In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 10.1 (2003) 99-102 [Access article in PDF] Living with Contested Knowledge and Partial Jennifer Clegg and Richard Lansdall-Welfare THESE CAREFUL AND CONSTRUCTIVE comments bring grist to our mill. Before responding to them, we observe first that they offer no substantive challenge to our thesis: ambiguities associated with meaning in the disabled life make it more likely that professional service providers will make (...) dogmatic responses to bereavement, and perhaps other essentially contested topics, responses that are defended by isolationism.Some welcome ideas came from left field to refresh our thinking, such as Colman's observations on the gendered nature of care. She reminded us that although the audit from which these cases came was established to investigate bereavement in general among adults with intellectual disability, its rough and ready sampling failed to ensure the expected range of bereavement types. Somehow the bereavements constructed as relevant for audit all transpired to concern the death of mothers. Moreover, of the six relatives who agreed to be interviewed concerning these bereavements, two were stepfathers and four were sisters. Colman underlines the invisibility of care work usually done by female family members: how wise or less wise decisions create the conditions for bereavement reactions, and how changes to care arrangements following bereavement fall most heavily on them. Traustadottir (2002) discussed the way new care initiatives often put pressure on female family members and staff to do more unpaid work. For example, Circles of Support encourages them to include people with intellectual disability in their personal social networks, without considering the personal costs. Such observations have yet to emerge from the umbrella of feminist research. Separatism has served feminism well, but issues of women and care do need to find their place in mainstream reviews.Another useful reminder from Colman is that the person with intellectual disability is not the only concern to families, although only a few adult services manage to hold wider systemic factors in mind (Clegg and Burnham 2000). If the person may make naïve comments at a funeral that would devastate family members whose needs take priority, the person will be excluded.The potency of bereavement was discussed twice. Casenave suggests that because "disability is a loss experience" bereavement resonates with it, casting some doubt onto the suggestion that our thesis generalizes to other contested topics. Reinders criticizes clinicians for being purblind to the tragic. The anonymous reviewer who questioned [End Page 99] the relevance of our discussion of the quality of "presence," a quality Reinders considers highly relevant, illustrates the point better than we can. Recognizing the way clinicians have little "patience with the notion of the tragic" encourages reflection on what other human experiences fail to capture our attention.Although these are all potentially valuable directions, we focus here on comments that may enhance our ability to work without dogma. Since at least the 1980s, clinicians in intellectual disability have criticized the discipline for using linear and univariate rather than complex and multivariate theories, and for a naïve search for magic answers (reviewed in Clegg 1993). It is our contention that little has changed, and that uncertain meaning and normalization combine to create ideal conditions for dogma. Reinders' exposition of the various uses of meaning in our article and in different linguistic and historical traditions develops a vital but neglected topic in intellectual disability, which we consider in some detail. We conclude by arguing that developments require us to distance ourselves from the universality and commonality inherent to normalization, and create new ways to appreciate particularity and diversity.The gist of Reinders' complex argument appears to be that the problems we identify in managing bereavement in intellectual disability stem from a modernist understanding of meaning that is erroneous. Implicitly, those who eschew its pursuit demonstrate the greater wisdom, because neither dialogue nor activities such as reflection can generate meaning that is unattainable. If we understand his position correctly, he contrasts two principal understandings of meaning: comprehension and apprehension.Comprehension is the illusory modernist idea that humans are agents who make sense of themselves... (shrink)

Mourning exists at the nexus between individual experience, professional discourses, research, and culture, making it a complex issue for health services that has shown vibrant change in recent years. By contrast, bereavement discourse in intellectual disability is suffused by dogmatic assertions about correct intervention: we describe four vignettes to illustrate bereavement issues in intellectual disability. Suggestions concerning issues and management are made, but the article focuses primarily on the conceptual issues that underpin clinical intervention. The analysis shows how challenges to (...) the meaning of the disabled life, and to the understandings carers and staff draw on, tend to be resisted. We hypothesize this is most likely to surround issues that evoke cultural uncertainty, such as bereavement. The thesis is that the field of intellectual disability tends to be isolationist because meaning is difficult to create and easily dissolved, especially when addressing culturally contested topics. Dialogue with other disciplines is necessary to stop the field from atrophying, but needs to be carried out in ways that enable carers and clinicians to continue providing the support that people with intellectual disability require. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 10.1 (2003) 91-97 [Access article in PDF] The Ambiguities of "Meaning":A Commentary Hans S. Reinders "Death, Disability, and Dogma" by Jennifer Clegg and Richard Lansdall Welfare (2003) is a rich paper that presents an unexpected but interesting mixture of observations and perspectives on mourning, grief and bereavement in the lives of people with intellectual disabilities.In a number of ways, the notion of (...) meaning is prominent in the paper. The authors observe that recent literature on grief and bereavement because of loss of loved ones does not confirm the "stage theory of loss." Instead there is a "multiplicity of possible responses to bereavement," which is partly explained by the role of cultural diversity. Cultural diversity is particularly involved in the development of "meanings" about loss (2003, 69). However, looking into the literature on grief and bereavement among persons with intellectual disabilities, the authors found that literature "dogmatic" in that it sticks to the traditional theoretical framework of "grief work" (2003, 74). The authors offer an explanation for this "stuck discourse": The approach to grief and bereavement among people with intellectual disabilities is framed within the philosophy of normalization. This leads professionals to downplay limitations to the potential of their clients in ways that encourage the denial of disability. The meaning assigned to intellectual disabilities, this is to say, is primarily positive. This positive outlook promotes the "belief in the apparently limitless potential of the client group to develop skills and autonomy if only they are given the right help" (2003, 71). The authors read this promoting of positive meaning as a counter strategy: our culture in general does not seem to be convinced of a valued meaning of life for persons with intellectual disabilities. Therefore, the professional world of service systems adopts a strategy of "separitism" (2003, 77), which explains why approaches to phenomena like grief and bereavement are "stuck" with ideas that are inadequate. The professional community attending those with intellectual disabilities is too much a world on its own. There should be more interaction between generalists and specialists on the subject of grief and bereavement.So far the general argument of the paper. Because my own area of research is not in the fields of clinical psychology or psychiatry, it cannot be my task to comment on Clegg and Lansdall-Welfare's presentation of the research on grief and bereavement in these fields. Nonetheless, there are a few points in their review of the literature that I will briefly address, but only to prepare the way for the major topic of this commentary, which is the issue of meaning as it relates to intellectual disability.Intuitively, my sympathy would lie with social critics arguing for caution with regard to the [End Page 91] medicalization of mourning and grief (Clegg and Lansdall-Welfare 2003, 67-79). The loss of loved ones will oftentimes be a traumatic experience, but when it is, I tend to see the symptoms of distress following that experience as a sign of mental health, more than anything else. Losing a parent, sibling, or someone else who has been part of one's life, is not only missing the other person, it is missing a part of oneself. That being the case, it is only to be expected that, in some sense, life will never be again what it was. Replacing notions of recovery from a traumatic experience by notions of "adaptation and accommodation" (2003, 68) appears to me the more sensible approach.Therefore, I tend to be suspicious about notions such as "pathological grief." From a philosophical point of view, such a notion seems to betray a modernist conception of the human subject in control of its own action. Following that conception, human beings need to transform that which happens to them by means of their own action so that they have made it part of themselves. Being overcome with grief one is in an emotional state that as such is "pathological"—as Immanuel Kant had it—the main characteristic of which is its heteronomy. A person overcome by grief is controlled by passion instead... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 10.1 (2003) 87-89 [Access article in PDF] Death, Disability, and Dialogue Gerald Casenave IN THEIR INSIGHTFUL and constructive review, "Death, Disability, and Dogma," Jennifer Clegg and Richard Lansdall-Welfare manage to create the very dialogue that they argue is lacking. Their contention is that the lack of dialogue between different realms of discourse has led to rigid service response by caregivers that attempt (...) to address losses experienced by individuals with intellectual disabilities. They argue that this situation arises because of the complexity of the cultural meaning of death and the uncertainty of the meaning for individuals with intellectual disabilities.Their essay, in itself, is powerfully cross-disciplinary. They review the concept of bereavement from different perspectives: social science research, psychiatric practice, and underlying cultural meanings. This review indicates that social science research has moved from attempting to develop definitive statements about the meaning of death. From their review, it is possible to discern that there may have been an underlying positivist orientation that assumed that a univocal meaning to the loss experience can be discovered. But the only universal fact about death is that there is a loss. It is a significant life event. Going all the way back to the early work of Holmes and Rahe (1967), it is clear that the impact and meaning of the same life event varies from individual to individual. There are multiple layers of meaning that include at least one's larger culture, subgroup values, family meaning, and finally individual interpretation. Clegg and Landsdall-Welfare see the current findings of social science as pointing to the need to be sensitive to the meaning of the death event for the specific individual. It appears to be inappropriate to impose normative stages onto an individual's grief experience.The finding from the review of psychiatric investigation of loss experiences is that bereavement can contribute to health problems. The loss experience is not necessarily pathologic. This compares to the acknowledgement that depression and anxiety are not necessarily illnesses to be treated, but basic human coping mechanisms that can become problematic. Similarly, the loss experience can be a traumatic experience with negative health implications.Clegg and Landsdall-Welfare acknowledge the limited nature of their review of the role of culture in the meaning of the loss experience. But even so, it is clear that the larger cultural context contributes critically to the individual's experience of loss. Oversimplification and reductionistic approaches to the death experience result in insensitive, stereotypic, formulaic, and consequently unsuccessful intervention strategies.The problem, as Clegg and Landsdall-Welfare see it, is that these discoveries and insights have not been effectively integrated into the discourse about and interventions for loss experiences for individuals with intellectual disability. This failure has occurred because of the strong continued [End Page 87] effect of the normalization orientation in the field of intellectual disability and vulnerability of the meaning of life for individuals with intellectual disability.They caution against hasty attempts to integrate the insights on loss from various sources into the discourse on bereavement in the field of intellectual disability. They cite the fragility of meaning of life for individuals with intellectual disability. This fragility leaves them vulnerable to being overwhelmed by the larger discourse with a resulting loss of identity. Their brief mention at the conclusion of their essay of other contested concepts in other clinical services gives rise to thinking further.Clearly, the fundamental challenge for any discussion of the meaning of a loss experience is the complex nature of our understanding of death. First, there are problems with basic definitions of death from the perspective of science. But from an intervention and treatment perspective, the greatest problem has to do with our larger cultural discomfort in even discussing death and loss. The issue of intervention concerning loss for a specific population, such as those with intellectual disability, is in part only a reflection on our confusion concerning intervention in loss for any person, regardless of their disability status. Here again is confirmation of fundamental likeness across individual differences. This is not to be confused with normalization; rather, it... (shrink)

Kasper Lippert-Rasmussen’s interesting criticisms of the ideal of equality of opportunity for welfare provide a welcome occasion for rethinking the requirements of egalitarian distributive justice.1 In the essay he criticizes I had proposed that insofar as we think distributive justice requires equality of any sort, we should conceive of distributive equality as equal opportunity provision. Roughly put, my suggestion was that equality of opportunity for welfare obtains among a group of people when all would have the same expected (...) welfare over the course of their lives if each behaved as prudently as it would be reasonable to expect her to behave. My specific proposal was more demanding, holding that when an age cohort reaches the onset of responsible adulthood, they enjoy equal opportunity for welfare when for each of them, the best sequence of choices that it would be reasonable to expect the person to follow would yield the same expected welfare for all, the second-best sequence of choices would also yield the same expected welfare for all, and so on through the array of lifetime choice sequences each faces. (In the jargon of my 1989 essay, equal opportunity for welfare obtains when everyone faces effectively equivalent sets of life options.). (shrink)

Some theories of justice hold that individuals placed in fortunate circumstances through no merit or choice of their own are morally obligated to aid individuals placed in unfortunate circumstances through no fault or choice of their own. In these theories what are usually regarded as obligations of benevolence are reinterpreted as strict obligations of justice. A closely related view is that the institutions of a society should be arranged in a way that gives priority to helping people placed in unfortunate (...) circumstances through no fault or choice of their own. Any theory of this type needs a way of assessing individuals’ circumstances to determine who is fortunate and who is unfortunate. (shrink)

A notable achievement of T.M. Scanlon's What We Owe to Each Other is its sustained critique of welfarist consequentialism. Consequentialism is the doctrine that one morally ought always to do an act, of the alternatives, that brings about a state of affairs that is no less good than any other one could bring about. Welfarism is the view that what makes a state of affairs better or worse is some increasing function of the welfare for persons realized in it. (...) I shall argue that Scanlon’s critique, though containing much of interest, fails on its own terms. (shrink)

What is the best standard of interpersonal comparison for a broadly egalitarian theory of social justice?1 A broadly egalitarian theory is one that holds that justice requires that institutions and individual actions should be arranged to improve, to some degree, the quality of life of those who are worse off than others, or very badly off, or both.2 I shall add the specification that to qualify as broadly egalitarian, the theory must in some circumstances require action to aid the worse (...) off or very badly off even when such action would not maximize the aggregate sum of utility, welfare, or well-being. Any such view needs a standard of interpersonal comparison that allows us to distinguish better off from worse off persons. Recently two types of standard have attracted adherents. One is the resource-oriented approach developed by John Rawls and others, and the other is the capability approach associated with the work of Amartya Sen and Martha Nussbaum.3 Rawls has affirmed that the proper measure is an index of primary social goods, flexible, multi-purpose resources such that any rational person wants more rather than fewer of them. (shrink)

An experimental survey was undertakento explore the links between thecharacteristics of a moral issue, the degree ofmoral intensity/moral imperative associatedwith the issue, and people'sstated willingness to pay for policy toaddress the issue. Two farm animal welfareissues were chosen for comparison and thecontingent valuation method was used to elicitpeople's wtp. The findings of the surveysuggest that increases in moral characteristicsdo appear to result in an increase in moralintensity and the degree of moral imperativeassociated with an issue. Moreover, there was apositive link (...) between moral intensity/moralimperative associated with an issue andpeople's stated wtp for policy to address theissue. The paper discusses the relevance of thefindings of the survey in the context of thedebate concerning the relationship betweenmoral and economic values and the use of thecontingent valuation method to estimatepeople's wtp of policy options with moraldimensions. (shrink)

Political argument and institutions in the UnitedKingdom have frequently been represented as the products of ablend of nationalistic conservatism, liberal individualism andsocialism, in which consensus has been prized over ideology. This situation changed, as the standard story has it, with therise of Thatcherism in the late 1970s, and again with the arrivalof Tony Blair's ``New Labour'' pragmatism in the late 1990s. Solidarity as an element of political discourse makes itsappearance in the UK late in the day. It has been most (...) stronglylinked to the Third Way debate, as framed most influentially inthe work of Prof. Anthony Giddens.In this paper we review the history and pre-history of the debateon solidarity in the UK, focussing mostly on its implications forwelfare state reform. In particular we discuss the proposals forthe long-term care of the Elderly issued by the Royal Commissionon long-term care in 1999. In this context we critically examinethe idea that solidarity is a new concept in British politicalculture, and that it is a concept which has real political ``bite''in the project of welfare reform. We examine this through aconsideration of Giddens's attempted synthesis of politicalargument and social theory. (shrink)

Animal welfare has been conceptualized in such a way that the use of animals in science and for food seems justified. I argue that those who have done this have appropriated the concept of animal welfare, claiming to give a scientific account that is more objective than the sentimental account given by animal liberationists. This strategy seems to play a major role in supporting merely limited reform in the use of animals and seems to support the assumption that (...) there are conditions under which animals may be raised and slaughtered for food that are ethically acceptable. Reformists do not need to make this assumption, but they tend to conceptualize animal welfare is such a way that death does not count as harmful to the interests of animals, nor prolonged life a benefit. In addition to this prudential value assumption, some members of this community have developed strategies for defending suitably reformed farming practices as ethical even granting that death and some other forms of constraints are harms. One such strategy is the fiction of a domestic contract. However, if one accepts the conceptualization of human welfare give by L. W. Sumner, and applies it to animals in the way that I think is justified, an accurate conceptualization of animal welfare has different implications for which uses of animals should be regarded as ethically acceptable. In this paper I give an historical and philosophical account of animal welfare conceptulization and use this account to argue that animal breeders, as custodians of the animals they breed, have the ethical responsibility to help their animal wards achieve as much autonomy as possible in choosing the form of life made available to them and to provide that life. Attempts to avoid these implications by alluding to a contract model of the relationship between custodians and their wards fail to relieve custodians of their ethical responsibilities of care. (shrink)

The quest for a ``theory of nonhuman minds'''' to assessclaims about the moral status of animals is misguided. Misframedquestions about animal minds facilitate the appropriation ofanimal welfare by the animal user industry. When misframed, thesequestions shift the burden of proof unreasonably to animalwelfare regulators. An illustrative instance of misframing can befound in the US National Research Council''s 1998 publication thatreports professional efforts to define the psychologicalwell-being of nonhuman primates, a condition that the US 1985animal welfare act requires users (...) of primates to promote. Thereport claims that ``psychological well-being'''' is a hypotheticalconstruct whose validity can only be determined by a theory thatdefines its properties and links it to observed data. Thisconception is used to contest common knowledge about animalwelfare by treating psychological well-being as a mentalcondition whose properties are difficult to discover. Thisframework limits regulatory efforts to treat animal subjects lessoppressively and serves the interests of the user industry.A more liberatory framework can be constructed by recognizing thecontested nature of welfare norms, where competing conceptions ofanimal welfare have implications about norm-setting authority, asit does in other regulatory contexts, e.g., food safety. Properlyconceptualized welfare should include both the avoidance ofdistressful circumstances and the relationship between ananimal''s capacities to engage in enjoyable activities and itsopportunities to exercise these capacities. This conception ofanimal welfare avoids appropriation by scientific experts. (shrink)

Should India build a new steel mill, or London an urban motorway? Should higher education expand, or water supplies be improved? These are typical questions about which cost-benefit analysis has something to say. It is the main tool that economics provides for analysing problems of social choice. It also provides a useful vehicle for understanding the practical value of welfare economics. This new book of readings covers all the main problems that arise in a typical cost-benefit exercise. It is (...) entirely up-to-date, reflecting the most recent research in the area. Part I covers the main theoretical issues affecting cost-benefit analysis. Part II considers the problem of ascribing a monetary value to things. The third part covers six separate case studies drawn from real-life examples. The book begins with an extended elementary introduction written by the editors. (shrink)

What system of morals should rational people select as the best for society? Using a contemporary psychological theory of action and of motivation, Richard Brandt's Oxford lectures argue that the purpose of living should be to strive for the greatest good for the largest number of people. Brandt's discussions range from the concept of welfare to conflict between utilitarian moral codes and the dictates of self-interest. Copyright © Libri GmbH. All rights reserved.

Suppose there are two people having a moral disagreement about, say, abortion. They argue in a familiar way about whether fetuses have rights, whether a woman’s right to autonomy over her body overrides the fetus’s welfare, and so on. But then suppose one of the people says “Oh, it’s all just a matter of opinion; there’s no objective fact about whether fetuses have rights. When we say that something is morally forbidden, all we’re really doing is expressing our disapproval (...) of it.” The other person protests: “No!—that’s totally wrong. Of course there are objective moral truths.” And suppose their dispute now settles on this new matter of whether there are objective moral facts, and the debate continues. They’ve now stopped discussing abortion, and are discussing the nature of any moral debate about abortion; they’ve stopped doing ethics, and started doing metaethics. If wondering about what one morally ought to do is to engage in ethical thought, then wondering about what one is doing when one wonders about what one morally ought to do is to engage in metaethical thought. When we make public moral judgments are we stating facts, or are we just expressing our opinions? And if there are moral facts, then what kind of fact are they? Can moral judgments be true or false? Can moral judgments be justified, and if so how? These kinds of questions are the domain of metaethics. (I’m not saying that there is a crisp and principled line to be drawn between meta-ethics and regular ethical discourse; but it is, if nothing else, a pedagogically useful division of labor.). (shrink)

The COVID-19 crisis has forced a difficult trade-off between limiting the health impacts of the virus and maintaining economic activity. Welfare economics offers tools to conceptualize this trade-off so that policy-makers and the public can see clearly what is at stake. We review four such tools: the Value of Statistical Life (VSL); the Value of Statistical Life Years (VSLYs); Quality-Adjusted Life-Years (QALYs); and social welfare analysis, and argue that the latter are superior. We also discuss how to choose (...) policies that differentially affect people’s wellbeing. We argue in favor of evaluating policies using a Social Welfare Function (SWF), which evaluates the possible distributions of wellbeing across individuals that may result from a policy. Such a function, we argue, should regard increases in the wellbeing of the less well-off as especially valuable. We then use a model to illustrate how such a framework can help evaluate two broad policy types in response to the pandemic: eradication of the virus, and more lenient control of the spread. Our model reveals how such evaluations depend on many empirical facts but also on key value judgments about the relative importance of health and on the extent of special concern for the worse off. The purpose of this brief is not to make precise recommendations, as conditions vary widely across countries and over time, but to provide a methodology. (shrink)

With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong (...) system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark. (shrink)

The scholarly literature suggests high or increased tax burdens tend to reduce economic growth, lowering incomes. Some argue, however, that low taxes and high economic growth can have adverse income distribution consequences or can lead to utility-reducing under-consumption of needed public goods. Evidence is presented questioning those assertions. People seek happiness by moving, and tend to migrate to low tax areas. Moreover, there is little evidence that governmental expansion leads to truly greater equality. Appropriately measured, income equality is actually far (...) greater than typically claimed. Moreover, income data suggest that the international equalization of incomes and global reduction of poverty largely reflect private sector activity, namely market forces working where the rule of law and strong protection of property rights prevails. (shrink)

Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times (...) it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive equality grounded in the equal dignity of each human being which requires giving each person his or her "due" - what is his or hers as a matter of right - a requirement that is usually understood to be in direct conflict with the basic principles of aggregate social welfare theories such as utilitarianism or its modern variant, economic efficiency. The elaboration of this substantive equality and its implications for morality, justice, and law form the core of the natural-law or natural-right theories of law. In this article I build upon a summary and critique of John Finnis's natural law theory (1) to delineate the basic assumptions and principles of the natural law theory regarding the foundations of and relationships among morality, justice, and law; (2) to demonstrate the agreement of major natural law theorists, from Aristotle through Aquinas and Kant to Finnis, on these basic assumptions and principles; (3) to distinguish these basic assumptions and principles from those of the competing theories of utilitarianism and economic efficiency; and (4) to clarify the nature of and distinctions between the two basic divisions of substantive justice: distributive justice and interactive justice. I use the term "interactive justice" instead of the usual term, "corrective justice," since the former term is much more informative and precise in conveying the distinct nature and domain of this type of justice, whereas the latter term almost always misleads people into one or both of two related misconceptions: (1) that "corrective" justice is concerned solely with the correction of wrongful injuries and has nothing to say about the nature of the underlying wrongs or the prevention of their occurrence, and (2) that it is merely a remedial corollary of distributive justice which corrects deviations from the distributively just distribution. Distributive justice and interactive justice separately address the two fundamental problems of human existence, and they employ quite different criteria of equality to resolve those problems. Together, they seek to assure the attainment of the common good (the full realization, to the extent practicable, of each person's humanity) by providing each person with her fair share of the social stock of instrumental goods (positive freedom via distributive justice) and by securing her person and her existing stock of instrumental goods from interactions with others that are inconsistent with her status as a rational being with equal, absolute moral worth (negative freedom via interactive justice). (shrink)

A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the (...) concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless and, worse, forbidden. He analogizes unclear "orders" from a legislature to garbled battlefield communications, and argues that the duty of the recipient of those orders (the judge) is to advance as best he can the enterprise set on foot by the superiors. Case studies elaborate this thesis. Judicial decisions interpreting fixed texts, Judge Posner concludes, can be neither logically correct or incorrect, philosophically sound or unsound, until the ultimate jurist, time, has adjudged their results. (shrink)

Current globalization has its predecessor in the global market of the 19th century. In that time, the main sign of globalization was de socialization of the economy. That globalization ended during World War I as a result of applying the liberal ideology of de socialization to an economy. An attempt to rebuild the global market after World War I led to the global economic crisis (1929 1932), which in Germany allowed Nazis to take over and finally led to World War (...) II. In result of this development after the war, the idea of a welfare state arose in Western Europe. However, the problems brought about by realization of this idea led to further globalization and consequently to the rebuilding of the global market. It is clear that current globalization rebuilds also the process of de socialization of the economy. It seems that this causes the repetition of radicalizations from left to right extremist movements. The current global economic crisis or the combination of energy and environmental crises could end the current globalization trend in the same way as it was brought to an end in the first half of the 20th century. (shrink)

Political theory has a good deal to say both for and against the establishment of the modern welfare state. As one might expect, most of that discussion is directed toward the expanded set of basic rights that the state confers on its members. In its most canonical form, the welfare state represents a switch in vision from the regime of negative rights in the nineteenth century to the regime of positive rights so much in vogue today. Negative rights—an (...) inexact and somewhat misleading term— stress the right of an individual to be free from certain kinds of external interventions. These rights arrange themselves on two basic lists. The first list generates a set of civil capacities that all individuals enjoy over their own labor and property: the right to contract, to make wills, to sue and be sued, to give evidence, and the like. The second list, from which the term “negative rights” derives, protects all persons from interference, either by force or by fraud, in the conduct of their own affairs. The resulting set of rights is short, snappy, and knowable; it is internally consistent; and it prepares the stage for productive human behavior (exchange) while limiting destructive forms of behavior (theft). Even though it is not couched in explicit utilitarian language, it can surely be defended on general functional grounds. (shrink)

Sorabji surveys a vast range of Greek philosophical texts and considers how classical discussions of animals' capacities intersect with central questions, not only in ethics but in the definition of human rationality as well.

Recently in the U.S. a near-consensus has formed around the idea that it would be desirable to "end welfare as we know it," in the words of President Bill Clinton.1 In this context, the term "welfare" does not refer to the entire panoply of welfare state provision including government sponsored old age pensions, government provided medical care for the elderly, unemployment benefits for workers who have lost their jobs without being fired for cause, or aid to the (...) disabled. "Welfare" in contemporary debates means "cash, food, or housing assistance to healthy nonaged persons with low incomes."2 In the U.S., the main policy that qualifies as welfare in this sense is Aid to Families with Dependent Children.3 Although contemporary attacks on welfare are identified with conservative policy analysts such as Charles Murray, in fact dissatisfaction with the policies Murray targets for criticism is widespread among liberal intellectuals. For example, in a sharply critical review essay on Murray's book Losing Ground, Christopher Jencks worries that "the social policies that prevailed from 1964 to 1980 often seemed to reward vice" instead of rewarding virtuous conduct by the poor. The problem as Jencks, following Murray, views it is not easy to repair, because "if you set out to help people who are in trouble, you almost always find that most of them are to some extent responsible for their present troubles. Few victims are completely innocent. Helping those who are not doing their best to help themselves poses extraordinarily difficult moral and political problems."4 David T. Ellwood writes that Murray “is almost certainly correct in stating that welfare does not reflect or reinforce our most basic values. He is also correct in stating that no amount of tinkering with benefit levels or work rules will change that.”. (shrink)

Weaving together a diverse range of scholarly-activist intersectional voices from around the world, Critical Animal Studies and Activism: International Perspectives on Total Liberation and Intersectionality co-edited by Anthony J. Nocella II and Richard J. White makes a powerful contribution to knowledge and understanding. It is essential reading for environmentalists, animal advocates, social justice organizers, policy-makers, social change-makers, and indeed for all those who care about the future of this planet. This book spans many scholar disciplines and activist social movements, (...) and provides new insights to fundamental debates surrounding inter-species justice, liberation, and democracy. This critical theory for total liberation book expands the understanding of one struggle one fight: for human freedom, for animal rights, and for the liberation of the earth herself. Rooted in a radical praxis, the book argues that those in academia that claim critical animal studies, need to hit the streets with the protesters and the protesters need to join the theoretical conversations. Theory and practice and not binaries, but two pieces of a larger goal. Read this book and use its arguments to take the fight to smash capitalism, oppression, and domination in all its forms! (shrink)

This piece comprises short presentations given by contributors to a symposium organized by the journal Ethics & Social Welfare on the theme of global ethics for social work. The contributors offer their reflections on the extent to which universally accepted international statements of ethical principles in social work are possible or useful, engaging with debates about cultural diversity, relativism and the relevance of human rights in non-Western countries.

This book grapples with multispecies violent exploitations embedded in corridors of power within the Animal-Industrial Complex (A-IC). The A-IC is a useful framework for understanding how exploitative human-animal relations are central to capitalist relations and profit accumulation. 'A-IC-related-violence' - killing animals for economic gain - has a ripple effect which results in profound consequences for humans as well. This collection of international scholarship explores topics as varied as how A-IC-related-violence is reproduced and sustained through rapidly changing discursive strategies, ideological architecture, (...) and particular cultural forms that elide and legitimize animal cruelty. Several chapters expose collusion between governments, corporations and academia as central to maintaining dominance of A-IC-related-violence. Other scholars explore the trouble with making the conditions of "meat" production visible - of de-fetishizing meat commodities. The scholarship critically explores dynamic components of an apparatus that enables A-IC-related-violence and harm but is situated within the capitalist order and charts A-IC-related-violence as the key profit generating practice in select domains of the A-IC. The book unmasks inherent cruelties in a proliferation of social forms that ultimately reflect a socio-economic system that centralizes capitalist life characterized by endless growth, competitiveness, and profligate consumption. This is essential reading for those engaged in critical criminology, green criminology, violence studies, peace and conflict studies, critical animal studies or animal rights-oriented scholars. (shrink)

This major work of academic reference provides a comprehensive overview of the development of political thought from the late nineteenth to the end of the twentieth century. Written by a distinguished team of international contributors, this Cambridge History, first published in 2003, covers the rise of the welfare state and subsequent reactions to it, the fascist and communist critiques of and attempted alternatives to liberal democracy, the novel forms of political organisation occasioned by the rise of a mass electorate (...) and new social movements, the various intellectual traditions from positivism to post-modernism that have shaped the study of politics, the interaction between western and non-western traditions of political thought, and the challenge posed to the state by globalisation. Every major theme in twentieth-century political thought is covered in a series of chapters at once scholarly and accessible, of interest and relevance to students and scholars of politics at all levels from beginning undergraduate upwards. (shrink)

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

In this collection of essays, Richard Lichtman critically analyzes and applies Marx's theory of ideology to a range of philosophical, social, political and cultural issues. Tracing the changes in Marx's theory from an early «camera obscura» view to a later «constituitive» position, Lichtman shows how the mature theory can be used to understand the function of liberal political theory, equal protection and reverse discrimination, social theory, and finally, in a concluding essay, the nature of contemporary welfare capitalism and (...) a socialist alternative. (shrink)

Rational choice models are characterized by the image of the self-interested Homo economicus. The role of moral concerns, which may involve a concern for others' welfare in people's judgments and choices, questions the descriptive validity of such models. Increasing evidence of a role for perceived moral obligation within the expectancy-value-based theory of reasoned action and the theory of planned behavior indicates the importance of moral-normative influences in social behavior. In 2 studies, the influence of moral judgments on attitudes toward (...) food produced with the use of genetic engineering techniques and toward meat consumption is addressed. The reasons participants provide for their moral judgments indicate some foci of their moral concerns. The results of both studies corroborate earlier findings that perceived moral obligation has independent effects on behavioral intentions; they also provide evidence that such judgments may affect attitudes themselves. The results are discussed in relation to the need for attitude-behavior models to reflect the role of moral evaluations in judgment and choice. (shrink)

Many welfarists wish to assign to each possible state of the world a numerical value that measures something like its moral goodness. How are we to determine this quantity? This paper proposes a contractualist approach: a legitimate measure of moral goodness is one that could be justified to each member of the population in question. How do we justify a measure of moral goodness to each individual? Each individual recognises the measure of moral goodness must be a compromise between the (...) different levels of well-being within the population. Some compromises are more reasonable than others; and some are better justifiable to a given member of the population than others. Each member recognises that the social chooser's measure of moral goodness is going to have to deviate from the well-being function of at least some of the members of the population. But we can nonetheless justify it to each of them if it doesn't deviate more than is necessary, and if the deviations from each member are given equal weighting in whatever process we use to determine it. This paper proposes that we begin with a measure of the distance from a proposed compromise to an individual's level of well-being, and then say that the moral goodness is the candidate compromise that minimizes the sum of distances from it to the individuals' levels of well-being. I describe a range of such measures of distance and show that some give utilitarianism, others different versions of prioritarianism. (shrink)

Various writers point out that accepting the terms of a contract does not imply consent to the background conditions of this contract. This is an important critical insight allowing for a critical perspective on the principle of free contract, according to which the state should not interfere with what adult agents contractually agree upon. In this paper I argue that the practical relevance of this critical insight depends on the availability of answers to three questions: (1) Which are the core (...) features of baseline background conditions supporting a well-ordered labor market enhancing economic welfare? (2) In which cases and for which reasons are non-market institutions needed in order to support these features? (3) Under which conditions and at which levels can collective mechanisms be expected to support adequate non-market institutions ‘curing market failure’? Some of the core properties of labor markets and labor contracts are discussed which need to be taken into account in attempts to answer these questions, most notably problems of contract enforcement, market failure and collective action. (shrink)

This paper explores some aspects of the relation between different ways of achieving a consensus on the judgemental values of a group of indviduals; in particular, aggregation and deliberation. We argue firstly that the framing of an aggregation problem itself generates information that individuals are rationally obliged to take into account. And secondly that outputs of the deliberative process that this initiates is in tension with constraints on consensual values typically imposed by aggregation theory, at least when deliberation is modelled (...) as process of learning from others compatible with Bayesian updating principles. (shrink)