This paper highlights the need to apply an equity lens when assessing the impact of preemption and related legal doctrines on community health. Community autonomy to set and pursue public health priorities is an essential part of achieving health equity. Unfortunately, the priorities of organized industry interest groups often conflict with health equity goals. These groups have a history of successfully using law to limit community autonomy to pursue public health measures, most notably through preemption and related legal doctrines. We (...) examine this phenomenon using two examples. First, we look at dental association efforts to block the spread of dental therapists in Indian Country. Native dental therapists have been improving the oral health of native people in Alaska for over a decade; yet the national and state dental associations have sought with mixed success to leverage state and federal laws to hinder other tribal governments from utilizing these providers. We compare these efforts with a restaurant association-led movement to limit what municipal governments can do to address food-based health inequities, focusing on a “model” ALEC bill that started in Ohio. Finally, we discuss how municipalities and Tribes are fighting back and continuing to pursue health equity for their communities. (shrink)

Doxastic involuntarism—the thesis that we lack direct voluntary control (in response to non-evidential reasons) over our belief states—is often touted as philosophical orthodoxy. I here offer a novel defense of doxastic voluntarism, centered around three key moves. First, I point out that belief has two central functional roles, but that discussions of voluntarism have largely ignored questions of control over belief's guidance function. Second, I propose that we can learn much about doxastic control by looking to cognitive scientific research on (...) control over other relevantly similar mental states. I draw on a mechanistic account of control of the guidance function for “emotion-type states,” and argue that these same cognitive control mechanisms can used to block doxastic guidance. This gives us an account of “back-end” doxastic control which can be deployed for reasons which are not the right kinds of reasons to support “front-end” belief formation—i.e., non-evidential reasons. Third, I argue that comprehensive, self-directed exercises of this kind of control can amount to an underappreciated kind of voluntarism. This form of voluntarism is available to any account of belief that takes guidance-instantiation to be at least partly constitutive of believing. Finally, I discuss objections to, and upshots of, the view. (shrink)

Metaphors for describing the introduction, impacts, and management of non-native species are numerous and often quite outspoken. Policy-makers have adopted increasingly disputed metaphorical terms from scientific discourse. We performed a critical analysis of the use of strong metaphors in reporting scientific findings to policy-makers. Our analysis shows that perceptions of harm, invasiveness or nativeness are dynamic and inevitably display multiple narratives in science, policy or management. Improving our awareness of multiple expert and stakeholder narratives that exist in the context of (...) non-native species management, as well as metaphorical alternatives, is critical. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. The paper discusses four interpretations of the skeptical slogan—each based on a specific account of the notion (...) of “the demos”—and concludes that none of them establishes that the global democratic ideal must be abandoned. In so doing, the paper (i) systematizes different types of objections against global democracy, thus bringing some clarity to an otherwise intricate debate and (ii) offers a robust but qualified defense of the global democratic ideal. (shrink)

Various philosophers authors have argued—on the basis of powerful examples—that we can have compelling moral or practical reasons to believe, even when the evidence suggests otherwise. This paper explores an alternative story, which still aims to respect widely shared intuitions about the motivating examples. Specifically, the paper proposes that what is at stake in these cases is not belief, but rather acceptance—an attitude classically characterized as taking a proposition as a premise in practical deliberation and action. I suggest that acceptance’s (...) theoretical usefulness in the ethics of belief has been hidden by its psychological obscurity. I thus aim to develop an empirically adequate and mechanistically specific psychological profile of acceptance. I characterize acceptance as centrally involving a cognitive gating function, in which we prevent a target belief state from having its characteristic downstream effects on reasoning, cognition, and action, and restructure those downstream processes. I then argue that there is substantial empirical support for the existence of the cognitive mechanisms needed to instantiate this view, coming from the science of emotion regulation. I argue that acceptance involves deploying the same mechanisms used in emotional response modulation to belief states: acceptance is doxastic response modulation. I then propose that having a better understanding of the psychological profile of acceptance leaves us better positioned to appreciate its potential usefulness for making progress on various puzzles within the ethics of belief. (shrink)

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)

This article discusses the concept of ἰδιώτης, often translated as ‘layman’, in Dionysius of Halicarnassus’ critical essays, where he places particular emphasis on validating the judgement of the ἰδιώτης in aesthetic evaluation. Dionysius’ focus on the impact and reception of art enables him to lay the groundwork for shifting the semantic meaning of ἰδιώτης from being in strict opposition to the artist/critic to a more fluid category, ranging from ‘unskilled’ listener and layman to a relatively experienced ‘amateur’. By conceiving the (...) change from ἰδιώτης to τεχνίτης in criticism as a more gradual process (rather than one of irreconcilable division), Dionysius shows the discipline of rhetoric and literary criticism to be a particularly relevant form of learning that speaks to the sensibilities of Imperial Rome. (shrink)

In this article, I develop a new account of the liberal view that principles of justice are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice. Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should contain principles justifying both. The (...) justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice. -/-. (shrink)

Reference to the state is ubiquitous in debates about global justice. Some authors see the state as central to the justification of principles of justice, and thereby reject their extension to the international realm. Others emphasize its role in the implementation of those principles. This chapter scrutinizes the variety of ways in which the state figures in the global-justice debate. Our discussion suggests that, although the state should have a prominent role in theorizing about global justice, contrary to what is (...) commonly thought, acknowledging this role does not lead to anti-cosmopolitan conclusions, but to the defense of an “intermediate” position about global justice. From a justificatory perspective, we argue, the state remains a key locus for the application of egalitarian principles of justice, but is not the only one. From the perspective of implementation, we suggest that state institutions are increasingly fragile in a heavily interdependent world, and need to be supplemented—though not supplanted—with supranational authorities. (shrink)

A prominent view in contemporary political theory, the ‘associative view’, says that duties of justice are triggered by particular cooperative relations between morally significant agents, and that ‘therefore’ principles of justice apply only among fellow citizens. This view has been challenged by advocates of global justice, who point to the existence of a world-wide cooperative network to which principles of justice apply. Call this the challenge from geographical extension. In this paper, I pose a structurally similar challenge to the associative (...) view: the challenge from species extension. This says that the existing network of cooperation extends beyond the human species, to encompass some non-human animals, particularly domesticated dogs. In light of this, if one believes that (i) certain non-human animals are morally significant (i.e. objects of moral concern), and that (ii) justice applies to fellow cooperators, one should also hold that domesticated dogs are owed justice in much the same way our human fellow citizens are. I conclude by considering the implications of this argument for the associative view, and animal-rights theory. (shrink)

This article draws attention to the transformation of the Swiss physician Johann Georg Zimmermann’s (1728–1795) work on national pride. First published as Von dem Nationalstolze in 1758, this work attracted trans-European interest and consequently appeared in substantially revised editions in 1760 and 1768. One notable addition in the new editions was a chapter on national pride felt by the subjects of monarchies, which could be taken as indicating a monarchist turn in Zimmermann’s thinking. However, as the article contends, Zimmermann’s work (...) can be read not only as a treatise making claims about the national pride of various countries but also as a text which, in so doing, attempted to encourage liberty and patriotic virtue in different societies. As such, it can be interpreted as representing a variation of republicanism that focussed solely on reforming the thinking of individuals. This argument is based on an analysis of the evolution of Zimmermann’s work, his correspondence, contemporary reviews, and a set of unpublished draft prefaces. As this evidence indicates, Zimmermann aspired to promote a republican attitude wherever his readers were situated. However, appreciating this ‘internalised republicanism’ requires that his writing is examined as a process involving the reactions of his expanding audience. (shrink)

The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...) technologies, such as gene sequencing tools and online surveillance. To better understand the privacy stakes of brain data, we suggest the use of a conceptual framework from information ethics, Helen Nissenbaum’s “contextual integrity” theory. To illustrate the importance of context, we examine neurotechnologies and the information flows they produce in three familiar contexts—healthcare and medical research, criminal justice, and consumer marketing. We argue that by emphasizing what is distinct about brain privacy issues, rather than what they share with other data privacy concerns, risks weakening broader efforts to enact more robust privacy law and policy. (shrink)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

The fifth edition of this classic introduction to Christian ethics via the case method approach, utilizing case studies of contemporary ethical issues.

A life without liberty and material resources is not a good life. Equally, a life devoid of meaningful social relationships—such as friendships, family attachments, and romances—is not a good life. From this it is tempting to conclude that just as individuals have rights to liberty and material resources, they also have rights to access meaningful social relationships. I argue that this conclusion can be defended only in a narrow set of cases. ‘Pure’ social relationship deprivation—that is, deprivation that is not (...) caused, or accompanied, by deficits in liberties and material resources— mostly generates demands of private beneficence. I suggest that social relationship deprivation is unjust, hence a rights violation, only when it is due to factors—such as one’s race—that are irrelevant to one’s being a good participant in social relationships. I thus conclude that access to meaningful social relationships is not a fundamental concern for theories of justice. (shrink)

Philosophical discussion of human rights has long been monopolised by what might be called the ‘natural-law view’. On this view, human rights are fundamental moral rights which people enjoy solely by virtue of their humanity. In recent years, a number of theorists have started to question the validity of this outlook, advocating instead what they call a ‘political’ view. My aim in this article is to explore the latter view in order to establish whether it constitutes a valuable alternative to (...) the ‘natural-law view’. In particular, I distinguish between three ways in which human rights can be political: in relation to their (1) iudicandum, (2) justification and (3) feasibility constraints. I argue that it makes sense to think of human rights as political in relation to both their iudicandum and their justification but in a way that is not always adequately captured by proponents of the political view. Moreover, I also claim that, if we take the political view seriously, we still need to engage in the sort of abstract moral reasoning that characterises the natural-law approach and which proponents of the political view significantly downplay. (shrink)

This study examines the relationship between cooperative business relations in small businesses and environmental protection, one of the most important policies of social responsibility in manufacturing. We reviewed the literature and carried out an empirical study of 930 small manufacturing firms in Spain. Results indicate that small businesses that maintain and improve their cooperative relations through business networking with universities, competitors, suppliers and customers spend more on environmental protection. The managerial, practical, research and policy implications of the obtained research findings (...) are discussed. (shrink)

In this paper, we describe the spiritual and kinship alliances between heads of an urban Santo Daime church from Rio de Janeiro and some leaders of the Yawanawá people from the Amazonian region. We suggest that these alliances involve exchanges and dialogical relationships that hold different meanings for the diverse social actors that take part in them. Further, we argue that equivocation and functional misunderstandings have an important role in these multidirectional dialogues. Based on this case study, we approach the (...) Yawanawá strategies for capturing otherness, and the insertion of the daimistas in the indigenous sociality networks. We focus especially on the Yawanawá mode of producing kin by capturing non-indigenous people and their participation in exchange networks that encompass multiple regimes of value. From the daimista point of view, we describe these relationships using the native category of “eclecticism.” We suggest that the daimistas attempt to translate the Yawanawá shamanic knowledge and the consumption of the “forest medicines,” experiencing the performance of “becoming indigenous.”. (shrink)

In this paper, we describe the spiritual and kinship alliances between heads of an urban Santo Daime church from Rio de Janeiro and some leaders of the Yawanawá people from the Amazonian region. We suggest that these alliances involve exchanges and dialogical relationships that hold different meanings for the diverse social actors that take part in them. Further, we argue that equivocation and functional misunderstandings have an important role in these multidirectional dialogues. Based on this case study, we approach the (...) Yawanawá strategies for capturing otherness, and the insertion of the daimistas in the indigenous sociality networks. We focus especially on the Yawanawá mode of producing kin by capturing non‐indigenous people and their participation in exchange networks that encompass multiple regimes of value. From the daimista point of view, we describe these relationships using the native category of “eclecticism.” We suggest that the daimistas attempt to translate the Yawanawá shamanic knowledge and the consumption of the “forest medicines,” experiencing the performance of “becoming indigenous.”. (shrink)

In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy’s victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a non-enforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. I argue that this (...) double standard is unjustified, and defend a version of what I call “Social Samaritanism.” On this view, within political communities, the duty to help the needy—whether via bodily services or resource transfers—is always an enforceable demand of justice, except when the needy are reckless; across independent political communities, it is always a matter of beneficence. I defend this alternative double standard, and consider its implications for the case of Sandy. (shrink)

This essay explores the intersections of religious ethics and American religious history and advocates for a transdisciplinary approach to scholarship in both disciplines. Four books, each published within the last 4 years, form the foundation of this discussion by modeling distinctive elements of transdisciplinary scholarship: Heathen: Religion and Race in American History by Kathryn Gin Lum; Make Yourselves Gods: Mormons and the Unfinished Business of American Secularism by Peter Coviello; Peaceful Families: American Muslim Efforts Against Domestic Violence by Juliane Hammer; (...) and The Sex Obsession: Perversity and Possibility in American Politics by Janet R. Jakobsen. Each of these texts raises questions that hover at the intersections of religious ethics and American religious history, demonstrating how scholarship in both areas can be strengthened through a destabilization of the disciplines themselves. (shrink)

Just as different sciences deal with different facts—say, physics versus biology—so we may ask a similar question about normative theories. Is normative political theory concerned with the same normative facts as moral theory or different ones? By developing an analogy with the sciences, we argue that the normative facts of political theory belong to a higher— more coarse-grained—level than those of moral theory. The latter are multiply realizable by the former: competing facts at the moral level can underpin the same (...) facts at the political one. Consequently, some questions that moral theories answer are indeterminate at the political level. This proposal offers a novel interpretation of John Rawls’s idea that, in public reasoning, we should abstract away from comprehensive moral doctrines. We contrast our distinction between facts at different levels with the distinction between admissible and inadmissible evidence and discuss some implications for the practice of political theory. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

Whenever fellow humans suffer due to natural catastrophes, we have a duty to help them. This duty is not only acknowledged in moral theory, but also expressed in ordinary people’s reactions to phenomena such as tsunamis, hurricanes, and earthquakes. Despite being widely acknowledged, this duty is also widely disputed: some believe it is a matter of justice, others a matter of charity. Although central to debates in international political theory, the distinction between justice and charity is hardly ever systematically drawn. (...) To fill this gap in the literature, I consider three accounts of this distinction, the ‘Agent-based’, the ‘Recipient-based’, and the ‘Mixed’ View, and argue that they are all unsatisfactory. I then offer a fourth alternative, the ‘Autonomy’ View, which successfully overcomes the difficulties affecting its rivals. I conclude by considering the implications of this view for the moral grounds of disaster relief in earthquake-stricken Haiti, New Zealand, and Japan. (shrink)

In recent years, political philosophers have been fiercely arguing over the virtues and vices of utopian vs realistic theorizing. Partly due to the lack of a common and consistently used vocabulary, these debates have become rather confusing. In this chapter, I attempt to bring some clarity to them and, in doing so, I offer a conciliatory perspective on the “utopian vs realistic theorizing” controversy. I argue that, once the notion of a normative or evaluative theory is clearly defined and distinguished (...) from the desiderata that any good theory should satisfy, many of the disagreements between supporters and opponents of “utopian” or “ideal” theorizing can be easily dissolved. I conclude that, in general, political philosophers should be cautious when theorizing at the extreme ends of the “utopian-realistic” spectrum, but that, setting extremes aside, the correct level of realism or idealism depends on the particular question a theory aims to address. (shrink)

A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, on the political view, what makes states primary bearers of (...) human-rights duties is their possession of both (i) the capacity to fulfill human right and (ii) what I call the ‘authority-plus-sovereignty package’. Building on the existing literature on the moral responsibilities of TNCs, I argue that some TNCs—especially in areas of weak governance—meet these two conditions. I thus conclude that they count as bearers of primary human-rights responsibilities even from within a political perspective on human rights. (shrink)

The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...) technologies, such as gene sequencing tools and online surveillance. To better understand the privacy stakes of brain data, we suggest the use of a conceptual framework from information ethics, Helen Nissenbaum’s “contextual integrity” theory. To illustrate the importance of context, we examine neurotechnologies and the information flows they produce in three familiar contexts—healthcare and medical research, criminal justice, and consumer marketing. We argue that by emphasizing what is distinct about brain privacy issues, rather than what they share with other data privacy concerns, risks weakening broader efforts to enact more robust privacy law and policy. (shrink)

Is democracy a requirement of justice or an instrument for realizing it? The correct answer to this question, I argue, depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in real-world politics, I (...) conclude that theories of justice designed for our world should be centrally concerned with democracy. (shrink)

Moods have global and profound effects on our thoughts, motivations and behavior. To understand human behavior and cognition fully, we must understand moods. In this paper I critically examine and reject the methodology of conventional ?cognitive theories? of affect. I lay the foundations of a new theory of moods that identifies them with processes of our cognitive functional architecture. Moods differ fundamentally from some of our other affective states and hence require distinct explanatory tools. The computational theory of mood I (...) propose places them within the context of other mental phenomena and is consistent with the empirical data on moods. (shrink)

Equality policies in Spain have increasingly developed since the creation of the National Women’s Agency (1983). Over a ten‐year period Spain has achieved European standards in equality policies in terms of institutions, budget and legitimization. In a short time Spain moved from a dictatorship to European Union membership, which has brought about enormous changes regarding women’s roles and rights. Other relevant changes concern the political organization of the state: the 1978 Constitution sets a model of regional administrative autonomy, neither centralized (...) nor federal, in which each region has developed gender institutions. Gender‐equality policies constituted the framework for the development of gay and lesbian policies. Both gender equality and gay and lesbian policies have evolved differently at the national and regional levels, with a trend of inclusiveness, more creative policies and institutions at the regional and local levels. In the meantime, the national debate has concentrated on same‐sex marriage, while sexuality is not a topic within gender equality policies. This paper argues that the progressive inclusiveness of lesbians within the equality agenda and the new intersectional perspectives, alongside gay marriage shows an evolution of Spanish citizenship models, largely influenced by the European Union context. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...) and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)