L. W. Sumner

Suppose that the ultimate point of ethics is to make the world a better place. If it is, we must face the question: better in what respect? If the good is prior to the right — that is, if the rationale for all requirements of the right is that they serve to further the good in one way or another — then what is this good? Is there a single fundamental value capable of underlying and unifying all of our moral categories? If so, how might it defeat the claims of rival candidates for this role? If not, is there instead a plurality of basic goods, each irreducible to any of the others? In that case, how do they fit together into a unified picture of the moral life? These are the questions I wish to address, in a necessarily limited way. To many the questions will seem hopelessly old-fashioned or misguided. Some deontologists will wish to reverse my ordering of the good and the right, holding that the right constrains acceptable conceptions of the good. For many contractarians, neither the good nor the right will seem normatively basic, since both are to be derived from a prior conception of rationality. Finally, some theorists will reject the classification of moral theories in terms of their basic normative categories, arguing that the whole foundationalist enterprise in ethics should be abandoned. In the face of these challenges to the priority of the good, and in light of the many current varieties of moral skepticism and relativism, I cannot provide a very convincing justification for raising the questions I intend to discuss.

As little as a decade ago most moral philosophers still believed that the exercise of their craft did not include defending positions on actual moral problems. More recently they have come to their senses, one happy result being a spate of articles in the last few years on the subject of abortion. These discussions have contributed much toward an understanding of the abortion issue, but for the most part they have not attempted a full analysis of the morality of abortion. Such an analysis is too large a task for a single paper, but a sketch of it will be undertaken here, the details to be filled in elsewhere.

The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important issues about the role of judges in a democratic political system. In his recent book A Common Law Theory of Judicial Review, Wil Waluchow responds to the critics’ arguments. This Critical Notice outlines his response and assesses its adequacy

If I lead a life of virtue, that may well be good for you. But will it also be good for me? The idea that it will—or even must—is an ancient one, and its appeal runs deep. For if this idea is correct then we can provide everyone with a good reason—arguably the best reason—for being virtuous. However, for all the effort which has been invested in defending the idea, by some of the best minds in the history of philosophy, it remains unproven. Worse, in this skeptical age hardly anyone really believes it. I don't really believe it either, at least not in its strongest forms, but I think that the question is nonetheless worth examining. Even if we cannot show that virtue and self-interest coincide, we can at least measure the breadth of the gap between them.

What does it mean for someone to have a moral right to something? What kinds of creatures can have rights, and which rights can they have? While rights are indispensable to our moral and political thinking, they are also mysterious and controversial; as long as these controversies remain unsolved, rights will remain vulnerable to skepticism. Here, Sumner constructs both a coherent concept of a moral right and a workable substantive theory of rights to provide the moral foundation necessary to dispel such doubts.

Time and philosophical fashion have not been kind to hedonism. After flourishing for three centuries or so in its native empiricist habitat, it has latterly all but disappeared from the scene. Does it now merit even passing attention, for other than nostalgic purposes? Like endangered species, discredited ideas do sometimes manage to make a comeback. Is hedonism due for a revival of this sort? Perhaps it is overly optimistic to think that it could ever flourish again in its original form; the evolutionary changes which have rendered the philosophical environment hostile to the classical specimens of the theory are doubtless irreversible. None the less, it is still possible that certain features of the classical view can, and should, be recuperated—like bits of DNA which could contribute to the emergence of new and more robust species. So let us ask ourselves: what is living and what is dead in traditional hedonism?

I am deeply indebted to Tom Hurka and David Copp for the careful attention they have given to some of the central motifs in The Moral Foundation of Rights. By doing their job so well they have simplified mine considerably. Their exposition of my views is a model of fairness and accuracy; I need therefore waste no time disclaiming attributions or complaining about misrepresentation. Furthermore, they have shown admirable resolve in choosing to ignore the book's relatively peripheral concerns, even when these would have made easy targets. By adopting this policy of restraint they have helped to illuminate issues which, it seems to me, run to the very heart of moral/political theory.

No one who cares about equal opportunity can derive much comfort from the present occupational distribution of working women. In the various industrial societies of the West, women comprise between one quarter and one-half of the national labor force. However, they tend to clustered in employment sectors – especially clerical, sales, and service J occupations – which rank relatively low in remuneration, status, autonomy, and other perquisites. Meanwhile, the more prestigious and rewarding managerial and professional positions, as well as the major categories of blue-collar labor, remain largely a male preserve. In the same societies the average income earned by full-time female workers is one-half to two- J thirds that of their male counterparts. Although this disparity owes much to i other factors, including lower pay for work similar or even identical to that r standardly done by men, much of it can be explained only by the concentration of working women in traditional female job ghettos

In the longrunning war between the friends of knowledge and their sceptical enemies the moral front has always been one of the busiest. Here the sceptic assails us in the guise of the cunning and resourceful amoralist who disavows all ethical constraints. Some philosophers, seeing no prospect of defeating the amoralist by rational methods, have fallen back on a policy of containment by means of social and political sanctions. But others of a more truculent frame of mind have continued to seek a decisive argumentative victory.