This paper addresses the questions of how we should interpret the autonomy of children and of how we should identify the treatment their autonomy demands of others. In examining this question, the paper casts doubt on two views of the nature and relevance of the autonomy of children. It criticises Joel Feinberg’s well-known view that the autonomy claims of children are reducible to the autonomy claims of the future adults the children will become. It also raises objections to Matthew Clayton’s (...) proposal that the treatment of children should be constrained not only by their future autonomy, but also by a particular component of their autonomy, namely, their independence. We believe Clayton’s proposal has the merit that it does not, unlike Feinberg’s proposal, restrict the basis of the autonomy-claims of children purely to the future autonomy they will enjoy as adults. Nevertheless, we do not believe that the concern with independence adequately captures the autonomy claims of children. After considering these alternative views, the paper proposes that the autonomy claims of children are in fact routed in their evolving capacities for autonomous decision-making. We argue that this proposal both fits with some common-sense ideas about how children ought to be treated, and upholds Clayton's radical proposal that parents should not enrol their children into their comprehensive views about the good life, including their religious views. (shrink)

This article examines how a just society must address the needs of its imprudent members. I defend compulsory insurance as an answer to this question. It has been assumed that compulsory insurance can only be justified on paternalistic grounds. I argue that this assumption is incorrect, and defend non-paternalistic compulsory insurance. To display the merits of NPCI, I identify a trilemma that arises for views about how to address the needs of the imprudent, including libertarian and so-called ‘ luck -egalitarian’ (...) views. I then suggest that NPCI enables us to escape the trilemma. (shrink)

This paper examines the moral case for a right to religious accommodation, which requires that religious conduct be free of any serious burdens placed on it by the state. Two different types of normative argument for this right are outlined and rejected. The first appeals to religion as a ‘basic good’, and the second to religion as an ‘intense preference’. In place of these, I suggest that a third type of argument has greater prospects of success. Religious accommodation is justified (...) on the grounds that religious conduct is a ‘derivative good’— that is, it derives its value from its being necessary for something else, namely, the integrity of the religious person. (shrink)

This paper provides a critical examination of the strongest defenses of the pure lifetime view, according to which justice requires taking only people's whole lives as relevant when assessing and establishing their distributive entitlements and obligations. The paper proposes that we reject a pure lifetime view and replace it with an alternative view, on which some time-specific considerations--that is to say, considerations about how people fare at specific points in time--have nonderivative weight in determining what our obligations are to them.

Policies that shift the costs of higher education from the taxpayer to the university student or graduate are increasingly popular, yet they have not been subjected to a thorough normative analysis. This paper provides a critical survey of the standard arguments that have been used in the public debate on higher education funding. These arguments are found to be wanting. In their place, the paper offers a more systematic approach for dealing with the normative issues raised by the funding of (...) higher education. This approach is drawn from the political theory of John Rawls, whose view seeks to reconcile the values of equality, efficiency, and liberty. I show that, contrary to what we may think at first, an egalitarian approach like Rawls’ does not in principle rule out policies that shift the funding burden from taxpayers to students or graduates. Which funding policy that approach selects as most fair will instead depend on the likely impact on the lifetime income prospects of the worst-off group in society, and this is a question which will need to be settled by empirical evidence. (shrink)

According to Cécile Laborde, persons with religious commitments that are incidentally burdened by generally applicable laws should, under certain circumstances, be provided with an exemption from those laws. Labore’s justification for this view is that religious commitments are a type of commitment with which a person must comply if she is to maintain her integrity. I argue that Laborde´s account is insufficiently demanding in terms of the other-regarding attitudes it expects people to have before they can make claims to exemptions (...) based on their integrity. The reason for this is that Laborde’s account rests on what I call a ‘non-moralised’ view of integrity. I raise some criticisms of this view and defend an alternative, ‘moralised’ view of integrity, according to which a religious person’s integrity depends on whether the practice she wishes to perform complies with certain moral constraints. (shrink)

This article reconstructs the main arguments in John Locke’s first political writings, the highly rhetorical, and often obscure, Two Tracts on Government . The Tracts support the government’s right to impose religious ceremonies on its people, an astonishing fact given Locke’s famous defense of toleration in his later works. The reconstruction of the Tracts developed here allows us to see that rather than a pessimistic view of the prospects for peace under religious diversity, what mainly animates the young Locke is (...) a desire to defend the rule of law against an anarchical conception of religious freedom. The article also argues that the evolution of Locke’s thinking on religious freedom was in large part governed by Locke’s attempt to interpret religious freedom in a way that avoids its having anarchical implications. (shrink)

In this paper we ask whether liberal egalitarians can endorse workfare policies that require that welfare recipients should work in return for their welfare benefits. In particular, we focus on the fairness-based case for workfare, which holds that people should be responsible for their own welfare since they would otherwise impose unfair costs on others. Two versions of the fairness-based case are considered: The first defends workfare on the grounds that it would form part of an unemployment insurance scheme that (...) individuals would endorse under certain hypothetical conditions that are salient for the purposes of determining just public policy. The second appeals to the notion of reciprocity in order to justify the requirement that people work for their benefits. We cast doubt on both of these arguments for workfare. Neither argument shows that the unconditional provision of welfare benefits is unjust; hence, the fairness case for workfare is inconclusive. (shrink)

How, exactly, must we strike the balance between security and equality? Must we insist, out of respect for the equality of persons, that the police refrain from using ethnic profiling and opt for some other strategy in their pursuit of terrorists, or must we allow the police to continue with this policy, which seems to sacrifice equality for the sake of security? This paper assesses the ethical status of ethnic profiling from the perspective of the ideal of equality. The paper (...) shows how the ethical status of ethnic profiling changes depending on how exactly we specify the egalitarian ideal. Furthermore, it argues that on a plausible interpretation of the ideal of equality, ethnic profiling is not in principle objectionable. (shrink)

This article develops the argument that the state must provide parental subsidies if, and to the extent that, individuals would, under certain specified hypothetical conditions, purchase ‘insurance cover’ that would provide the funds they need for adequate childrearing. I argue that most citizens would sign up to an insurance scheme, in which they receive a guarantee of a means-tested parental subsidy in return for an obligation to pay a progressive income tax to fund the scheme. This argument from insurance bolsters (...) the weaker case that proponents of parental subsidies might offer were they to rely exclusively on arguments from fair play and efficiency. (shrink)

According to the most influential contemporary reading of John Locke's Letter Concerning Toleration, his main argument against religious persecution is unsuccessful. That argument holds that coercion is ineffective as a means of instilling religious beliefs in its victims. I propose a different reading of the Letter. Locke's main consideration against persecution is not the unsuccessful belief-based argument just outlined, but what I call the sincerity argument. He believes that religious coercion is irrational because it is ineffective as a means of (...) inculcating the right intentions in people. Once this alternative argument is placed at its centre, the Letter is seen to be a more fertile source of political argument than is suggested by alternative readings. In particular, the sincerity argument gives us a powerful reason for rejecting state moral paternalism, the doctrine that the state may use coercion to make people morally virtuous. If moral virtue depends upon people having the right intentions, and if coercion is ineffective as a means of instilling the right intentions in people, then state moral paternalism is ineffective and hence irrational. (shrink)

In this comment, I reply to two objections John Tate raises against my discussion of the trajectory of Locke's ideas on toleration Tate maintains that I misunderstand the role of natural law and civil peace in Locke's thought. I defend my interpretation of the role of natural law and show that Tate is mistaken in his claim that Locke's concern to preserve civil peace conflicted with his separate concern to protect individual rights.

One of the most distinctive features of Ronald Dworkin’s egalitarian theory is its commitment to holding individuals responsible for the costs to others of their ambitions. This commitment has received much criticism. Drawing on Dworkin’s latest statement of his position in Justice for Hedgehogs (2011), we suggest that it seems to be in tension with another crucial element of Dworkin’s own theory, namely, its endorsement of the importance of people leading authentic lives – lives that reflect their own values. We (...) examine this tension between responsibility and authenticity, and some strategies Dworkin does and could deploy to defuse it, which we think are unsuccessful. We then propose a solution for reconciling the demands of responsibility and authenticity, which is, so we claim, friendly to Dworkin’s fundamental commitments but which leads to a revisionist interpretation of the demands of equality of resources. (shrink)

Politics, Philosophy & Economics, Ahead of Print. When skilled individuals emigrate from developing states to developed states, they leave a burdened state behind and bring their valuable human capital to a state that enjoys vast advantages by comparison. Most of the normative debate to date on this so-called ‘brain drain’ has focused on the duties that skilled emigrants owe to their home state after they emigrate. This article shifts the focus to the question of whether their host state acquires special (...) duties toward their home state and argues for an affirmative answer to that question. After identifying the conditions under which ‘exploitative free-riding’ can occur, the article shows that the brain drain is a case of exploitation that gives rise to special duties of compensation for developed host states. (shrink)

Racial profiling appears to be morally more troubling when the racial group that is the object of the profile suffers from background injustice. This article examines two accounts of this intuition. The responsibility-based account maintains that racial profiling is morally more problematic if the higher offender rate within the profiled group is the result of social injustices for which other groups in society are responsible. The expressive harm based account maintains that racial profiling is more problematic if it makes background (...) injustice vivid and thereby causes the profiled to feel resentment. I raise problems with both accounts and suggest a third account. On the humiliation-based account, individuals who are subjected to racial profiling in a context of background injustice are placed in a situation in which they cannot prevent appearing to onlookers in a demeaning way. (shrink)

A central question for assessing the merits of Amartya Sen's capability approach as a potential answer to the “distribution of what”? question concerns the exact role and nature of freedom in that approach. Sen holds that a person's capability identifies that person's effective freedom to achieve valuable states of beings and doings, or functionings, and that freedom so understood, rather than achieved functionings themselves, is the primary evaluative space. Sen's emphasis on freedom has been criticised by G. A. Cohen, according (...) to whom the capability approach either uses too expansive a definition of freedom or rests on an implausibly active, indeed “athletic,” view of well-being. This paper defends the capability approach from this criticism. It argues that we can view the capability approach to be underpinned by an account of well-being which takes the endorsement of valuable functionings as constitutive of well-being, and by a particular view of the way in which endorsement relates to force and choice. Footnotes1 I would like to thank Paul Bou-Habib, Ian Carter, Matthew Kramer, Ingrid Robeyns, Peter Vallentyne, and two Economics and Philosophy referees for very helpful comments on earlier drafts of this paper. I am also grateful to the participants of the Edinburgh ECPR Workshop, the Hoover Chair Seminar in Louvain-La-Neuve, the King's College Moral Philosophy Group in Cambridge, the Nuffield Political Theory Workshop in Oxford, and the session on the Capability Approach at the Philadelphia APSA Annual Conference. (shrink)

In a paper published in this journal we proposed a method for resolving disputed land claims between two parties (Steiner and Wolff: 2003). In essence the proposal is to hold an auction between the disputants in which the land is given to the higher bidder, but the receipts of the auction to the under-bidder. We claimed that under such circumstances both parties can walk away happy: the higher bidder happy to pay the price bid for the land; the under-bidder happier (...) to have the receipts of the auction when the alternative is to pay for the land at a higher price. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.1 (2001) 1-13 [Access article in PDF] From Postmodernism to Postmodernity: The Local/Global Context Ihab Hassan I What Was Postmodernism? What was postmodernism, and what is it still? I believe it is a revenant, the return of the irrepressible; every time we are rid of it, its ghost rises back. Like a ghost, it eludes definition. Certainly, I know less about postmodernism today than I did (...) thirty years ago, when I began to write about it. This may be because postmodernism has changed, I have changed, the world has changed.But this is only to confirm Nietzsche's insight, that if an idea has a history, it is already an interpretation, subject to future revision. What escapes interpretation and reinterpretation is a Platonic Idea or an abstract analytical concept, like a circle or a triangle. Romanticism, modernism, postmodernism, however, like humanism or realism, will shift and slide continually with time, particularly in an age of ideological conflict and media hype.All this has not prevented postmodernism from haunting the discourse of architecture, the arts, the humanities, the social and sometimes even the physical sciences; haunting not only academic but also public speech in business, politics, the media, and entertainment industries; haunting the language of private life styles like postmodern cuisine--just add a dash of raspberry vinegar. Yet no consensus obtains on what postmodernism really means.The term, let alone the concept, may thus belong to what philosophers call an essentially contested category. That is, in plainer language, if you put in a room the main discussants of the concept--say Leslie Fiedler, Charles Jencks, Jean-François Lyotard, Bernard Smith, Rosalind Krauss, Fredric Jameson, Marjorie Perloff, Linda Hutcheon and, just to [End Page 1] add to the confusion, myself--locked the room and threw away the key, no consensus would emerge between the discussants after a week. But a thin trickle of blood might appear beneath the sill.Let us not despair: though we may be unable to define or exorcise the ghost of postmodernism, we can approach it, surprising it from various angles, perhaps teasing it into a partial light. In the process, we may discover a family of words congenial to postmodernism. Here are some current uses of the term: 1. Frank Gehry's Guggenheim Museum in Bilbao (Spain), Ashton Raggatt McDougall's Storey Hall in Melbourne (Australia), and Arata Isozaki's Tsukuba Center (Japan) are considered examples of postmodern architecture. They depart from the pure angular geometries of the Bauhaus, the minimal steel and glass boxes of Mies van der Rohe, mixing aesthetic and historical elements, flirting with fragments, fantasy, and even kitsch. 2. In a recent encyclical, titled "Fideset Ratio," Pope John Paul II actually used the word postmodernism to condemn extreme relativism in values and beliefs, acute irony and skepticism toward reason, and the denial of any possibility of truth, human or divine. 3. In cultural studies, a highly politicized field, the term postmodernism is often used in opposition to postcolonialism, the former deemed historically feckless, being unpolitical or, worse, not politically correct. 4. In Pop culture, postmodernism--or PoMo as Yuppies call it insouciantly--refers to a wide range of phenomena, from Andy Warhol to Madonna, from the colossal plaster Mona Lisa I saw advertising a pachinko parlor in Tokyo to the giant, cardboard figure of Michelangelo's David--pink dayglo glasses, canary shorts, a camera slung across bare, brawny shoulders--advertising KonTiki Travel in New Zealand. What do all these have in common? Well, fragments, hybridity, relativism, play, parody, pastiche, an ironic, anti-ideological stance, an ethos bordering on kitsch and camp. So, we have begun to build a family of words applying to postmodernism; we have begun to create a context, if not a definition, for it. More impatient or ambitious readers can consult Hans Bertens' The Idea of the Postmodern, the best and fairest [End Page 2] introduction I know to the topic. But now I must make my second move or feint to approach postmodernism from a different perspective. II Postmodernism/Posmodernity. I make this move by... (shrink)

In 1979, on the thirty-ninth anniversary of the closing of the Franco-Spanish border at Port Bou and one day before the anniversary of the suicide of Walter Benjamin, Jacob Taubes and Carl Schmitt opened the Bible in the Sauerland. The two men sat down in Plettenburg to read St. Paul's Epistle to the Romans, chapters 9-11. As if in memory of Benjamin, they spoke “under a priestly seal”: Schmitt, the most important state law theorist of the twentieth century, a (...) Roman Catholic and sometime member of the Nazi Party; Taubes, a Jewish philosopher of a Messianic and oddly left-wing disposition.…. (shrink)

When I began working on my dissertation on Kant’s aesthetic theory in 1971, I was able to read virtually all of the extant literature on the Critique of Judgment in English, German, andFrench going back to Hermann Cohen’s Kants Begr¨undung der A¨ sthetik of 1889, while also reading most of what I wanted to read of eighteenth-century British and German aesthetics before Kant—not because I had paid my dues to Evelyn Wood, but just because there was not all that much (...) to read.1 I pity the graduate student who sets out to write a dissertation on the third Critique now: since Donald Crawford, Francis Coleman, Jens Kulenkampff, Eva Schaper, and I published books on Kant’s aesthetics between 1974 and 1979 there has been a continuing flood of articles (this journal receives more submissions on Kant’s aesthetics annually than on any other historical topic) and books, a flood that has only accelerated since 2000. Confining myself only to monographs and anthologies on Kant’s aesthetics or the third Critique as a whole (but not those devoted exclusively to teleology) in English, German, and French on my shelves, and no doubt missing some, at least in German and French, I find twenty-eight monographs and anthologies published in the period between 1980 and 1999 and another twenty-seven just since 2000. (Indeed, two more have arrived on my desk since this article was written.)3 Someone setting out to work on the third Critique now has at least as many books from the last decade alone to read as I had in 1971 from the eight preceding decades. The present review will make only a small dent in this pile: I will discuss just five monographs and one introduction to the third Critique, all published in English in 2006 and 2007. (shrink)

This book discusses some of the most challenging ideas emerging out of the research program on institutional diversity associated with the 2009 co-recipient of 2009 Nobel Prize in economics, Elinor Ostrom, while outlining a set of new research directions and an original interpretation of the significance and future of this program.

This essay compares Rawls's and Nozick's theories of justice. Nozick thinks patterned principles of justice are false, and offers a historical alternative. Along the way, Nozick accepts Rawls's claim that the natural distribution of talent is morally arbitrary, but denies that there is any short step from this premise to any conclusion that the natural distribution is unjust. Nozick also agrees with Rawls on the core idea of natural rights liberalism: namely, that we are separate persons. However, Rawls and Nozick (...) interpret that idea in different ways-momentously different ways. The tension between their interpretations is among the forces shaping political philosophy to this day. Footnotesa For comments, I thank Alyssa Bernstein, Geoffrey Brennan, Jason Brennan, Tom Christiano, Andrew I. Cohen, Andrew Jason Cohen, Tyler Cowen, Teresa Donovan, David Estlund, Jerry Gaus, Allen Habib, Alex Kaufman, Mark LeBar, Loren Lomasky (especially Loren, for insight and inspiration over a period of many years), Cara Nine, Ellen Frankel Paul, Guido Pincione, Thomas Pogge, Dan Russell, Michael Smith, Horacio Spector, and Matt Zwolinski. I thank the Earhart Foundation for financial support in the fall of 2002 and Australian National University's Research School of Social Sciences for its wonderful hospitality during a ten week stay in 2002. The support of the folks at Liberty Fund in Indianapolis during the final stages of this project goes beyond anything I will ever be able properly to thank them for. (shrink)

In their highly topical paper, Grahamet alargued that Trusted Research Environments (TREs) are not actually about trust because they reduce or remove ‘…the need for trust in the use and sharing of patient health data’. We believe this is fundamentally mistaken. TREs mitigate or remove some risks, but they do not address all public concerns. In this regard, TREs provide evidence for people to decide whether the bodies holding and using their data can be trusted. TREs may make it easier (...) for people to trust but there is still a need for that trust. (shrink)

‚Und jedes Tröpfchen, das aus dem köstlich-kühlen Quell des Entsagens fließt, das sammle sorgfältig, mit eifernder Wachsamkeit, daß die Tröpfchen sich zum Bach füllen, der Bach zum Fluß, der Fluß zum Strom, der nun in mächtig stillen Wogen dem offenen Weltmeer zurauscht – jenem klaren, ehrlichen, reinlichen restlosen NICHTMEHR.‘ Paul Dahlke, der Pionier für den Buddhismus in Deutschland, beschäftigt sich in diesem Werk mit den großen Fragen der Menschheit, gestellt vor dem Hintergrund der buddhistischen Weltsicht. Sein Buch ist eine (...) spannende Einführung in den Buddhismus, der noch nicht den westlichen Einflüssen unserer modernen Gesellschaft unterliegt - geschrieben in einer Zeit, in der der Buddhismus in Deutschland kaum bekannt war und in der er um die Abgrenzung der `echten ́ Lehre zu anderen Religionen kämpfte. (shrink)

Research Articles Paul A. Rahe, Social Philosophy and Policy, FirstView Article.

When political theorists teach the history of political philosophy, they typically skip from the ancient Greeks and Cicero to Augustine in the fifth century and Thomas Aquinas in the thirteenth, and then on to the origins of modernity with Machiavelli and beyond. Paul Stern aims to change this settled narrative and makes a powerful case for treating Dante Alighieri, arguably the greatest poet of medieval Christendom, as a political philosopher of the first rank. In Dante's Philosophical Life, Stern argues (...) that Purgatorio's depiction of the ascent to Earthly Paradise, that is, the summit of Mount Purgatory, was intended to give instruction on how to live the philosophic life, understood in its classical form as "love of wisdom." As an object of love, however, wisdom must be sought by the human soul, rather than possessed. But before the search can be undertaken, the soul needs to consider from where it begins: its nature and its good. In Stern's interpretation of Purgatorio, Dante's intense concern for political life follows from this need, for it is law that supplies the notions of good that shape the soul's understanding and it is law, especially its limits, that provides the most evident display of the soul's enduring hopes. According to Stern, Dante places inquiry regarding human nature and its good at the heart of philosophic investigation, thereby rehabilitating the highest form of reasoned judgment or prudence. Philosophy thus understood is neither a body of doctrines easily situated in a Christian framework nor a set of intellectual tools best used for predetermined theological ends, but a way of life. Stern's claim that Dante was arguing for prudence against dogmatisms of every kind addresses a question of contemporary concern: whether reason can guide a life. (shrink)

In the replies to my critics that follow I offer a more detailed account of the specific papers that they discuss or examine. The papers that they are especially concerned with are: “The Material World and Natural Religion in Hume’s Treatise” (Ryan) [Essay 3], “Hume’s Skepticism and the Problem of Atheism” (Fosl) [Essay 12], and “Hume’s Philosophy of Irreligion and the Myth of British Empiricism (Gautier) [Essay 16].

Recasting Hume and Early Modern Philosophy is a collection of essays that are all concerned with major figures and topics in the early modern philosophy. Most of the essays are concerned, more specifically, with the philosophy of David Hume (1711-1776). The sixteen essays included in this collection are divided into five parts. These parts are arranged under the headings of: (1) Metaphysics and Epistemology; (2) Free Will and Moral Luck; (3) Ethics, Virtue and Optimism; (4) Skepticism, Religion and Atheism; and (...) (5) Irreligion and the Unity of Hume’s Thought. A particularly important theme running through many of these essays is the subject of Hume’s irreligious aims and intentions. The fifth and final part of the collection is devoted to an articulation and defence of this specific understanding of Hume’s philosophical thought. (shrink)

Contemporary Materialism brings together the best recent work on materialism from many of our leading contemporary philosophers. This is the first comprehensive reader on the subject. The majority of philosophers and scientists today hold the view that all phenomena are physical, as a result materialism or 'physicalism' is now the dominant ontology in a wide range of fields. Surprisingly no single book, until now, has collected the key investigations into materialism, to reflect the impact it has had on current thinking (...) in metaphysics, philosophy of mind and the theory of value. The classic papers in this collection chart contemporary problems, positions and themes in materialism. At the invitation of the editors, many of the papers have been specially up-dated for this collection: follow-on pieces written by the contributors enable them to appraise the original paper and assess developments since the work was first published. The book's selections are largely non-technical and accessible to advanced undergraduates. The editors have provided a useful general introduction, outlining and contextualising this central system of thought, as well as a topical bibliography. Contemporary Materialism will be vital reading for anyone concerned to discover the ideas underlying contemporary philosophy. David Armstrong, University of Sydney; Jerry Fodor, Rutgers University, New Jersey; Tim Crane, University College, London; D. H. Mellor, Univeristy of Cambridge; J.J.C. (shrink)