Gerald Lang

Steinhoff defends the moral and legal permissibility of torture in a limited range of circumstances. This article criticizes Steinhoff’s arguments. The analogy between ordinary defensive violence and defensive torture which Steinhoff argues for is partly spoiled by the presence, within defensive torture, of opportunistic harm, in addition to eliminative harm. Steinhoff’s arguments that the mere legalization of defensive torture would not metastasize into a more full-fledged institutionalization of torture are also found wanting. As a minimal form of institutionalization, the mere legalization of torture would already be at risk of further entrenchment and growth.

Imagine a two-person distributive case in which Ernest's choices yield X and Bertie's choices yield X + Y, producing an income gap between them of Y. Neither Ernest nor Bertie is responsible for this gap of Y, since neither of them has any control over what the other agent chooses. This is what Susan Hurley calls the “Boring Problem” for luck egalitarianism. Contrary to Hurley's relatively dismissive treatment of it, it is contended that the Boring Problem poses a deep problem for standard luck egalitarianism. To counter it, luck egalitarianism needs to be recast as a baseline-relative theory. This new version of luck egalitarianism is then put to work against some significant problems that have been encountered by luck egalitarianism: Saul Smilansky's “Paradox of the Baseline,” the “Partiality Worry,” and the “Pluralism Worry.” But baseline-relative luck egalitarianism is not without problems of its own.

Tolstoy's The Death of Ivan Ilyich describes how a man's exposure to imminent death allows him to secure redemption from a flawed life. Through close textual attention to Tolstoy's novella and extensive engagement with Frances Kamm's treatment of it, this article quarrels with this of Ivan's case, offering a sourer, more pessimistic view. It is argued that Ivan's reconciliation to death is facilitated by a series of mistakes he makes en route to his dying moments. Two more general lessons are drawn: first, that we are all vulnerable to the mistakes Ivan makes, and second, that reflection on the quality of our lives does not present us with any obvious resources for coming to terms with our own deaths.