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Jaworska, Agnieszka. Respecting the Margins of Agency: Alzheimer’s Patients and the Capacity to Value
1999, Philosophy and Public Affairs 28(2): 105–138.
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Added by: Simon Fokt
Introduction: Dworkin puts forth two main arguments to justify adhering to the wishes the patient expressed before becoming demented. As he sees it, this course of action both promotes the patient’s well-being and is required in order to respect the patient’s autonomy. In each argument, while I consider most of the ideas well-founded, I challenge the crucial premise. In the argument focused on the patient’s well-being, I dispute the claim that demented patients are no longer capable of generating what Dworkin calls “critical interests.” In the argument concerning autonomy, I question the premise that demented patients no longer possess the “capacity for autonomy.”7 In each case, I will trace how the problematic premise arises within Dworkin’s argument and then develop an alternative account of the relevant capacity.

Comment: Jaworska asks: 'Should we, in our efforts to best respect a patient with dementia, give priority to the preferences and attitudes this person held before becoming demented, or should we follow the person’s present preferences?' (p. 108). The article offers a useful critical overview of the views expressed by Rebecca Dresser and Ronald Dworkin. It is best used as a primary reading in ethics classes focusing directly on medical ethics or autonomy, or as further reading in general ethics teaching on autonomy.

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Lai, Ten-Herng. Civil Disobedience, Costly Signals, and Leveraging Injustice
2021, Ergo 7(40): 1083-1108
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Added by: Simon Fokt, Contributed by: Anonymous
Abstract: Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible.

Comment: Talks about civil disobedience, especially on how its punishment can be problematic.

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Olsaretti, Serena. Freedom, Force and Choice: Against the Rights-Based Definition of Voluntariness
1998, Journal of Political Philosophy 6(1): 53-78.
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Added by: Carl Fox
Introduction: This paper argues that a moralised definition of voluntariness, alongside the more familiar moralised definition of freedom, underlies libertarian justifications of the unbridled market. Through an analysis of Nozick's account of voluntary choice, I intend to reveal some fatal mistakes, and to put forward some suggestions regarding what a satisfactory account of voluntary choice requires.

Comment: Offers a number of influential criticisms of Nozickian libertarianism and goes on to lay out the basis for Olsaretti's own influential account of voluntariness. Would make a good required reading or further reading.

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