I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

Proposing and consenting to sex are things that ordinary people manage to do all the time, yet legal regulation of sex seems to be an intractable problem. No one is satisfied with rape law, but no one knows quite what to do about it.

In this paper, I examine whether doxastic voluntarism should be taken seriously within normative doxastic ethics. First, I show that currently the psychological evidence does not positively support doxastic voluntarism, even if I accept recent conclusions by Matthias Steup that the relevant evidence does not decisively undermine voluntarism either. Thus, it would seem that normative doxastic ethics could not justifiedly appeal directly to voluntarist assumptions. Second, I attempt to bring out how doxastic voluntarists may nevertheless hope to stir methodological worries (...) within normative doxastic ethics, should they demonstrate that our typical practices of deontically evaluating doxastic states crucially rely on voluntarist assumptions. I also argue that some of the key arguments thought positively to support voluntarism as a psychological thesis may be put to better effect in the context of this kind of descriptive vindication. However, a closer examination reveals that nothing obviously suggests that voluntarism provides a better regimentation of our ascription practices as compared to rival theses concerning human powers of doxastic control. (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the “reasonable person” has supplanted the historical concept of the “reasonable man” as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are “gendered to the ground” and so, in practice, the reasonable person is just the reasonable man in (...) a gender neutral guise. These critics call for the explicit employment of a “reasonable woman” standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a “reasonable demand (or expectation)” by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

I provide a brief history of the common law governing the criminal liability of intoxicated offenders, and the codification and application of the intoxication rules in Canada. I argue that the common law and its statutory application in Canada violate a number of principles of criminal justice. I then argue that the rules cannot be saved by attempts to subsume them under principles of prior fault. I end with a modest proposal for law reform.