Pub Date : 2023-05-29DOI: 10.1163/17455243-20234129
Aaron Salomon
Conventionalism about property is the view that all moral duties correlative to property rights depend essentially either on the existence of a convention that assigns conventional ownership of objects, or on the existence of a body of positive law that confers legal property rights. It has been objected that, if Conventionalism about property is true, then it is impossible for someone to have her property right violated by someone who is not a member of the community in which her conventional property right is assigned. But it is possible. When Christopher Columbus sailed up to the island of Hispaniola in 1492, he and his sailors wronged the inhabitants by forcing them off their land. So, Conventionalism is false. This is the Outsider Challenge for Conventionalism. The Outsider Challenge (and its first premise, in particular) receives support from the Benefit Condition, according to which one can be morally obligated to comply with a conventional rule only if one benefits or has one’s interests protected by the convention of which it is a part. Despite its provenance and plausibility, however, I think that the Benefit Condition should be rejected. Doing so in a principled way allows us to square Conventionalism with our moral intuitions and, thus, address the Outsider Challenge. My main aim in this essay is to reject the Benefit Condition in one such principled way by providing a Contractualist answer to the question of when, and why, someone is morally required to respect another’s conventional property right. One is morally required to respect the conventional property rights of another when and because failing to do so would run afoul of the Principle of Established Practices (pep) – a principle for which I give a Contractualist justification. Roughly, the pep requires us to comply with sufficiently just social practices in the absence of special justification, and the fact that one’s interests are not protected by a property convention is not always a sufficiently strong reason for one to violate the duties assigned by that convention. Since the fact that one’s interests are not protected by a property convention is not necessarily a special justification for violating the pep, the pep gives us reason to reject the Benefit Condition and, thus, the Outsider Challenge, too.
{"title":"Conventionalism about Property and the Outsider Challenge","authors":"Aaron Salomon","doi":"10.1163/17455243-20234129","DOIUrl":"https://doi.org/10.1163/17455243-20234129","url":null,"abstract":"\u0000Conventionalism about property is the view that all moral duties correlative to property rights depend essentially either on the existence of a convention that assigns conventional ownership of objects, or on the existence of a body of positive law that confers legal property rights. It has been objected that, if Conventionalism about property is true, then it is impossible for someone to have her property right violated by someone who is not a member of the community in which her conventional property right is assigned. But it is possible. When Christopher Columbus sailed up to the island of Hispaniola in 1492, he and his sailors wronged the inhabitants by forcing them off their land. So, Conventionalism is false. This is the Outsider Challenge for Conventionalism. The Outsider Challenge (and its first premise, in particular) receives support from the Benefit Condition, according to which one can be morally obligated to comply with a conventional rule only if one benefits or has one’s interests protected by the convention of which it is a part. Despite its provenance and plausibility, however, I think that the Benefit Condition should be rejected. Doing so in a principled way allows us to square Conventionalism with our moral intuitions and, thus, address the Outsider Challenge. My main aim in this essay is to reject the Benefit Condition in one such principled way by providing a Contractualist answer to the question of when, and why, someone is morally required to respect another’s conventional property right. One is morally required to respect the conventional property rights of another when and because failing to do so would run afoul of the Principle of Established Practices (pep) – a principle for which I give a Contractualist justification. Roughly, the pep requires us to comply with sufficiently just social practices in the absence of special justification, and the fact that one’s interests are not protected by a property convention is not always a sufficiently strong reason for one to violate the duties assigned by that convention. Since the fact that one’s interests are not protected by a property convention is not necessarily a special justification for violating the pep, the pep gives us reason to reject the Benefit Condition and, thus, the Outsider Challenge, too.","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46605419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-22DOI: 10.1163/17455243-20233977
Matthew R. Adams
The contemporary methodological debate about justice has centered around a dispute about the value of so-called ideal theory. I argue that justice performs a social-guiding function, which explains how people should respond to their limited and fallible abilities to realize justice institutionally. My argument helps to re-orientate the contemporary methodological debate. The obvious disagreement between many prominent supporters and skeptics of ideal theory obscures the fact that they are united by a false assumption: the practical value of justice exclusively consists of its institution-guiding function. To capture the overlooked social-guiding function, a richer normative theory of justice is required; I show how such a theory can be supplied by “ideal-transitional” principles.
{"title":"Epistemic Limitations & the Social-Guiding Function of Justice","authors":"Matthew R. Adams","doi":"10.1163/17455243-20233977","DOIUrl":"https://doi.org/10.1163/17455243-20233977","url":null,"abstract":"\u0000The contemporary methodological debate about justice has centered around a dispute about the value of so-called ideal theory. I argue that justice performs a social-guiding function, which explains how people should respond to their limited and fallible abilities to realize justice institutionally. My argument helps to re-orientate the contemporary methodological debate. The obvious disagreement between many prominent supporters and skeptics of ideal theory obscures the fact that they are united by a false assumption: the practical value of justice exclusively consists of its institution-guiding function. To capture the overlooked social-guiding function, a richer normative theory of justice is required; I show how such a theory can be supplied by “ideal-transitional” principles.","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46990752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-19DOI: 10.1163/17455243-20234076
Justin Snedegar
Both in everyday life and in moral philosophy, many think that our own past wrongdoing can undermine our standing to indignantly blame others for similar wrongdoing. In recent literature on the ethics of blame, we find two different kinds of explanation for this. Relative moral status accounts hold that to have standing to blame, you must be better than the person you are blaming, in terms of compliance with the norm. Fault-based accounts hold that those who blame others for things of which they are also guilty exhibit familiar moral faults, such as making an exception of oneself, and that these faults explain why they lack standing. I argue in support of relative moral status accounts, showing that they both better trace our practice of dismissing blame on the basis of lack of standing, and that they have more explanatory resources than have been appreciated.
{"title":"Explaining Loss of Standing to Blame","authors":"Justin Snedegar","doi":"10.1163/17455243-20234076","DOIUrl":"https://doi.org/10.1163/17455243-20234076","url":null,"abstract":"\u0000Both in everyday life and in moral philosophy, many think that our own past wrongdoing can undermine our standing to indignantly blame others for similar wrongdoing. In recent literature on the ethics of blame, we find two different kinds of explanation for this. Relative moral status accounts hold that to have standing to blame, you must be better than the person you are blaming, in terms of compliance with the norm. Fault-based accounts hold that those who blame others for things of which they are also guilty exhibit familiar moral faults, such as making an exception of oneself, and that these faults explain why they lack standing. I argue in support of relative moral status accounts, showing that they both better trace our practice of dismissing blame on the basis of lack of standing, and that they have more explanatory resources than have been appreciated.","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42834934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-07DOI: 10.1163/17455243-20234057
Cécile Fabre
The literature on reparative justice focuses for the most part on the grounds and limits of wrongdoers’ duties to their victims. An interesting but relatively neglected question is that of what – if anything – victims owe to wrongdoers. In this paper, I argue that victims are under a duty to accept wrongdoers’ apologies. I claim that to accept an apology is to form the belief that the wrongdoer’s apologetic utterance or gesture has the requisite verdictive, commissive and expressive dimensions; to communicate as much to him; and to recognise that his apology changes one’s normative status in relation to him, and to comport oneself accordingly. I then offer a Kantian argument for the duty to accept and qualify that argument in the light of some hard cases. I end the paper by addressing the objection that victims do not owe it to wrongdoers to engage in any form of reparative encounter.
{"title":"The Duty to Accept Apologies","authors":"Cécile Fabre","doi":"10.1163/17455243-20234057","DOIUrl":"https://doi.org/10.1163/17455243-20234057","url":null,"abstract":"\u0000The literature on reparative justice focuses for the most part on the grounds and limits of wrongdoers’ duties to their victims. An interesting but relatively neglected question is that of what – if anything – victims owe to wrongdoers. In this paper, I argue that victims are under a duty to accept wrongdoers’ apologies. I claim that to accept an apology is to form the belief that the wrongdoer’s apologetic utterance or gesture has the requisite verdictive, commissive and expressive dimensions; to communicate as much to him; and to recognise that his apology changes one’s normative status in relation to him, and to comport oneself accordingly. I then offer a Kantian argument for the duty to accept and qualify that argument in the light of some hard cases. I end the paper by addressing the objection that victims do not owe it to wrongdoers to engage in any form of reparative encounter.","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48403364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-29DOI: 10.1163/17455243-20010004
Michael Walschots
{"title":"Paul Guyer, Kant on the Rationality of Morality","authors":"Michael Walschots","doi":"10.1163/17455243-20010004","DOIUrl":"https://doi.org/10.1163/17455243-20010004","url":null,"abstract":"","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48542051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-29DOI: 10.1163/17455243-20010010
Alexandra Gustafson
{"title":"Gopal Sreenivasan, Emotion and Virtue","authors":"Alexandra Gustafson","doi":"10.1163/17455243-20010010","DOIUrl":"https://doi.org/10.1163/17455243-20010010","url":null,"abstract":"","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42169448","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-29DOI: 10.1163/17455243-20010003
Tomás Fernandez Fiks
{"title":"Linda Radzik, with Cristopher Bennett, Glen Pettigrove, and George Sher, The Ethics of Social Punishment: The Enforcement of Morality in Everyday Life","authors":"Tomás Fernandez Fiks","doi":"10.1163/17455243-20010003","DOIUrl":"https://doi.org/10.1163/17455243-20010003","url":null,"abstract":"","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48994880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-29DOI: 10.1163/17455243-20010008
Diogo Carneiro
{"title":"Piers Norris Turner and Gerald Gaus (eds.), Public Reason in Political Philosophy: Classic Sources and Contemporary Commentaries","authors":"Diogo Carneiro","doi":"10.1163/17455243-20010008","DOIUrl":"https://doi.org/10.1163/17455243-20010008","url":null,"abstract":"","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41717569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-29DOI: 10.1163/17455243-20010000
{"title":"Front matter","authors":"","doi":"10.1163/17455243-20010000","DOIUrl":"https://doi.org/10.1163/17455243-20010000","url":null,"abstract":"","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134953189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-29DOI: 10.1163/17455243-20010001
Luke Russell
{"title":"Ashraf Rushdy, After Injury: A Historical Anatomy of Forgiveness, Resentment, and Apology","authors":"Luke Russell","doi":"10.1163/17455243-20010001","DOIUrl":"https://doi.org/10.1163/17455243-20010001","url":null,"abstract":"","PeriodicalId":51879,"journal":{"name":"Journal of Moral Philosophy","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48317567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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