Lisa Maria Herzog

A case of Moral Luck occurs whenever we normatively assess agents for things that depend on factors beyond their control. The paper takes a comparative approach and examines how morality and law deal with such cases. The comparative perspective allows us to explain the problem of Moral Luck as a tension inherent in normative orders: While normative orders are based on a strong connection between responsibility and voluntariness, this idealist assumption is at least partly at odds with their functional requirements as social orders. The paper examines how law and morality converge and differ in resolving this tension in cases of Moral Luck. Finally, the paper concludes with a brief discussion of some more general features of the normative orders of morality and the law that follow from this "bottom-up" analysis of Moral Luck

Many political theorists think about how to make societies more just. In recent years, with interests shifting from principles to their institutional realization, there has been much debate about feasibility and the role it should play in theorizing. What has been underexplored, however, is how feasibility depends on the attitudes and perceptions of individuals, not only with regard to their own behaviour, but also with regard to the behaviour of others. This can create coordination problems, which can be described as “feasibility gridlocks”. These problems are interesting from a normative perspective, not only because they arguably play an important role for the feasibility of institutions, but also because they contain a normative element themselves: individual might be willing to cooperate in order change the “feasibility frontier” Political ideals and the feasibility frontier. Econ Philos), but only if others are also willing to do their bit, which contains a judgment about the fair distribution of burdens. Beliefs about the selfish nature of human beings, however, can make feasibility gridlocks more likely. This is why what I call, for the sake of brevity, “economic ideology”, i.e. an account of human nature as fundamentally self-interested, can be harmful. Finding a way out of such equilibriums therefore is an important task for political theorists and social reformers.

This note offers reflections on qualified market access —the practice of linking trade agreements to values such as human rights, labour standards, or environmental protection. This idea has been suggested by political theorists as a way of fulfilling our duties to the global poor and of making the global economic system more just, and it has influenced a number of concrete policies, such as European Union trade policies. Yet, in order to assess its merits tout court, different perspectives and disciplines need to be brought together, such as international law, economics, political science, and philosophy. It is also worth reflecting on existing practices, such as those of the EU. This note summarises some insights about QMA by drawing such research together and considers the areas in which further research is needed, whilst reflecting also on the merits of interdisciplinary exchanges on such topics

It is not clear what the intellectual history of the last 200 years would have looked like without the philosophy of G.W.F. Hegel, but it is clear that it would have looked different. His vast intellectual system was taken up by thinkers from left to right, and from very different philosophical schools. This volume brings together accessible, concise essays from leading scholars that present important currents of Hegelian thought in different European countries, including pre-revolutionary Russia, from the 19th to the 21st century. It unites a range of very different forms of (Non-Marxian) Hegelianisms and Anti-Hegelianisms, showing similarities as well as differences. Embedding them in their cultural and intellectual contexts, it demonstrates the various encounters between philosophy, politics and personal lives that Hegel's philosophy inspired.

adam smith1 is often taken to be an heir to the natural jurisprudence tradition, to which he explicitly refers in several places in his oeuvre.2 He combines it with an account of the moral sentiments, in which he sees the origin of morality and justice.3 The moral sentiments, as explored in The Theory of Moral Sentiments, are the basis for justice, which, embodied in positive law, is the framework for commercial society, the economy of which Smith explores in the Wealth of Nations. in this sense, Smith is seen by many scholars as a being a moral philosopher in the first place, and an economist in the second place.4 The challenge that remains, and which Smith addresses by a number of rhetorical strategies,5 is to ..

Der Aufsatz untersucht, was mit der Metapher von der moralischen "Einbettung" von Märkten gemeint ist. Zunächst werden verschiedene Formen der deskriptiven Einbettung - soziologisch, rechtlich, und institutionell - unerschieden, was zu der These führt, dass kein Markt in einem deskriptiven Sinn „uneingebettet“ ist, und dass die Frage nach Einbettung nicht alleine durch die Betrachtung von Märkten beantwortet werden kann, sondern eine breitere institutionelle Analyse erfordert. Anschließend wird vorgeschlagen, Einbettung im moralischen Sinn als die Forderung nach der Vermeidung verschiedener Formen von Schädigungen zu verstehen, und diese nach dem systematischen Ort der Schädigung und anhand der Kategorien materiell versus immateriell zu kategorisieren. Anschließend werden Hindernisse für die vorgeschlagene Konzeptualisierung und deren praktische Umsetzung diskutiert, nämlich die Frage nach den relevanten Vergleichsmaßstäben und das Problem der Dynamik unbeabsichtigter Folgen, das eine entsprechende Dynamik auch in den Reaktionen auf diese Folgen nötig macht. Der Aufsatz schließt mit Überlegungen zu den Bedingungen der Möglichkeit der normativen Einbettung von Märkten auf nationaler und internationaler Ebene.

A case of Moral Luck occurs whenever we normatively assess agents for things that depend on factors beyond their control. The paper takes a comparative approach and examines how morality and law deal with such cases. The comparative perspective allows us to explain the problem of Moral Luck as a tension inherent in normative orders: While normative orders are based on a strong connection between responsibility and voluntariness, this idealist assumption is at least partly at odds with their functional requirements as social orders. The paper examines how law and morality converge and differ in resolving this tension in cases of Moral Luck. Finally, the paper concludes with a brief discussion of some more general features of the normative orders of morality and the law that follow from this “bottom-up” analysis of Moral Luck.

This paper asks how property rights in the financial system can be nor- matively justified. It argues that in the current financial system, we find property rights with very different normative bases, some of which are stronger than others. In fact, there is a systematic gap between the normative priorities (which property rights deserve protection?) and the de facto priorities (which property rights are in fact protected?). I draw on the three traditional approaches for justifying property rights, along Hegelian, Lockean and consequentialist lines, and ask how relevant they are for the property rights that one finds in today’s financial system. As it will turn out, Hegelian and Lockean justifications are better suited for the “real economy” than for the financial system; whereas the most promising approach for justifying many property rights within the financial system (if they can be justified at all) is a consequentialist one. This implies that reform proposals, for example with regard to higher capital ratios for banks, cannot be countered by holding that they interfere with property rights, for the property rights that are interfered with cannot claim to have stronger normative bases than the normative principles involved in the reform proposals.

In the late 1740s a young man who had just returned from Oxford to his native Scotland gave a series of lectures on rhetoric and belles lettres in Edinburgh. This man was no other than Adam Smith, who would soon become famous for his writings about moral philosophy and, most of all, economic issues. Smith the moral philosopher and Smith the economist quickly overshadowed Smith the theoretician of rhetoric. Even in today’s scholarly perception the curious fact that the founder of economics made his first public appearance as a lecturer on rhetoric is not given the attention it deserves. This means that an important resource for understanding Smith’s self-conception as an author and the society he envisaged is ..

This paper discusses Adam Smith's views of social justice. It first describes Smith's optimistic view of markets, for example with regard to the absence of negative externalities, which implies that he considered certain normative problems to be the exception rather than the rule. Then, Smith's views on redistribution are discussed: although he is sympathetic to progressive taxation, his main focus remains on free markets, which can partly be explained by his distrust of politicians. If one takes a closer look as Smith's views of markets, however, it turns out that one of the reasons why he endorses them is their distributive features. He saw them as an antidote to the inequalities of the feudal age, offering all individuals an opportunity to work their way up to a decent standard of living and leading to more equality in the long run. Thus, Smith's account, while out-dated in certain ways, can serve as an inspiration for thinking about distributive justice not only as a question of redistributive taxation but also as a question of the institutional design of markets

In many Western capitalist economies, private indebtedness is pervasive, but it has received little attention from political philosophers. Economic theory emphasizes the liberating potential of debt contracts, but its picture is based on assumptions that do not always hold, especially when there is a background of structural injustice. Private debt contracts are likely to miss their liberating potential if there is deception or lack of information, if there is insufficient access to (regular forms of) credit, or if credit is overly expensive. Markets for private debt can be mechanisms of structural injustice: rather than playing a neutral role, they reinforce injustices, because the failures of debt to be liberating disproportionately hit individuals in disadvantaged positions. By individualizing what are in fact structural problems, private debt can contribute to stigmatization, social exclusion and oppression. What is at stake, from a perspective of structural justice, is not only the distribution of income, but also the distribution of risk. The problems of private debt markets therefore require political attention. In addition to fighting the structural injustices that form the background condititions of private debt, it is also worth addressing private debt markets themselves.

In this paper, I analyze the moral responsibili- ties that companies have with regard to the development of their sector, especially when there are path dependences that can lead sectors on more or less morally accept- able paths, e.g., with regard to market access for disad- vantaged groups. The interdependencies between companies in a sector are underexplored in the literature on corporate social responsibility (CSR). Reflections on the normative status of profit-seeking and on the normative bases of CSR, however, provide us with reasons for seeing sector-related responsibilities as an important component of CSR. Based on a case study of a financial institution, I analyze various morally relevant ways in which the strategic decisions of companies relate to those of other companies in their sector. I argue that companies have a co-responsibility to contribute to the development of the moral dimensions of their sectors, especially when they deal with vulnerable customers.

Motivation crowding out can lead to a reduction of ‘higher’ virtues, such as altruism or public spirit, in market contexts. This article discusses the role of virtue in the moral and economic theory of Adam Smith. It argues that because Smith’s account of commercial society is based on ‘lower’ virtue, ‘higher’ virtue has a precarious place in it; this phenomenon is structurally similar to motivation crowding out. The article analyzes and systematizes the ways in which Smith builds on ‘contrivances of nature’ in order to solve the problems of limited self-command and limited knowledge. As recent research has shown, a clear separation of different social spheres can help to reduce the risk of motivation crowding out and preserve a place for ‘higher virtue’ in commercial society. The conclusion reflects on the performative power of economics, arguing that the one-sided focus on models of ‘economic man’ should be embedded in a larger context