There is a deep tension between liberalism and retributivism. On the face of it, one cannot coherently believe liberalism about the fundamental purpose of the state and retributivism about the basic end of legal punishment, given widely held and well-motivated or what I call ‘standard’ conceptions of these views. My aims in this article are to differentiate the types of conflict between liberalism and retributivism, to identify the strongest and most problematic type of conflict between them, to demonstrate that existing (...) strategies in the literature that might be invoked to resolve this conflict fail, and to present a new, conclusive way to resolve it. The solution lies in changing the standard conception of liberalism, which change, I argue, is warranted on independent grounds. Liberalism, up to now, has been conceived in a way that fails to best capture liberal intuitions. Upon improving our understanding of what liberal purposes essentially are, it becomes clear that retributive punishment is not merely logically consistent with them, but also partially constitutive of them. (shrink)

Unlike the Chinese, Indian, and Western ethical traditions, the African one had not been text-based until as recently as the 1960s. Since a very large majority of indigenous sub-Saharan societies had oral cultures, there are no classic texts in the field of African ethics and hence also no Big Names; there's nothing comparable to, say, Aristotle’s Nicomachean Ethics or Confucius’ Analects. However, some names and texts have been more influential than others in shaping ethical reflection, particularly over the past 30 (...) years or so with the development of a decent cohort of Africans lecturing in universities. In my contribution, I engage with those contemporary African philosophers whose writings have made some of the most difference to field, favouring those whose views are particularly distinct from salient Western approaches to ethics and should be taken seriously as rivals to them. The main figures critically discussed are I. Menkiti and D. Tutu regarding good character and B. Bujo and K. Gyekye in respect of right action. (shrink)

This article considers how global ethical matters might be approached differently in the English-speaking literature if values salient in sub-Saharan Africa and East Asia were taken seriously. Specifically, after pointing out how indigenous values in both of these major parts of the world tend to prescribe honouring harmonious relationships, the article brings out what such an approach to morality entails for political power, foreign relations and criminal justice. For each major issue, it suggests that harmony likely has implications that differ (...) from approaches that currently dominate Western thought, namely those of utility, autonomy and capability. Lacking the space to systematically defend harmony as a fundamental value, it nonetheless urges theorists not to neglect it in future work. (shrink)

Patients in the United States have been subject to an evergrowing “avalanche” of unwanted medical treatment. This is economically, ethically, and legally wrong. As one advocacy campaign puts it: “Patients should receive the medical treatments they want. Nothing less. Nothing more.” First, unwanted medical treatment constitutes waste (and often fraud or abuse) of scarce healthcare resources. Second, it is a serious violation of patients’ autonomy and self-determination. Third, but for a few rare exceptions, administering unwanted medical treatment contravenes settled legal (...) rules and principles. This “Legal Briefing” describes a central and growing role for the law. Specifically, courts and agencies have increasingly imposed penalties on healthcare providers who deliberately or negligently disregard advance directives and DNR (donot-resuscitate) orders. I group these legal developments into the following five categories: 1. Five Types of Unwanted Medical Treatment2. State and Federal Duties to Follow Advance Directives3. Doctors Hospital of Augusta v. Alicea4. Other Lawsuits for Ignoring Advance Directives5. Administrative Penalties for Ignoring Advance Directives. (shrink)

Mildly revised reprint of a 2012 overview of recent work on anti-natalism reprinted in a collection devoted to the topic.

In this issue of JCE, Douglas Diekema argues that the best interest standard (BIS) has been misemployed to serve two materially different functions. On the one hand, clinicians and parents use the BIS to recommend and to make treatment decisions on behalf of children. On the other hand, clinicians and state authorities use the BIS to determine when the government should interfere with parental decision-making authority. Diekema concedes that the BIS is appropriately used to “guide” parents in making medical treatment (...) decisions for their children. But he argues that the BIS is inappropriately used as a “limiting” standard to determine when to override those decisions. Specifically, Diekema contends that the BIS “does not represent the best means for determining when one must turn to the state to limit parental action.” He argues that this limiting function should be served by the harm principle instead of by the BIS.I contend that we should not reassign the BIS’s limiting function to the harm principle. In this article I make two arguments to support my position. First, the BIS has effectively served, and can serve, both guiding and limiting functions. Second, the harm principle would be an inadequate substitute. It cannot serve the limiting function as well as the more robust BIS. (shrink)

Frederick Soddy , one of the foremost radiochemists of his day, was awarded the 1921 Nobel Prize in chemistry. Soddy was also among the first of the scientific leaders of his age, along with Blackett , Bernal , and others, to become interested in the social implications of their work. In 1950 his colleague Paneth wrote that currently ‘there is widespread discussion on the responsibility towards the community of men of science and particularly experts in radioactivity; but a perusal of (...) Prof. Soddy's non-chemical writings of no less than thirty years ago [viz., during and after the first world war] shows how strongly he felt the duty to fight for a better order of things'. Soddy was a complex iconoclast often derided for dealing with what seemed to be disparate interests. What, it could be asked, could monetary reform possibly have to do with radiochemistry? But to make sense of Soddy, the question must rather be formulated in the other direction: What fundamental concern did Soddy have that enabled him to embrace holistically a variety of seemingly diverse activities? The answer can be given in a word: energy. And the way in which Soddy dealt with this issue involved him directly with social economics as well as with the social responsibility of scientists. (shrink)

This essay is a lengthy response to six contributors to a special issue edited by Adeshina Afolayan and devoted to critical discussions of _A Relational Moral Theory: African Ethics in and Beyond the Continent_. Key topics include: the proper role of metaphysics when doing moral philosophy; the appropriate aims of moral philosophy in the light of relational values and properties; the ir/relevance of imperceptible agents for an African ethic; the un/attractiveness of the principle that one morally should promote the common (...) good; the nature of virtue (vice) and its relation to rightness (wrongness); and how to capture self-regarding virtues and duties to oneself theoretically. (shrink)

The overwhelming weight of legal authority in the USA and Canada holds that consent is not required for brain death testing. The situation in England and Wales is similar but different. While clinicians in England and Wales may have a prima facie duty to obtain consent, lack of consent has not barred testing. In three recent cases where consent for brain death testing was formally presented to the court, lack of consent was not determinative, and in one case the court (...) questioned whether the clinicians were even required to seek consent from the parents of a child at all. (shrink)

What makes a person's life meaningful? Thaddeus Metz offers a new answer to an ancient question which has recently returned to the philosophical agenda. He proceeds by examining what, if anything, all the conditions that make a life meaningful have in common. The outcome of this process is a philosophical theory of meaning in life. He starts by evaluating existing theories in terms of the classic triad of the good, the true, and the beautiful. He considers whether meaning in (...) life might be about such principles as fulfilling God's purpose, obtaining reward in an afterlife for having been virtuous, being attracted to what merits attraction, leaving the world a better place, connecting to organic unity, or transcending oneself by connecting to what is extensive. He argues that no extant principle satisfactorily accounts for the three-fold significance of morality, enquiry, and creativity, and that the most promising theory is a fresh one according to which meaning in life is a matter of intelligence contoured toward fundamental conditions of human existence. (shrink)

Alasdair MacIntyre is one of the foremost critics of liberalism. As an alternative to the abstract utilitarianism and emotivist relativism of liberal moral theory, he has proposed virtue-ethics and “tradition-constituted rationality.” As an alternative to the individualism and bureaucratization of liberal moral practice, he has proposed the practices and politics of local community. He has presented his anti-liberal moral and political vision in his great trilogy, After Virtue, Whose Justice? Which Rationality? and Three Rival Versions of Moral Enquiry, in later (...) works such as Dependent Rational Animals, and in numerous articles, lectures, and interviews, and he has done so with…. (shrink)

Originally published in German in 1935, this monograph anticipated solutions to problems of scientific progress, the truth of scientific fact and the role of error in science now associated with the work of Thomas Kuhn and others. Arguing that every scientific concept and theory—including his own—is culturally conditioned, Fleck was appreciably ahead of his time. And as Kuhn observes in his foreword, "Though much has occurred since its publication, it remains a brilliant and largely unexploited resource." "To many scientists just (...) as to many historians and philosophers of science facts are things that simply are the case: they are discovered through properly passive observation of natural reality. To such views Fleck replies that facts are invented, not discovered. Moreover, the appearance of scientific facts as discovered things is itself a social construction, a _made_ thing. A work of transparent brilliance, one of the most significant contributions toward a thoroughly sociological account of scientific knowledge."—Steven Shapin, _Science_. (shrink)

In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political (...) power, criminal procedures and economic resources. Oyowe’s most important criticism of my theory is in effect that it is caught in a dilemma: either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are ‘theoretical lapses’ that ‘cast enormous doubts’ on my project of deriving human rights from a basic moral principle with a recognizably sub-Saharan and communitarian pedigree. (shrink)

This article is part of a special issue devoted to David Benatar’s anti-natalism. There are places in his oeuvre where he contends that, while our lives might be able to exhibit some terrestrial or human meaning, that is not enough to make them worth creating, which would require a cosmic meaning that is unavailable to us. There are those who maintain, in reply to Benatar, that some of our lives do have a cosmic meaning, but I argue that Benatar is (...) correct that none of our lives does. I instead reply that a lack of cosmic meaning is insufficient to infer that our lives are all bad or, more carefully, bad enough to make procreation impermissible. In particular, I advance a principle by which to judge the absence of a good to be bad, roughly according to which the more unavailable a good is, the less reason there is to exhibit negative reactive attitudes toward its absence. It follows that there is no reason to regret or be sad about the lack of cosmic meaning, given that it is impossible for us. (shrink)

Influential moral theories in the contemporary West face problems making sense of the conflict between the interests of animals and people’s interests in culture. They have trouble explaining either the existence of strong direct duties to animals or the importance of people’s right to culture (and frequently both). In this chapter I aim to advance a relational ethic, grounded on the African philosophical tradition, that offers a promising alternative. I contend that duties toward animals and rights to culture are potentially (...) conflicting normative branches springing from the common root of a demand to prize communal relationship. In addition to showing that communion makes good sense of the strength of some direct duties to animals and the moral significance of culture, I argue that it accounts well for how to understand the way in which they can clash and how to address it practically. (shrink)

Taking the good (generosity), the true (enquiry), and the beautiful (creativity) as exemplars of what can make a life noticeably meaningful, elsewhere I have advanced a principle that entails and plausibly explains all three. Specifically, I have proffered the view that great meaning in life, at least insofar as it comes from this triad, is a matter of positively orienting one’s rational nature towards fundamental conditions of human existence, conditions of human life responsible for much else about it. Iddo Landau (...) has raised important objections to this principle, arguing in particular that contouring one’s rationality towards fundamentality is neither necessary nor sufficient for great meaning in life. In this article, I reply to Landau’s objections to the fundamentality account of what makes life very meaningful. I thereby aim to enrich reflection about what it is about the lives of Neslon Mandela, Mother Teresa, Albert Einstein, and Pablo Picasso that made them so significant as well as to indicate how fundamentality implicitly plays a key role in theistic conceptions of meaning in life. (shrink)

A guest edited volume of the Journal of Applied Philosophy devoted to topics regarding the ethics of nudges, particularly those that have received little or no treatment up to now. Since the publication of Nudge in 2008, nudges have become widely used tools in policymakers' toolbox. Concurrently, ethicists have discussed which conditions, if any, ensure the fair and ethically legitimate implementation of such untraditional policy techniques. The debates have focused primarily on the alleged intrusiveness of nudges and their lack of (...) factual transparency. The special issue is intended to enrich the debate in the conviction that the clarity of the terms adopted within the debate could be improved and that some relevant ethical perspectives have been left out in assessing the morality of nudges. Specifically, the aims of this special issue are twofold, normative and conceptual. On the one side, we delve into the concepts on which the evaluation of nudging hinges, such as "preferences", "resistibility", and "libertarianism". Since the meanings assigned to such concepts drive our evaluation of nudging, their comprehension is critical. On the other side, the acceptability of nudges has been extensively assessed in the light of ethical theories developed within Western philosophy, and not with alternative but promising ethical frameworks from the Global South. Relatedly, some values implicated in nudging, such as the ethics of nudging vulnerable populations, have been overshadowed by scholars' attention to decisional autonomy. The special issue gives these themes the attention they deserve. (shrink)

Concomitant with the rise of rationalizing accountability in higher education has been an increase in theoretical reflection about the forms accountability has taken and the ones it should take. The literature is now peppered by a wide array of distinctions (e.g. internal/external, inward/ outward, vertical/horizontal, upward/downward, professional/public, political/economic, soft/ hard, positive/negative), to the point that when people speak of ‘accountability’ they risk speaking past one another, having some of these distinctions in mind and not others. Furthermore, often these distinctions are (...) vague and cross-cut each other in ways that are as yet unclear. The field could benefit from having a comprehensive framework in which to place these distinctions and to view their relations. My aim in this article is to provide an analytical tool by which to classify important debate about what accountability in higher education has been and ought to be. Beyond organizing such debate, this schema will serve the purposes of revealing ambiguities in terms, conflations of ideas, assumptions that warrant questioning, and gaps in present research agendas. (shrink)

In the literature on African moral philosophy, it is common to find normative conclusions about the way we ought to act directly drawn from purported metaphysical facts about the nature of ourselves and the world. For example, Kwame Gyekye, the most influential sub-Saharan political philosopher, attempts to defend moderate communitarianism, roughly the view that agents have strong duties to support others in ways that do not violate human rights, by contending that it follows from the dual nature of the self (...) as both social and individual. In this article, I critically analyze this sort of rationale, and contend that it is unsound. I propose several reconstructions, but conclude that they cannot plausibly bridge the ‘is-ought gap’, and that similar arguments found in the field of African ethics, such as the frequent claim we must treat nature with respect since everything in the universe is interdependent, also fail to do so. (shrink)

Volume 24, Issue 11, November 2024, Page 78-80.

Definitions of terms that are central to a theoretical understanding of the Royal Government of Bhutan's policy of Gross National Happiness.

Henry Richardson has recently published the first book ever devoted to ancillary care obligations, which roughly concern what medical researchers are morally required to provide to participants beyond what safety requires. In it Richardson notes that he has presented the ‘only fully elaborated view out there’ on this topic, which he calls the ‘partial-entrustment model’. In this article, I provide a new theory of ancillary care obligations, one that is grounded on ideals of communion salient in the African philosophical tradition (...) and is intended to rival and surpass Richardson’s model, which is a function of Western considerations of autonomy. I argue that the relational approach of the former has several virtues in comparison to the basic individualism of the latter. (shrink)

Reprint of an article appearing in Theoretical Medicine and Bioethics (2017).

I critically discuss views about what at least analytic philosophers have in mind when reflecting on what makes life meaningful. I first demonstrate that there has been a standard view of that, according to which meaningfulness centrally involves the actions of human persons, ones that exhibit a high desirability characteristically present in ‘the good, the true, and the beautiful’ and absent from the cases of Sisyphus or the Experience Machine. Then, I address five challenges to the standard view that have (...) recently been made. I conclude that the standard view should be revised to accommodate judgements that animal lives can exhibit meaning, groups of human persons can also do so, and there is a difference between mundane and great meaning possible in the life of a person. However, I resist the more radical suggestions that meaningfulness never inheres in people’s actions or that it need not be positive. (shrink)

Ariane Lewis offers a comprehensive and expert review of ethical issues raised by brain death in the United Kingdom and how they compare to management of those issues in the United States (Lewis 20...

I examine two recent books by analytic philosophers that address the underexplored topic of whether the meaning of life depends on the existence of a supernatural realm including God and a soul. John Cottingham’s On the Meaning of Life defends a supernaturalist conception of life’s meaning, whereas Kurt Baier’s Problems of Life and Death defends the opposite, naturalist perspective. I show that their respective arguments are worth serious consideration, indicate some potential weaknesses in them, and suggest some other argumentative strategies (...) that those interested in this fascinating topic might pursue elsewhere in more depth. (shrink)

In an article previously published in this journal, Phillip Montague critically surveys and rejects a handful of contemporary attempts to explain why state punishment is morally justified. Among those targeted is one of my defences of the censure theory of punishment, according to which state punishment is justified because the political community has a duty to express disapproval of those guilty of injustice. My defence of censure theory supposes, per argumentum, that there is always some defeasible moral reason for the (...) state to proportionately punish the guilty, and then demonstrates that censure theory best entails and explains this intuition. Montague does not question the intuition, but instead argues that three rival theories of punishment, including his societal-defence view, account for it to no worse a degree than my censure theory. In this article I defend my initial argument, noting resources for its defence that Montague does not appreciate and that, I maintain, provide those who believe that there is always pro tanto injustice in the state failing to proportionately punish the guilty reason to adopt censure theory over all competitors, including Montague’s societal-defence theory. (shrink)

Reprint of an article that initially appeared in _Ethical Theory and Moral Practice_ (2012).

This issue’s “Legal Briefing” column covers recent legal developments involving voluntarily stopping eating and drinking (VSED). Over the past decade, clinicians and bioethicists have increasingly recognized VSED as a medically and ethically appropriate means to hasten death. Most recently, in September 2013, the National Hospice and Palliative Care Organization (NHPCO) called on its 2,000 member hospices to develop policies and guidelines addressing VSED. And VSED is getting more attention not only in healthcare communities, but also in the general public. For (...) example, VSED was recently highlighted on the front page of the New York Times and in other national and local media. Nevertheless, despite the growing interest in VSED, there remains little onpoint legal authority and only sparse bioethics literature analyzing its legality. This article aims to fill this gap. Specifically, we focus on new legislative, regulatory, and judicial acts that clarify the permissibility of VSED. We categorize these legal developments into the following seven categories: 1. Definition of VSED2. Uncertainty Whether Oral Nutrition and Hydration Are Medical Treatment3. Uncertainty Regarding Providers’ Obligations to Patients Who Choose VSED4. Judicial Guidance from Australia5. Judicial Guidance from the United Kingdom6. Judicial Guidance from Canada7. Case of Margot Bentley. (shrink)

Karl Marx did write, “The philosophers have only interpreted the world in various ways, the point is to change it,” which in this essay I interpret in the context of his normative thought about overcoming alienation. Reading “thesis eleven” in the light of that critical perspective, I maintain that two under-appreciated claims emerge: a central reason to pursue revolutionary change is so that more people have the freedom to engage in interpretation such as philosophy, and it is reasonable for many (...) of us to do some mere interpretation now even if doing so will not foster the kind of change that is admittedly vital. -/- . (shrink)

In this article I articulate and defend an African moral theory, i.e., a basic and general principle grounding all particular duties that is informed by sub-Saharan values commonly associated with talk of "ubuntu" and cognate terms that signify personhood or humanness. The favoured interpretation of ubuntu (as of 2007) is the principle that an action is right insofar as it respects harmonious relationships, ones in which people identify with, and exhibit solidarity toward, one another. I maintain that this is the (...) most defensible moral theory with an African pedigree at the time, and that it should be developed further with an eye to rivalling dominant Western theories such as utilitarianism and Kantianism. (NB: a mildly revised version, avoiding some typos and phrases that invite misinterpretation, appeared as a chapter in Isaac Ukpokolo, ed., _Themes, Issues and Problems in African Philosophy_ London: Palgrave Macmillan, 2017, pp. 97-119.). (shrink)

Elsewhere I have contended that if a God-centred account of meaning in life were true, it would not be because meaning comes from fulfilling God’s purpose for us. Specifically, I have argued that this ‘purpose theory’ of life’s meaning cannot be the correct God-based view since God would have to be atemporal, immutable, and simple for meaning to logically depend on His existence, and since such a being lacking extension could not be purposive. Jacob Affolter has developed a fresh account (...) of the kind of purpose that is necessary for meaning in life, has argued that a God without extension could ground it, and has also provided some tentative reason to believe that only such a God could do so. I respond in three ways: by questioning whether the sort of purpose Affolter thinks is necessary for meaning in fact is; by arguing that an extensionless God could not ground it; and by indicating the way that a purely physical world could. (shrink)

One aim of this chapter is to acquaint a reader unfamiliar with African philosophy with some of its more prominent ethical perspectives, especially those pertaining to ubuntu, as they bear on work. However, I undertake this discussion with some sympathy towards these implications, such that another aim is to point out that the prescriptions for the workplace that moral philosophers working in the African tradition have made (or would sensibly make given their more basic commitments) are worth taking seriously regardless (...) of the reader’s background. The vitalist and communalist strains of ethical thought prominent amongst African philosophers are relatively unknown in globally influential discourses, but are revealing in the context of work. Central topics include: what the point of work is; how to distribute jobs; why there might be a right to work; and how to organize the production process. For each question, I emphasize respects in which African ethical thought offers answers that are both different from and plausible relative to what is dominant in English-speaking theory or practice. (shrink)

By examining selected works by Stephen Gaukroger, Alfred North Whitehead, Lynn White, Jr., Benjamin Farrington, and Paul Gans, the author discusses the formation of Western culture and the intellectual tools and the social conditions that contributed (and still contribute) to its being. He concludes that a metaphysics and a realistic epistemology—based on an ancient Greek confidence in the human intellect, in its ability to reason to truths that acknowledge the immaterial character of human intellection—is required for the West to retain (...) its identity and develop its own culture. (shrink)

This book examines three notable philosophers' attempts to solve the political problem of religious pluralism: John Rawls, Jacques Maritain, and Alasdair MacIntyre. Although many philosophers have grappled with this problem, what has not been sufficiently explored is the reciprocal relationship of foundational belief to political theory and political theory to political practice. Kozinski, using thorough research and a high level of philosophical discourse, deals with these issues directly and astutely demonstrates how any solution that does not incorporate both political philosophy (...) and political theology is doomed to fail. (shrink)