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Philosophy and Public Policy

Philosophy and Public Policy

Andrew I. Cohen

(2018)

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Abstract

Public policy debates often turn on how to get things done once we know our policy objectives. But how do we make appropriate progress when people disagree about what those objectives might be? In this volume, a team of world-renowned scholars introduce and explore the power of philosophy as a tool for understanding public policy controversies. Each chapter uses the tools and concepts of philosophy to frame an assessment of what is at stake in an enduring and recent policy debate. Organised thematically, the volume addresses issues such as disability policies, parenting, immigration, political apologies, criminal punishment, data gathering, and more. Drawing on the resources of ethical theory, social philosophy, and political theory in a highly accessible way, the book is ideal for students and scholars in both philosophy and public policy.
Philosophers have much to say about public affairs and to improve public policy. This wide-ranging book shows how, where and why across some of the most important topics in policy circles today.
Thom Brooks, Dean of Durham Law School
Andrew I. Cohen is Associate Professor of Philosophy and Director of the Jean Beer Blumenfeld Center for Ethics at Georgia State University. He is the author of Philosophy, Ethics, and Public Policy (2015), and co-editor, with Christopher Heath Wellman, of Contemporary Debates in Applied Ethics (2005, 2014).

Table of Contents

Section Title Page Action Price
Philosophy and Public Policy Cover
Contents v
Acknowledgments ix
Introduction xi
Part I: Rule of Law: Applications and Exemptions 1
1 Moral Reasoning and the Death Penalty 3
Two Aspects of Fairness in Sentencing 3
Abstract versus Particularistic Moral Reasoning 6
Nussbaum on Mitigation 10
Asymmetry between Mitigating and Aggravating Factors 12
Conclusion: Arbitrariness and Retributive Justice 16
2 Philosophy, Prostitution, and Policy 19
Background 20
Sex and Morality 22
Good Sex, Bad Sex 24
Sexual Autonomy 26
Revisiting the Swedish Model—Feminist Gains and Losses 28
3 Bulk Collection, Intrusion, and Domination 39
Conventional Technology for Targeted Surveillance and Zones of Privacy 41
How Bulk Collection Is Different 44
The NSA State and the Stasi State 51
What Really Is Wrong with Bulk Collection 53
Democracy and Secrecy: A Tension 55
4 A Public Reason Approach to Religious Exemptions 61
Public Reason and Public Justification 62
Basic Liberal Institutions 65
Religious Exemptions 67
Additional Considerations for the Non-Exempt 70
The Prominence, but Non-Uniqueness, of Religious Exemptions 71
Part II: Topics on Public Policies and Public Goods 79
5 Acceptable Risk of Extinction in the Context of Endangered Species Policy 81
The Biodiversity Crisis 82
The Value of Species 83
Assessing Extinction Risk 86
Policy Tools and Policies 88
Prioritization and Acceptable Risk 96
Conclusion and Recommendation 96
6 Public Goods and Education 105
The Ubiquity of Public Goods 105
The Poverty of Public Goods Arguments 107
Third-Party Payers 111
Conclusion 117
7 Ethical Issues in Academic/Industrial Collaborations 121
A Brief History of Collaborations between Academia and Industry 121
Benefits of Collaborations between Academia and Industry 124
Ethical Issues and Concerns Raised by Collaborations between Academia and Industry 124
Conclusion: Addressing Ethical Issues and Concerns 130
8 “Pervasive” Biomedical Technologies: Implications for Ethics and Policymaking 137
The Pervasiveness Hypothesis 137
The Social Dynamic of Pervasive Technologies 138
The Pervasiveness Hypothesis and Biomedical Technologies 142
Enhancement 147
Implications for Biomedical Ethics and Policymaking 150
Part III: Public Policies Shaping Public and Private Identities 157
9 Immigration in Philosophy and in Policy 159
The Question of Justification: What Moral Justification Can Be Given for the Right to Exclude? 161
The Question of Discrimination: What Reasons Can Be Rightly Given to Prefer a Given Candidate for Migration? 165
The Question of Immunity: Who Cannot Be Refused Entry? 167
The Question of Membership: Who Is an Outsider? 169
The Question of Enforcement: What May States Do, in the Name of Preventing Unwanted Migration? 172
10 Toward an Ethics of Political Apology 179
Apologies and Ethics 180
Making Room for Political Apologies 183
Rights and Duties of Moral Repair 185
Concluding Thoughts 193
11 Parenting, Philosophy, Public Policy, and a Puzzle: “Good Enough” Parents, Sure, but Why the Requirement That Parents Be Two People in Love? 199
Evolving Family Ideals 199
Background: A Rights-Based Conceptual Framework for Counting Children In 202
Who Gets to Parent and the “Good Enough” Standard?: Biological versus Adoptive Parents 205
Numbers of Parents: Why Stop at Two? 205
Must There Be Love? 209
12 Disability, Identity Justice, and the Politics of Nondiscrimination 215
Disability Jurisprudence 217
“Disability” as a Term of Art 219
A Scenario of Disability 223
More Scenarios of Disability 226
Accommodation or Modification? 228
Conclusion 229
About the Contributors 242
Index 235