•  99
    Lord Jim and moral judgment: Literature and moral philosophy
    Journal of Aesthetics and Art Criticism 56 (3): 265-281. 1998.
  •  99
    Hypothetical consent and moral force
    Law and Philosophy 10 (3). 1991.
    This article starts by examining the appeal to hypothetical consent as used by law and economics writers. I argue that their use of this kind of argument has no moral force whatever. I then briefly examine, through some remarks on Rawls and Scanlon, the conditions under which such an argument would have moral force. Finally, I bring these considerations to bear to criticize the argument of judge Frank Easterbrook's majority opinion in Flamm v. Eberstadt.
  •  84
    Are alcoholics less deserving of liver transplants?
    Hastings Center Report 37 (1): 41-47. 2007.
    When does behavior trigger a lesser claim to medical resources? When does chronic drinking, for example, mean that one has a lesser claim to a liver transplant? Only when one's behavior becomes a callous indifference to others' needs—when one knows the consequences of heavy drinking and knows that by drinking one may end up depriving someone else of a liver.
  •  34
    On Noncoercive Establishment
    Political Theory 33 (6): 812-839. 2005.
    In this essay, I raise the question of whether some degree of noncoercive state support for religious conceptions (broadly understood) should be left to the majoritarian branch ofgovernment. I argue that the reason not to do so is that such state support would alienate many citizens. However to take this as a sufficient reason to constrain the majoritarian branch is to accept the thesis that not being alienated from one's polity is a significant part of the human good. Those who would prohibit e…Read more
  •  56
    Daniel Brudney replies
    Hastings Center Report 39 (4): 6-6. 2009.
  •  66
    Marx's attempt to leave philosophy
    Harvard University Press. 1998.
    Rather, in all the texts of this period Marx tries to mount a compelling critique of the present while altogether avoiding the dilemmas central to philosophy in ...
  •  53
    Is health care a human right?
    Theoretical Medicine and Bioethics 37 (4): 249-257. 2016.
  •  32
    Beyond Autonomy and Best Interests
    Hastings Center Report 39 (2): 31-37. 2012.
    According to bioethics orthodoxy, the question, “What would the patient choose?” is a question about the patient's autonomy. is at stake. In fact, what underpins the moral force of that question is a value different from either autonomy or best interests. This is the value of doing things in a way that is authentic to the person.
  •  24
    Patients, doctors and the good life
    Journal of Medical Ethics 41 (9): 733-735. 2015.
  • Just deserts? Reply
    Hastings Center Report 37 (3): 6-6. 2007.
  •  30
    Gemeinschaft als Ergänzung
    Deutsche Zeitschrift für Philosophie 58 (2): 195-219. 2010.
    Communitarians have long criticized John Rawls′ theory of justice as fairness. In this paper I sketch a picture of communal relationships and use it to examine the nature of community in Rawls′ theory. In the first section I extract a picture of communal relationships from Karl Marx′s work of 1844; in the second section I argue for this picture′s distinctiveness; finally, I look at a shift in the nature of Rawlsian community between A Theory of Justice and Rawls′ later book, Political Liberalism…Read more