This article challenges the view most recently expounded by Emily Jackson that ‘decisional privacy’ ought to be respected in the realm of artificial reproduction (AR). On this view, it is considered an unjust infringement of individual liberty for the state to interfere with individual or group freedom artificially to produce a child. It is our contention that a proper evaluation of AR and of the relevance of welfare will be sensitive not only to the rights of ‘commissioning parties’ to (...) AR but also to public policy considerations. We argue that AR has implications for the common good, by involving matters of human reproduction, kinship, race, parenthood and identity. In this paper we challenge presuppositions concerning decisional privacy. We examine the essential commodification of human life implicit in AR and the systematicity that makes this possible. We address the objection that it is an ethically neutral way of having children and consider the problem of ‘existential debt’. After examining objections to the thesis that AR is illegitimate for reasons of public policy and the common good, we return to the issue of decisional privacy in the light of considerations concerning the legitimate role of the state in matters affecting human reproduction. (shrink)

In this objective, practical and authoritative introduction to animal law, the author examines the fundamental principles of the human-animal relationship and how those have, or have not, been translated into contemporary animal welfare law. The book describes the various uses of animals in society, the practical relevance of animal health and welfare to activities of professionals, and animal welfare in the context of global issues including climate change, disease control, food safety and food supply. It identifies 29 (...) key principles which guide animal law and welfare. Relevant to companion, farm, captive and wild animals, the book has international application in countries with both established and developing legislation. It focuses on the issues and principles, referencing contemporary animal welfare law to provide a global benchmark. The author acknowledges the diversity of views regarding animals as individual beings and beloved pets, to pure commodities. Yet animals need to be treated as one stakeholder, along with other interests, under the law. Based on successful courses run by the author and his own legal practice, the book combines science and ethics to provide an accessible introduction to the key principles of animal law and welfare. (shrink)

Stuart White and others claim that providing welfare benefits to citizens who do not, and are not willing to, work breaches the principle of reciprocity. This, they argue, justifies placing a minimum work requirement on welfare recipients. This article seeks to rebut their claim. It begins by rejecting the attempt to ground the work requirement on a civic obligation to work. The article then explores the principle of reciprocity, and argues that the practice of reciprocity depends (...) on the particular conception of distributive justice adopted. An examination of different interpretations of egalitarian justice and their corresponding patterns of reciprocity demonstrates that unconditional welfare benefits are compatible with, and sometimes even warranted by, the principle of reciprocity. Thus, imposing a work requirement on welfare recipients is by no means a mandate of reciprocity. Key Words: contractualism • unconditional basic income • reciprocity • welfare state • work. (shrink)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses government (...) interference to promote business interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

This article presents an overview of the institutional architecture and the organizing principles of the German welfare state, which is widely and rightly considered to be the model case of North West European Continental welfare states. The author's ambition is to be both systematic and historical in his presentation, emphasizing the process in which different layers of the historically evolved structure serve certain functions, such as poor relief, the protection of workers at work, the protection of workers outside (...) of work, the determination of wages, and the level of employment. In the second part of the essay, the question under discussion is of what happens to this structure under the impact of German unification, European integration, economic `globalization', and lasting labor market disequilibrium. The third and final part outlines a policy proposal that aims at the strengthening of social citizenship rights which replace the `worker' as the reference unit of social protection with the `citizen'. (shrink)

I provide a defence of the classical liberal tradition (from Locke and Smith to Hayek and Tomasi) as a blueprint for a 'bleeding-heart libertarian' framework of society. Such a society defends three principles: 1) Freedom from private coercion (Private Property), 2) Freedom from public coercion (Limited Government); and 3) Within these limits, the provision of a limited range of public goods and public welfare (Limited Welfare State). I show that principles can be abstracted from a reading of the (...) classical liberal tradition. Then, through an extensive analysis of Locke, I show the importance, and consequentialist justifications, of the Three Principles for any liberal welfare state. Through a critique of Nozick, I show the inadequacy of the hardcore libertarian interpretation. Then, I show that John Tomasi, Adam Smith and Friedrich Hayek have all defended versions of limited welfare states. On this basis, I propose that the Basic Income Guarantee (BIG) is a good example, supported by Hayek, Buchanan and Friedman, of a welfare principle that is compatible with bleeding-heart libertarianism. I believe we can justify, on the basis of a consequentialist theory, that the limited welfare state, which combines welfare with liberty, and the free market with a social safety net, has highly beneficial effects on the society. It thus suggests itself as a viable competitor to rights-based libertarianism and more expansive social liberalism. (shrink)

In the past decade, scholars such as Samuel Freeman, Martin O’Neill, Alan Thomas and others have argued that no matter how widely Rawls’s theory of justice (TJ) was understood as a defence of the welfare state (WS), the socio-economic system Rawls defends and always defended is property-owing democracy (POD). In this article I present the argument that Rawls did not defend POD in TJ. However, while the claim that it was POD the socio-economic system implied by the principle (...) of difference generated heated reactions by defenders of the WS, the argument I raise differs from most of them. In the article I maintain that, for Rawls, principles of justice underdetermine the choice of social systems, and that although this is true of both principles, it is especially true of the difference principle, whose ability to arbitrate between different social and economic policies is limited. I show how the attempt to uniquely determine the set of social and economic policies authorized by the difference principle clashes with what Rawls explicitly states in TJ and contrasts with central aspects of his sociological and political conception of socio-economic decision-making. Although my aim is to show that the difference principle itself does not discriminate among socio-economic systems, this does not preclude that additional reasons can help in narrowing the range of socio-economic systems allowed. With reference to the ideal of social union that Rawls expounds in the third part of TJ, I argue that TJ does, in fact, offer additional reasons to appraise the WS as preferable to POD. I maintain that the centrality Rawls attributes to the social unity of a just society provides the basis for an understanding of Rawls’s position towards POD after TJ. (shrink)

Over the past three decades, the Precautionary Principle (PP) has become popular in discussions of public policy, especially in relation to health and environmental policy. Though there are a number of different versions of the principle, the genesis of the idea is that it is better to be safe than sorry. In terms of public policy, proponents of the PP argue that being safe means that, if there is a possibility of harm from a new activity or novel (...) technology, even if the scientific evidence concerning the harm is absent or uncertain, precautionary actions should be taken. In one version or another, the PP has been incorporated into a number of laws and treaties. Yet arguments for the PP are unconvincing, the PP itself is vague and when enacted in law, results in arbitrary regulations that pose a threat to human welfare. As a result, the PP should be rejected as a basis for public policy. (shrink)

According to the Welfare Diffusion Objection, we should reject Prioritarianism because it implies the ‘desirability of welfare diffusion’: the claim that it can be better for there to be less total wellbeing spread thinly between a larger total number of people, rather than for there to be more total wellbeing, spread more generously between a smaller total number of people. I argue that while Prioritarianism does not directly imply the desirability of welfare diffusion, Prioritarians are nevertheless implicitly (...) committed to certain principles for comparing different-number populations which, together with the Prioritarian same-person axiology, imply the desirability of welfare diffusion. (shrink)

A case study is presented of the American Psychological Association (APA), as a health care organization that promotes human welfare. APA includes policies on human welfare in its Ethical Principles of Psychologists and even lists the advancement of psychology "as a means of promoting human welfare" on its letterhead. Nevertheless, APA has other policies and activities based on military and weapons work that appear to conflict with its promotion of human welfare. Although military work in and (...) of itself may not necessarily be problematic, work that contributes to people purposely being harmed or killed should be squared with the association's ethical guidelines. The results presented here show that this may not be the case: There currently appears to be little justification in the Ethical Principles for work intended to harm people. APA's active lobbying, research, and development for the military are documented here, in relation to an analysis of the Ethical Principles. APA's uncritical support for Operation Desert Storm is examined specifically, with regard to weapons technology and therapeutic treatment of U.S. soldiers on the battlefield. This one-sided support for victims of the war is not in keeping with a Hippocratic health care ethic to treat patients needing care, and to do so with neutrality and impartiality. Similarities to a historical example of nationalistic mental health ethics are discussed, with a review of the development of the German Institute for Psychological Research and Psychotherapy and of the German Society for Psychology in the Nazi wartime effort and the Holocaust. The results here show similar deficiencies in APA's ethical standards, not the least of which is that the code applies to individual members but not to APA policies, committees, or activities. This article concludes with suggested criteria for the Ethical Principles that would at least (a) recognize the ambiguities in systematically developing and using weapons to hurt people and (b) provide an initial rationale of potential justifications. (shrink)

The principles of organic farming espouse a holistic approach to agriculture that promotes sustainable and harmonious relationships amongst the natural environment, plants, and animals, as well as regard for animals’ physiological and behavioral needs. However, open aquaculture systems—both organic and conventional—present unresolved and significant challenges to the welfare of farmed and wild fish, as well as other wildlife, and to environmental integrity, due to water quality issues, escapes, parasites, predator control, and feed-source sustainability. Without addressing these issues, it is (...) unlikely that open net-pen aquaculture production can be compatible with the principles inherent to organic farming. (shrink)

The present paper argues that Rothbard’s economic case against the state is more robust than suggested by his critics. The charge that it might be anemic is based on the suggestion that we can say literally nothing about the way governmental acts bear on social utility. Contra this supposition we submit that Rothbard’s critics missed the fact that the effects of governmental interventions might be actually indeterminate in two ways: weakly or strongly. If the indeterminacy involved in his welfare (...) theory is weak, then his economic criticism of the state is more robust than envisaged by these authors. To the effect that this indeterminacy is indeed weak we advance the following reasons: Rothbard’s understanding of the Unanimity Rule; the avoidance of the contradiction allegedly committed by Rothbard over one and the same page of his famous essay; his economic criticism of interventionism being better aligned with his overall ethical anti-governmental stance; the principle of charitable reading, which cuts across all of the previously stated reasons. If our arguments count for something, then we are warranted in claiming that Rothbard is indeed able to say something about social utility under interventionism. And if so, then his criticism of interventionism should be viewed as robust rather than anemic. (shrink)

This volume presents a framework of general principles for animal research ethics together with an analysis of the principles' meaning and moral requirements. Tom L. Beauchamp and David DeGrazia's comprehensive framework addresses ethical requirements pertaining to societal benefit and features a thorough, ethically defensible program of animal welfare. The book also features commentaries on the framework of principles by eminent figures in animal research ethics from an array of relevant disciplines: veterinary medicine, biomedical research, biology, zoology, comparative psychology, primatology, (...) law, and bioethics. (shrink)

Whether the justification at stake is ethical or juridical, all attempts to argue for the welfare principle in Kant’s metaphysics of morals are unsuccessful. This principle cannot be justified a priori in Kant’s context. However, it is not only possible but also necessary to argue for a certain degree of social welfare in politics as the practice of right; otherwise, Kant’s project of political practice, with enlightenment as its core concept, will inevitably fail. Enlightenment requires that (...) the state be committed to reducing the impact of an unequal social structure on individuals so as to preserve the possibility of their enlightenment. However, it also imposes limits on state-sponsored social welfare because excessive social welfare could lead to a general minority. (shrink)

The welfare of the child is the prevailing principle and concern regarding access to assisted reproduction in Western countries today, and there is a wish to avoid harm to future children. New research fields have developed in order to provide scientific evidence on the welfare of children living with different “types” of parents. Assisted reproductive technologies (ART) seems to be heading in a responsible direction where the care and concern for future children is vital. However, the claim (...) of this article is that the principle of the welfare of the child confuses the ethical framing of ART. Several philosophers in the past have argued that potential people must be regarded as outside the moral domain, and therefore cannot be harmed or benefitted. This message has not reached the policymakers, probably because the welfare of the child principle seems to fit so elegantly with common sense. In this article a different ethical framing of ART is proposed. The author argues that “futile care” and not “the welfare of the child” should be the guiding principle for eventually rejecting access to ART. The desired goal of ART treatment should be understood to be the production of functional families. Assisted reproduction is primarily about us, actual people in an actual society, and how potential children may affect us. (shrink)

Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social life, by providing support (...) and furthering the choices of others seeking to engage with them. The desistance paradigm (viewing desistance from offending as a process, following from an offender’s active choice in the context of stabilising social structures and personal circumstances), implies that a supportive environment may facilitate reduced recidivism. While decisions about criminal culpability need justice, we may use state resources most effectively by also including care ethics in our thinking about punishment. (shrink)

Swedish welfare has for decades served as a role model foruniversalistic welfare. When the economic recession hit Swedish economyin the beginning of the 1990s, a period of more than 50 years ofcontinuous expansion and reforms in the welfare sector came to an end.Summing up the past decade, we can see that the economic downturnenforced rationing measures in most parts of the welfare state, althoughmost of this took place in the beginning of the decade. Today, most ofthe (...) retrenchment has stopped and in some areas we can see tendencies ofrestoration – but more so in financial benefits than in the caringsectors. In the article this process is discussed as a process ofreallocation where general principles of solidarity become manifest.Various levels of decision making are discussed within the context ofsocio-political action. Current transitions in Swedish health care aredescribed with respect to coverage rates, content, marketisation anddistribution. Basic principles of distribution are highlighted in orderto analyse the meaning of social solidarity in a concrete allocativesetting. The significance of popular opinion – it's shifts anddeterminants – is also considered. The article concludes with adiscussion of how the (once salient) features of universalism inwelfare and health care provision have been affected by the developmentsin the past decade in Sweden. (shrink)

The article analyzes the features of three main models of the welfare state: German, Northern European, and Anglo-Saxon. The author turns to the analysis of these models, first, because the problem of the welfare state in the world is again coming to the fore, and secondly, because social development in the most developed countries, in the author’s opinion, in the future will be largely determined by the values and behavioral models that are embedded in the three main versions (...) of the social state in Europe. From the author’s point of view, the key features of the European social model, which combines these three versions, are respect for rights and human dignity, the ideas of equality and solidarity, the ideas of social and political compromise, and the choice of an evolutionary path of development. According to the author, these features are the main difference between the European model and what characterizes the political culture of Russia with its maximalism and tendency to extremes. The author believes that the social experience of Europe is something that needs to be addressed today in Russian conditions and that can be extremely valuable for us. At the same time, as shown in the article, the welfare state in Europe has important country features. The German model is characterized by an emphasis on maintaining the socio-economic status of the individual – this is a conservative model. The Northern European model is based on the principles of universal equality and universalism – it is a social-democratic model. And the Anglo-Saxon model, based on the low role of the state, on the great importance of civil society, is a liberal model. Nevertheless, despite significant differences, as shown in the article, all these models are characterized by the desire to implement compromise principles, to find a “Golden mean,” which makes them highly effective. (shrink)

The purpose of den trials is to assess innate ability and preparedness of dachshunds and terriers to work in natural beds in order to control fox numbers. International earthdog trials within the period 2009–2018 were evaluated in Slovakia, in which 1812 dogs participated, of which terriers represented 61.36% and dachshunds 38.64%. Depending on the way of work, dogs of these breeds work as bayer, bolter or hard dog. The test rules were compared in terms of animal protection, principles of ethics (...) and welfare requirements in the Visegrad countries. We investigated the extent to which animals used in trials are exposed to suffering in the countries under review. During the den trials in Slovakia, there is a direct physical contact between the dog and the fox, where the foxes are unnecessarily exposed to excessive stress, injury and pain and violated by Five Animal Welfare Needs, in particular the need to protect against pain, injury and disease. Due to non-compliance with the welfare, we propose a change in the examination rules in the earthdog work in Slovakia. Non-parametric Chi square statistic to analyse group differences when the dependent variable is measured at nominal level was used. (shrink)

The concept of natural behavior is a key element in current Dutch policy-making on animal welfare. It emphasizes that animals need positive experiences, in addition to minimized suffering. This paper interprets the concept of natural behavior in the context of the scientific framework for welfare assessment. Natural behavior may be defined as behavior that animals have a tendency to exhibit under natural conditions, because these behaviors are pleasurable and promote biological functioning. Animal welfare is the quality of (...) life as perceived by the animal. Animals have evolved cognitive-emotional systems (“welfare needs”) to deal with a variable environment. Animals do not only have so-called physiological needs such as the need for food, water, and thermal comfort. They also need to exercise certain natural behaviors such as rooting or nest-building in pigs, and scratching or dust-bathing in poultry. All needs must be taken into account in order to assess overall welfare. The degree of need satisfaction and frustration can be assessed from scientific information about the intensity, duration, and incidence of (welfare) performance criteria such as measurements of behavior and/or (patho)physiology. Positive welfare value relates to how animals are inclined to behave under natural conditions, in preference tests, and in consumer-demand studies. Negative welfare value relates to stress, frustration, abnormal behavior, aggression, and reduced fitness. Examples are given to illustrate how the need to perform natural behaviors can be assessed following the general principles for welfare assessment, providing a first approximation of how different natural behaviors affect animal welfare. (shrink)

Animal behaviour and welfare research are part of a wider endeavour to optimize the health and wellbeing of humans, animals and ecosystems. As such, it is part of the One Health research agenda. This article applies ethical principles described by the One Health High Level Expert Panel to animal behaviour and welfare research. These principles entail that animal behaviour and welfare research should be valued equitably alongside other research in transdisciplinary and multisectoral collaboration. It should include and (...) promote a multiplicity of marginalized voices, including those of animals, and it should apply and describe a harmonious balance between human—animal-environment interactions. Lastly, it should describe how humans need to change behaviour, adopt sustainable solutions and recognize the importance of animal welfare and the integrity of the whole ecosystem. (shrink)

Children are individuals, and they are owed rights as individuals. Here, I offer a defence of the child's right to bodily integrity against genital cutting and modification practices. The liberal commitment to the right to bodily integrity works with the harm principle as a liberty limiting commitment within a system that respects people's embodied moral personhood and their decisions about their lives and bodies. Like adults within a political system committed to the equal protection of individual rights, children must (...) have equal rights that transcend the differences between them. But, they are different to adults in important ways, both philosophically and empirically. I offer an account of the child's right to bodily integrity that recognises them as particular embodied individuals, and prioritises their welfare interest in having their bodily integrity respected. (shrink)

Abstract:In this discussion I revisit the animal welfare-environmental ethics debate, including a recent argument by Ian Campbell in this journal, that its underlying values are incommensurable at the level of principle, making them hard to reconcile, even in practice. By relying on the geocentric framework of William Lynn and the capabilities approach of Martha Nussbaum, as well as a place-specific example of wild horse protection policies, I argue that it is possible to balance these competing values. In light (...) of the pervasive presence of non-native animals, as well as habitat loss and other threats to self-sustaining ecosystems, binary choices are fast becoming anachronistic. Case-by-case analyses are necessary in order to assess how to grant equitable consideration to complex claims. (shrink)

Murray N. Rothbard’s _Toward a Reconstruction of Utility and Welfare Economics_ is the defining contribution outlining the Austrian school’s approach to welfare theory. A recent attack on this approach is by Wysocki and Dominiak (2023), who argue, contra Rothbard, that whether an exchange is welfare-enhancing is not necessarily related to whether that exchange is just, and therefore the Rothbardian framework is wrong. This paper shows that their argument misconceives how Austrians treat the concept of welfare. They (...) also misunderstand the crucial role of the principle of demonstrated preference. Properly conceived, Rothbard’s reconstruction remains intact. (shrink)

When I was Dickinson Miller's assistant from 1940 to 1942, I soon realized that I had encountered an unusually powerful, acute, and original mind and a writer whose clear but vivid style matched the high quality of his intelligence. These traits were apparent in his comments about eminent philosophers with whom he had associated - particularly William James but also Santayana, Dewey, Husserl, and Wittgenstein - and in the mutual criticism he demanded of his writing and my first efforts. I (...) was pleased and felt immensely privileged to share in his planning of a book devoted to "analysis, the method of philosophy at work" as in his articles on the knowledge-problem, induction, and free will. In view of the penetration of his articles, such a book seemed long overdue as James had insisted even in 1905. When Miller's projected book on "analysis at work" did not appear by 1956, I consulted him about putting together a collection of his published essays. Such a collection seemed but slight homage to one who had made such a striking contribution to American philosophy in rela tion to James and one from whom I had learned so much. He felt, however, that such a collection would be inappropriate and preferred to concentrate on a book, never finished, on "the principles of practical intelligence", the application of intelligence in a "morality of results" for human welfare. (shrink)

In 2005, The International Federation of Organic Agricultural Movements (IFOAM) developed four new ethical principles of organic agriculture to guide its future development: the principles of health, ecology, care, and fairness. The key distinctive concept of animal welfare in organic agriculture combines naturalness and human care, and can be linked meaningfully with these principles. In practice, a number of challenges are connected with making organic livestock systems work. These challenges are particularly dominant in immature agro-ecological systems, for example those (...) that are characterized by industrialization and monoculture. Some of the current challenges are partly created by shortages of land and manure, which encourage zero-grazing and other confined systems. Other challenges are created in part by the conditions for farming and the way in which global food distribution systems are organized, e.g., how live animals are transported, how feed is traded and transported all over the globe, and the development of infrastructure and large herds. We find that the overall organic principles should be included when formulating guidelines for practical organic animal farming. This article explores how the special organic conceptions of animal welfare are related to the overall principles of organic agriculture. The aim is to identify potential routes for future development of organic livestock systems in different contexts and with reference to the specific understanding of animal welfare in organic agriculture. We include two contrasting cases represented by organic livestock systems in northwestern Europe and farming systems in tropical low-income countries; we use these cases to explore the widely different challenges of organic livestock systems in different parts of the world. (shrink)

This essay examines the educational opportunities of people in poverty who receive social welfare assistance. The dominant political theory underlying social policy (including education policy) in the United States has evolved from 1960s and 1970s welfare liberalism into 1980s and 1990s style neo-conservatism—a theory that embraces principles of the market and individual liberty as paramount social values. Against this backdrop, I review two recent books that provide compelling evidence for this turn and I call for increased understanding of (...) the relationship between social welfare policies and higher education opportunities for those in poverty. (shrink)

Recently, convergence liberals, such as Kevin Vallier, argue that the principle of social insurance could be publicly justified. Our paper challenges this marriage of convergence liberalism and welfare state. We begin by examining Vallier’s three reasons for the principle of social insurance: risk aversion, injustice and the promotion of political trust. We then argue that all these reasons are intelligibly objectionable. After examining five possible responses that convergence liberals may offer, this paper concludes that the principle (...) of social insurance is not conclusively justified in the convergence conception of public justification. (shrink)

When, if ever, is it better to spend money to improve pig welfare over chicken welfare? Which species of fish is worst off in commercial aquaculture operations? When, if ever, would humans benefit less from a policy than animals stand to lose? The answers to these questions involve making interspecies welfare comparisons—assessments of how well or poorly the members of one species are faring compared to the members of another species. It’s important to answer these questions, as (...) governments, NGOs, and private actors regularly make decisions that assume particular views about them. However, there is no accepted method for making interspecies welfare comparisons; welfare assessment tools are designed to make comparisons within species, not across them. This volume addresses this crucial gap in the literature: it proposes a methodology for making such comparisons, it puts that methodology into practice, and then reports some tentative, proof-of-concept results. This book reports the results of a collaborative, 20-month, interdisciplinary project on making interspecies welfare comparisons. It includes contributions from philosophers, neuroscientists, comparative psychologists, animal welfare scientists, and many others. Unlike many edited volumes, this book is the product of a joint enterprise with a specific, shared goal: to develop a way to make principled comparisons between courses of action that affect different kinds of animals. This book reflects the contributors’ collective view about one way to achieve that goal. (shrink)

This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that is, the (...) right to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty. (shrink)

Defenders of current restrictions on EU immigrants’ access to welfare rights in host member states often invoke a principle of reciprocity among member states to justify these policies. The argument is that membership of a system of social cooperation triggers duties of reciprocity characteristic of welfare rights. Newly arriving EU immigrants who look for work do not meet the relevant criteria of membership, the argument goes, because they have not yet contributed enough to qualify as members on (...) the grounds of reciprocity. Therefore, current restrictions on their access to welfare rights are justified. In this article, I challenge this argument by showing how restrictions on EU immigrants’ access to welfare rights are inconsistent with duties of international reciprocity. There are different variations of this challenge, but my focus here will be on one that uses a veil of ignorance device to support this claim. What matters from a perspective concerned with international reciprocity, I will argue, is what kind of welfare policy EU member states would choose were they not to know whether those receiving EU migrants were net contributors or net beneficiaries to the relevant scheme of international cooperation made possible by the four freedoms, and freedom of movement in particular. I argue that framing the requirement of reciprocity in this way provides a more comprehensive understanding of what should count as an ‘unreasonable burden’ on the welfare systems of host member states. The paper also examines alternative accounts of ‘unreasonable burdens’. It shows when and how the current institutional structure of the EU could take steps to deal with such burdens by preventing member states from gaming a comprehensive system of welfare rights protections across member states and by recognising the achievements of those member states that best serve them. (shrink)

Libertarianism has long been known for its opposition to a right to welfare, In this paper, I will oppose this view of libertarianism, maintaining that the libertarian’s own ideal of liberty requires just such a right to welfare. I begin by showing that there are conflicts of negative liberty between the rich and the poor. I then argue that when these conflicts are evaluated by the “ought “ implies “can” principle, the liberty of the poor has priority (...) over the liberty of the rich, and it is this priority that provides the grounds for a right to welfare. Along the way, I argue that there are not two interpretations of libertarianism - an ideal based versionand a rights-based version - but only one and this interpretation supports a right to welfare. (shrink)

Miss Telfer offers a new analysis, classifying health care into four systems, only one of which, the 'laissez-faire' type, is unlikely to be acceptable today. The other three systems are defined here as 'liberal humanitarian', 'liberal socialist' and 'pure socialist'. Each is analysed for its content and for the views of its protagonists and antagonists. On these issues no dogma is proclaimed as the author says she has sought to 'bring out some of the principles at issue in any discussion (...) of the rights and wrongs of socialized medicine'. This journal is surely the proper place for such a discussion as the worlds of the politician, of the economist, of the doctor and of the patient come to a point in the philosophies behind the aspect of medical ethics exemplified in the provision of medical services by the state. Miss Telfer also glances down the byways of the medicine of the market place. (shrink)

Advance care planning refers to the process of determining how one wants to be cared for in the event that one is no longer competent to make one's own medical decisions. Some have argued that advance care plans often fail to be normatively binding on caretakers because those plans do not reflect the interests of patients once they enter an incompetent state. In this article, we argue that when the core medical ethical principles of respect for patient autonomy, honest and (...) adequate disclosure of information, institutional transparency, and concern for patient welfare are upheld, a policy that would allow for the disregard of advance care plans is self-defeating. This is because when the four principles are upheld, a patient's willingness to undergo treatment depends critically on the willingness of her caretakers to honor the wishes she has outlined in her advance care plan. A patient who fears that her caretakers will not honor her wishes may choose to avoid medical care so as to limit the influence of her caretakers in the future, which may lead to worse medical outcomes than if she had undergone care. In order to avoid worse medical outcomes and uphold the four core principles, caregivers who are concerned about the future welfare of their patients should focus on improving advance care planning and commit to honoring their patients’ advance care plans. (shrink)

The Principle of Procreative Beneficence claims that we have a moral obligation, where choice is possible, to choose to create the best child we can. The existence of this moral obligation has been proposed by John Harris and Julian Savulescu and has proved controversial on many levels, not least that it is eugenics, asking us to produce the best children we can, not for the sake of that child's welfare, but in order to make a better society. These (...) are strong claims that require robust justification that can be open to scrutiny and debate. This article argues that robust justifications are currently lacking in the work of Savulescu and Harris. The justifications provided for their conclusions about this obligation to have the best child possible rely heavily on Derek Parfit's Non-Identity Problem and the intuitive response this provokes in many of us. Unfortunately Harris and Savulescu do not embrace the entirety of the Non-Identity Problem and the puzzle that it presents. The Non-Identity Problem actually provides a refutation of PPB. In order to establish PPB as a credible and defendable principle, Harris and Savulescu need to find what has eluded Parfit and many others: a solution to the Non-Identity Problem and thus an overturning of the refutation it provides for PPB. While Harris and Savulescu do hint at possible but highly problematic solutions to the Non-Identity Problem, these are not developed or defended. As a result their controversial is left supported by little more than intuition. (shrink)

To determine whether fish welfare matters morally, we need to know what characteristics or capacities beings need to have in order to be morally considerable, and whether fish have such characteristics. In this paper I discuss a group of theories, Kantian practical reasoning theories, in which agency (or practical rationality) is traditionally thought to be a necessary condition for moral considerability. An individual must have quite sophisticated capacities to be a (moral) agent in such theories: she must be able (...) to act on rational principles. It seems unlikely that nonhuman animals such as fish have such capacities. I argue, however, that on the basis of certain Kantian arguments, moral agents have reason to accept duties to nonrational animals if they are agents in a much less demanding sense: if they are motivated to pursue the objects of their desires. If fish have this capacity, their welfare matters morally. (shrink)

The spectacle of the relentless use and abuse of animals in various human enterprises led some human beings to formulate animal welfare policies and to offer philosophical arguments on the basis of which the humane treatment of animals could be defended rationally. According to the animal welfare concept, animals should be provided some comfort and freedom of movement in the period prior to the moment when they are killed. This concept emphasizes the physiological, psychological, and natural aspects of (...) animal life with the focus on freedom. Ironically, however it is not concerned with the rights of animals; nor is it interested in their remaining alive. So, animals are least benefitted by such provisions, which is the major concern for those who defend animal rights. It seems dubious to demand comfort for a being in life, but not security for its actual life, since rights and freedom are essential for the maintenance of a normal life. This paper aims to critically analyze the animal welfare system, which prioritizes only freedom; to demonstrate how animal welfare is incomplete without animal rights and how they are closely related to each other; and to bridge the gap between animal welfare and animal rights. The underlying principle of animal welfare concept is restricted by its anthropocentric framework with the result that the ethical element is missing. Mere ‘freedom’ is not sufficient for constituting an ideal animal welfare domain. In order to achieve real animal well-being, it is necessary to consider both the rights as well as the welfare of animals. (shrink)

Ethical principles play an important part not only in the promulgation of regulations but also in their application, i.e., enforcement and adjudication. While traditional ethical principles – promotion of welfare, freedom, and fairness – play an important role in both elements of regulation, some other kinds of ethical principles are significant as well. Principles governing the structure of decision processes should shape the structure and actions of agencies; principles of wise application should govern the work of those whose responsibility (...) it is to apply regulatory language to particular situations. These points are demonstrated by investigating a case study: federal regulations designed to protect children involved in scientific research applied to a placebo study of the effects of recombinant human growth hormone on children of extremely short stature. Keywords: ethics, interpretation, regulation, research CiteULike Connotea Del.icio.us What's this? (shrink)

In English medical law, it is something of an axiom that adult competent patients have an absolute right to refuse all and any medical treatment, including potentially life-saving and life-sustaining treatment. This legal proposition, which is embedded in the doctrine of consent, has for the last few decades been regarded as the expression of the philosophical principle of personal autonomy and ethical right of self-determination. The Western ethical and legal traditions places heavy emphasis on notions of personal sovereignty reflected (...) in the strong rhetorical entrenchment of patient autonomy in judicial determinations of treatment refusal cases. In a spate of legal cases in the 1980s and 1990s judicial rhetoric .. (shrink)

The principle of subsidiarity can be an effective tool for adjusting economic systems and establishing the social rule-of-law concept in public organisation. In considering the usability of the principle of subsidiarity, the following aspects thereof are discussed: the role in the development of the European social model; employment in determining limits for the powers of the public and private sectors; the application in the market and planned economy systems; and the social justice function in the development of a (...) social welfare state. The principle of subsidiarity as an instrument for individuals’ interests, balancing and adjusting in the regulation of economic systems, helps to establish the relative sizes of public policy and the market, as subsidiarity can help ensure a more equitable distribution of public goods while guaranteeing the maintenance of the creative potency of operators and minimal satisfaction of vital needs of individuals unable to contribute to the production of goods. It amounts to a constitutional measure determining the balance of productive and protective state, thus ensuring the stability of the state organisation. In the concept of a social rule-of-law state, subsidiarity draws clear limits to the state’s powers, institutionally bringing together efforts of all members of the community to achieve welfare in the state. (shrink)

In a number of works, James M. Buchanan set out a proposal for a ‘demogrant’— a form of universal basic income that applied the principles of generality and non discrimination to the tax and the transfer sides of the scheme and was to be implemented as a constitutional rule outside the realm of day-to-day politics. The demogrant has received surprisingly little scholarly attention, but this article locates it in Buchanan’s broader constitutional political economy project and shows it was a logical (...) application of his theoretical framework to the problem of inefficient and unfair welfare systems when reform to the basic institutions of majoritarian democracy was not forthcoming. The demogrant aims to end the problems of majority cycling and rent seeking that plague contemporary welfare states and therefore offers a model of welfare without rent seeking—a constitutional welfare state. We compare Buchanan’s demogrant model to other universal basic income and negative income tax models and consider the most important criticisms. We conclude that rescuing the demogrant model from relative obscurity would be a fruitful future task of applied constitutional political economy and public choice. (shrink)

The purpose of the present contribution is to explore how the ECJ seeks to respect the principles underpinning national welfare systems, notably social solidarity, whilst ensuring that Member States comply with the substantive law of the European Union, in particular with the Treaty provisions on the fundamental freedoms and EU citizenship. It is submitted that in order to reconcile those two interests the ECJ has taken the view that nationals of the host Member State must show a certain degree (...) of financial solidarity with the nationals of other Member States who have established a ‘genuine or real link’ with the society of that State. With a view to establishing the existence of such a link, national authorities of the host Member State must engage in a case-by-case assessment of the personal circumstances of the EU citizen claiming social benefits. However, Förster is an important exception to the individual application of the ‘genuine or real link’ test. Although Förster does not overrule Bidar as a matter of principle, it exempts the host Member State from examining the personal situation of economically inactive students who apply for maintenance grants or student loans but have not yet completed a five-year period of residence. (shrink)

Cranston argued that scarcity makes universal welfare rights impossible. After showing that this argument cannot be avoided by denying scarcity, I consider four challenges to the argument which accept the possibility of conflicts between the duties implied by rights. The first denies the agglomeration principle; the second embraces conflicts of duties; the third affirms the violability of all rights-based duties; and the fourth denies that duties to compensate are overriding. I argue that all four challenges to the scarcity (...) argument are unsuccessful. I then discuss Eddy’s recent challenge, which makes welfare rights context dependent, but I argue that this also fails because it makes rights unknowable. I conclude that the scarcity argument, restated in the light of the discussion, shows that universal welfare rights, as ordinarily understood, are impossible and I explain the philosophical and practical significance of this conclusion. (shrink)