because “the same act” can have very different consequences, depending upon how we choose to justify it.
Change and Continuity in the Concept of Civil Rights: Thurgood Marshall and Affirmative Action
Authors: Tushnet Mark
Published: January 2009

In analyzing the development of the concept of civil rights since the adoption of the Fourteenth Amendment, two historical accounts seem available. According to the first account, the concept initially encompassed a relatively limited set of rights, associated with the ability of all citizens to engage in the productive activities of the economy and avail themselves of the protection of the legal system. Then the concept gradually expanded to include what had initially been thought of as political rights, such as the right to vote, and then to identify the entire set of rights to equal treatment in all domains of life outside a relatively narrowly-defined private sphere. According to the second account, the concept of civil rights was fuzzy from the outset; although political actors spoke as if they had a clear understanding of distinctions among civil, political, and social rights, close examination of their language shows that the distinctions tended to collapse under slight pressure.
Rights and Structure In Constitutional Theory
Authors: Miller Geoffrey P.
Published: January 2009

Ever since the constitutional revolution of the 1930s, constitutional law and theory have been dominated by questions of civil rights. The expansion of rights under the Warren Court constituted a deep-seated shift in judicial attitudes that has proved remarkably stable over time. Despite protests in some quarters that the Burger Court (1969–1986) and the current Rehnquist Court have undermined civil rights recognized during the Warren Court era (1953–1969), the fact is that the changes have been surprisingly marginal. Even precedents that were widely believed to be endangered species a decade ago – such asMirandaandRoe v. Wade– continue in force, although they have indeed been pruned back. Despite their importance, however, these high-profile cases do not go to the core of the Supreme Court's agenda. The core is epitomized byBrown v. Board of Educationon the one hand, representing an aggressive and interventionist attitude toward government discrimination against discrete minorities, and footnote four of theCarotene Productscase, on the other hand, representing an extraordinarily deference to the political process with respect to economic regulation. The Rehnquist Court's commitment to this core agenda is not dramatically different than that of its predecessors, at least not when the broad sweep of constitutional law is taken into account.
The Political Philosophy of Biological Endowments: Some Considerations
Authors: Rosenberg Alexander
Published: January 2009

Is a government required or permitted to redistribute the gains and losses that differences in biological endowments generate? In particular, does the fact that individuals possess different biological endowments lead to unfair advantages within a market economy? These are questions on which some people are apt to have strong intuitions and ready arguments. Egalitarians may say yes and argue that as unearned, undeserved advantages and disadvantages, biological endowments are never fair, and that the market simply exacerbates these inequities. Libertarians may say no, holding that the possession of such endowments deprives no one of an entitlement and that any system but a market would deprive agents of the rights to their endowments. Biological endowments may well lead to advantages or disadvantages on their view, but not to unfair ones.

I do not have strong intuitions about answers to these questions, in part because I believe that they are questions of great difficulty. To begin, alternative answers rest on substantial assumptions in moral philosophy that seem insufficiently grounded. Moreover, the questions involve several problematical assumptions about the nature of biological endowments. Finally, I find the questions to be academic, in the pejorative sense of this term. For aside from a number of highly debilitating endowments, the overall moral significance of differences between people seems so small, so I interdependent and so hard to measure, that these differences really will 1 not enter into practical redistributive calculations, even if it is theoretically i permissible that they do so.

Before turning to a detailed discussion of biological endowments and their moral significance, I sketch my doubts about the fundamental moral theories that dictate either the impermissibility or the obligation to compensate for different biological endowments.
Capitalism, Justice and Equal Starts
Authors: Steiner Hillel
Published: January 2009

“Does the existence of unequal social and economic starting points in life nullify capitalism's claims to justice?” Notice is hereby given that this essay's answer to this question is an unequivocal “maybe.” For it is a banal but true claim that everything depends upon what is meant by capitalism, justice and life's starting point. And it is a less banal but no less true claim that their meanings are opaque or controversial or both. In what follows I shall devote little attention to the question of what justice is and shall simply presume that it is best characterized by historical entitlement theory. The last part of the essay discusses the notion of life's starting point and vacillates over what it would mean for one such point to be equal to another. Hence, the bulk of my argument is taken up with exploring what capitalism must be like to conform to historical entitlement theory. And my conclusion will be that, insofar as capitalism respects every person's right of self-ownership, its claims to justice require that no one be denied one type of equal payment – a payment which might be rendered at each life's starting point.
The Justification of Equal Opportunity
Authors: Goldman Alan H.
Published: January 2009

As a preliminary to the justification of equal opportunity, we require a few words on the concept. An opportunity is a chance to attain some goal or obtain some benefit. More precisely, it is the lack of some obstacle or obstacles to the attainment of some goal(s) or benefit(s). Opportunities are equal in some specified or understood sense when persons face roughly the same obstacles or obstacles of roughly the same difficulty of some specified or understood sort. In different contexts we might have different sorts of benefits or obstacles in mind. But in the current social context, and in the context of this discussion, we refer to educational and occupational opportunities, chances to attain the benefits of higher education and of socially and economically desirable positions, benefits assumed to be desired by many or most individuals, other things being equal. And we generally divide obstacles into two broad classes: those imposed by the social system or by other persons in the society, for example, the hardships of life in the lower economic classes or barriers from prejudices based on race, sex, or ethnic background; and those imposed by natural disabilities, for example, low intelligence or lack of talents.

The initial question is whether a moral society is obligated to create equality in opportunities in the senses just defined. I shall assume here initially that there is some such obligation on the part of society or the state, although I shall specify its nature and limits more precisely below. With the exception of certain libertarians, almost everyone, liberal and conservative alike, agrees in this assumption.
The Political Jurisprudence of Affirmative Action
Authors: Kirp David L. , Weston Nancy A.
Published: January 2009

The headlines at the outset of 1987 told of Howard Beach, where a group of blacks had been chased, and one killed, because they had unwittingly entered a white enclave in New York City. And they told of Forsythe County, Georgia, where the mere presence of civil rights marchers, in a place from which blacks had been driven three-quarters of a century earlier, brought out depths of antagonism unknown since an earlier era of civil rights marches.

Behind both events – indeed, behind almost every question of race to arise in recent years – was the specter of affirmative action. Even as, during the late 1960s, some blamed urban riots on the federal government's failure to achieve equal opportunity between the races by equalizing life outcomes, so in 1987 white antagonisms were regarded in some quarters as a crude reflection of the Reagan administration's hostility towards affirmative action. The rhetoric and the policies of that administration, it was said, contributed to a sentiment that blacks already had their share – indeed, more than their share. Official word and deed contributed also, it was argued, to a resentment against blacks who, because of quotas, had been unfairly advantaged.