Thaddeus Metz

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.

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.

We seek to outline philosophical answers to the questions of why punish, whom to punish and how much to punish, with illustrations from the South African legal system. We begin by examining the differences between forward- and backward-looking moral theories of legal punishment, their strengths and also their weaknesses. Then, we ascertain to which theory, if any, contemporary South Africa largely conforms. Finally, we discuss several matters of controversy in South Africa in the context of forward- and backward-looking theories, including the death penalty, mandatory minimum sentences and victim impact statements.

In this chapter, a reprint of an article initially appearing in the Journal of Moral Education (2010), we provide a theoretical reconstruction of sub-Saharan ethics that we argue is a strong competitor to typical Western approaches to morality. According to our African moral theory, actions are right roughly insofar as they are a matter of living harmoniously with others or honouring communal relationships. After spelling out this ethic, we apply it to several issues in both normative and empirical research into morality. With regard to normative research, we compare and contrast this African moral theory with utilitarianism and Kantianism in the context of several practical issues. With regard to empirical research, we compare and contrast our sub-Saharan ethic with several of Lawrence Kohlberg’s views on the nature of morality. Our aim is to highlight respects in which the African approach provides a unitary foundation for a variety of normative and empirical conclusions that are serious alternatives to dominant Western views.

I develop an account of the property in virtue of which actions are wrong that retains the notion of unreasonableness but rejects Scanlon's contractualist framework. Specifically, I maintain (roughly) that the property of treating another unreasonably better explains what makes an act wrong than does the property of it being prohibited by principles that contractors with an ideal motivation could not reasonably reject. One advantage of my alternative is a more straightforward way to capture duties towards animals.

The field of bioethics is replete with applications of moral theories such as utilitarianism and Kantianism. For a given dilemma, even if it is not clear how one of these western philosophical principles of right (and wrong) action would resolve it, one can identify many of the considerations that each would conclude is relevant. The field is, in contrast, largely unaware of an African account of what all right (and wrong) actions have in common and of the sorts of factors that for it are germane to developing a sound response to a given bioethical problem. My aim is to help rectify this deficiency by first spelling out a moral theory grounded in the mores of many sub-Saharan peoples, and then applying it to some major bioethical issues, namely, the point of medical treatment, free and informed consent, standards of care and animal experimentation. For each of these four issues, I compare and contrast the implications of the African moral theory with utilitarianism and Kantianism, my overall purposes being to highlight respects in which the African moral theory is distinct and to demonstrate that the field should take it at least as seriously as it does the Western theories.

For more than 40 years, the Kingdom of Bhutan has eschewed evaluating its socio-economic status in terms of Gross Domestic Product and has instead done so under the heading of ‘Gross National Happiness’. As part of the upswing in international interest in well-being as the proper final end of development, it would be apt to critically explore the approach that has been in use for several decades. In this article I expound the central elements of Gross National Happiness and discuss their strengths and weaknesses from a moral-philosophical perspective. I conclude that while Gross National Happiness covers many blind spots missed by influential Western indices with which readers are likely to be more familiar, the latter also have corrections to offer the former, inviting a fascinating cross-cultural exchange about how to understand the nature of well-being for purposes of public policy.

English-speaking research on morally right decisions in a healthcare context over the past three decades has been dominated by two major perspectives, namely, the Four Principles, of which the principle of respect for autonomy has been most salient, and the ethic of care, often presented as a rival to not only a focus on autonomy but also a reliance on principles more generally. In my contribution, I present a novel ethic applicable to bioethics, particularly as it concerns human procreation, that I argue is a promising alternative to these two approaches. According to this new moral theory, an act is right just insofar as it treats people’s capacity to commune with respect, where communing is a matter of identifying with others and exhibiting solidarity with them. This ethic is inspired by relational ideals of communion and harmony from the African philosophical tradition, but is shown to be attractive to a broad, indeed global, audience, with regard to its implications for the morality of reproduction.

From the perspective of an African ethic, analytically interpreted as a philosophical principle of right action, what are the proper final ends of a publicly funded university and how should they be ranked? To answer this question, I first provide a brief but inclusive review of the literature on Africanising higher education from the past 50 years, and contend that the prominent final ends suggested in it can be reduced to five major categories. Then, I spell out an intuitively attractive African moral theory and apply it to these five final ends, arguing that three of them are appropriate but that two of them are not. After that, I maintain that the African moral theory prescribes two additional final ends for a public university that are not salient in the literature. Next, I argue that employing the African moral theory as I do enables one to rebut several criticisms of Africanising higher education that have recently been made from a liberal perspective. I conclude by posing questions suitable for future research.

Over the last two decades, the capabilities approach has become an increasingly influential theory of development. It conceptualises human wellbeing in terms of an individual's ability to achieve functionings we have reason to value. In contrast, the African ethic of ubuntu views human flourishing as the propensity to pursue relations of fellowship with others, such that relationships have fundamental value. These two theoretical perspectives seem to be in tension with each other; while the capabilities approach focuses on individuals as the locus of ethical value, an ubuntu ethic concentrates on the relations between individuals. In this article, we ask: to what extent is the capabilities approach compatible with this African ethical theory? We argue that, on reflection, relations play a much stronger role in the capabilities approach than often assumed. There is good reason to believe that relationality is part of the concept of a capability itself, where such relationality has intrinsic ethical value. This understanding of the ethical centrality of relations grounds new normative perspectives on the capabilities approach, and offers a more comprehensive grasp of the relevance of relationships to empirical enquiry.

In this chapter, I critically explore John Cottingham's most powerful argument for the thesis that the existence of God is necessary for meaning in life. This is the argument that life would be meaningless without an invariant morality, which could come only from God. After demonstrating that Cottingham's God-based ethic can avoid not only many traditional Euthyphro meta-ethical concerns, but also objections at the normative level, I consider whether it can entail the unique respect in which morality is normative, and, upon considering various ways to develop the view, I conclude that it can. However, I then raise another objection that I maintain cannot be replied to satisfactorily. The objection is that, if we had conclusive evidence for a God-based meta-ethic, then our evidence for the existence of God and of wrongness would be comparable, but they are not, either for Cottingham or for readers more generally. That is, I argue that it is incoherent to claim to know that wrongness is a function of God, given that one knows that wrongness exists, but does not know that God does. I also present an alternative, naturalist meta-ethic that avoids this incoherence, fits better with our extant metaphysical knowledge, and grounds an invariant moral system.

I focus on the metaphysical underpinnings of the censure theory of punishment, according to which punishment is justified if and because it expresses disapproval of injustice. Specifically, I seek to answer the question of what makes claims about proportionate censure true or false. In virtue of what is it the case that one form of censure is stronger than another, or that punishment is the censure fitting injustice? Are these propositions true merely because of social conventions, as per the dominant view of philosophers such as Jean Hampton and Joel Feinberg, or is there an objective fact of the matter to which these propositions correspond? Such questions have been scarcely addressed in the analytic literature, but it is urgent to do so in a systematic way. As I make clear, what is probably the primary motivation for holding the censure theory of punishment depends on the truth of certain controversial theses about normative realism.

In this article I consider what the implications of ubuntu, interpreted as an African moral philosophy, are for self-expression as a value that the media could help to promote. In contrast to the natural hunches that self-expression is merely a kind of narcissism or makes sense for only individualist cultures to prize, I argue that an attractive construal of ubuntu entails that self-expression can play an important communitarian role. The mass media can be obligated to enable people to express themselves since doing so can be one way for people to share with and care for others

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.

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

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.

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.