Thaddeus Metz

Hypothetical social contract theory is the predominant framework that political philosophers use to argue for conceptions of social justice. A hypothetical social contract theory consists of an initial situation, in which parties are imagined to make a rational agreement about the way to design their politico-economic institutions, and a conception of justice to which these parties would agree. My goals in the dissertation are to determine the most warranted initial situation and the conception of justice that follows from it. ;To gain focus, I look just at initial situations that have "uncontested conditions." The uncontested conditions include, e.g., the lack of coercion or deception among the parties, and most hypothetical social contract theorists accept them. All together, the uncontroversial conditions add up to the stipulation that the parties resolve conflicts of interest solely by means of fully rational argumentation. The "controversial conditions" concern the way the parties argue, i.e., the values and norms they use to deliberate about justice. The values could be either subjectivist or objectivist, while the way the parties respond to values could be self-interested, benevolent, or reasonable. ;I argue for the best initial situation dialectically, by contending that the uncontroversial conditions underwrite a particular construal of the controversial conditions. Specifically, I claim that the uncontroversial conditions give us reason to believe that Kant's Formula of Humanity is central to institutional choice, so that a Kantian construal of the way the parties deliberate is uniquely plausible. I then identify Kant's rule as an instance of reasonableness about norms and objectivism about values. ;As for deriving a conception of justice from the favored initial situation, I gain focus by looking at what Kant's Formula of Humanity entails solely for economic justice. My thesis is that Kant's rule entails substantial positive duties, so that libertarianism is ruled out. I defend this thesis by showing that there are two plausible ways to derive concrete judgments from the abstract norm of treating humanity as an end-in-itself, and that both methods entail disputatious rights to positive freedom for the same reasons they entail widely accepted rights to negative freedom

Much of the debate about post-secularism has presumed a background of Western countries and the sort of statutory law that legislatures should make, and how they should make it, in the light of residents’ religious attitudes and practices. In this chapter I address a fresh context, namely, that of South Africa and the way that courts have interpreted, and should interpret, law in the face of African traditional religions. Specifically, I explicate the fact that, by South Africa's famously progressive Constitution, religious customs already count as law, and I illustrate how such customary law could work with three court cases related to indigenous African spirituality. Then, I lay out and evaluate the two central arguments that jurists have made in favour of South Africa's Constitutional practice of deeming long-standing religious ways of life to be sources of law. I contend that these influential arguments for customary law, which are substantially individualist, are weak, and also sketch more promising rationales, which invoke more communitarian considerations. My aim is not so much to convince the reader that South Africa’s approach to post-secularism is justified as to identify some argumentative strategies that particularly promise to justify it.

There has been the recurrent suspicion that community, harmony, cohesion, and similar relational goods as understood in the African ethical tradition threaten to occlude difference. Often, it has been Western defenders of liberty who have raised the concern that these characteristically sub-Saharan values fail to account adequately for individuality, although some contemporary African thinkers have expressed the same concern. In this chapter, I provide a certain understanding of the sub-Saharan value of communal relationship and demonstrate that it entails a substantial allowance for difference. I aim to show that African thinkers need not appeal to, say, characteristically Euro-American values of authenticity or autonomy to make sense of why individuals should not be pressured to conform to a group’s norms regarding sex and gender. A key illustration involves homosexuality.

Many values originating in Africa and in China, and ones that continue to influence much of everyday communication in those societies, are aptly placed under the common heading of 'harmony'. After first spelling out what harmony involves in substantially Confucian China, and then in Africa, this article notes respects in which the Confucian and African conceptions of harmony are similar, an awareness of which could facilitate smooth communication. The article then indicates respects in which the Confucian and African conceptions of harmony are different, a lack of awareness of which could undermine smooth communication The point of the article is to facilitate Sino-African communication by means of an awareness of indigenous moral-philosophical mindsets that continue to be salient in China and Africa, despite the influence of the West.

The dominant view amongst contemporary Western philosophers about the essence of a natu­ ral object is that it is constituted by its intrinsic properties. The ontological approach salient in the African philosophical tradition, in contrast, accounts for a thing’s essence by appeal to its relational properties. The Afro­relational ontology is under­developed, with the primary aim of this article being to help rectify that weakness. Specifically, this article’s aims are: to articulate an African approach to understanding the essence of a concrete, natural thing in terms of its relationships; to illustrate the Afro­relational approach with the examples of the self and of water; to contrast the Afro­relational characterization of the essence of the self and of water with a typically Western construal in terms of their intrinsic properties; and finally to provide an initial defence of the Afro­relational approach, both by responding to some objections facing it and by providing some new, positive reasons to take it seriously.

This chapter explores prominent respects in which humility figures into ubuntu, the southern African (and specifically Nguni) term for humanness often used to capture moral philosophies and cultures indigenous to the sub-Saharan region. The chapter considers respects in which humility is prescribed by ubuntu, understood not just as a relational normative ethic, but also as a moral epistemology. Focusing specifically on philosophical ideas published in academic fora over the past 50 years or so, the chapter contends that, although the concept of humility has not often been explicitly invoked in them to make sense of African normative ethics and moral epistemology, it is a useful lens through which to view key facets of these literate philosophies. In many ways, by ubuntu we are to be humble in respect of what an individual should claim from others, how she should appraise her own virtue, and what she may claim to know about morality (although no suggestion is made that it is some kind of ‘master virtue’ for the tradition).

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust.

Part of a symposium devoted to ‘Prediction, Understanding, and Medicine’, in which Alex Broadbent argues that the nature of medicine is determined by its competences, i.e., which things it can do well. He argues that, although medicine cannot cure well, it can do a good job of enabling people not only to understand states of the human organism and of what has caused them, but also to predict future states of it. From this Broadbent concludes that medicine is (at least in part) essentially a practice of understanding and predicting, not curing. In reply to this bold position, I mount two major criticisms. First, I maintain that the reasons Broadbent gives for doubting that medicine can cure provide comparable reason for doubting that medicine can provide an understanding; roughly, the best explanation of why medicine cannot reliably cure is that we still lack much understanding of health and disease. Second, I object to the claim that a practice is medical only if it facilitates understanding and prediction. Although Broadbent has brought to light certain desirable purposes of medicine that are under-appreciated, my conclusion is that he has not yet provided enough reason to think that understanding and prediction are essential to it. Instead of supposing that medicine has an essence, in fact, I suggest that its nature is best understood in terms of a property cluster.

In “Are Certain Knowledge Frameworks More Congenial to the Aims of Cross-Cultural Philosophy? A Qualified Yes,” Leigh Jenco responds to an article in which I had argued for a similar conclusion. I had contended roughly that the positing of objective truth combined with a fallibilist epistemology best explains why a philosopher from one culture could learn something substantial from another culture. In her response, Jenco contends that this knowledge framework does not account adequately for the intuition that various philosophical traditions have an equal standing and that traditions other than one’s own are not to be considered inferior. In addition, according to Jenco, an appeal to objective truth on the part of one epistemic culture is unavoidably oppressive, or overly risks being so, with regard to another one. In this brief reply, I argue that an appeal to objective truth in the realms of epistemology and morality in fact makes the most sense of Jenco’s concerns about inegalitarianism and oppression.

I consider the implications of two globally influential love-centred value systems for how to respond to painful memories that are a consequence of large-scale social conflict. More specifically, I articulate a moral-philosophical interpretation of the sub-Saharan worldview of ubuntu, and consider what it entails for responding to such trauma. According to this ethic, one should strive to become a real person, which one can do insofar as one honours those capable of communal (or broadly loving) relationships, ones of identity and solidarity with others. I compare the implications of this ubuntu ethic with those of prominent Christian principles such as the golden rule and the commandment to love one's neighbour, noting some similarities between them, but emphasizing differences. Salient topics addressed are reconciliation with others, reconciliation to one's situation, punishment and forgiveness.

With her new book, The Conceptual Foundations of Transitional Justice, Colleen Murphy has advanced novel, comprehensive and sophisticated philosophical accounts of both what severely conflict-ridden societies should be aiming for and how they should pursue it. Ultimately grounded on a prizing of rational agency, Murphy maintains that these societies, roughly, ought to strive for a stable and legitimate democratic polity committed to not repeating gross historical injustice and do so in ways that do right by victims. In this article, I argue, contra Murphy, that achieving democratic rights to political participation should not be considered an essential aim of transitional justice, and that, in contrast, doing right by victims should be considered an essential aim of it, not merely an appropriate means to achieving other aims. In addition, I highlight an issue downplayed in Murphy’s book, namely, the need to make trade-offs amongst the aims of transitional justice, which becomes particularly pressing upon accepting that doing right by victims is one of them.

In this article, I consider whether there are values intrinsic to development theory and practice that are dubious in light of a characteristically African ethic. In particular, I focus on what a certain philosophical interpretation of the sub-Saharan value of communion entails for appraising development, drawing two major conclusions. One is that a majority of the criticisms that have been made of development by those sympathetic to African values are weak; I argue that, given the value of communion, development should not be rejected because it is essentially, say, overly materialistic and scientistic, or insufficiently spiritual and local. The second conclusion, however, is that three criticisms of development are strong from the perspective of Afro-communalism and are particularly powerful when set in that context. I argue that development theory and practice are characteristically anthropocentric, individualist and technocratic, and that a reading of the sub-Saharan value of communion provides a unitary foundation for rejecting these features and for grounding an alternative, more relational approach to social progress and to what justice demands from the West in relation to Africa.

I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives.

In this paper, I explore the traditional religious account of what can make a life meaningful, namely, the view that one's life acquires significance insofar as one fulfils a purpose God has assigned. Call this view ‘purpose theory’. In the literature, there are objections purporting to show that purpose theory entails the logical absurdities that God is not moral, omnipotent, or eternal. I show that there are versions of purpose theory which are not vulnerable to these reductio arguments. However, I then contend that there is a problem facing purpose theory which no version can avoid. I argue that the best reason for holding a God-centred theory of life's meaning logically precludes the possibility of purpose theory being the correct version of it. More specifically, I argue that if a relationship with God is necessary for one's life to acquire meaning, this must be because God would have properties such as atemporality and simplicity, perfections which are incompatible with purposiveness. I conclude that religious thinkers have good reason to develop other theories of the way God could confer meaning on our lives.

The point of psychotherapy has occasionally been associated with talk of ‘life’s meaning’. However, the literature on meaning in life written by contemporary philosophers has yet to be systematically applied to literature on the point of psychotherapy. My broad aim in this chapter is to indicate some plausible ways to merge these two tracks of material that have run in parallel up to now. More specifically, my hunch is that the connection between meaning as philosophers understand it and therapy as psychotherapists ought to practice it is much closer than is suggested by the field of existential psychotherapy, which expressly addresses the topic of life’s meaning and appeals to ideas from classic philosophers such Søren Kierkegaard, Martin Heidegger, and the like. I instead proffer the claim that psychodynamic and humanistic therapy, clinical psychology, and counselling psychology as such, not a particular branch of them, are best understood as enterprises in search of meaning in life, in the way many present-day philosophers understand this phrase. In this chapter, I spell out what I mean by this bold hypothesis and provide some good reason to take it seriously.

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.

At least the three major academic debates one encounters about human rights in an African context are usefully framed in terms how they relate to community in various ways. Specifically, this entry first discusses disputes among moral anthropologists and political scientists about the extent to which human rights were present in pre-colonial, communal sub-Saharan societies; then it takes up ways in which group-based claims have significantly influenced human rights discourse and observance in post-war Africa; and finally it discusses how professional philosophers in and from Africa have tended to view human rights through communitarian lenses.