Ethics and Political Philosophy Commons^™

On The Concept Of A Morally Relevant Harm, David Lefkowitz

Philosophy Faculty Publications

In this paper I explicate and defend the concept of a morally relevant harm. This concept figures prominently in common-sense and contractualist moral reasoning concerning cases where an agent can prevent harm to members of a large group or a small one, but not both. When the two harms to which members of these groups are exposed are morally relevant to one another, an agent is permitted (or perhaps required) to take into account the number of people he can save. When the harms are irrelevant, an agent should not even consider preventing the lesser harm, regardless of how many …

The Responsibility Of Thinking In Dark Times: Hannah Arendt Versus Hans Jonas, Lawrence A. Vogel

Philosophy Faculty Publications

No abstract provided.

Emmanuel Levinas And The Judaism Of The Good Samaritan, Lawrence A. Vogel

Philosophy Faculty Publications

No abstract provided.

Adam Smith And The Stages Of Moral Development, Daniel R. Denicola

Philosophy Faculty Publications

The writer explores Adam Smith's Theory of Moral Sentiments, where Smith presents a rich and provocative account of morality. The writer offers an explication of Smith's moral psychology as a stage theory of moral development, with the intention of generating critical points on both mattes of detail and larger implications.

Collateral Damage, David Lefkowitz

Philosophy Faculty Publications

The phrase "collateral damage" refers to harm done to persons, animals, or things that agents are not morally permitted to target in the conduct of war, as a side effect of attacks on persons, animals, or things that agents are morally permitted to target in the conduct of war. Call the first category that is, those persons, animals, or things that agents are not morally permitted to target - illegitimate targets of war, and the second category legitimate targets of war. Collateral damage, then, refers to harm done to illegitimate targets of war as a side effect of attacks on …

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …

On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz

Philosophy Faculty Publications

From a justificatory standpoint, perhaps the most basic question with respect to secession is what, if anything, provides the moral foundation for a group’s right to secede. My aim here is to make a start to answering this question. I do so, however, by considering a different, albeit closely related, question, namely what is the nature of the wrong done to members of a qualified group denied secession by the state that currently rules them? A compelling answer to this latter question, I suggest, will contribute significantly to a satisfactory answer of the former one.

Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

In his most recent book on the moral duty to obey the law, A. John Simmons considers and rejects a number of natural duty approaches to justifying political authority. Among the targets of Simmons’ criticism is the account defended by the book’s co-author, Christopher Heath Wellman. In this essay, I evaluate the force of Simmons’ objections to Wellman’s account of political obligation. As will become clear below, I think Wellman’s defense of the duty to obey the law defective in certain ways—but not in all of the ways that Simmons argues it is. By rebutting some of Simmons’ criticisms and …

A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz

Philosophy Faculty Publications

Does membership in a political society, in and of itself, involve obligations to uphold that society’s political institutions? Margaret Gilbert offers a novel argument in defense of an affirmative answer to this question, which she labels the membership problem. Given a plausible construal of the concepts obligation, political society, and membership in a political society, Gilbert argues that it follows analytically that to be a member of a political society just is to have an obligation to uphold and support that society’s political institutions. The key to Gilbert’s argument is the idea of a joint commitment; those …

A Pragmatist Cosmopolitan Moment: Reconfiguring Nussbaum's Cosmopolitan Concentric Circles, Marilyn Fischer

Philosophy Faculty Publications

Robert Fine and Robin Cohen conclude their essay “Four Cosmopolitan Moments” by stating that developing cosmopolitanism “has become an urgent moral necessity” (2002, 162). As resources for this task they offer the Stoics, Kant, Arendt, and Nussbaum as particularly important “moments” in the history of cosmopolitanism. David Held (2002, 57) shares their sense of urgency but worries that a Kantian understanding of political communities gives an inadequate basis for this task. David Hollinger identifies as “new cosmopolitans” an array of scholars who articulate alternatives to Nussbaum's universalism and Kymlicka's pluralism, in attempting “to connect the notion of a species-wide community …

Mcmahon On Workplace Democracy, Jeffrey Moriarty

Philosophy Faculty Publications

This paper offers a sympathetic critique of Christopher McMahon’s Authority and Democracy: A General Theory of Government and Management. Although I find fault with some of his arguments, my goal is not to show that these arguments are irreparable, but to highlight issues that deserve further consideration. After defining some terms, first, I raise an objection to McMahon’s rejection of the moral unity of management (MUM) thesis. Second, I draw attention to his “moralization” of the workplace, and examine the role it plays in his arguments about the relative strengths of the different kinds of authority. Third, I raise …

On A Moral Right To Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

In this essay I argue that citizens of a liberal-democratic state, one that I argue has a morally justified claim to political authority, enjoy a moral right to engage in acts of suitably constrained civil disobedience, or what I will call a moral right to public disobedience. Such a claim may well appear inconsistent with the duty usually thought to correlate to a legitimate state’s right to rule, namely, a moral duty to obey the law. If successful, however, the arguments that follow entail that the duty correlative to a liberal-democratic state’s justified claim to political authority is in fact …

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …

Addams's Internationalist Pacifism And The Rhetoric Of Maternalism, Marilyn Fischer

Philosophy Faculty Publications

Addams's pacifism grew out of her experiences working for social justice in Chicago's multi-national immigrant community. It rested on her well-tested conviction that justice and international comity could only be achieved through nonviolent means. While Addams at times used maternalist rhetoric, her pacifism was not based on a belief in woman's essential, pacifist nature. Instead, it was grounded on her understanding of democracy, social justice, and international peace as mutually defining concepts. For Addams, progress toward democracy, social justice, and peace involved both institutional reform and changes in moral, intellectual, and affective sensibilities.

A person's sensibilities grow out of his …

Natural-Law Judaism?: The Genesis Of Bioethics In Hans Jonas, Leo Strauss And Leon Kass, Lawrence A. Vogel

Philosophy Faculty Publications

Leon Kass is much misunderstood. He is not simply a Republican ideologue who tailored his ideas to break out of the ivory tower and into the halls of power. Nor does he look simply to use human nature as a moral guide. When the full range of his writings is considered and set in the tradition of his teachers, Hans Jonas and Leo Strauss, what emerges is a natural law position colored by religious revelation.

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …

Ross On Desert And Punishment, Jeffrey Moriarty

Philosophy Faculty Publications

W. D. Ross thinks it is good, other things equal, that people get what they deserve. But he denies that “the principle of punishing the vicious, for the sake of doing so, is that on which the state should proceed in its bestowal of punishments.” Ross offers two main arguments for this denial: what I call the “scope argument” and the “state's purpose argument.” I argue that both fail. In doing so, I illuminate Ross's distinctive views about desert and the state.

Great Anger, Anthony Cunningham

Philosophy Faculty Publications

Anger has had a major hand in a history of inhumanity. In this light, some schools of thought have suggested that we do best to jettison anger entirely. However, anger, like grief, is tied to caring deeply, and as such, both emotions can speak to what is best and most beautiful about human life and character.

The Epistemological Argument Against Desert, Jeffrey Moriarty

Philosophy Faculty Publications

Most contemporary political philosophers deny that justice requires giving people what they deserve. According to a familiar anti-desert argument, the influence of genes and environment on people's actions and traits undermines all desert-claims. According to a less familiar – but more plausible – argument, the influence of genes and environment on people's actions and traits undermines some desert-claims (or all desert-claims to an extent). But, it says, we do not know which ones (or to what extent). This article examines this ‘epistemological’ argument against desert. It gives reason to believe that it fails, emphasizing the importance of justice relative to …

On The Relevance Of Political Philosophy To Business Ethics, Jeffrey Moriarty

Philosophy Faculty Publications

The central problems of political philosophy (e.g., legitimate authority, distributive justice) mirror the central problems of business ethics. The question naturally arises: should political theories be applied to problems in business ethics? If a version of egalitarianism is the correct theory of justice for states, for example, does it follow that it is the correct theory of justice for businesses? If states should be democratically governed by their citizens, should businesses be democratically managed by their employees? Most theorists who have considered these questions, including John Rawls in Political Liberalism, and Robert Phillips and Joshua Margolis in a 1999 article, …

Playing Politics With Bioethics: Now That's Repugnant, Yvette E. Pearson

Philosophy Faculty Publications

In a recent Washington Post editorial, Leon Kass claimed that neither he nor the President's Council on Bioethics (PCB) is "playing politics with science." At this point, it is clear that nobody really buys this claim. Nonetheless, even if they are not playing politics with science, someone certainly is playing politics with bioethics, which is just as unacceptable, if not worse.

Against The Asymmetry Of Desert, Jeffrey Moriarty

Philosophy Faculty Publications

The concept of desert has traditionally played a central role in theories of both distributive and retributive justice. But while desert continues to play a central role in most contemporary theories of retributive justice, it plays little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. If people should have the punishment they deserve, shouldn’t they also have the social benefits they deserve? I first offer an intuitive argument against the asymmetry, then consider and reject four potential justifications of it. I do not claim that the asymmetry cannot be …

Desert And Distributive Justice In A Theory Of Justice, Jeffrey Moriarty

Philosophy Faculty Publications

This paper proceeds as follows. First, I present the standard interpretation of Rawls’s account of desert. I then show how this interpretation is inadequate, bringing to light certain subtleties of the account that give it entirely new meaning. Next, I examine the criticisms of Nozick and Sher and show how, due to misconceptions of Rawls’s account of desert, they fail. Finally, I offer a criticism of Rawls’s theory of justice based on the correct interpretation of his account of desert.

Feminist Ethics, Rebecca Whisnant

Philosophy Faculty Publications

No abstract provided.

Jewish Philosophies After Heidegger: Imagining A Dialogue Between Jonas And Levinas, Lawrence A. Vogel

Philosophy Faculty Publications

Emmanuel Levinas and Hans Jonas draw on their roots in phenomenology and Judaism to answer the ethical nihilism of Heidegger's thought. Though both Levinas and Jonas aim to ground an imperative of responsibility in a Good-in-itself ultimately sourced in God, their disagreements are basic and revolve around three fundamental questions: (1) Can Jews "after Auschwitz" have a theology without lapsing into theodicy?; (2) Is the Good-in-itself within Being or "otherwise than Being"?; and (3) Is ethics the completion of nature or against nature? I explore possibilities for integrating the apparently incompatible ideas of Levinas and Jonas.

Book Review: Ethics For The New Millennium, Rory J. Conces

Philosophy Faculty Publications

Ethics for the New Millennium is a book written by the Dalai Lama that came to my attention at the request of a few of my students who wanted to start a reading group. Although the book remained in my office, I took the Dalai Lama's ideas about ethics with me when I visited China, a country that bears Buddhism's mark. Whether you agree with bis views or not, you cannot help but admire him; nor do you have to be a Buddhist to enjoy this readable and interesting book, a quick and easy read intended for the general reader.

Jane Addams On Autonomy And Responsibility, Marilyn Fischer

Philosophy Faculty Publications

Addams understands autonomy and responsibility from the perspective of American pragmatism. Like her collaborator and friend, John Dewey, Addams believes one ascertains an idea's meaning and truth by applying it in practice. Hull House was founded explicitly as a pragmatist test for her ideas on ethics and social change (Lagemann 1994, 77).

Verifying philosophical ideas rests on two methodological prerequisites: concrete experience and sympathetic understanding. Addams repeatedly stresses how emotions serve as the starting point for ethical change, although they need to be cultivated and guided by experience and reason. In addressing social problems, Hull House residents first gathered statistics …

Bewitched, Bothered, And Bewildered: Reflections On Art, Fundamentalism, And Democracy, Daniel R. Denicola

Philosophy Faculty Publications

This philosophical lecture explores the tension between art and morality, beginning with the opposing viewpoints—aestheticism and moralism—that one should trump the other. As exemplary case studies, several controversial art exhibits—works that fueled the culture wars of the 1980’s are examined to identify the concerns of advocates and critics. This leads to deeper reflections on the artistic assumptions of religious fundamentalism, the role of art in a democracy, and the possibility that artistic exploration can be a form of moral action.

Moral Addicts, Anthony Cunningham

Philosophy Faculty Publications

Moral exemplars are often depicted as those who go to extraordinary lengths in preventing suffering and eradicating injustice. Thus, figure like Gandhi, Mother Theresa, and Martin Luther King are apt to be identified as moral saints in the sense of being the morally best people. However, any adequate conception of moral excellence must be broader and more complex.

Asceticism/Askēsis: Foucault's Thinking Historical Subjectivity, Ladelle Mcwhorter

Philosophy Faculty Publications

In the Introduction to The Use of Pleasure Foucault calls his work an askēsis, "an exercise of oneself in the activity of thought." The "living substance of philosophy," Foucault writes, is the essay, "which should be understood as the assay or test by which, in the game of truth, one undergoes changes, and not as the simplistic appropriation of others for the purpose of communication." Foucault's work, then, does not simply report to us his conclusions or theories. Foucault is not primarily interested in imparting information. What he offers instead is a kind of exercise book.