Timothy Murphy (2012) argues for the “incompatibility” of religion and bioethics, drawing a stark dichotomy between the two: “Either bioethics does its work on the assumption of an independently di...

This paper proposes a theory of institutional pluralism to deal with the question whether and to what extent limits should be placed on the market. It reconceives the pluralist position as it was presented by Michael Walzer and others in several respects. First, it argues that the options on the institutional menu should not be principles of distribution but rather economic mechanisms or ‘modes of provision’. This marks a shift from a distributive to a provisional logic. Second, it argues that (...) we should drop the assumption that any good should only be placed in one sphere, i.e. distributed according to one distributive principle. This marks a shift to ‘complex pluralism’: for at least some goods it is appropriate that they are provided through the market and through one or more non-market alternatives simultaneously. Finally, it argues that the often used conventionalist justification should be traded for a capability approach to the moral evaluation of markets and non-market alternatives. Any institutional option on our menu has value to the extent that it enhances the morally relevant capabilities of the producers and/or consumers of the good that is to be provided. This approach will be illustrated with two examples of goods for which it yields complex pluralist conclusions: the provision of care and the provision of media content. (shrink)

Our present crises are growing more urgent, pervading many domains of public life—economic, political, environmental, and social. This motivates scholars to find more adequate, combinatory perspectives from which to explain them. One such effort, under the broad heading of Law and Political Economy (LPE), challenges an established view of legality that insulates the market and its dominant actors from critique and accountability. The established view is based on two misconceptions. First, it sees the real function of a capitalist legal device, (...) whether in contracts, antitrust, property, or corporate law, in terms of efficient wealth creation; this function is its underlying rationale and normative aim. Second, it tends to remove equality, coercion, and legitimacy—the core problems of power—from the scope of economic appraisal. When laws and policies are fashioned out of these ideas, democratic institutions will be unable to counter the dominance of capital. New analytical approaches are therefore necessary (Purdy et al. 2020). Along with researchers in associated fields, LPE scholars are attempting to better understand the legal constructions in which financial and political power are anchored and to develop new ways of integrating the economy into democratic life. Robé is a leading voice in these debates. His new book, Property, Power, and Politics, encloses in one volume his ideas on the role of incorporated firms—and of markets, property, and finance—in the larger dynamics of global politics. In this symposium, interlocutors with backgrounds in law, political science, and philosophy engage with this rich analysis. This introduction provides an overview of the book’s arguments (sections 2 and 3) and then introduces the contributions (section 4). (shrink)

Terminal kidney patients are faced with lower quality of life, restricted diets and higher morbidity and mortality rates while waiting for deceased donor kidney transplantation. Fortunately, living kidney donation has proven to be a better treatment alternative (e.g. in terms of waiting time and graft survival rates). We observed an inequality in the number of living kidney transplantations performed between the non-European and the European patients in our center. Such inequality has been also observed elsewhere in this field and it (...) has been suggested that this inequality relates to, among other things, attitude differences towards donation based on religious beliefs. In this qualitative research we investigated whether religion might indeed (partly) be the explanation of the inequalities in living donor kidney transplants (LDKT) among non-European patients. Fifty patients participated in focus group discussions and in-depth interviews. The interviews were conducted following the focus group method and analyzed in line with Grounded Theory. The qualitative data analyses were performed in Atlas.ti. We found that religion is not perceived as an obstacle to living donation and that religion actually promotes helping and saving the life of a person. Issues such as integrity of the body were not seen as barriers to LDKT. We observed also that there are still uncertainties and a lack of awareness about the position of religion regarding living organ donation within communities, confusion due to varying interpretations of Holy Scriptures and misconceptions regarding the process of donation. Faith leaders play an important educational role and their opinion is influential. This study has identified modifiable factors which may contribute to the ethnic disparity in our living donation program. We argue that we need to strive for more clarity and awareness regarding the stance of religion on the issue of living donation in the local community. Faith leaders could be key figures in increasing awareness and alleviating uncertainty regarding living donation and transplantation. (shrink)

Synthetic biology, as a research field, brings together molecular life scientists, computational biologists, and social scientists to engineer biological systems toward societally desired goals. Given the field’s broad multidisciplinarity and relatively young age, innovative educational methods are required to provide students with the needed background knowledge to push the field forward in the future. The international Genetically Engineered Machine competition is such an example where education and high-level research merge, providing the synthetic biology field with trained students, new ideas, and (...) novel results. In the 2021 edition alone, 343 teams from across the world completed the competition to tackle societal problems with synthetic biology. As Wageningen University & Research celebrates 10 years of participation in iGEM, we share our thoughts and experiences on supervising iGEM teams, which is especially relevant to organizers of current and new teams, and also others interested in the iGEM competition. (shrink)

“When Species Meet is a breathtaking meditation on the intersection between humankind and dog, philosophy and science, and macro and micro cultures.” —Cameron Woo, Publisher of Bark magazine In 2006, about 69 million U.S. households had pets, giving homes to around 73.9 million dogs, 90.5 million cats, and 16.6 million birds, and spending over $38 billion dollars on companion animals. As never before in history, our pets are truly members of the family. But the notion of “companion species”—knotted from human (...) beings, animals and other organisms, landscapes, and technologies—includes much more than “companion animals.” In When Species Meet, Donna J. Haraway digs into this larger phenomenon to contemplate the interactions of humans with many kinds of critters, especially with those called domestic. At the heart of the book are her experiences in agility training with her dogs Cayenne and Roland, but Haraway’s vision here also encompasses wolves, chickens, cats, baboons, sheep, microorganisms, and whales wearing video cameras. From designer pets to lab animals to trained therapy dogs, she deftly explores philosophical, cultural, and biological aspects of animal-human encounters. In this deeply personal yet intellectually groundbreaking work, Haraway develops the idea of companion species, those who meet and break bread together but not without some indigestion. “A great deal is at stake in such meetings,” she writes, “and outcomes are not guaranteed. There is no assured happy or unhappy ending—socially, ecologically, or scientifically. There is only the chance for getting on together with some grace.” Ultimately, she finds that respect, curiosity, and knowledge spring from animal-human associations and work powerfully against ideas about human exceptionalism. One of the founders of the posthumanities, Donna J. Haraway is professor in the History of Consciousness Department at the University of California, Santa Cruz. Author of many books and widely read essays, including The Companion Species Manifesto: Dogs, People, and Significant Otherness and the now-classic essay “The Cyborg Manifesto,” she received the J. D. Bernal Prize in 2000, a lifetime achievement award from the Society for Social Studies in Science. (shrink)

What sort of entitlements should citizens have in a just society? In this book, Rutger Claassen sets out a theory of what he terms 'navigational agency', whereby citizens should be able to navigate freely between social practices. This shows how individuals can be at the same time free and autonomous in striving for their own goals in life, but also embedded in social practices in which they have to cooperate with others. He argues that for navigational agency, people need (...) three sets of core capabilities: those which allow human empowerment in civil society, a decent level of socio-economic subsistence, and political participation in democratic decision-making procedures. The idea of navigational agency, the book argues, provides an alternative to currently dominant versions of the capability approach to social justice, and strengthens its liberal foundations. (shrink)

Authors like Iris Young and Philip Pettit have come up with proposals for theorizing ‘structural injustice’ and social relations marred by ‘domination’. These authors provide conceptual tools for f...

Authors critical of corporate power focus almost exclusively on one solution: bringing it under democratic control. However important this is, there are at least two other options, which are rarely discussed: reducing powerful firms’ size and influence, or accepting corporate power as a necessary evil. This article provides a comparative perspective for evaluating all three options. It argues that the trade-offs we face in responding to corporate power have a trilemmatic structure. The pure strategies of accepting powerful firms, breaking them (...) up, or rendering them more accountable are each incompatible with one of three important values: power balance, economies of scale, and minimizing agency costs, respectively. While the latter two concepts are purely economic and efficiency-based, the value of power balance can be grounded in a variety of reasons. Different normative interpretations of power balance are discussed, along with their implications for policy choices within the trilemma. (shrink)

Corporations wield power in today’s economies, and political theories of the corporation argue about the legitimacy conditions of corporate power. This paper argues in favour of a double-fiduciary theory for corporations. Based on a concession theory of markets, it sees all markets as authorized by states (in the name of society), for the purpose of creating economic value, or wealth. Hence corporations, as much as non-incorporated firms, have a fiduciary duty to the state/society to create wealth, in the competitive structure (...) of the market. However, their pursuit of wealth often creates unbalanced relations of power between corporations and their stakeholders, which can at some point be classified as instances of domination. Therefore, corporations need to be subjected to a second fiduciary duty, i.e. not to dominate others in the economy. This duty is also, in the final instance, owed to the state/society. In an era when everyone can incorporate their business, states/societies can be interpreted as having, through corporate law, mandated shareholders as ‘proximate beneficiaries’, to incentivize corporations to create wealth. Now states/societies need to think about how to prevent corporations from dominating others. New mechanisms of accountability towards stakeholders and/or citizens as proximate beneficiaries are needed. Only in this way can corporations be effectively held to account for both of the fiduciary duties which characterize their normative status. (shrink)

A capability approach prescribes paternalist government actions to the extent that it requires the promotion of specific functionings, instead of the corresponding capabilities. Capability theorists have argued that their theories do not have much of these paternalist implications, since promoting capabilities will be the rule, promoting functionings the exception. This paper critically surveys that claim. From a close investigation of Nussbaum's statements about these exceptions, it derives a framework of five categories of functionings promotion that are more or less unavoidable (...) in a capability theory. It argues that some of these categories may have an expansionary dynamic; they may give rise to widespread functionings promotion, which would defeat the capabilitarian promise that paternalist interventions will be exceptions to the rule of a focus on capabilities. Finally, the paper discusses three further theoretical issues that will be decisive in holding this paternalist tendency in check: how high one sets threshold levels of capability protection, how lengthy one's list of basic capabilities is, and how one deals with individual responsibility for choices resulting in a loss of one's capabilities. (shrink)

Business corporations are important, often powerful actors within the economy. They are able to exercise power over other actors, such as employees, consumers and nation-states. This contribution discusses how corporate power is constituted (ontological question), for what purpose it should be exercised, (normative question) and how it should be controlled (governance question). It focuses on the competing anwers to these questions that have been proposed by three political theories of the corporation. Concession theories emphasize the state's role in chartering corporations, (...) and hence require corporations to act in the public interest. Contractualist theories present corporations as tools for contract partners (most often shareholders), with corporate purpose focused on the benefits to these partners. Real entity theories focus on the corporation as an autonomous, separate entity with a purpose to be determined by the group seeking incorporation. (shrink)

ABSTRACT:Demands have been growing upon firms to take actions in the interests of workers, the environment, local communities, and others. Firms sometimes have felt they could best discharge such responsibilities by cooperating with other firms. This, however, is suspect from the point of view of a purely economic interpretation of competition law, since interfirm agreements may raise prices and thus lower welfare for consumers. Should competition law remain focused on competition enhancing economic welfare, or be reformed to allow for acts (...) of cooperation that are socially beneficial? To answer this question, the article provides a philosophical reevaluation of the deep-seated view that firms are merely private actors. It argues that demands of political legitimacy should also be addressed at firms cooperating together, and that standard views of democratic accountability should be broadened, introducing a model of delegated, sequential decision making which allows regulatory agencies and parliaments to control interfirm agreements. (shrink)

The article discusses a fundamental problem that has to be faced if the general capability approach is to be developed in the direction of a theory of justice: the selection and justification of a list of capabilities. The democratic solution to this problem (defended by Amartya Sen) is to leave the selection of capabilities to a process of democratic deliberation, while the philosophical solution (defended by Martha Nussbaum) is to establish this list of capabilities as a matter of philosophical theory. (...) The article investigates the debate between these two different positions and argues in favour of the philosophical solution. First, it distinguishes political from epistemological reasons for (not) making capability lists. Second, it shows that the democratic position must incorporate at least some philosophical theorising in general and a theory of democracy in particular. Third, the article argues that the democratic position presupposes that the philosophical position will bypass the democratic process while actually it does not. The philosophical position is actually more respectful of democracy than the democratic position. Fourth, while philosophers may exercise caution and connect their capability lists to actual democratic debates and other empirical sources, this kind of epistemological virtue ironically may heighten the chance of receiving reproaches on the political level. (shrink)

The capability approach is one of the main contenders in the field of theorizing social justice. Each citizen is entitled to a set of basic capabilities. But which are these? Martha Nussbaum formulated a set of ten central capabilities. Amartya Sen argued they should be selected in a process of public reasoning. Critics object that the Nussbaum-approach is too perfectionist and the Sen-approach is too proceduralist. This paper presents a third alternative: a substantive but non-perfectionist capability theory of justice. It (...) presents a two-level concept of individual agency as connected to social practices. It then argues basic capabilities are those necessary to for the agency necessary to navigate freely and autonomously between different social practices. (shrink)

Human beings are embedded in diverse social, cultural and political groups through which we make sense of our technologically mediated lived experience. This article seeks to reaffirm the postphenomenological subject as a primarily social subject. Critics maintain that the current postphenomenological framework does not adequately address the social, cultural and political context in which human-technology relations take place. In recent years, various additions to postphenomenology have been suggested in order to address this contextual deficit. In this article, I argue that (...) a return to the phenomenological roots of postphenomenology reveals underexamined analytical tools that allow for greater socio-cultural and political sensitivity. I take Don Ihde’s supposed macroperceptual and microperceptual divide as a point of departure in claiming that postphenomenology has too hastily turned away from the subject as primarily socially situated. I draw upon the phenomenological tradition, particularly the social phenomenology of Alfred Schutz, to develop a social postphenomenological approach. This approach is informed by the Schutzian notions of action, the stock of knowledge at hand and consociates. In the resulting account, the postphenomenological schema of _I—Technology—World_ is reconstrued as _We—Technology—World_. (shrink)

Political theory today has expanded its scope to debate business corporations, conceiving of them as political actors, not (just) private actors in the market place. This article shows the continuing relevance of Thomas Hobbes’s work for this debate. Hobbes is commonly treated as a defender of the so-called concession theory, which traces the legitimacy of corporations to their being chartered by sovereign state authorities for public purposes. This theory is widely judged to be anachronistic for contemporary business corporations, because these (...) can now be freely formed, on the basis of private initiative. However, a close reading of the crucial passages in Hobbes’s work reveals a more subtle view, which rejects this private/public dualism. Hobbes’s reflections on the companies of merchants of his day provide room for business corporations’ pursuit of private purposes, while keeping them embedded in a public framework of authority. Moreover, by criticizing the monopoly status of these companies, he opens up a way to integrate market failure arguments from modern economics into concession theory. The “neo-Hobbesian concession theory” emerging from this analysis shows how concession theory can accommodate private initiative and economic analysis, and thus be a relevant position in the debate about the modern business corporation. (shrink)

The 2008 global financial crisis raises ethical as much as financial questions. Moral outrage centered on the imbalance between banks profiting from excessive risk-taking in good times and taxpayers suffering the costs in bad times. The paper analyzes this imbalance in terms of ethical theory. It first develops a rights-based framework to answer questions about the moral obligations of states and banks towards each other. It then criticizes standard economic thinking, which de-moralizes the phenomenon of moral hazard. Moral hazard between (...) states and banks arises in a context that cannot be interpreted as normal economic contracting, but should rather be characterized as governed by an implicit social contract giving rise to moral obligations. (shrink)

Journal of Social Philosophy, EarlyView.

Veelbelovend debuut van een talentvolle jonge filosoof - in de traditie van Hans Achterhuis -/- Waarom leven wij in een wereld die voor eeuwig gevuld lijkt te zijn met tekorten? Welke mechanismen creëren dat voortdurende gevoel niet genoeg te hebben? Waar komt ons oneindig verlangen naar méér vandaan - ondanks alle welvaart en overvloed? -/- Deze vragen vormen de basis van een filosofische zoektocht naar de oorsprong van schaarste. Rutger Claassen bespreekt de belangrijkste denkers uit filosofie en economie die (...) zich met dit probleem hebben beziggehouden. Hij laat zien hoe schaarste een rol speelt in actuele debatten over globalisering, de consumptiemaatschappij, natuur en milieu, de waarde van arbeid en het debat over normen en waarden. -/- In Het eeuwig tekort stelt Claassen de vraag hoe wij 'voorbij de schaarste' kunnen komen en ons kunnen losmaken van onze drang tot ongebreidelde bevrediging van behoeften. Volgens hem moeten we de uitweg zoeken in een filosofie die ervan uitgaat dat de bevrediging van menselijke behoeften slechts één vorm is van menselijke activiteit temidden van een veelheid aan waardevolle levensvervullingen. -/- . (shrink)

Een kleine politieke filosofie Moeten rokers vrij gelaten worden te roken in de horeca, of mag de staat hun dat verbieden? Is Laura Dekker vrij op zeilreis te gaan, of had de staat haar thuis moeten houden? Zijn allochtonen vrij hun eigen cultuur te behouden of moeten zij juist integreren? En zijn wij vrij om onze welvaart te vergroten ook als dat het klimaat grote schade toebrengt? Nadat onze vrijheid in de jaren zestig en zeventig enorm is toegenomen, beleven we (...) nu een periode waarin die vrijheid wordt herijkt. Het streven dat burgers vrij moeten zijn hun leven naar eigen goeddunken in te richten botst nu met de roep om 'grenzen aan de vrijheid'. Deze strijd om de vrijheid vormt het hart van vele controversiële politieke kwesties die het afgelopen decennium het publieke debat beheersten. In Het huis van de vrijheid bespreekt Rutger Claassen deze kwesties met een filosofische blik. Hij neemt stelling tegen eenzijdige opvattingen van vrijheid en verdedigt haar als het ideaal van de autonome burger. Dat ideaal vraagt er echter wel om vrijheid in samenhang te zien met andere politieke idealen, zoals welzijn, veiligheid, gelijkheid, democratie en gemeenschap. Claassen laat zien dat het vrijheidsideaal - ondanks alle kritiek - onmisbaar is, maar hij schetst ook hoe het komt dat het zo gemakkelijk voor totaal verschillende politieke programma's kan worden misbruikt. (shrink)

This contribution offers an introduction to the Special Issue 'Rethinking the European Social Market Economy'. It places the Special Issue against the background of the debate on free markets versus social protection in the European Union and the inclusion of the notion of 'social market economy' in the Treaty on European Union. It sketches the meaning and development of the social market economy concept, and introduces the key questions underlying this Special Issue and the contributions included in it.

In this paper we argue that liberal-egalitarian theorists of justice should take power, especially economic power, seriously and make it explicit. We argue that many theories of justice have left power implicit, relying on what we call the “primacy of politics” model as a background assumption. However, this model does not suffice to capture the power relations of today’s globalized world, in which the power of nation states has been reduced and material inequality has sky-rocketed. We suggest replacing it by (...) a “political economy” model that emphasizes the possibility of self-reinforcing cycles. Doing so has direct implications for how to theorize justice, not only on the non-ideal, but also on the ideal level. (shrink)

This paper discusses the question whether care work for dependent persons (children, the elderly, and disabled persons) may be entrusted to the market; that is, whether and to what extent there is a normative justification for the “commodification of care.” It first proposes a capability theory for care that raises two relevant demands: a basic capability for receiving care and a capability for giving care. Next it discusses and rejects two objections that aim to show that market-based care undermines the (...) caring motives essential to care, one of them because of its reliance on contracts and the other because of the corrupting influence of payment on motivation. If market care is in principle legitimate, the commodification question transforms into one about the appropriate combinations of market and non-market care. This question can be answered only by adding an additional complication: care is to be balanced against other activities, most notably work for the labor market. This brings in the problem of gender inequality, since paid work has been traditionally distributed to men and caring activities to women. I show how the capability theory of caring presented in this paper can help resolve the dispute between competing models for balancing work and caring. (shrink)

Over the last century, many philosophers have argued in favour of a liberal-egalitarian accommodation of capitalism, in which the liberty of the market is to be combined with an egalitarian distribution of property. Theorists of positive freedom, amongst others, have been prominent in arguing for the liberal-egalitarian accommodation. They have argued that an egalitarian distribution of private property is necessary to give every citizen equal positive freedom. To lead an autonomous life, every citizen needs control over some private property. The (...) liberal-egalitarian accommodation to capitalism has come under threat in the last decades, as documented by a renewed widening of inequalities in wealth and income. In this essay, I will argue that this predicament requires us to look at one important precondition of the positive freedom argument. This precondition I call the de-politization of private property. Private property is conceived of as a purely private phenomenon, which has no effects on the exercise of political power. However, whether this precondition is met is a contingent matter; and so defenders of the positive freedom argument therefore need to turn their attention to the problem posed by the relation between private property and political power. (shrink)

Competition for positional goods is an important feature of contemporary consumer societies. This paper discusses three strategies for a normative evaluation of positional competition. First, it criticizes an evaluation in terms of people's motives to engage in such competition. A reconstruction of an American debate over the status-motivation of consumer behavior shows how such an analysis founders on the difficulties of distinguishing between status and non-status motives for consumption. Second, the article criticizes an approach based on assessing the (positive and (...) negative) externalities of positional competition. This approach is plagued by the methodological difficulty of determining the relevant externalities and their weight. The article then puts forward a third kind of evaluation, in terms of recognition relations. Starting from Axel Honneth's theory of recognition, I will propose to think of positional competition as a struggle for one kind of recognition that is necessary to personal autonomy, i.e. recognition according to the principle of achievement. Finally, the paper discusses the question of how we can assess the legitimacy of interferences with positional competition. I argue that the recognition-based approach has a better response to this question than the externalities-based approach, especially with regard to the liberal objection that such interference is a violation of personal freedom. (shrink)

Background: Giving money as a direct incentive for patients in exchange for depot medication has proved beneficial in some clinical cases in assertive outreach . However, ethical concerns around this practice have been raised, and will be analysed in more detail here.Method: Ethical concern voiced in a survey of all AO teams in England were analysed regarding their content. These were grouped into categories.Results: 53 of 70 team managers mentioned concerns, many of them serious and expressing a negative attitude towards (...) giving money for depot adherence. Four broad categories of ethical concern following Christensen’s concept were distinguished: valid consent and refusal , psychiatric paternalism , resource allocation , organisational relationships , with a residual category others and unspecified .Discussion: The main concerns identified are discussed on the background of existing ethical theories in healthcare and the specific problems of community mental health and AO. Points for practice are derived from this discussion. A way forward is outlined that includes informed consent and an operational policy in the use of incentives, further randomised controlled trials and qualitative studies, and continuing discussions with all stakeholders, especially service users. (shrink)

This paper discusses the question of whether a capability theory of justice (such as that of Martha Nussbaum) should accept a basic “capability to hold property.” Answering this question is vital for bridging the gap between abstract capability theories of justice and their institutional implications in real economies. Moreover, it is vital for understanding the difference between egalitarian and libertarian versions of the capability approach. In the paper, three main arguments about private property are discussed: those relating property to a (...) private sphere of control, to the market system of allocating goods, and to the ability to keep the fruits of one's labor. On the basis of this discussion it is argued that the capability theory of justice should accept a basic capability to hold private property, albeit one that is restricted in scope and has an egalitarian character. Special attention is paid to libertarian arguments about property acquisition, and it is argued that capability theories of justice must reject them because they presuppose a method of justifying capabilities that the capability approach cannot accept. (shrink)

This article offers a synthesis of and conclusion to the contributions included in the Special Issue 'Rethinking the European Social Market Economy'. Based on different understandings of citizenship in the European Union and the roles of the EU and its member states in providing social protection arrangements, it develops a typology of four models of the EU's role in social protection. It then discusses the contributions to this Special Issue in light of this typology and draws a number of overarching (...) conclusions. (shrink)

Abstract The aim of this paper is to discuss which stance towards the allocation of labor and leisure would be defensible from the perspective of modern liberal political theory. There is a long tradition in philosophy defending an ideal of leisure, but this tradition has been rightly criticized for being too perfectionist. A liberal perspective seems more attractive in not dictating how much time people spend in labor or leisure, but leaving this choice to individuals. The question is whether this (...) is possible. After scrutinizing the traditional philosophical defense of leisure I focus on Robert Goodin and his collaborators' recent proposal to think about labor and leisure in terms of ?temporal autonomy?. I show that their concept is a great improvement over the older philosophical theories, both in its conceptualization of labor and leisure and in its ambition to leave labor/leisure choices to individuals. Nonetheless, it contains an important unresolved ambiguity about whether discretionary time maximization is a desirable end. Since the exercise of one's temporal autonomy can undercut the temporal autonomy of others in society, this leads to a dilemma. This dilemma can be resolved either in a libertarian or in a sufficientarian direction. I provide a cautious defense of the sufficientarian conception of temporal autonomy, because it accounts for the intuition in the older tradition of leisure that it is important not to be overwhelmed by the demands of labor, while also retaining the liberal emphasis on individual choice. (shrink)

This paper reconstructs the political–theoretical triangle between liberalism, communitarianism and conservatism. It shows how these three positions are related to each other and to what extent they are actually incompatible. The substantive outcome is the following thesis: the conservative position poses a challenge to liberalism that communitarianism is unable to offer and that liberalism cannot incorporate as it could with communitarianism. This challenge lies in the conservative’s ideal of a traditionally evolved, purposeless form of civil association, and its associated view (...) on the justification of authority within such forms of association. This ideal cannot be incorporated into liberalism’s overall concern with individual autonomy, in contrast to the communitarian’s ideal of community. This will be shown through an investigation of two key elements of the conservative ideal of civil association: its ‘purposelessness’ and its justification of authority. (shrink)

Should media communication be left to the market, or rather (partly) removed from the market? This question is discussed by reconstructing an often-found ‘standard argument’ in the literature on the subject. This standard argument states that some form of market-independent media provision is required since markets will fail to deliver a specific kind of high-quality content conducive to the democratic process. This paper argues that the standard argument is defective in several respects. By doing so, it reevaluates the way we (...) think about the contribution of the media towards democracy and the role that the market is to play in this respect. First, the paper argues that the standard argument's normative premise should not be couched in a welfarist theory but in terms of the capabilities that the media should strive to realise. Second, it sets the normative expectations of the media's contribution towards the public sphere and democracy at too high a level. Third, the standard argument's diagnosis of the market's failure incorrectly assumes that the market can never generate the demand for high-quality content. An alternative, more circumscribed claim about the market's failure is presented, resting on two more contingent types of demand failure. (shrink)

Heath’s paper on privatization defends a broadly welfarist-economic approach in thinking about the legitimacy of privatizations. This approach is ‘instrumentalist’ (in contrast to deontological approaches). In this response, I accept the value of an instrumentalist approach to privatization, but argue against Heath’s welfarist version of it, and argue in favor an alternative. First, the ends we seek when thinking about socially vital goods (our theory of public interests) should go beyond Pareto-efficiency. Second, as to the means we employ to realize (...) these ends, we need a view of markets which takes into account not just their competitiveness, but also the distribution of power. This means we need to differentiate market types. Third, we need to differentiate ownership types beyond the standard shareholder-owned company. Alternative ownership structures may be able to realize public interests more easily and hence make privatization less problematic. On these three issues, the picture Heath sketches leaves out too many of the variables that, in the end, may be decisive in whether or not a privatization is acceptable. (shrink)

Public professionals do not only serve their clients but also – by doing so – the public at large. The state often has a direct grip on their work, through financing, regulation or otherwise. This leads to a deeply felt conflict in contexts where authoritarian, illiberal leadership is widespread. Public professionals then face a moral dilemma: should they resist illiberal pressures by the state, or continue to obey their states? The paper's main question is how this practical dilemma for public (...) professionals should be interpreted. First, it presents a framework to interpret the professional situation, characterising it as a fiduciary relation, which we can understand through the lens of Thomas Hobbes's theory of authorisation/representation. On this theoretical basis, the paper discusses three competing models for understanding the public professional's predicament. The teleological model revolves around loyalty to one's clients. The conscientious professional model which is about loyalty to one's own moral convictions. The constitutional model is about loyalty to constitutional principles. The paper argues in favour of the constitutional model. Standing up against illiberal pressures is best interpreted as a matter of loyalty to the principles of constitutionality that underly the fiduciary relation between citizens and their states. (shrink)

Externalities are an important concept in economic theories of market failure, aiming to justify state regulation of the economy. This article explores the concept of externalities from a philosophical perspective. It criticizes the utilitarian nature of economic analyses of externalities, showing how they cannot take into account values like freedom and justice. It then develops the analogy between the concept of externalities and the 'harm principle' in political philosophy. It argues that the harm principle points to the need for a (...) theory of basic interests to judge when a harm is imposed. Similarly, externality analyses should use such a theory of basic interests as the basis for judgments about legitimate state intervention. This proposal is defended against objections, and illustrated with a case study of the US Supreme Court's ruling on the Affordable Care Act, which shows how the judicial reasoning implicitly interprets externalities in terms of basic interests. (shrink)

European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies to contribute to such non-economic goals. In this article we explore whether it is possible to establish a different normative framework, in which such goals can be taken into account and can be balanced against the economic goal of consumer welfare. To answer (...) this question, we take four steps. First, we discuss current EU competition law and the difficulty of fitting non-economic goals into the dominant interpretation of that law. Second, we propose a different normative framework, based on the capability approach advanced by philosopher Martha Nussbaum and economist Amartya Sen. Third, we argue that there are good principled reasons to incorporate non-economic goals into competition law. Fourth, we apply both the capability approach and the consumer welfare approach to three (illustrative) cases in which non-economic goals are at stake. Overall, we argue that the capability framework, although not without difficulties of its own, may provide a more legitimate theory for the interpretation of European competition law. (shrink)

In the last decades, a broad privatisation movement has swept many nations, leading to formerly public services being outsourced to a variety of private parties. While lawyers, economists and socia...

In this article, I argue that revenge fantasies such as those found in the Oracles Against the Nations in Jeremiah 45-51 underscore the necessity for responsible Bible reading practices. I argue that to protect us from our own worst selves, the very human tendency to resort to revenge that inevitably leads to violence, one needs to read these biblical texts in terms of contemporary hermeneutical approaches that may play some role to bring an end to violence. A first such approach (...) that serves as an important tool to help us understand these revenge fantasies as found in the OAN is the relatively new field of inquiry of trauma hermeneutics that is particularly helpful in order to mitigate the violent aspects of these revenge fantasies. Moreover, I propose that recent approaches such as feminist and postcolonial biblical interpretation are also vital for nurturing ethical, just communities that actively pursue justice. (shrink)

This contribution asks how to approach the question of whether the European Union should – replacing or supplementing member states – also be a locus of social justice‐based duties to provide welfare state services. The contribution scrutinizes two important theories of global justice (cosmopolitan and relational theories) and finds that their normative assumptions hinder them from adequately addressing this question. A new theory is proposed, inspired by Immanuel Kant's political philosophy. The core idea is that social justice requires public authorities (...) to protect citizens against private forms of coercion; and that the level (national, European, global) at which such authority needs to be exercised depends on which arrangement best protects citizens' rights to independence. The paper outlines several duties of global justice to give specificity to this general principle, and then applies them to the case of integrating European welfare states. (shrink)