Thaddeus Metz

In the face of differences between the ethical religio-philosophies believed across the globe, how should a media ethicist theorize or make recommendations in the light of theory? One approach is relativist, taking each distinct moral worldview to be true only for its own people. A second approach is universalist, seeking to discover a handful of basic ethical principles that are already shared by all the world's peoples. After providing reasons to doubt both of these approaches to doing media ethics, consideration is given to a third. This under-explored approach offers moral claims that would be reasonable for nearly all long-standing cultures to accept even though they currently do not, with the aim of creating new common ground among them. The chapter advances some rights and responsibilities, particularly as they concern the media's role in respect of self-government and self-expression, on which many of those with African, Confucian, Islamic, and Western foundational commitments could sensibly converge.

I examine John Rawls' objection to libertarianism that it permits economic shares to be distributed in a morally arbitrary way. This argument was dropped largely for two reasons. First, talk of "arbitrariness" has been vague and associated with implausible views about moral desert, collective assets, and noumenal selves. Second, several criticisms which Robert Nozick made 25 years ago have gone unanswered. In this essay, I reconstruct the arbitrariness argument, giving it a new, Kantian interpretation, and I show that the new version is intuitively plausible and avoids Nozick's major objections.

A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights.

In an article previously published in this journal, Phillip Montague critically surveys and rejects a handful of contemporary attempts to explain why state punishment is morally justified. Among those targeted is one of my defences of the censure theory of punishment, according to which state punishment is justified because the political community has a duty to express disapproval of those guilty of injustice. My defence of censure theory supposes, per argumentum, that there is always some defeasible moral reason for the state to proportionately punish the guilty, and then demonstrates that censure theory best entails and explains this intuition. Montague does not question the intuition, but instead argues that three rival theories of punishment, including his societal-defence view, account for it to no worse a degree than my censure theory. In this article I defend my initial argument, noting resources for its defence that Montague does not appreciate and that, I maintain, provide those who believe that there is always pro tanto injustice in the state failing to proportionately punish the guilty reason to adopt censure theory over all competitors, including Montague’s societal-defence theory

It appears that it would almost always be wrong to punish a person for having performed a morally justified action. The axiom of “weak retributivism” maintains that the state must not routinely punish those who have not broken a just law. However, it seems that respect for the rule of law and for majority rule requires government officials to punish individuals for breaking laws that may be somewhat unjust. An impartial and democratic state could not function if individuals flouted institutional rules any time the rules are a bit unjust. A principled concern for “systemic values” therefore entails that a state must routinely punish persons who have broken a law that may not be just.

Many readers will share the judgment that, having made an oath, there is something morally worse about consequently performing the immoral action, such as embezzling, that one swore not to do. Why would it be worse? To answer this question, I consider three moral-theoretic accounts of why it is “extra” wrong to violate oaths not to perform wrong actions, with special attention paid to those made in economic contexts. Specifically, I address what the moral theories of utilitarianism, Kantianism and a new communitarian-relational principle entail for the wrongness of oath-breaking. I argue that the former two do not adequately capture why it is extra wrong to perform an immoral action that one swore not to do, but that the latter appeal to a morality of communal relationship offers a promising account.

Therapists and related theorists and practitioners of mental health tend to hold one of two broad views about how to help patients. On the one hand, some maintain that, or at least act as though, the basic point of therapy is to help patients become clear about what they want deep down and to enable them to achieve it by overcoming mental blockages. On the other hand, there are those who contend that the aim of therapy should instead be to psychologically enable patients to live objectively desirable lives, say, ones that involve developing their inherent talents or exhibiting an authentic/strong/integrated self. In this chapter, I argue that neither of these prominent approaches is complete. Contra the former, sometimes what patients want deep down is not something to promote, and, against the latter, it can sometimes be reasonable for patients to want to sacrifice their own objective interests and for therapists to assist them in this regard. I argue that the category of meaningfulness does well at accounting for these counterexamples to the two dominant approaches, while capturing the kernels of truth in them. The proper aim of therapy, I suggest, is to enable patients to live meaningfully.

Given a 21st century context of sophisticated market economies and other Western influences such as Christianity, what similarities and differences are there between characteristic indigenous values of sub-Saharan Africa and China, and how do they continue to influence everyday life in these societies? Establishing that central to both non-Western, indigenous value systems are ideals of harmonious relationships, I compare and contrast traditional African and Chinese conceptions of harmony and analyze a number of respects in which an appeal to this value affects contemporary political, economic and social interaction.

Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection. People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’.

I critically evaluate South Africa’s Truth and Reconciliation Commission (TRC) in light of a philosophical interpretation of the southern African ethic of ubuntu. Roughly, according to this moral philosophy, an act or policy is right insofar as it honours communal relationships, ones of identifying with others and exhibiting solidarity with them. After spelling out this ethical principle and the specific kind of national reconciliation it prescribes, I show that there is a powerful justification for the TRC’s broad contours as a tool to help foster national reconciliation in the mid 1990s. However, I also discuss respects in which the TRC was wanting in light of the sort of reconciliation demanded by respect for people’s capacity to commune. Specifically, I point out respects in which a communal reconciliation probably could have been fostered to a greater degree, had the TRC been different in certain ways, and also note how even an altered TRC would not have been enough on its own to realize it fully; a wide array of other agents could and should have been much more active. I close by indicating some of what needs to be done in order to foster an ubuntu-oriented reconciliation that is still missing, but sorely needed, in 2016. A refurbished TRC promises to help mitigate the crisis of racial divide that currently confronts South Africa.

I critically discuss contemporary work in African, i.e., sub-Saharan, moral philosophy that has been written in English. I begin by providing an overview of the profession, after which I consider some of the major issues in normative ethics, then discuss a few of the more noteworthy research in applied ethics, and finally take up the key issues in meta-ethics. My aim is to highlight discussions that should be of interest to an ethicist working anywhere in the world, focusing on ideas characteristic of the sub-Saharan region that are under-appreciated not merely for the purpose of comparative ethics, but also for substantive ethical argumentation. In particular, I maintain that there are kinds of communitarian and vitalist approaches to morality commonly held by sub-Saharan philosophers that international scholars should take seriously as genuine rivals to utilitarian, Kantian, contractarian, and care-oriented outlooks that dominate contemporary Euro-American discussion of ethically right action.

This chapter critically explores contemporary philosophical understandings of whether meaning in life might depend on the presence or absence of an afterlife. After distinguishing various kinds of afterlife, it focuses most on the potential relevance of an eternal one, and considers at length the extreme but common views amongst philosophers that an eternal afterlife would be either necessary for a meaningful life or, conversely, sufficient for a meaningless one. It concludes by considering the plausibility of a more moderate view, that an eternal afterlife could substantially enhance the meaning of our lives, even if they would not be meaningless without it. The aim of the chapter is not to defend some overall thesis about these positions, but rather to acquaint the reader with recent English-speaking philosophical discussions of them.

I consider what prima facie attractive communitarian ethical perspectives salient among indigenous African peoples entail for distributive justice within a state, and I argue that they support a form of economic egalitarianism that differs in several important ways from varieties common in contemporary Anglo-American political philosophy. In particular, the sort of economic egalitarianism I advance rivals not only luck-oriented variants from the likes of Ronald Dworkin, G. A. Cohen and theorists inspired by them such as Richard Arneson, Carl Knight and Nir Eyal, but also more ‘social’ kinds advocated by Elizabeth Anderson, Samuel Scheffler and Jonathan Wolff. Although I do not argue that these broadly Kantian egalitarianisms are less plausible than the Afro-communitarian version, I do aim to establish that it should be taken as seriously as they, at this stage of the debate.

In this chapter, a reprint of an article initially appearing in the Journal of Human Rights (2010), I spell out a conception of dignity grounded on African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African-inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights.

This article considers how global ethical matters might be approached differently in the English-speaking literature if values salient in sub-Saharan Africa and East Asia were taken seriously. Specifically, after pointing out how indigenous values in both of these major parts of the world tend to prescribe honouring harmonious relationships, the article brings out what such an approach to morality entails for political power, foreign relations and criminal justice. For each major issue, it suggests that harmony likely has implications that differ from approaches that currently dominate Western thought, namely those of utility, autonomy and capability. Lacking the space to systematically defend harmony as a fundamental value, it nonetheless urges theorists not to neglect it in future work.

South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient ethical facets of the dispute. I argue that the law is unjust and should be revised.

Influential moral theories in the contemporary West face problems making sense of the conflict between the interests of animals and people’s interests in culture. They have trouble explaining either the existence of strong direct duties to animals or the importance of people’s right to culture (and frequently both). In this chapter I aim to advance a relational ethic, grounded on the African philosophical tradition, that offers a promising alternative. I contend that duties toward animals and rights to culture are potentially conflicting normative branches springing from the common root of a demand to prize communal relationship. In addition to showing that communion makes good sense of the strength of some direct duties to animals and the moral significance of culture, I argue that it accounts well for how to understand the way in which they can clash and how to address it practically.

I defend a certain claim about rationing in the context of HIV/AIDS, namely, the 'priority thesis' that the state of a developing country with a high rate of HIV should provide highly active anti-retroviral treatment (HAART) to those who would die without it, even if doing so would require not treating most other life-threatening diseases. More specifically, I defend the priority thesis in a negative way, by refuting two influential and important arguments against it inspired by the Kantian principle of respect for persons. The 'equality argument' more or less maintains that prioritizing treatment for HIV/AIDS would objectionably treat those who suffer from it as more important than those who do not. The 'responsibility argument' says, roughly, that to ration life-saving treatment by prioritizing those with HIV would wrongly fail to hold people responsible for their actions, since most people infected with HIV could have avoided the foreseeable harm of infection. While it appears that a Kantian must think that one of these two arguments is sound, I maintain that, in fact, respect for persons grounds neither the equality nor responsibility argument against prioritizing HAART and hence at least permits doing so. If this negative defence of the priority thesis succeeds, then conceptual space is opened up for the possibility that respect for persons requires prioritizing HAART, which argument I sketch in the conclusion as something to articulate and defend in future work.

With his new book, A Theory of Truces, Nir Eisikovits has succeed in producing the most comprehensive and insightful book to exist on the nature and morality of truces during international military conflict. In it he plausibly argues that thought about such conflict should avoid binary terms such as long-lasting peace and all-out war, and instead must readily acknowledge conditions “in between” them, such as cease-fires and agreements to limit belligerence to certain times. In this critical notice of Eisikovits’ book, I have two major aims, in light of the fact that in it he does not systematically engage with the contemporary literature on and positions in just war theory. One aim is to situate Eisikovits’ analysis of truces in that context, and to contend that he has implicitly founded a new field that merits the title jus interruptus bellum as distinct from jus in bello and jus ex bello. Another is to build on Eisikovits’ ethical appraisal of truces, by considering what principles of just war theory entail for them.