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.

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.

I have two major aims in this chapter, which is philosophical in nature. One is to draw upon values that are salient in the southern African region in order to construct a novel and attractive conception of human dignity. Specifically, I articulate the idea that human beings have a dignity in virtue of their communal nature, or their capacity for what I call ‘identity’ and ‘solidarity’, which contrasts the most influential conception in the West, according to which our dignity inheres in our rationality or autonomy. The second aim is to invoke this Afro-communitarian conception of human dignity in order to advance a new conception of why poverty is morally problematic and of what people, particularly states, are ethically required to do with regard to it. Common conceptions of poverty focus on it in terms of people lacking income, preference satisfaction (‘utility’) or general-purpose means (‘social primary goods’ in the Rawlsian jargon). In contrast, if what is special about human beings is our ability to commune with one another in a certain way, then the respects in which poverty can be an injustice and the ways that it must be fought must be understood in more communitarian or relational terms, which I both specify with several concrete examples in a South African context and contrast with the more dominant approaches.

In this article, I respond to questions about, and criticisms of, my article “Towardan African Moral Theory” that have been put forth by Allen Wood, Mogobe Ramose, Douglas Farland and Jason van Niekerk. The major topicsI address include: what bearing the objectivity of moral value should have on cross-cultural moral differences between Africans and Westerners; whether a harmonious relationship is a good candidate for having final moral value; whether consequentialism exhausts the proper way to respond to the value of a harmonious relationship; what makes a moral theory count as “African”; how the existing literature on African ethics relates to the aim of analytically developing and defending a single foundational moral principle; whether the intuitions I appeal to ground an African moral theory are pro tanto rightmakers or general moral truths; whether the moral theory I defend can capture pro tanto rightness; and whether the best interpretation of African ethics is self-regarding (deeming the only basic moral reason for action to be that it would develop one's own valuable human nature) or other-regarding (holding that a certain kind of harmonious relationship between individuals could ground a basic moral reason for action) .

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.

Chenyang Li’s new book, The Philosophy of Confucian Harmony, has been heralded as the first book-length exposition of the concept of harmony in the approximately 3,000 year old Confucian tradition. It provides a systematic analysis of Confucian harmony and defence of its relevance for contemporary moral and political thought. In this philosophical discussion of Li’s book, I expound its central claims, contextualize them relative to other salient work in English-speaking Confucian thought, and critically reflect on them in light of a conception of harmony that is salient in the sub-Saharan African tradition. Hence, this article aims to continue the nascent dialogue between indigenous Chinese and African philosophical traditions that has only just begun. Li responds to this critical notice in the same issue of the journal.