Normative Ethics, General Works

In the absence of kidney markets, alternative institutions for exchanging kidneys have arisen to give donors incentives to donate. I examine thirteen such institutions, and ask whether moral arguments against markets, such as commodification, apply to them or not. I find that most arguments against kidney arguments also argue against these alternative institutions, meaning those arguments are not strong enough to prevent society from using institutions to exchange kidneys. Two arguments that do explain which kidney exchange institutions are socially accepted (...) and which are not are that institutions should not be want-regarding and should not be exploitative.Screening donors to eliminate those with socially unacceptable motives for donation and those who are in a position of being exploited could make kidney markets acceptable, since they would then only be vulnerable to arguments which have not prevented alternative exchange institutions from functioning. (shrink)

Economic policy decisions require comparisons of the gains and losses from policy choices to different people. If those gains can be valued in monetary terms, than all that is needed is a comparison of the value of income to different persons, which can be weights in cost-benefit analysis. An objective comparison of the value of income to different people has been long sought but never found. I propose that when money to be allocated is controlled by a group of people (...) with equal control over that money, then a hypothetical auction for transfers of income between people can produce a collective judgment about the value of income that provides suitable weights, and is morally defensible in cases where the decision is made by the group collectively, e.g. when making government policy choices. I provide a method for calculating such weights from observed choices about distributing income, and discuss several desirable properties that they have. (shrink)

This chapter presents a new argument for thinking of traditional ethical theories as methods that can be used in first-order ethics - as a kind of deliberation procedures rather than as criteria of right and wrong. It begins from outlining how ethical theories, such as consequentialism and contractualism, are flexible frameworks in which different versions of these theories can be formulated to correspond to different first-order ethical views. The chapter then argues that, as a result, the traditional ethical theories cannot (...) be evaluated in terms of their truth or correctness. Instead, I will suggest that these theories should be understood as providing different kind of ways of thinking about difficult moral problems. I then recommend a certain form of pragmatic pluralism - it may well be that different moral problems are better approached through different ethical theories. (shrink)

Positing group level obligations has come under attack from concerns relating to agency as a necessary requirement for obligation bearing. Roughly stated, the worry is that since only agents can have moral obligations, and groups are not agents, groups cannot have moral obligations. The intuition behind this constraint is itself based on the ability requirement of 'ought implies can': in order for a group to have an obligation it must have the ability to perform an action, but only agents can (...) have abilities. This paper argues that from accounts of shared agency we can develop a concept of joint ability, undermining the problem of agency for group obligations. (shrink)

Generating an account that can sidestep the disagreement among substantive theories of well-being, while at the same time still providing useful guidance for well-being public policy, would be a significant achievement. Unfortunately, the various attempts to remain agnostic regarding what constitutes well-being fail to either be an account of well-being, provide useful guidance for well-being policy, or avoid relying on a substantive well-being theory. There are no theory-free lunches in well-being policy. Instead, I propose an intermediate account, according to which (...) well-being is constituted by endorsed veridical experiences. This account refers back to theories of well-being but does so as agnostically as possible. An intermediate account of well-being is meant as a policy guiding compromise between the different theories of well-being that make claims regarding what constitutes well-being. An intermediate account does as well as can be hoped for in providing a basis for well-being policy. (shrink)

What justifies practices of “standing”? Numerous everyday practices exhibit the normativity of standing: forbidding certain interventions and permitting ignoring them. The normativity of standing is grounded in facts about the person intervening and not on the validity of her intervention. When valid, directives are reasons to do as directed. When interventions take the form of directives, standing practices may permit excluding those directives from one’s practical deliberations, regardless of their validity or normative weight. Standing practices are, therefore, puzzling – forbidding (...) giving reasons and, if given, permitting disregarding such reasons. What justifies standing practices are the values that they protect, including privacy, autonomy, independence, valuable relationships, and equal respect. These values count in favor of standing’s duty against certain interventions and, when these duties of non-intervention are breached, the values underpinning those duties count in favor of standing’s permission to discount or exclude those interventions from one’s practical deliberations – the normative weight of those interventions notwithstanding. (shrink)

I argue that you can be permitted to discount the interests of your adversaries even though doing so would be impartially suboptimal. This means that, in addition to the kinds of moral options that the literature traditionally recognises, there exist what I call other-sacrificing options. I explore the idea that you cannot discount the interests of your adversaries as much as you can favour the interests of your intimates; if this is correct, then there is an asymmetry between negative partiality (...) toward your adversaries and positive partiality toward your intimates. (shrink)

Holly Smith (2014) contends that subjective deontological theories – those that hold that our moral duties are sensitive to our beliefs about our situation – cannot correctly determine whether one ought to gather more information before acting. Against this contention, I argue that deontological theories can use a decision-theoretic approach to evaluating the moral importance of information. I then argue that this approach compares favourably with an alternative approach proposed by Philip Swenson (2016).

First-order normative theories concerning what’s right and wrong, good and bad, etc. and metanormative theories concerning the nature of first-order normative thought and talk are widely regarded as independent theoretical enterprises. This paper argues that several debates in metanormative theory involve views that have first-order normative implications, even as the implications in question may not be immediately recognizable as normative. I first make my claim more precise by outlining a general recipe for generating this result. I then apply this recipe (...) to three debates in metaethics: the modal status of basic normative principles, normative vagueness and indeterminacy, and the determination of reference for normative predicates. In each case I argue that certain views on each issue carry first-order normative commitments, in accordance with my recipe. (shrink)

Children are routinely treated paternalistically. There are good reasons for this. Children are quite vulnerable. They are ill-equipped to meet their most basic needs, due, in part, to deficiencies in practical and theoretical reasoning and in executing their wishes. Children’s motivations and perceptions are often not congruent with their best interests. Consequently, raising children involves facilitating their best interests synchronically and diachronically. In practice, this requires caregivers to (in some sense) manage a child’s daily life. If apposite, this management will (...) focus partly on a child’s well-being. To be ably executed, an account of children’s well-being will need to be articulated. This chapter focuses on the nature of children’s well-being. It has five sections. The first section clarifies the focus. The second section examines some hurdles to articulating a view of children’s well-being. The third section evaluates some accounts of children’s well-being. The fourth section addresses the view that children possess features essential to them that make their lives on balance prudentially bad for them. The fifth section sums things up. (shrink)

Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons but of (...) ‘exclusionary permission’. That is, standing norms provide for permission to exclude from practical deliberation directive-reasons if given without the requisite standing, regardless of their normative weight. As such, standing is a type of second-order norm. Numerous everyday practices involve the deflection of directives, such as pervasive practices of deflecting hypocritical and officious directives. Of various possible models, the one that best captures the normative structure of these practices of deflection is the standing model. Accordingly, the normativity of standing is pervasive in our everyday practices. Establishing that standing, although a neglected philosophical idea, is a significant and independent normative concept. (shrink)

The goal of this work is to analyse the paradigmatic concept of universal values important for bioethics such as autonomy, beneficence, justice and developing contextual approaches in resolving the moral questions on bioethics. It also aims to reveal and analyse the importance of universal approaches despite the basic non-liminality of a context and subjectivity. Keywords: autonomy, contextualism, subjectivity, universal values, metaethics, normativity.

I reconsider the concept of dignity in several ways in this article. My primary aim is to move dignity in a more relational direction, drawing on care ethics to do so. After analyzing the power and perils of dignity and tracing its rhetorical, academic, and historical influence, I discuss three interventions that care ethics can make into the dignity discourse. The first intervention involves an understanding of the ways in which care can be dignifying. The second intervention examines whether the (...) capacity to care should be considered a distinguishing moral power – as rationality often is – in light of which humans have dignity. In the third intervention, I cast dignity as a fundamentally relational concept and argue that relationality is constitutive not only of dignity but also of the wider enterprise of normativity. I understand relationality as the condition of connection in which all human beings stand with some other human beings. A thought experiment involving the last person on earth helps to reframe the normative significance of human relatedness. Dignity emerges as fundamentally grounded in relationality. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

This article argues that the existence of horrendous evil calls into question not just the plausibility of the most popular theodicies on offer, notably sceptical theism, but the coherence of any agatheology–that is, any theology which identifies God or the ultimate reality with the ultimate good or with a maximally good being. The article contends that the only way an agatheologian can ‘save the face of God’ after Auschwitz and Kolyma is by endorsing a non-interventionist interpretation of the Divine providence (...) which will amount to naturalisation of the discourse on evil by localising entirely in nature the causes of evil and the possible ways of its prevention. ‘Theodicy of justice as fairness’ is then presented as consistent with such naturalistic account of evils and yet compatible with a religious worldview. It justifies the Divine non-intervention by suggesting that it would not be just or fair for God to intervene on only some occasions to avert evil, if God is apparently prevented from intervening in all such cases. Since for Agatheos it is metaphysically impossible to do what is unjust or unfair, God never intervenes to avert evil. (shrink)

This is a critical review of J. B. Schneewind's Essays on the History of Moral Philosophy which both praises and raises worries about some of the main claims found in select articles in the volume. It engages with Schneewind's remarks on the historiography of moral philosophy.

It’s natural to think of acts of solidarity as being public acts that aim at good outcomes, particularly at social change. I argue that not all acts of solidarity fit this mold - acts of what I call ‘private solidarity’ are not public and do not aim at producing social change. After describing paradigmatic cases of private solidarity, I defend an account of why such acts are themselves morally virtuous and what role they can have in moral development.

Karl Homann ist vor allem als Wirtschaftsethiker bekannt. Er war der erste Inhaber eines wirtschaftsethischen Lehrstuhls und gilt als einer derjenigen Autoren, die das Fach Wirtschaftsethik im deutschen Sprachraum maßgeblich geprägt haben. Dabei hat Homann seinen wirtschaftsethischen Theorieentwurf nie als eine schlichte Anwendung ethischer Grundsätze auf Fragen des Wirtschaftens verstanden. Vielmehr begriff er ihn als allgemeinen ethischen Ansatz mit ökonomischer Methode. Im Rahmen dieses Ansatzes sollte die abendländische Moral ökonomisch rekonstruiert werden, um sie so unter den Bedingungen moderner Gesellschaften mit (...) institutionalisiertem marktwirtschaftlichen Wettbewerb überlebensfähig zu machen. Mit seiner neuen Monographie Sollen und Können stellt Karl Homann dieses Grundmodell einem weiteren Leserkreis vor. Er will sein Buch also nicht als einen neuen Beitrag zur Wirtschaftsethik-Debatte verstanden wissen, sondern als allgemeinen philosophischen Ethikentwurf. Die Argumentation, die Homann in Sollen und Können vorstellt, soll im Folgenden selektiv zusammengefasst und kritisch gewürdigt werden. (shrink)

Religion is a deriving force for social change in India since ancient times. Although we boast about ancient Indian ideals of social stratification, which made a long lasting discrimination within society, and most of the times we do not do any justice to social-political life of a billion peoples. The study of the relation between religion and politics showed that this relation always made a problematic situation for the indigenous people and always benefitted invaders. The idea of the interface or (...) mixing of religion and politics being problematic and potentially dangerous is a byproduct of the rise of secularism, often regarded as one of the hallmarks of modern society. The concept of social justice is an important concept for the social-political harmony in present times. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Social justice is a public and collective good that involves an equitable sharing of the earth’s power, resources and opportunities to enable people individually and collectively to develop their talents to the fullest. Its realisation requires social relations embedded in trust, acceptance, mutuality, reciprocity and solidarity. Under Indian Constitution the use of social justice is accepted in wider sense, which includes social and economical justice both. Ancient social structure allows us to see the discrimination made to indigenous people with reference to their socio-political life. These evils not only effects Hindu social order rather it also haunts the social structure of newly established religions in Indian continent. The objective of this paper is to disuses the role of religions in imparting social justice to Indian socio-political structure of our society. First we will see the place of religion in society then sees its effect on socio-political order whether it is affirmative or negative which allow us to make any rational conclusion. (shrink)

This paper is an examination of the ethical principles of effective altruism as they are articulated by Peter Singer in his book The Most Good You Can Do. It discusses the nature and the plausibility of the principles that he thinks both guide and ought to guide effective altruists. It argues in § II pace Singer that it is unclear that in charitable giving one ought always to aim to produce the most surplus benefit possible and in § III that (...) there is a more attractive set of principles than the ones Singer outlines that ought to guide effective altruists in their philanthropic practices and in their lives more generally. These principles fit better with his practical ambitions and with plausible attitudes about the limits of beneficence. (shrink)

Do facts about what an agent would freely do in certain circumstances at least partly determine any of her moral obligations? Actualists answer ‘yes’, while possibilists answer ‘no’. We defend two novel hybrid accounts that are alternatives to actualism and possibilism: Dual Obligations Hybridism and Single Obligation Hybridism. By positing two moral ‘oughts’, each account retains the benefits of actualism and possibilism, yet is immune from the prima facie problems that face actualism and possibilism. We conclude by highlighting one substantive (...) difference between our two hybrid accounts. (shrink)

In contemporary ethics, the free rider problem occurs when in a group of people who work for a common aim, someone takes advantage of the collective work and makes a comparatively lower effort than the rest of the group, receiving the same benefits. The problem consists in avoiding this behavior that, intuitively, is considered undesirable. This essay presents an analysis of the problem from three different perspectives in moral education: consequentialism, deontologic proceduralism and virtue ethics. I show the weaknesses of (...) consequentialism and of deontology to analyze and solve this problem and avoiding the undesirable behavior. Finally, I show that an examination of the problem from the perspective of virtue ethics as a model of moral education offers certain advantages over the other models. (shrink)

A philosophical discussion of children's well-being in which various existing views of well-being are discussed to determine their implications for children's well-being and a variety of views of children's well-being are considered and evaluated.

This is a critical review of Terence Irwin's The Development of Ethics: A Historical and Critical Study. Volume III: From Kant to Rawls. Among other things, the review remarks on the book's treatment of utilitarianism and on its lack of discussion of work in feminist ethics in the twentieth century.

Die Debatte um die Differenz von „Verantwortung“ und „Pflicht“ ist kein bloßer Streit um Wörter, geht es doch um Begriffe, für die der Anspruch erhoben wird, sie seien konstitutiv für moralische Normativität oder gar für Normativität per se. Doch welchen Unterschied macht es, die besondere Bindungskraft von Normativität über Verantwortung oder über Pflicht zu explizieren? Die Genealogie der philosophischen Reflexionen auf Verantwortung lokalisiert die Differenz zwischen Pflicht und Verantwortung in den jeweiligen Selbstverhältnissen, die mit diesen Begriffen verbunden werden. Die Analyse (...) der Struktur dieser Selbstverhältnisse erklärt sowohl, warum Verantwortung häufig als moderner Ersatzbegriff für Pflicht gedacht wird, als auch, welchen Unterschied die Explikation der Bindungskraft von Normativität über Verantwortung oder Pflicht macht: Je nachdem, mit welchem Begriff normative Kraft erläutert wird, wandert das entsprechende Selbstverhältnis in die Verfasstheit von Normativität ein. (shrink)

Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the wrongdoing to its rightful owner (...) — then matters are morally more straightforward. But in real-world cases that is often impossible, and questions of ‘how much, from whom and to whom?’ become far more vexing. The beneficiary disgorging all benefits of the wrong is part of the story, but where that is not possible or will not suffice to compensate the victim of wrongdoing we discuss various ways of allocating the cost of making the victim whole, including supplementation from public coffers. (shrink)

The politics of climate change is marked by the fact that countries are dragging their heels in doing what they ought to do; namely, creating a binding global treaty, and fulfilling the duties assigned to each of them under it. Many different agents are culpable in this failure. But we can imagine a stylised version of the climate change case, in which no agents are culpable: if the bad effects of climate change were triggered only by crossing a particular threshold, (...) and it was reasonably, but mistakenly, believed by each country that insufficiently many other countries were willing to cooperate in order for that threshold to remain uncrossed, no country would be required to make a unilateral contribution. Yet even without culpability, we can diagnose a moral ill: the world has gone other than it should have. If not for the mistaken beliefs, there would have been a global climate treaty, and all the avoidance of future suffering that would come with it. In this article I argue that this moral ill has implications for the non-culpable agents, in that it generates duties to disgorge actual holdings over and above the counterpart holdings in the relevant counterfactual: those holdings the agents would have had, were the world to have gone as it should. (shrink)

Cornea (2012) argues that I (2011) was wrong to use the analogy between morality and motion to defend cultural relativism. I reply that the analogy can be used to clarify what cultural relativism asserts and how a cultural relativist can reply to the criticisms against it. Ockham’s Razor favours the relativist view that there are no moral truths, and hence no culture is better than another. Contrary to what Cornea claims, cultural relativism does not entail that we cannot protect ourselves (...) from those who attack us, and that the ruling of an international court lacks moral legitimacy. (shrink)

This is a retrospective essay on Henry Sidgwick's "My Station and Its Duties" written to mark the 125th anniversary of Ethics. It engages with Sidgwick's remarks on the kind of ethical expertise that the moral philosopher possesses and on his approach to practical ethics generally.

Title in English: Pastoral Counseling Psychology: Premarital, Marriage, and Family Contexts. "Pastoral counseling" is different from "Christian counseling". Pastoral counseling is a counseling orientation (not a theoretical school) that emphasizes openness to exploration (including tolerating mystery or ambiguity) of spiritual and religious issues (e.g., the concept of God) on clients and between clients and counselors, in which case the issue might be viewed as the root of daily life problems. Pastoral counseling still uses the concepts of counseling psychology or psychotherapy (...) in general, such as the helping relationship or therapeutic relations. Pastoral counseling psychology is demanded to be pro-active, continuous challenging itself to perform critical reflection and to contribute thoughts and praxis "in concreto" in solving psychological problems. (shrink)

The past four decades of research in the social sciences have shed light on two important phenomena. One is that human decision-making is full of predicable errors and biases that often lead individuals to make choices that defeat their own ends (i.e., the bad choice phenomenon), and the other is that individuals’ decisions and behaviors are powerfully shaped by their environment (i.e., the influence phenomenon). Some have argued that it is ethically defensible that the influence phenomenon be utilized to address (...) the bad choice phenomenon. They propose that “choice architects” learn about the various ways in which choices can be influenced and directed by the environment, and then work to design environments, broadly construed, that influence individuals towards choices that make them better off. Those who advocate intentionally creating choice environments that lead people to better choices believe that doing so is ethically permissible because (1) it makes people better off, and (2) it does so in a way that is entirely compatible with individual liberty. The evaluation of these two claims is the main focus of this paper. (shrink)

In Democratic Authority and the Separation of Church and State, Robert Audi addresses disagreements among equally rational persons on political matters of coercion by analysing the features of discussions between epistemic peers, and supporting a normative principle of toleration. It is possible to question the extent to which Audi’s views are consistent with the possibility of religious citizens being properly defined as epistemic peers with their non-religious counterparts, insofar as he also argues for some significant constraints on religious reasons in (...) public debates, and he advocates secular reasons being considered as equivalent to natural reasons. I shall also consider Jürgen Habermas’s criticism of Audi’s stance. One of Habermas’ main points focused on Audi’s strong division between religious and non-religious arguments that requires religious citizens to artificially split their reasons, while non-religiously affiliated citizens are not met with any similar requirement. Also, analysing the concept of epistemic parity, we can as well grasp some of the main features of the Habermasian idea of postsecularism. The difference between secular and postsecular views can be framed as hinging on what it means to be epistemic peers, thus bearing consequences on the understanding of the relationship between church and state—particularly regarding the nature of state neutrality and the different status of churches and organised secular groups. (shrink)

In the following pages, the main proposal is to indicate how Max Weber has dialogued directly with some prerogatives from Kant’s Critic of practical Reason, following the reception of Wilhelm Windelband’s concept of “responsibility” (Verantwortlichkeit) and his theory of values. In sight of these influences, in this paper will be argued how Weber adherence to the neo-Kantian value concept has made possible a review on the categorical imperatives, which has turned his reading from Kantian philosophy to the proposal of an (...) antinomy between the ethic of conviction and the ethic of responsibility inside the Kantian moral maxims. -/- Nessa abordagem será proposto que a recepção de Max Weber do conceito de “responsabilidade” (Verantwortlichkeit) de Wilhelm Windelband, bem como sua revisão de certos elementos da filosofia dos valores neokantiana do sudoeste da Alemanha, permitiram que Weber estabelecesse um diálogo mais direto com os pressupostos de Kant em sua Crítica da razão prática. Em vista dessas influências, o presente artigo argumentará que a maneira como Weber revisa os imperativos categóricos direcionou sua compreensão da filosofia kantiana pelo conceito de “valores”, o permitindo ainda, propor a existência de uma antinomia entre a ética da convicção e da responsabilidade no interior das máximas morais kantianas. (shrink)

In recent decades, concepts of group agency and the morality of groups have increasingly been discussed by philosophers. Notions of collective or joint duties have been invoked especially in the debates on global justice, world poverty and climate change. This paper enquires into the possibility and potential nature of moral duties individuals in unstructured groups may hold together. It distinguishes between group agents and groups of people which – while not constituting a collective agent – are nonetheless capable of performing (...) a joint action. It attempts to defend a notion of joint duties which are neither duties of a group agent nor duties of individual agents, but duties held jointly by individuals in unstructured groups. Furthermore, it seeks to illuminate the relation between such joint duties on the one hand and individual duties on the other hand. Rebutting an argument brought forward by Wringe, the paper concludes that it is not plausible to assume that all humans on earth can together hold a duty to mitigate climate change or to combat global poverty given that the members of that group are not capable of joint action. (shrink)

Dictionary entry discussing the main moral and meta-ethical doctrines found in the works of James Griffin.

The paper offers a critique of sanctionism. According to this view, moral obligations are generated by the fear of sanctions. I argue that this view cannot capture the nature of important moral concepts and practices. I discuss in detail the practice of attributing moral responsibility to show this.

This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...) human rights, which are moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights -- that they are normative entitlements prior to and independent of substantive theories of justice -- is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed -- and much greater agreement about international justice should be reached -- before anything more than a very minimal list of international human rights can be justified. (shrink)

This paper presents an argument against the widespread view that ‘hard choices’ are hard because of the incomparability of the alternatives. The argument has two parts. First, I argue that any plausible theory of practical reason must be ‘comparativist’ in form, that is, it must hold that a comparative relation between the alternatives with respect to what matters in the choice determines a justified choice in that situation. If comparativist views of practical reason are correct, however, the incomparabilist view of (...) hard choices should be rejected. Incomparabilism about hard choices leads us to an implausible error theory about the phenomenology of hard choices, threatens an unattractive view of human agency, and leaves us in perplexity about what we are doing when we choose in hard choices. The second part of the argument explores the main competitor to comparativist views of practical reason, noncomparativist view, according tow which a choice is justified so long as it is not worse than any of the alternatives. This view is often assumed by rational choice theorists but has its best philosophical defense in work by Joseph Raz. On Raz’s view, incomparabilism about hard choices avoids the problems faced if comparativism is correct, but it faces different difficulties. I argue that Raz’s noncomparativist view mistakenly assimilates practical reason to more restricted normative domains such as the law. (shrink)

In general, we think that when it comes to the good of another, we respect that person’s will by acting in accordance with what he wills because he wills it. I argue that this is not necessarily true. When it comes to the good of another person, it is possible to disrespect that person’s will while acting in accordance with what he wills because he wills it. Seeing how this is so, I argue, enables us to clarify the distinct roles (...) that the wills of competent and incompetent people should play in third-party deliberations about their welfare. (shrink)

Julius Kovesi was a moral philosopher contemporary with Alasdair MacIntyre, and dealing with many of the same questions as MacIntyre. In our view, Kovesi’s moral philosophy is rich in ideas and worth revisiting. MacIntyre agrees: Kovesi’s Moral Notions, he has said, is ‘a minor classic in moral philosophy that has not yet received its due’. Kovesi was not a thinker whose work fits readily into any one tradition. Unlike the later MacIntyre, he was not a Thomistic Aristotelian, nor even an (...) Aristotelian. He saw his viewpoint as Platonic, or perhaps more accurately as Socratic. His writings, unlike MacIntyre’s, have little to say about justice. However, Kovesi did offfer a theory of practical reason. His main contention was that all human social life embodies a set of concepts that govern and guide that life, concepts without which that life would be impossible. These include our moral concepts. For Kovesi, moral concepts are not external to, but constitutive of social life in any of its possible forms. But in the course of his argument he also developed a way of thinking about how concepts work, which we term ‘conceptual functionalism’, and which we will elucidate. (shrink)

This work describes a seminal framework of law by one of the founders of the field of law and economics, Judge Guido Calabresi. It broadens what is known as the framework of law among legal scholars, and posits a calabresi theorem which is developed and explained, in part, in comparison to the coase theorem. The framework provides policymakers a tool for creating balanced policies.