This paper aims to make headway on two related issues—one methodological, the other substantive. The former concerns cost–benefit analyses when applied to metaphysical theory choice. The latter concerns material coincidence, i.e., multiple objects occupying the same space at the same time, such as the statue and the clay from which it’s made. The issues are entwined as many reject coincidence on the grounds that it’s costly. I argue this judgment is unjustified. More generally, I set out and defend a framework (...) for the use of cost–benefit analyses in metaphysics. The framework employs a fourfold division of pretheoretical costs and benefits, and theoretical costs and benefits. Yet these do not hold equal weight. Instead I argue that the appeal to theoretical benefits is illegitimate if the theory in question cannot first account for the relevant evidence or data, including, crucially, certain bits of pretheoretical or common knowledge. This is crucial because I not only argue that material coincidence is consistent with common sense, against what is widely believed, but that coincidence may even be a feature or implication of the common sense view. Put together, the result is that accepting an anti-coincidence theory for its putative theoretical virtues at the expense of common sense is an improper usage of the cost–benefit methodology. I instead conclude that material coincidence should be accepted with equanimity—which, after all, is free. (shrink)

This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework is provided for evaluating such choices with (...) regard to possible alternatives. The assessment of legislative choices according to proportionality is then considered, and is modelled using the provided analytical framework. Finally, the framework is expanded to include the ideas of reasonableness and institutional deference, and the corresponding margins of appreciation. (shrink)

Cost-benefit analysis (CBA) is inappropriate as an aid to Covid policy-making because the plural, incommensurable values at stake are not all amenable to monetary measurement. CBA for Covid policy is also undermined by pervasive uncertainty and ignorance, and has some troubling distributional implications. However, non-consequentialist alternatives to CBA tend towards implausibly absolutist prohibitions on risk imposition. Arguments for setting aside consequentialism for special circumstances (the precautionary principle, or a medical rule of rescue) are also problematic when applied to Covid policy. (...) A broad consequentialist approach to policy guidance is defended, one which does not demand commensuration on a common monetary scale. Despite the absence of commensuration, policy guidance is still possible. (shrink)