L. W. Sumner

In the situations canvassed I have argued that (a) the dominant aim of the utilitarian will be the establishment of a fair procedure, (b) under radical uncertainty cooperation will constitute his best bet, and (c) when he knowsthat all others will cooperate it is still an open question whether he will slack, and if under some conditions he does so he does not then act unfairly. It is wise to bear in mind, however, that an enormous number of possible situations, mostly mixtures of the pure cases, simply have not been considered. It is not inconceivable that in one of them the utilitarian will clearly act unfairly; I am inclined to think not, but the possibility is not entirely ruled out

"What do we mean by 'identity'?" Since this term itself can be a rather elusive, amorphous, and even vaporous one, we need to have heuristic markings for it. The second is "What is the moral content of one's identities?"-because we all have multiple positions in terms of constructing our identities; there's no such thing as having one identity or of there being one essential identity that fundamentally defines who we actually are. And third, "What are the political consequences of our various identities?"

At a 1990 conference on freedom of expression Roger Shiner presented a paper arguing that commercial expression does not merit constitutional protection under the Canadian Charter of Rights and Freedoms. Thirteen years on he has defended the same thesis at much greater length in this meticulously researched, beautifully written, and exhaustively argued book. When I heard Shiner’s original paper I had no settled view on the issue he was addressing, though I was impressed by his treatment of it. Since that time I have come to believe that successive Canadian courts have been correct in extending constitutional protection to commercial expression. However, I remain impressed by Shiner’s arguments to the contrary and will devote most of this critical notice to engaging them.

Since its appearance in 1971, John Rawls’ A Theory of justice has attracted much critical attention. Most of this attention has inevitably centred on the two principles of justice for institutions and on their derivation from the original position. This paper will examine a part of the system which has not yet received such close scrutiny — Rawls’ theory of political obligation in general and civil disobedience in particular. My main aim is to understand this theory, since there are crucial respects in which it is undeveloped. But I shall also along the way comment on its possibilities; these comments will for the most part take the form of comparisons with its utilitarian rival.In what follows I shall not confine myself to the material in Rawls’ book, but rather use the appearance of the book as an opportunity to review the development of the theory of political obligation since “Justice as Fairness”. When one surveys the period bounded by that initial paper and by the book, certain patterns form.

Animal liberationists tend to divide into two mutually antagonistic camps: animal welfarists, who share a utilitarian moral outlook, and animal rightists, who presuppose a structure of basic rights. However, the gap between these groups tends to be exaggerated by their allegiance to oversimplified versions of their favored moral frameworks. For their part, animal rightists should acknowledge that rights, however basic, are also defeasible by appeals to consequences. Contrariwise, animal welfarists should recognize that rights, however derivative, are capable of constraining appeals to consequences. If both sides move to more defensible theoretical positions, their remaining differences on that level may be compatible with a broad area of convergence on practical issues. Keywords: animal welfare, animal rights, ethics CiteULike Connotea Del.icio.us What's this?

When Amartya Sen defends his capability theory of well-being he contrasts it with the utility theory advocated by the classical utilitarians, including John Stuart Mill. Yet a closer examination of the two theories reveals that they are much more similar than they appear. Each theory can be interpreted in either a subjective or an objective way. When both are interpreted subjectively the differences between them are slight, and likewise for the objective interpretations. Finally, whatever differences may remain are less important than they might seem, since the two theories are developed by Sen and Mill for different purposes and are in that sense not genuine rivals.

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.

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

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.

This is a book built round an argument. Several variants of the argument are offered, and I shall consider but one of them. It is directed against the following act utilitarian principle:AU: An act is right if and only if it would have best consequences The argument may be freely rendered as follows. Suppose that we have an agent, Smith, in a society, S, such that the following conditions are satisfied:C1: Smith accepts AU and attempts always to act in accordance with itC2: Smith is rational: he understands the implications of accepting AU and applies AU correctlyC3: No other person in S accepts AUC4: All others in S know that C1 and C2 obtainC5: All others in S are rational: they understand the implications of Smith's accepting AUC: All others in S are tolerant of Smith's accepting AU: they do not criticize him for acting in accordance with itC7: Smith knows that C3 – C6 obtainC1 – C7 collectively define the position of an act utilitarian in a non-act utilitarian society, with certain assumptions as to rationality and tolerance. Then the thesis is that under C1 – C7 Smith will sometimes fail to do the act with best consequences. His very acceptance and correct application of AU conspire to prevent the production of certain good consequences which would otherwise be possible.

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.