Year: 2020 Page 4 of 9

Intellectual Property and the Problem of Disruptive Innovations

On 27 July, 2020

In Distribution, Economics, Rights, Technology, Work

In this post, Sam Duncan discusses his recent article in Journal of Applied Philosophy on the rights and duties of intellectual property.

Intellectual property is perhaps the most valuable form of property in the modern economy, and many recently minted multimillionaires and billionaires owe their fortunes to some sort of intellectual property claim. But why think that the creators of intellectual property deserve such outsized rewards? The most obvious answer seems to be to invoke some kind of Lockean or labor-based theory of intellectual property, which are usually taken to grant strong property rights to intellectual property with few obligations. However, as I argue in my recent article, these theories actually entail that those who claim many forms of intellectual property have very strong obligations to those made worse off by them. In fact, they would rule popular solutions to the job losses that many forms of intellectual property bring about, such as the universal basic income, to be entirely inadequate.

Causal Contribution in War

By Journal of Applied Philosophy

On 23 July, 2020

In Duties, Rights, War

In this post, Helen Beebee & Alex Kaiserman discuss their recent article in the Causation in War Symposium in Journal of Applied Philosophy on how a probabilistic account of causation speaks to civilian immunity in war.

According to orthodox just war theory, combatants in armed conflicts don’t have rights against being intentionally killed. But this position has come under sustained attack from moral theorists in recent years. What grounds permissible killing in war, many argue, is just what grounds permissible killing in ordinary life.

It’s not OK to kill someone out of revenge, or even because they just stole your expensive laptop and that’s the only way to retrieve it; but it is OK to kill them if they pose an immediate and unjustified threat to the life of you or your neighbour or a stranger, and killing them is the only way of averting that threat. Similarly for combatants: the right to life is universal, so if a combatant lacks such a right, it’s not in virtue of being a combatant, but rather in virtue of having forfeited her right by wrongfully contributing to an unjustified lethal threat to another person, thereby rendering her liable to be killed in self- or other-defence.

One consequence of this approach is that not all combatants are equal. If the armed forces of Aggressorland unjustifiably threaten the citizens of Victimland, they may forfeit their rights not to be killed by the armed forces of Victimland. But in threatening to respond in this way, the armed forces of Victimland do not forfeit their rights against being intentionally killed, because the threat they pose is justified. In some ways, then, this revisionist approach to the ethics of war offers more moral protections to agents in armed conflicts than traditional just war theory.

The focus of our paper, however, is on the consequences of such a view for non-combatants. On the face of it, if combatants shouldn’t be stripped of their rights to life simply in virtue of being combatants, then neither should non–combatants be allowed to keep their rights to life simply in virtue of being non-combatants. The civilians of Aggressorland may have wrongfully contributed in all kinds of ways to the unjustified threat to Victimland: by voting for the war, manufacturing arms, providing food and medical assistance, or writing pro-war articles, for example. The revisionist seems forced to concede that these civilians, as well as the combatants they support, are legitimate targets of defensive attack.

The ‘new normal’: a Rawlsian approach

By admin

On 20 July, 2020

In Distribution, General, Governance, Health, Liberty

In this guest post, Helen Taylor discusses the advantages of applying a Rawlsian lens to assessing and responding to the impact of COVID-19 on society.

COVID-19 and inequality

COVID-19 has had a remarkable impact on society, communities, and individuals’ lives. Few elements of everyday life have been unaffected by the pandemic. Two key elements of political theory – freedom and equality – have been a fundamental part of the lockdown experience.

The relationship between equality and the pandemic is complex. Two accounts have emerged. The first is an ‘equalising’ account: the pandemic has created a more even sense of equality in terms of what individuals are able to do. All individuals have experienced restrictions on their movement, who they can see, and what activities they can undertake.

The second is an ‘exacerbating’ account: the pandemic has categorically highlighted and exacerbated the existing inequalities in society. For example, regarding access to food, individuals and families who were reliant on foodbanks or free school meals to meet their basic needs faced substantially more precarity when access to these services was suspended.

Causation Doesn’t Come in Degrees

By Journal of Applied Philosophy

On 16 July, 2020

In Duties, Rights, War

In this post, Carolina Sartorio discusses her recent article in the Causation in War Symposium in Journal of Applied Philosophy on how degrees of causation can (and cannot) bear on liability to harm.

The recent literature on the ethics of war draws heavily on the concept of causation. Your liability to be attacked during a war, some suggest, depends on the extent of your causal contribution to an unjust threat. Prominent theorists like Jeff McMahan and Cecile Fabre embrace a principle of civilian immunity on this basis: they claim that civilians (unlike soldiers) aren’t liable to attack because their causal contributions to an unjust war are typically very minimal. These ideas rest on an important assumption: that causation comes in degrees. But, is this assumption true? In my article, I argue against it. I claim that the appearance that causation comes in degrees is an illusion that can be explained away.

Forced Marriage in Times of COVID-19

By admin

On 13 July, 2020

In Gender, Governance, International, Liberty, Rights

In this guest post, Helen McCabe discusses whether COVID-19 will set back the aim of ending forced marriage.

Governments need to act regarding the impact of COVID-19 on women. More than that, they need to ensure future responses to pandemics don’t perpetuate sexism or exacerbate unequal impacts on women. This necessitates acknowledging the damage currently being done and committing to learning from this example.

Introduction: Symposium on War and Causation

By Journal of Applied Philosophy

On 9 July, 2020

In Duties, Rights, War

In this post, Helen Frowe and Massimo Renzo introduce a recent symposium they edited in Journal of Applied Philosophy on how accounts of causation bear on ethics in war.

Causation, and differences in types of causal contribution, underpin various issues in the ethics of war and defensive harming. For example, one of the key ideas about defensive harming is that of moral liability to defensive harm. A standard view of liability is that a person forfeits her right not to suffer harm if she is morally responsible for a threat of unjust harm to others. Her specific connection to the threat might matter in several ways – the degree, type, and proximity to causation might all make a difference to her liability. Some writers argue that although civilians causally contribute to threats of unjust harm in war, they do not contribute enough to render themselves liable to (lethal) attack. Others argue that making distinctively military causal contributions, such as providing weapons, makes one a candidate for liability, but contributing food or medical supplies does not. Still others argue that one’s position in the causal chain bears on one’s liability: only those who directly pose threats of unjust harm, or who are sufficiently causally proximate to them, are liable to defensive harm.

However, despite their centrality to some of the most important issues in the ethics of war and self-defence, there has been very little exploration of whether these claims withstand scrutiny from the perspective of our best accounts of causation. To cast some light on this, the Conversations on War project, which is run by the Stockholm Centre for the Ethics of War and Peace and the YTL Centre at King’s College, London, set out to explore how philosophers working on the ethics of war can draw on research in other areas of philosophy to improve our accounts of harming in war, and how research on the ethics of war might challenge or illuminate work in those other areas. In this post, we summarise our introduction to a symposium that arose from these conversations that offers a substantial critical analysis of the role of causation in contemporary work on the ethics of war and self-defence, and is an important move towards making work on just war theory and defensive harm less insular.

Democracy’s Unpluckable Feathers and Presidential Term Limits

By admin

On 6 July, 2020

In Democracy, General

In this guest post, Mark Satta discusses the importance of presidential term limits for democracy, and that popular resistance is crucial in enforcing them.

In her book Fascism: A Warning, former U.S. Secretary of State Madeleine Albright recounts that “Mussolini observed that in seeking to accumulate power it is wise to do so in the manner of one plucking a chicken—feather by feather—so each squawk is heard apart from every other and the whole process is kept as muted as possible.” We often think of dictatorships as arising from wars or coups, but Mussolini’s analogy vividly expresses how nations can slip from liberal democracies to illiberal autocracies through a series of small, incremental changes.

Big Data and the Self: Exploitation Beyond Biopolitics

By admin

On 15 June, 2020

In General

In this guest post, Arianna Marchetti discusses Big Data from the perspective of Foucault’s biopolitics.

Foucault claims that biopolitics (a form of macro-politics that aims at disciplining the population through the use of demographics, medicine, and the normative regulation of sexuality), is the disciplinary form of capitalism and is essential to its functioning as it disciplines the body in its form of production. But as new technological developments have emerged does this concept still help us to unmask current forms of domination?

Consultation that silences

By Journal of Applied Philosophy

On 11 June, 2020

In Climate, Democracy, Governance, Rights

In this post, Dina Lupin Townsend discusses her recent article co-authored with Leo Townsend in Journal of Applied Philosophy on the silencing of indigenous communities in consultation processes.

Photo by Jonatan Lewczuk on Unsplash

Ten years ago, I was working as an attorney at the Centre for Environmental Rights, an NGO and environmental law clinic in South Africa. My work involved representing impoverished rural communities whose land and livelihoods were threatened by mining activities. With almost no resources, these communities were battling some of the most powerful multinational companies in the world.

Despite this inequality of resources, these communities should have been able to hold mining companies to account under South Africa’s rights-based legal system. The law requires that any development includes those affected within decision-making processes. Communities have a collective right to participation in these processes, and mining companies are obligated to consult with them before undertaking any activities.

On the face of it, the right to consultation should ensure that communities are kept informed and given a say in the decision-making process. In practice, however, consultation with affected communities is often little more than a box-ticking exercise. The clients I represented frequently complained of being unheard and marginalised by the very processes that were meant to empower their voices.

The experience of South African communities is far from unique in this regard. Faced with similar circumstances, Indigenous and rural peoples across the world have demanded that they be consulted and given opportunities to have their say about industrial activities on their land. But while states and companies are increasingly recognizing that they must consult affected communities, the consultation processes that they undertake often fail to give these communities a real say. Indeed, as Leo Townsend and I argue in a recent paper, there are consultation practices that routinely prevent communities from having their say and thereby silence their voices.

Feminism and the top end of the payscale

By Anca Gheaus

On 8 June, 2020

In Distribution, Economics, Gender, General, Rights

Class is a deep dividing line in feminism for two, mutually compatible, reasons: One is about the strategic use of limited time and energy in the feminist movement. The interests of poor and working-class women often diverge from the interests of the more privileged, hence the need to set priorities. This is what my previous post was about.

But the more important reason – captured these days by the agenda of the Feminism for the 99% movement – is that the problems of women who make it to the top are parasitic on a structure of the labour market and schedule of rewards that should not exist in the first place. This second complaint against lean-in feminism (sometimes and, I think, mistakenly, identified as “liberal feminism”) is not merely about misplaced priorities, but about identifying feminism with the gender cosmetisation of deeply unjust existing arrangements. The worry with the upper class feminism is, as Cinzia Arruzza, Tithi Bhattacharya, and Nancy Fraser put it, that “[i]ts real aim is not equality, but meritocracy. Rather than seeking to abolish social hierarchy, it aims to “diversify” it, “empowering” “talented” women to rise to the top.”