In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest
Recent and ongoing developments in science and technology - such as the prevention and treatment of disease through genetics and the development of increasingly sophisticated computer systems with wide-ranging applications - hold out the promise of vastly improving the quality of human life, but they can also raise serious ethical, legal, and public policy questions. The thirteen essays in this volume address these questions and related issues from a variety of perspectives. Written by prominent philosophers, economists, and legal theorists, these essays offer valuable insights into the nature of scientific innovation and its implications for our social policies and practices.
Since the end of the Cold War, there has been increasing interest in the global dimensions of a host of public policy issues - issues involving war and peace, terrorism, international law, regulation of commerce, environmental protection, and disparities of wealth, income, and access to medical care. Especially pressing is the question of whether it is possible to formulate principles of justice that are valid not merely within a single society but across national borders. The thirteen essays in this volume explore a range of issues that are central to contemporary discussions of global politics. Written by prominent philosophers, political scientists, economists, and legal theorists, they offer valuable contributions to current debates over the nature of justice and its implications for the development of international law and international institutions.
The essays in this collection investigate two political traditions and their critical interactions. The first series of essays deals with the development of natural rights individualism, some examining its origins in the thought of the seminal political theorist, John Locke, and the influential constitutional theorist, Montesquieu, others the impact of their theories on intellectual leaders during the American Revolution and the Founding era, and still others the culmination of this tradition in the writings of nineteenth-century individualists such as Lysander Spooner. The second series of essays focuses on the Progressive repudiation of natural rights individualism and its far-reaching effect on American politics and public policy.
The essays in this volume - written by prominent philosophers, political scientists and legal scholars - address the basic purposes of constitutions and their status as fundamental law. Some deal with specific constitutional provisions: they ask, for example, which branches of government should have the authority to conduct foreign policy, or how the judiciary should be organized, or what role a preamble should play in a nation's founding document. Other essays explore questions of constitutional design: they consider the advantages of a federal system of government, or the challenges of designing a constitution for a pluralistic society - or they ask what form of constitution best promotes personal liberty and economic prosperity.
The institution of private property lies at the heart of contemporary Western societies. However, what are the limits of property ownership? Do principles of justice require some measure of governmental redistribution of property in order to relieve poverty or to promote greater equality among citizens? And what do principles of justice have to say about individuals' ownership of their own talents and the products of their labor, and about the initial acquisition of land and natural resources? The essays in this volume, written by eleven prominent political and moral philosophers, address these questions and explore related issues. A number of them consider the theoretical foundations of property ownership, asking how the rights of individuals to acquire property can be justified, and how extensive these rights are. Some focus on the concept of self-ownership, discussing how the individual's right to control their own mind, body and actions relates to their right to gain control over e
Philosophers since ancient times have pondered how we can know whether moral claims are true or false. The first half of the twentieth century witnessed widespread skepticism concerning the possibility of moral knowledge. Indeed, some argued that moral statements lacked cognitive content altogether, because they were not susceptible to empirical verification. The British philosopher A. J. Ayer contends that 'They are pure expressions of feeling and as such do not come under the category of truth and falsehood. They are unverifiable … because they do not express genuine propositions.' The second half of the twentieth century brought a revival of interest among philosophers in moral and political questions. Whether or not ethics can be founded upon a rational basis continues to preoccupy the philosophical community even now.
The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyse different theories of causality, asking which theory offers the best account of human agency and the most satisfactory resolution of troubling controversies about free will and determinism. Some essays look at responsibility in the legal realm, seeking to determine how the law should assign liability for negligence, or whether the courts should allow defendants to offer excuses for their wrongdoing or to claim some form of 'diminished responsibility'. Other essays explore libertarian views about political freedom and accountability, asking whether libertarian positions on consent, contract law, and responsibility are consistent, or whether restitution is superior to retribution or deterrence as a basis for a theory of corrective justice. Still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emot
The essays in this volume examine the nature of human flourishing and its relationship to a variety of other key concepts in moral theory. Some of them trace the link between flourishing and human nature, asking whether a theory of human nature can allow us to develop an objective list of goods that are of value to all agents, regardless of their individual purposes or aims. Some essays look at the role of friendships or parent-child relationships in a good life, or seek to determine whether an ethical theory based on human flourishing can accommodate concern for others for their own sake. Other essays analyze the function of families or other social-political institutions in promoting the flourishing of individuals. Still others explore the implications of flourishing for political theory, asking whether considerations of human flourishing can help us to derive principles of social justice.
Technological innovations and social developments have led to dramatic changes in the practice of medicine and in the way that scientists conduct medical research. Change has brought beneficial consequences, yet these gains have come at a cost, for many modern medical practices raise troubling ethical questions: Should life be sustained mechanically when the brain's functions have ceased? Should potential parents be permitted to manipulate the genetic characteristics of their embryos? Should society ration medical care to control costs? Should fetal stem cells be experimented upon in an effort to eventually palliate or cure debilitating diseases? Bioethicists analyze and assess moral dilemmas raised by medical research and innovative treatments; they also counsel healthcare practitioners, patients, and their families. In this anthology, fifteen philosophers, social scientists, and academic lawyers assess various aspects of this field.
Complicating the ancient debate over the intersection of morality and politics are diverse definitions of fundamental concepts: the right and the good, virtue and vice, personal liberty and public interest. Divisions abound, also, about whether politics should be held to a higher moral standard or whether pragmatic considerations or realpolitik should prevail. Perhaps the two poles are represented most conspicuously by Aristotle and Machiavelli. These essays address perennial concerns in political and moral theory and underscore the rekindled yearning of many to hold the political realm to a higher standard despite the skepticism of dissenters who question the likelihood or even the desirability of success.
Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right.
Do we desire things because they are good, or are they good because we desire them? Objectivists answer that we desire things because they are good; subjectivists answer that things are good because we desire them. Further, does it make sense to account for moral disagreement by claiming, as the moral relativist does, that something might be good for one person but not for another? Some essays in this book consider whether objective moral truths can be grounded in an understanding of the nature of human beings as rational and social animals. Some discuss the ethical theories of historical figures - Aristotle, Aquinas, or Kant - or offer critical assessments of the work of recent and contemporary theorists - such as Moore, Putnam, Ayn Rand, Philippa Foot, and Rosalind Hursthouse. Other essays ask whether moral principles and values can be constructed through a process of practical reasoning or deliberation.
These essays address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and various political concepts, such as citizens' rights and the obligation of citizens to obey their government.
In this collection, twelve philosophers, historians, and political philosophers-scholars with a diverse set of disciplinary and political leanings-assess aspects of socialism in light of its recent reversals. Some of the essays consider what made the socialist project seem compelling to its advocates, examining the moral and political values that made socialism appealing to intellectuals. Others evaluate whether there are aspects of socialism that ought to be preserved, such as its quest for equality and community. Some essays examine whether free-market systems need to be further modified in response to ongoing socialist critiques. Several others argue for the continuing validity of socialism in its social democratic incarnation, suggesting ways in which socialism may still have a productive future. Still others condemn the socialist project as inherently misguided in theory, while also portraying 'really existing socialism' as cataclysmic in practice.
A central idea in moral and political philosophy, 'autonomy' is generally understood as some form of self-governance or self-direction. Certain Stoics, modern philosophers such as Spinoza, and most importantly, Immanuel Kant, are among the great philosophers who have offered important insights on the concept. Some theorists analyze autonomy in terms of the self being moved by its higher-order desires. Others argue that autonomy must be understood in terms of acting from reason or from a sense of moral duty independent of the passions. Autonomy seems closely related to the notion of freedom, but in what sense: freedom from coercion, freedom from psychological constraints, or freedom from material necessity? Various approaches to these and similar questions yield different implications for public policy. Is capitalism, social democracy or socialism more favorable to autonomy? The essays in this volume address these important questions.
The notion of obligation of what an agent owes to himself, to others, or to society generally occupies a central place in morality. But what are the sources of our moral obligations and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a broad range of freedom to determine how and when to fulfil them? The twelve essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns.
Is there a moral obligation to reduce differences in income and wealth? There is an egalitarian tradition that condemns these differences, particularly as they arise in free-market capitalist society, as unfair or unjust. The opponents of this view argue that the material disparities of capitalist society have been brought about by voluntary mechanisms and thus accord with the freely exercised liberties of its citizens. They conclude that capitalist inequality is not vulnerable to the ethical complaints of its critics. They maintain that the standard of living achieved as a by-product of the marketplace and its inequalities could not be adequately reproduced under egalitarian institutions. The essays in this volume, written by prominent economists, philosophers, and academic lawyers, assess the empirical and theoretical questions raised by inequalities of income and wealth.
Modern industrial societies have achieved a level of economic prosperity undreamed of in earlier times, but in the view of the contemporary environmental movement, the prosperity has come at the cost of serious degradations to the natural world. For environmental advocates, problems such as resource depletion, air and water pollution, global warming and the loss of biodiversity represent due threats to the well-being of human societies and the planet itself. But just how serious are these threats and how should we go about confronting them? Do environmental problems call for more extensive government controls over industrial activity, energy policy and the like, or is it possible to find solutions by harnessing the incentives of the free market? The essays in this collection address these questions and explore related issues.
Utilitarianism and other aggregationist moral theories view the public interest or the general welfare as an aggregate of individual goods. But critics of these theories question whether there is adequate justification for employing the concept of an aggregate social good. How are we supposed to sum up individual interests? Is it even possible to compare the utilities of different people or to assign values to individual utilities that can be added or subtracted? If not, how is the general good to be aggregated? Critics have also raised concerns about the aggregative approach in ethics - concerns about its implications for distributive justice, individual liberty and democratic institutions. The essays in this volume explore these issues and address related questions. Some of them examine specific objections to aggregation, others analyze the very idea of a social good or social welfare. Other essays discuss the application of aggregative principles to particular problems.
