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This paper argues that, if one thinks that the needy have a right to the material resources they need in order to lead decent lives, one must be committed, in some cases, to conferring on the sick a right that the healthy give them some of the body parts they need to lead such a life. I then assess two objections against that view, to wit: to confer on the sick a right to the live body parts of the healthy (a) violates the bodily integrity of the latter; and (b) constitutes too much of an interference in their life. I conclude that although the sick sometimes have a right to some of the body parts of the healthy, the latter still retain a considerable degree of autonomy.
According to outcome welfarism, roughly, the value of an outcome is fundamentally a matterof the individual welfare it contains. I assess various suggestions as to how to spell out this idea more fully on the basis of some basic intuitions about the content and implications of welfarism. I point out that what are in fact different suggestions are often conflated and argue that none fully captures the basic intuitions. I then suggest that what this means is that different doctrines of welfarism may be appropriate in different contexts and that when deciding on a particular doctrine, we need to consider which intuitions it does (and does not) accommodate. Finally, I consider the issue of just how a benefit must be related to an outcome in order to contribute to its value.
Ronald Dworkin argues on the basis of a theory of well-being that critical paternalism is self-defeating. People must endorse their lives if they are to benefit. This is the endorsement constraint and this paper rejects it. For certain kinds of important mistakes that people can make in their lives, the endorsement constraint is either incredible or too narrow to rule out as much paternalism as Dworkin wants. The endorsement constraint cannot be interpreted to give sensible judgements when people change their minds about the value of their lives. And the main argument for the endorsement constraint, which is based on the value of integrity, does not support Dworkin's anti-paternalism.
Moral particularism is commonly presented as an alternative to ‘principle- or rule-based’ approaches to ethics, such as consequentialism or Kantianism. This paper argues that particularists' aversions to consequentialism stem not from a structural feature of consequentialism per se, but from substantial and structural axiological views traditionally associated with consequentialism. Given a particular approach to (intrinsic) value, there need be no conflict between moral particularism and consequentialism. We consider and reject a number of challenges holding that there is after all such a conflict. We end by suggesting that our proposed position appears quite appealing since it preserves attractive elements from particularism as well as consequentialism.
The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential offender's intentional disposition as Kant does without knowing it for certain, we further exacerbate the opportunity for misdiagnosis – although the assumption of individual criminal culpability may be all we can reasonably be expected to use. While this difficulty is not lost on Kant, it continues to remain with us today, making Kant's theory of punishment far more relevant than previously thought.
Fred Feldman has proposed a desert-adjusted version of utilitarianism, ‘justicism’, as a plausible population axiology. Among other things, he claims that justicism avoids Derek Parfit's ‘repugnant conclusion’. This paper explains the theory and tries to straighten out some of its ambiguities. Moreover, it is shown that it is not clear whether justicism avoids the repugnant conclusion and that it is has other counter-intuitive implications. It is concluded that justicism is not convincing as a population axiology.
Derek Parfit, Philip Pettit, and Michael Smith defend a version of consequentialism that covers everything. I argue that this version of consequentialism is false. Consequentialism, I argue, can only cover things that belong to a combination of things that agents can bring about.