This paper develops the Value-Based Theory of Reasons in some detail. The central part of the paper introduces a number of theoretically puzzling features of normative reasons. These include weight, transmission, overlap, and the promiscuity of reasons. It is argued that the Value-Based Theory of Reasons elegantly accounts for these features. This paper is programmatic. Its goal is to put the promising but surprisingly overlooked Value-Based Theory of Reasons on the table in discussions of normative reasons, and to draw attention (...) to a number of areas for fruitful further research. (shrink)

This article begins by clarifying and noting various limitations on the universal reach of the human right to health care under positive international law. It then argues that irrespective of the human right to health care established by positive international law, any system of positive international law capable of generating legal duties with prima facie moral force necessarily presupposes a universal moral human right to health care. But the language used in contemporary human rights documents or human rights advocacy is (...) not a good guide to the content of this rather more modest universal moral human right to health care. The conclusion reached is that when addressing issues of justice as they inevitably arise with respect to health policy and health care, both within and between states, there is typically little to gain and much to risk by framing deliberation in terms of the human right to health care. (shrink)

At the center of Rawls’s work post-1980 is the question of how legitimate coercive state action is possible in a liberal democracy under conditions of reasonable disagreement. And at the heart of Rawls’s answer to this question is his liberal principle of legitimacy. In this paper I argue that once we attend carefully to the depth and range of reasonable disagreement, Rawls’s liberal principle of legitimacy turns out to be either wildly utopian or simply toothless, depending on how one reads (...) the ideal of reciprocity it is meant to embody. To remedy this defect in Rawls’s theory, I␣undertake to develop the outlines of a democratic conception of legitimacy, drawing first on Rawls’s generic conception of legitimacy in The Law of Peoples and second on a revised understanding of reciprocity between free and equal citizens. On this revised understanding, what free and equal citizens owe one another is not reciprocity in judgment, but reciprocity of interests. (shrink)

In The Law of Peoples, John Rawls does not discuss justice and the global economy at great length or in great detail. What he does say has not been well-received. The prevailing view seems to be that what Rawls says in The Law of Peoples regarding global economic justice is both inconsistent with and a betrayal of his own liberal egalitarian commitments, an unexpected and unacceptable defense of the status quo. This view is, I think, mistaken. Rawls’s position on global (...) or international economic justice is richer, more nuanced, and generally more compelling than his critics have been willing to acknowledge. My aim in this essay is to sympathetically set out, and then defend against two common families of objection to, Rawls’s position on global or international economic justice. Objections of the first sort reject Rawls’s position as inadequately attentive to the material and economic interests of individual persons worldwide. Objections of the second sort reject it as inadequately attentive to the material and economic interests of well-ordered peoples. Throughout the paper I develop several arguments implicit in The Law of Peoples but not well-developed there as well as offer some additional arguments of my own consistent with the spirit of The Law of Peoples and Rawls’s work more generally. I conclude with some brief remarks expressing two worries I have about Rawls’s position – one concerning global public goods, the other concerning the formation of a morally adequate and effective political will within the international context under contemporary conditions. (shrink)

There are several powerful motivations for neutral value‐based deontic theories such as Act Consequentialism. Traditionally, such theories have had great difficulty accounting for partiality towards one's personal relationships and projects. This paper presents a neutral value‐based theory that preserves the motivations for Act Consequentialism while vindicating some crucial intuitions about reasons to be partial. There are two central ideas. The first is that when it comes to working out what you ought to do, your friends’ interests, the needs of your (...) family, the significance of your own projects and ideals, etc. have more weight than the interests and needs of strangers. Your friends’ interests are not (thereby) more neutrally valuable than the interests of others. So there is a difference between the value of an outcome and its deontic significance. The second familiar idea is that reasons are modifiable. Reasons of partiality are reasons the weights of which are a function of the value of the relevant outcome modified by facts about the value of caring about the outcome in question. The resulting principle has various further explanatory advantages; in particular, it accounts for project‐ and relationship‐specific permissions and requirements, both at a time and across time. (shrink)

The untranslatable and intriguing notion of ethos (mores, goodness, character, etc.) contrasts in Ancient rhetoric with pathos and logos, the other two pisteis or means of persuasion. Rhetorical ethos is characterized by ambivalence; is it essentially extra- or intra-discursive? an effect of the soul or an effective simulacrum? stable or circumstantial? As a discursive image, an artefact of speech, ethos remains problematic in its legitimacy. As shown in this volume, Montaigne's readings of Ancient theories of ethos resonate in the Essais. (...) The rhetorical effectiveness of Plutarch and Socrates versus Brutus and Seneca, for instance, is assessed in terms of ethos and a revealing style. Montaigne weighs rhetorical and ethical theories as he judges the writings of others, stages diverse types or characters, and develops in his book his own notion of ethos, paradoxical and dynamic, changing as is our soul. A variety of ethe narrated or enacted are also examined: Stoic figures and philosophers, generals, courtiers and honnetes hommes, Indians, tragic heroes and heroines, among others. This collection of essays, beyond Montaigne studies, contributes to intellectual history, and to rhetorical, ethical, and political inquiry, for the early modern period and beyond. Montaigne's quest for more human and humane modes of expression and action can be better understood in light of the notion of ethos, which raises issues of representation, subjectivity, social interaction, moral philosophy, politics, pragmatics, anthropology and identity. The contributors to this volume offer fresh new voices in the art of conversation about the Essais as they explore the many ramifications of Montaigne's ethos and the manifold ethe he brings forth. (shrink)

In this paper I distinguish between three conceptions of human rights and thus three human rights agendas. Each is compatible with the others, but distinguishing each from the others has important theoretical and practical advantages. The first conception concerns those human rights tied to natural duties binding all persons to one another independent of and prior to any institutional context and the violation of which would “shock the conscience” of any morally competent person. The second concerns the institutional conditions necessary (...) and sufficient for particularist legal and political obligations to take on prima facie moral force so that the members of different polities face one another in an asymmetric moral relationship, with each side having a rightful claim to political self-determination. The third concerns those human rights arising exclusively as a matter of positive international law out of the voluntary undertakings of legitimate polities within the international order. Each of these different conceptions is tied to a different human rights agenda. The second is tied to the struggle to realize recognitional norms of legitimacy within the international order. The third is tied to the ongoing effort to incorporate into positive international law through voluntary initiative an ever expanding moral consensus between legitimate polities. The first is tied to the emerging practice of humanitarian intervention and system of international criminal liability. Thus, while all human rights share certain features – they’re universal, and so on – human rights differ in important ways. Attending to these differences would likely improve both the theory and practice of human rights. (shrink)

A dogma of contemporary ethical theory maintains that the nature of normative support for affective attitudes is the very same as the nature of normative support for actions. The prevailing view is that normative reasons provide the support across the board. I argue that the nature of normative support for affective attitudes is importantly different from the nature of normative support for actions. Actions are indeed supported by reasons. Reasons are gradable and contributory. The support relations for affective attitudes are (...) neither. So-called reasons of the right kind for affective attitudes are facts that make those very attitudes fitting. Unlike reasons, fit-making facts for affective attitudes do not conflict with each other or combine in the explanation of further normative facts. More fit-making facts just make a more complex set of reactions fitting. This result undermines various analyses and unity theses in the philosophy of normativity. (shrink)

Human life is operationally defined by the onset and cessation of organismal function. At postnatal stages of life, organismal integration critically and uniquely requires a functioning brain. In this article, a distinction is drawn between integrated and coordinated biologic activities. While communication between cells can provide a coordinated biologic response to specific signals, it does not support the integrated function that is characteristic of a living human being. Determining the loss of integrated function can be complicated by medical interventions that (...) uncouple elements of the natural biologic hierarchy underlying our intuitive understanding of death. Such medical interventions can allow living human beings who are no longer able to function in an integrated manner to be maintained in a living state. In contrast, medical intervention can also allow the cells and tissues of an individual who has died to be maintained in a living state. To distinguish between a living human being and living human cells, two criteria are proposed: either the persistence of any form of brain function or the persistence of autonomous integration of vital functions. Either of these criteria is sufficient to determine a human being is alive. (shrink)

In this article the author explores the ways in which lesbian coparents divide household, child care, and paid labor to learn whether, and the degree to which, they adopt egalitarian work and family arrangements. Informed by a brief overview of U.S. gay liberation and family politics, and the theoretical and empirical work on the household division of labor by gender, this qualitative analysis of 34 Northern California families suggests that equitable practices—a pattern of equal sharing—among these lesbian coparents are the (...) norm. Less frequently, the Rozzie and Harriet pattern of primary breadwinner/primary caregiver emerges, apparently in relation to differences in parents' relative income and their desire to offer children a “sense of family.” The experience of this minority of couples reveals a division of labor that mimics modern heterosexual expectations and highlights the powerful negative effect of economic dependency on women who are full-time caregivers. (shrink)

In fields such as medicine, geography, and mechanics, spatial reasoning involves reasoning about entities that may coincide without overlapping. Some examples are: cavities and invading particles, passageways and valves, geographic regions and tropical storms. The purpose of this paper is to develop a formal theory of spatial relations for domains that include coincident entities. The core of the theory is a clear distinction between mereotopological relations, such as parthood and connection, and relative location relations, such as coincidence. To guide the (...) development of the formal theory, I construct mathematical models in which nontrivial relative location relations are defined. (shrink)

The dissertation involves an examination of recent work in Social Epistemology. In particular, I am concerned with the question of how one's social position could affect judgments regarding evidence and confirmation. To answer this question I undertake an investigation of feminist epistemology and philosophy of science. Feminist epistemologists have raised criticisms of the traditional analysis of knowledge by arguing against the primacy of the individual and for a more thorough-going analysis of the community in accounts of knowledge. This shift, in (...) my view, is an important contribution toward a more complete theory of knowledge. Yet feminist epistemology is a controversial contributor to the area of social epistemology generally construed. Thus, in the first chapter I offer a defense of the contributions of feminist epistemology to analytic philosophy, against its various critics. ;In Chapters Two and Three I examine feminists' reliance on Naturalistic models of theory-choice such as Quinean Holism or the later Wittgenstein's Social Constructivism. I argue that the reliance on these models is a tactical mistake for feminists since these models are based on problematic accounts of meaning and truth. Alternatively, I advocate the adoption of a realist meaning theory along the lines proposed by Katz, as well as a rationalized epistemology in the service of explaining deductive and inductive inference. My argument involves showing how realism and rationalism entail the kind of strong program of justification and rational censure which is required if feminists want to successfully condemn existing biased practices. ;Consequently, I propose a reformulation of the distinction between a context of discovery and context of justification. My reformulation differs from the past positivist distinction in that "discovery" rather than being wholly random and subjective, is instead reflective of patterns of social experience. "Justification" is conceived of as more sensitive to the epistemic privilege of varying social standpoints. However, a separation is still maintained between how one comes to arrive at a belief and the methods for justifying that belief. My conclusion is that a partnership between rationalized epistemology and feminist theory can provide rich possibilities for both disciplines. (shrink)

In the Middle Ages, as today, the concept of magic meant different things to different people. Broadly speaking, it is possible to distinguish between two categories of definitions. To the first category, which may be called external, belong the definitions of magic provided by modern anthropologists, who seek, probably in vain, to find common denominators of “magic” in all human societies. The second category, which may be called internal, is composed of the definitions provided by individual societies or by groups (...) within those societies. In this article I shall be dealing with internal definitions, viewing the subject from the perspectives of the authorities of the early Middle Ages, who understood magic to consist in unsanctioned dealings with supernatural forces that stood outside of the official practices of church and state. Such marginal activities were referred to by a number of words, such as magia and superstitio in Latin or μαγεία and γοητεία in Greek. The written sources do not enable us to define each of these terms with much precision, except to say that in the early Middle Ages they all usually implied an unsanctioned or illicit engagement with the immaterial world, frequently involving the participation of demons. (shrink)

In this book the author explores experiences of religious belief and unbelief with four people, two are believers and two are not.

Maureen McTeer addresses the question of how we can balance the ability of science and technology to enhance our lives with the obligation to protect our individual and collective interests. The outcome of the debate on these issues, ranging from embryonic research to biotechnology to euthanasia, will affect every aspect of our lives.

In ‘The Woman Poet: Her Dilemma’ (1986—7), the Irish poet Eavan Boland argued that women poets were obstructed on the one hand by traditional ideas of femininity and poetry, and on the other by the demands of separatist feminism. In ‘Dilemmas and Developments: Eavan Boland Re-examined’ Sarah Maguire argues that in recent years women poets have clearly achieved greater confidence as a result of changes in their audience. However, the underlying dilemma facing a woman poet — that of the (...) tension between the demands of femininity and the role expected of a post-Romantic lyric poet — continues to remain unresolved. (shrink)

In 1969 Prof. Frankfurt has introduced a famous class of counterexamples to the Principle of Alternate Possibilities. The principle that states that a person x is only responsible for an action y, if she could have done otherwise than y. In these examples a so called ‘counterfactual intervener’ figures that pre-empts all alternate possibilities counterfactually, that is, without actually intervening. Because this counterfactual intervener only looms passively in the background, x’s moral responsibility for y is not affected, whereas at the (...) same time — by stipulation — x couldn’t have done otherwise than y. Hence, the Principle of Alternate Possibilities must be false. (shrink)

Is de vrije wil een noodzakelijke voorwaarde voor morele verantwoordelijkheid? Dit stuk gaat over enkele van de argumenten die voor een ontkennend of bevestigend antwoord op die vraag pleiten.

The empire/servility syndrome -- How to read the Bible -- Reimagining the world -- Justice, Bible-style -- Prophets : the connoisseurs of Tsedaqah -- If you want peace, build it -- Peace : how ideals die-- and can be reborn -- Truth and the tincture of the will -- When freedom is a virtue -- Hope vs. the cringe -- Exploring love -- Song of joy.

McPhate, Maureen Review of: The stories that changed Australia: 50 years of Four Corners, edited by Sally Neighbour, HarperCollinsPublishers, 2012. $32.99.

This paper examines the general neutrality principle of Rawls’ liberalism and then tests that principle against accommodationist intuitions and sympathies in cases concerning the non-neutral effects of a system of compulsory education on particular social groups.