This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations rendersMNCs accountable for the performance of actions specified in a code of conduct. In particular, the paper examines the ways in which codes of conduct coordinate the expectations of relevant parties with regard to the provision of assistance by MNCs on grounds of rescue or justice. The paper argues that this coordinative role of codes of conduct renders MNCs more accountable for the performance (...) of actions specified in a code of conduct than they would be without a code of conduct. This interpretation of the significance of codes of conduct is contrasted with the view that codes of conduct render MNCs accountable for performing actions specified in a code of conduct by grounding contractual obligations for the performance of such actions. (shrink)

Bernard Williams’ integrity objection poses a significant challenge to utilitarianism, which has largely been answered by utilitarians. This paper recasts the integrity objection to show that utilitarian agents could be committed to producing the overall best states of affairs and yet not positively act to bring them about. I introduce the ‘Moral Pinch Hitter’ – someone who performs actions at the bequest of another agent – to demonstrate that utilitarianism cannot distinguish between cases in which an agent maximizes utility by (...) positively acting in response to her duty, and cases in which an agent fails morally by relying upon someone else to perform the obligatory act. The inability to distinguish among these cases establishes a new, reloaded integrity objection to utilitarianism: utilitarianism cannot explain why it would be wrong to have someone else make difficult moral decisions, and to act on those decisions, for me. (shrink)

Henry Shue has led the charge among moral philosophers in arguing that harms stemming from anthropogenic climate change constitute violations of basic rights and are therefore prohibited by duties of justice. Because frameworks such as Shue’s argue that duties of justice are at stake, one could object that the special urgency of those duties threatens to overrun the normatively protected space in which an agent makes her life her own. We argue that an alternative conception of how moral reasons combine (...) to produce duties is required to respond to the demandingness objection, providing normatively protected space to pursue one’s projects while yielding numerous strict obligations of justice. (shrink)

We live in a time of “cosmopolitan regard,” when there is widespread acknowledgement that every person has moral importance. At the same time, most of us affirm and practice particular regard for our family, friends and compatriots, despite knowing that in our contemporary world, every day, many people, in many places, are treated like nothing. Are cosmopolitan and particular regard fated to be irreconcilable features of our moral lives? Are the grounds for our moral duties to our fellow citizens fundamentally (...) different from, and potentially in conflict with, the grounds of our moral duties to others with whom we share no political association? What is required in the way of political morality by cosmopolitan regard? Does it require symmetry between our particular and universal obligations? Under what conditions may asymmetrical accounts of obligation be justified? Richard Vernon’s book makes an elegant contribution to debates in contemporary political philosophy about the moral basis .. (shrink)

Dogged resistance to demanding moral views frequently takes the form of The Demandingness Objection. Premise (1): Moral view V demands too much of us. Premise (2): If a moral view demands too much of us, then it is mistaken. Conclusion: Therefore, moral view V is mistaken. Objections of this form harass major theories in normative ethics as well as prominent moral views in applied ethics and political philosophy. The present paper does the following: (i) it clarifies and distinguishes between various (...) demandingness objections in the philosophical literature, (ii) identifies a formidable and interesting form of the demandingness objection that targets a wide scope of moral views, and (iii) defuses this objection by developing a local skeptical argument from unreliability the form of which may, interestingly, be effectively deployed in other areas of philosophy. (shrink)

Why, morally speaking, ought we do more for our family and friends than for strangers? In other words, what is the justification of special duties? According to partialists, the answer to this question cannot be reduced to impartial moral principles. According to impartialists, it can. This paper briefly argues in favour of impartialism, before drawing out an implication of the impartialist view: in addition to justifying some currently recognised special duties, impartialism also generates new special duties that are not yet (...) widely recognised. Specifically, in certain situations, impartial principles generate duties to take actions and adopt attitudes in our personal lives that increase the chance of new or different special relationships being formed—new or different friendships, family-like relationships, relationships akin to co-nationality, and so on. In fact, even if one thinks partialism is the best justification of the duties we have once in special relationships, impartialist justifications for taking steps to form such relationships should have some sway. Moreover, a little reflection shows that these duties are not as demanding or counterintuitive as one might expect. (shrink)

In this article I criticize the non-consequentialist Weighted Lottery (WL) solution to the choice between saving a smaller or a larger group of people. WL aims to avoid what non-consequentialists see as consequentialism's unfair aggregation by giving equal consideration to each individual's claim to be rescued. In so doing, I argue, WL runs into another common objection to consequentialism: it is excessively demanding. WL links the right action with the outcome of a fairly weighted lottery, which means that an agent (...) can only act rightly if s/he has actually run the lottery. In many actual cases, this involves epistemic demands that can be almost impossible to meet. I argue that plausible moral principles cannot make such extreme epistemic demands. (shrink)

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...) (in the sense of undesired) harm to others—noncriminal activities that impose some risk of harm on others—they would rule out all action. Moreover, because such conduct poses an irreducible conflict between freedom of action and freedom from expected harm, it can be regulated only by principles that accept the necessity of making precisely the sorts of interpersonal trade-offs that contractualism is foundationally committed to reject: trade-offs in which the numbers count, such that a risk of serious harm to one person can be justified by small benefits to the many. (shrink)

Harsanyi defends utilitarianism by means of an axiomatic proof and by what he calls the 'equiprobability model'. Both justifications of utilitarianism aim to show that utilitarian ethics can be derived from Bayesian rationality and some weak moral constraints on the reasoning of rational agents. I argue that, from the perspective of Bayesian agents, one of these constraints, the impersonality constraint, is not weak at all if its meaning is made precise, and that generally, it even contradicts individual rational agency. Without (...) the impersonality constraint, Harsanyi's two justifications of utilitarianism on the grounds of Bayesian rationality fail. As an alternative, I develop a contractarian framework that is compatible with individual rational agency and Harsanyi's central assumptions, and that allows the derivation of moral conclusions on the grounds of Bayesian rationality. The developed framework offers a novel justification of contractarian ethics and may best be described as a combined version of Harsanyi's equiprobability model and Rawls's original position. (shrink)

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...) – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

Kantian respect for persons is based on the special status and dignity of humanity. There are, however, at least three distinct kinds of interpretation of the principle of respect for the dignity of persons: the contractualist conception, the substantive conception and the direct conception. Contractualist theories are the most common and familiar interpretation. The contractualist assumes that some form of consent or agreement is the crucial factor that is required by respect for persons. The substantive conceptions of dignity, on the (...) other hand, treat the concept of dignity as a substantive value that justifies a deontological conception of respect for persons. A third conception of respect for the dignity of persons, the conception that I favor, focuses directly on the special value of our rational nature. According to this consequentialist conception, we respect the dignity of persons by promoting the flourishing of rational nature. (shrink)

This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations (MNCs) renders MNCs accountable for the performance of actions specified in a code of conduct. In particular, the paper examines the ways in which codes of conduct coordinate the expectations of relevant parties with regard to the provision of assistance by MNCs on grounds of rescue or justice. The paper argues that this coordinative role of codes of conduct renders MNCs more accountable for (...) the performance of actions specified in a code of conduct than they would be without a code of conduct. This interpretation of the significance of codes of conduct is contrasted with the view that codes of conduct render MNCs accountable for performing actions specified in a code of conduct by grounding contractual obligations for the performance of such actions. (shrink)

ABSTRACT If we have a duty not to infect others, how far does it go? This question is often discussed with respect to HIV transmission, but reflection on other diseases like influenza raises a number of interesting theoretical issues. I argue that a duty to avoid infection not only yields requirements for persons who know they carry a disease, but also for persons who know they are at increased risk, and even for those who definitely know they are completely healthy. (...) Given the numerous ways in which human interaction facilitates the spread of communicable diseases, a maximum level of precaution would be very demanding – possibly unreasonably demanding. The ‘over‐demandingness problem’ is mostly invoked as a criticism of utilitarianism, as this theory requires moral agents to always maximise general welfare, even at significant cost for themselves. However, I argue that, with respect to precautions against infectious diseases like influenza, utilitarianism is able to avoid the over‐demandingness problem. A contractualist account, on the other hand, whilst able to explain how one's obligations to avoid infection can be limited, given that other persons have opportunities and responsibilities to protect themselves, in the end requires precautions that raise the over‐demandingness problem. (shrink)

Familiar questions about whether or how far to impose risks of harm for social benefit present a fundamental dilemma for contractualist moral theories. If contractualism allows objections by considering actual outcomes, it becomes difficult to justify the risks created by most public policy, leaving contractualism at odds with moral commonsense in much the way utilitarianism is. But if contractualism instead takes a fully form by considering only expected outcomes, it becomes unclear how it recommends something other than aggregative cost-benefit decision-making. (...) Focusing on T.M. Scanlon's version, this paper develops this basic choice of interpretation and recommends the ex ante version. The paper explains how contractualism is inconsistent with John Harsanyibad aggregationgood aggregation” that is both unavoidable and fully appropriate in public life. (shrink)

How should we respond to moral theories that put excessive demands on individual agents? Intramoral strategies concern the content of morality and set limits on how exacting moral demands may be. Extramoral strategies concern the normative status of morality and set limits on how significant moral demands may be. While both strategies are often discussed separately, I focus on a specific aspect of how they relate to each other: Do intramoral approaches assume that extramoral approaches fail, and if so, does (...) that render them implausible? This challenge becomes apparent when the two strategies are considered together, and my goal is to show how it can be dealt with. In particular, I argue that intramoral strategies do not depend on the failure of extramoral strategies: Even if morality has limited practical significance (which I also doubt), moral theories can be criticised for being too demanding in terms of content. (shrink)

This thesis is about the moral reasons we have to do less than best. It consists of six chapters. Part I of the thesis proposes, extends, and defends reasons to do less than best. In Chapter One (“The Conditional Obligation”) I outline and reject two recent arguments from Joe Horton and Theron Pummer for the claim that we have a conditional obligation to bring about the most good. In Chapter Two (“Agglomeration and Agent-Relative Costs”) I argue that agent-relative costs can (...) justify permissions to less than best in a far greater range of decisions contexts than we currently believe. In Chapter Three (“Risk and Aggregation”) I discuss how anti-aggregative moral theories deal with risk, whilst proposing an argument in favour of ex-post moral theories. -/- In Part II of the thesis, I discuss longtermism, presenting a series of reasons to believe we have both significant permissions and obligations to prioritise those in the short-term. In Chapter Four (“Listening to Future People”) I criticise a recent argument presented by Andreas Mogensen for the claim we cannot have obligations grounded in the wellbeing of future people. I then show that, even permitting the existence of obligations to future people, we still have significant reasons to resist longtermism on the grounds of partiality. In Chapter Five (“The Complaints of Future People”) I argue that scepticism about aggregation is inconsistent with an obligation, or indeed even a permission, to help far future people. In Chapter Six (“Leaving the Present Behind”) I explore the moral significance of “dooming”, whilst arguing that we have a pro tanto reason of fairness to prioritise aiding those currently in existence. (shrink)

When policymakers craft rules for use by the general public, they must take into account the ways in which their rules are likely to be misapplied. Should contractualists and rule consequentialists do the same when they search for rules whose general acceptance would be non-rejectable or ideal? I argue that these theorists face a dilemma. If they ignore the possibility of misapplication, they end up with an unrealistic view that rejects rules designed to protect us from others’ mistakes. On the (...) other hand, if they take misapplication into account, they end up rejecting rules that appeal to what really matters morally in favor of easier-to-apply proxies for these rules. This leaves them unable to say why certain wrong acts are wrong, which in turn may lead them to mistaken verdicts about moral worth and wronging. I show how this misapplication dilemma applies to standard contractualist and rule consequentialist theories, but also suggest how it might generalize to other two-level theories, including those designed to avoid the ideal world objection. (shrink)

I argue that moral philosophers have either misunderstood the problem of moral demandingness or at least failed to recognize important dimensions of the problem that undermine many standard assumptions. It has been assumed that utilitarianism concretely directs us to maximize welfare within a generation by transferring resources to people currently living in extreme poverty. In fact, utilitarianism seems to imply that any obligation to help people who are currently badly off is trumped by obligations to undertake actions targeted at improving (...) the value of the long-term future. Reflecting on the demands of beneficence in respect of the value of the far future forces us to view key aspects of the problem of moral demandingness in a very different light. GPI Working Paper No. 1-2020. (shrink)

Morality, according to some theories, demands a lot of us. One way to defend such demanding moral theories is through an appeal to the division of normativity; on this picture, morality is only one of the normative domains that guides us, so it should be expected that we often fail to follow that guidance. This paper defends the division of normativity as a response to demandingness objections against an alternative: moral rationalism. It does this by addressing and refuting three arguments: (...) the argument from blameworthiness, the argument from agency, and the argument from authority. In turn, I show that none of these arguments work as responses to the division of normativity – if normativity generally is divided, so too must be blameworthiness, agency, and authority. (shrink)

Advocates of longtermism point out that interventions which focus on improving the prospects of people in the very far future will, in expectation, bring about a significant amount of good. Indeed, in expectation, such long-term interventions bring about far more good than their short-term counterparts. As such, longtermists claim we have compelling moral reason to prefer long-term interventions. In this paper, I show that longtermism is in conflict with plausible deontic scepticism about aggregation. I do so by demonstrating that, from (...) both an ex-ante and ex-post perspective, longtermist interventions – and, in particular, those which aim to mitigate catastrophic risk – typically generate extremely weak claims of assistance from future people. (shrink)

Part of T. M. Scanlon’s project in What We Owe to Each Other (1998) is to explain the importance and priority of moral reasons. But Scanlon also argues that this priority of moral reasons is compatible with the pursuit of other things we value, such as friendship. To this end, Scanlon claims that contractualist moral reasons internally accommodate our interests in such values. In this paper, I argue that Scanlon is unsuccessful in showing the compatibility of morality and the pursuit (...) of our other values. The contractualist may not be able to be a good friend. (shrink)

The foundations of research ethics are riven with fault lines emanating from a fear that if research is too closely connected to weighty social purposes an imperative to advance the common good through research will justify abrogating the rights and welfare of study participants. The result is an impoverished conception of the nature of research, an incomplete focus on actors who bear important moral responsibilities, and a system of ethics and oversight highly attuned to the dangers of research but largely (...) silent about threats of ineffective, inefficient, and inequitable medical practices and health systems. -/- In For the Common Good: Philosophical Foundations of Research Ethics, Alex John London defends a conception of the common good that grounds a moral imperative with two requirements. The first is to promote research that generates the information necessary to enable key social institutions to effectively, efficiently, and equitably safeguard the basic interests of individuals. The second is to ensure that research is organized as a voluntary scheme of social cooperation that respects its various contributors' moral claims to be treated as free and equal. Connecting research to the goals of a just social order grounds a framework for assessing and managing research risk that reconciles these requirements and justifies key oversight practices in non-paternalistic terms. Reconceiving research ethics as resolving coordination problems and providing credible assurance that these requirements are being met expands the issues and actors that fall within the purview of the field and provides the foundation for a more unified and coherent approach to domestic and international research. -/- This is an open access title available under the terms of a CC BY-NC-ND 4.0 license. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. (shrink)

How much should adult children sacrifice to care for their chronically ill parents? If parents commit crimes, should their children report them to the authorities? What are the demands of filial obligation in these cases? Traditionally, Confucians have favoured a somewhat stringent view of filial obligation. By this view, adult children have to provide long‐term care to their parents as well as place their parents' interests over any concerns of justice, should the two happen to conflict. I will call these (...) stringent views the principles of filial caregiving and filial favoritism. In this paper, I will use Scanlon's Contractualism to analyze the two principles, and juxtapose the Contractualist analysis with the Confucian filial piety. By doing this, we sharpen Confucianism's critical elements, and highlight the coherence of Contractualism with this ethical ideology from a non‐analytic tradition. (shrink)

I argue that, alongside the already well-established prohibition against treating persons as mere means, Kant’s Formula of Humanity requires a prohibition against treating persons as mere things. The former captures ethical violations due to someone’s (perceived) instrumental value, e.g. exploitation, the latter captures cases in which I mistreat others because they have no instrumental value to me. These are cases in which I am indifferent and complacent towards persons in need; forms of mistreatment frequently suffered by the world’s poorest. I (...) explain why we need the category of treating others as mere things and what the prohibition against such treatment entails. Prohibitions against treating as mere means and as mere things are both essential for understanding the specific nature and extent of our duties to the world’s poorest. (shrink)

Psychologists and philosophers who pose moral dilemmas to understand moral judgment typically specify outcomes as certain to occur in them. This contrasts with real-life moral decision-making, which is almost always infused with probabilities (e.g., the probability of a given outcome if an action is or is not taken). Seven studies examine sensitivity to the size and location of shifts in probabilities of outcomes that would result from action in moral dilemmas. We find that moral judgments differ between actions that result (...) in an equal increase in probability of harm (equal size), but have different end-states (e.g., an increase in harm probability from 25% to 50% or from 50% to 75%). This deviation from expected value is robust under separate evaluation, and increases when the comparison between shifts is made explicit under simultaneous evaluation. Consistent with the centrality of perceived harm in some models of moral judgment, perceived harm partially mediates sensitivity to location of harm probability shift. Unlike for shifts in harm probabilities, participants are insensitive to the location of shifts in probability of beneficial outcomes. They are also insensitive to the location of shifts in probability of analogous monetary losses and gains, suggesting an asymmetry between harm and benefit in moral reasoning, as well as an asymmetry between moral and monetary decision-making more broadly. Implications for normative philosophical theory and moral psychological theory, as well as practical applications, are discussed. (shrink)

To practise ‘fairly and justly’ a clinician must balance the needs of both the many and the few: the individual patient in front of them, and the many unseen patients in the waiting room, and in the county. They must consider the immediate clinical needs of those in the present, and how their actions will impact on future patients. The good medical practice guidance ‘Make the care of your patient your first concern’ provides no guidance on how doctors should act (...) when they care for multiple patients with conflicting needs. Moreover, conflicting needs extend far past simply those between different patients. At an organisational level, financial obligations must be balanced with clinical ones; the system must support those who work within it in a variety of roles; and, finally, in order for a healthcare service to be sustainable, the demands of current and future generations must be balanced.The central problem, we propose, is that there is no shared philosophical framework on which the provision of care or the development of health policy is based, nor is there a practical, fair and transparent process to ensure that the service is equipped to deal justly with new challenges as they emerge. Many philosophers have grappled with constructing a set of principles which would lead to a ‘good’ society which is just to different users; prominent among them is Rawls.Four important principles can be derived using a Rawlsian approach: equity of access, distributive justice, sustainability and openness. However, Rawls’ approach is sometimes considered too abstract to be applied readily to policymaking; it does not provide clear guidance for how individuals working within existing institutions can enact the principles of justice. We therefore combine the principles derived from Rawls with Scanlonian contractualism: by demanding that decisions are made in a way which cannot be ‘reasonably rejected’ by different stakeholders, we ensure that conflicting needs are considered robustly.We demonstrate how embedding this framework would ensure just policies and fair practice. We illustrate this by using examples of how it would help prevent injustice among different socioeconomic groups, prevent intergenerational injustice and prevent injustice in a crisis, for example, as we respond to new challenges such as COVID-19.Attempts to help individual doctors practise fairly and justly throughout their professional lives are best focused at an institutional or systemic level. We propose a practical framework: combining Scanlonian contractualism with a Rawlsian approach. Adopting this framework would equip the workforce and population to contribute to fair policymaking, and would ultimately result in a healthcare system whose practice and policies—at their core—were just. (shrink)

In the context of a global pandemic, there is good health-based reason for governments to impose various social distancing measures. However, such measures also cause economic and other harms to people at low risk from the virus. In this paper, I examine how to make such trade-offs in a way that is respectfully justifiable to their losers. I argue that existing proposals like using standard QALY (quality-adjusted life-year) valuations or WELLBYs (wellbeing-adjusted life-years) as the currency for trade-offs do not allow (...) such justification, because they give weight to utilities that are irrelevant in a life-and-death context. Drawing on work on restricted aggregation in ethics, I articulate an alternative framework for balancing claims arising from prospects of different kinds of harm and benefit, and show how it can be applied to reasoning about trade-offs in a pandemic context. (shrink)

It has been argued in some recent work that there are many cases in which individuals are subject toconditional obligationsto give to more effective rather than less effective charities, despite not being unconditionally obligated to give. These conditional obligations, it has been suggested, can allow effective altruists (EAs) to make the central claims about the ethics of charitable giving that characterize the movement without taking any particular position on morality's demandingness. I argue that the range of cases involving charitable giving (...) in which individuals are subject to conditional effectiveness obligations is in fact quite narrow. Because of this, I claim, EAs must endorse the view that well off people have at least fairly demanding unconditional obligations. (shrink)

This essay begins by describing T.M. Scanlon’s contractualism according to which an action is right when it is authorised by the moral principles no one could reasonably reject. This view has argued to have implausible consequences with regards to how different-sized groups, non-human animals, and cognitively limited human beings should be treated. It has also been accused of being theoretically redundant and unable to vindicate the so-called deontic distinctions. I then distinguish between the general contractualist framework and Scanlon’s version of (...) contractualism. I explain how the general framework enables us to formulate many other versions of contractualism some of which can already be found in the literature. Understanding contractualism in this new way enables us both to understand the structural similarities and differences between different versions of contractualism and also to see the different objections to contractualism as internal debates about which version of contractualism is correct. (shrink)

We discuss Kant’s conception of beneficence against the background of the overdemandingness debate. We argue that Kant’s conception of beneficence constitutes a sweet spot between overdemandingess and undemandingess. To this end we defend four key claims that together constitute a novel interpretation of Kant’s account of beneficence: 1) for the same reason that we are obligated to be beneficent to others we are permitted to be beneficent to ourselves; 2) we can prioritise our own ends; 3) it is more virtuous (...) to do more rather than less when it comes to helping others; and 4) indifference to others is vicious. Finally, we explain how this represents a system of duties that gives our personal ends a moral standing without unacceptably moralising them. (shrink)

Peter Singer’s defense of the duty to aid the world’s poor by the pond analogy is self-defeating. It cannot be both true that you ought to save the drowning child from a pond at the expense of ruining your shoes and that you ought to aid the world’s poor if you thereby do not sacrifice anything of comparable moral importance. Taking the latter principle seriously would lead you to let the child in front of you drown whenever you could thereby (...) save more children in the developing world. Though Singer can defend the duty to aid the world’s poor starting from consequentialist principles requiring you to make things go best in the impartial sense, he cannot have it invoking the commonsense judgment about what you ought to do in the pond case. There is no sound path from commonsense morality to Singer’s principles of beneficence. (shrink)

According to contractualist theories in ethics, whether an action is wrong is determined by whether it could be justified to others on grounds no one could reasonably reject. Contractualists then think that reasonable rejectability of principles depends on the strength of the personal objections individuals can make to them. There is, however, a deep disagreement between contractualists concerning from which temporal perspective the relevant objections to different principles are to be made. Are they to be made on the basis of (...) the prospects the principles give to different individuals ex ante or on the basis of the outcomes of the principles ex post? Both answers have been found to be problematic. The ex ante views make irrelevant information about personal identity morally significant and lead to objectionable ex ante rules, whereas ex post views lead to counterintuitive results in the so-called different harm and social risk imposition cases. The aim of this article is to provide a new synthesis of these views that can avoid the problems of the previous alternatives. I call the proposal ‘risk-acknowledging’ ex post contractualism. The crux of the view is to take into account in the comparisons of different objections both the realized harms and the risks under which individuals have to live. (shrink)

ABSTRACTThe standard view of demandingness understands demandingness exclusively as a matter of costs to the agent. The paper discusses whether the standard view must be given up because we should think of demandingness as a matter of difficulty or restriction of options. I will argue that difficulty can indeed increase demandingness, but only insofar as it leads to further costs. As to restrictions of options, I will show that confinement can become costly and thus increase demandingness in three ways, by (...) prohibiting actions that the agent wants to perform in order to promote his well-being, by limiting the development of future preferences and projects and also by making the society less open. The paper thus defends a new variant of the standard view by arguing that difficulty and restrictions of options can increase the demandingness of morality on grounds of being costly. (shrink)

A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...) straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

This paper argues against a kind of 'overall ought'. The main argument is a version of the paradox of supererogation. The problem is this: obligating an agent to do what’s overall best will, when that differs from what’s morally best, obligate the agent not to do what’s morally best. This, the paper will argue, is implausible. For each of four possible interpretations of this overall ought concept, it will either come across a form of this paradox or no longer look (...) like the targeted ‘overall ought’ concept. (shrink)

Most people believe that suffering is intrinsically bad. In conjunction with facts about our world and plausible moral principles, this yields a pro tanto obligation to reduce suffering. This is the intuitive starting point for the moral argument in favor of interventions to prevent wild animal suffering. If we accept the moral principle that we ought, pro tanto, to reduce the suffering of all sentient creatures, and we recognize the prevalence of suffering in the wild, then we seem committed to (...) the existence of such a pro tanto obligation. Of course, competing values such as the aesthetic, scientific or moral values of species, biodiversity, naturalness or wildness, might be relevant to the all-things-considered case for or against intervention. Still, many argue that, even if we were to give some weight to such values, no plausible theory could resist the conclusion that WAS is overridingly important. This article is concerned with large-scale interventions to prevent WAS and their tractability and the deep epistemic problem they raise. We concede that suffering gives us a reason to prevent it where it occurs, but we argue that the nature of ecosystems leaves us with no reason to predict that interventions would reduce, rather than exacerbate, suffering. We consider two interventions, based on gene editing technology, proposed as holding promise to prevent WAS; raise epistemic concerns about them; discuss their potential moral costs; and conclude by proposing a way forward: to justify interventions to prevent WAS, we need to develop models that predict the effects of interventions on biodiversity, ecosystem functioning, and animals’ well-being. (shrink)

T. M. Scanlon’s contractualism attempts to give an account of right and wrong in terms of the moral code that could not be reasonably rejected. Reasonable rejectability is then a function of what kind of consequences the general adoption of different moral codes has for different individuals. It has been shown that moral codes should be compared at a lower than 100% level of social acceptance. This leads to the counter-culture challenge. The problem is that the cultural background of the (...) individuals who have not internalized the majority code affects the consequences of the codes and furthermore there does not seem to be a non-arbitrary way of choosing the minority cultures. This chapter first surveys and critically evaluates different responses to this challenge. It then outlines a version of ‘Real World Contractualism’, which offers the best response to the counter-culture challenge. (shrink)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

Scalar Utilitarianism eschews foundational notions of rightness and wrongness in favor of evaluative comparisons of outcomes. I defend Scalar Utilitarianism from two critiques, the first against an argument for the thesis that Utilitarianism's commitments are fundamentally evaluative, and the second that Scalar Utilitarianism does not issue demands or sufficiently guide action. These defenses suggest a variety of more plausible Scalar Utilitarian interpretations, and I argue for a version that best represents a moral theory founded on evaluative notions, and offers better (...) answers to demandingness concerns than does the ordinary Scalar Utilitarian response. If Utilitarians seek reasonable development and explanation of their basic commitments, they may wish to reconsider Scalar Utilitarianism. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

Argues for the role of personal acquaintance in both love and concern for individuals, as such. The challenge is to say what personal acquaintance is and why it matters in the way it does. These questions are addressed through the work of Emmanuel Levinas. Topics include: the ethics of aggregation, the basis of moral standing, and the value of human life.

This article asks whether our moral duties are created by others’ non-compliance and whether we should fulfill them or not. For example, do we need to donate more of our income to eradicate world poverty because billionaires do not donate? If so, how much should we donate? In short, should we make up for others’ defaulting on their moral duties – and if so, how and to what extent? Such situations are called non-ideal circumstances in political philosophy. With the increasing (...) importance of non-ideal theories of justice and ethics, the question of how we should act in non-ideal situations has received more attention in the ethics literature in recent years. This article poses and addresses the question of whether we should take up the slack when others do not comply with their own moral duty. This article examines how consequentialism and contractualism might respond to non-ideal situations of taking up the slack and then defends a contractualist-constructivist approach to dealing with these situations. (shrink)

The Demandingness Objection is the objection that a moral theory or principle is unacceptable because it asks more than we can reasonably expect. David Sobel, Shelley Kagan and Liam Murphy have each argued that the Demandingness Objection implicitly – and without justification – appeals to moral distinctions between different types of cost. I discuss three sets of cases each of which suggest that we implicitly assume some distinction between costs when applying the Demandingness Objection. We can explain each set of (...) cases, but each set requires appeal to a separate dimension of the Demandingness Objection. (shrink)

Can all goods or bads be broken down into smaller and smaller pieces? Can all goods or bads be added together with some other good or bad to get a larger amount? Further, how does moral significance track the disaggregation and the aggregation of moral goods and bads? In Part 1, I examine the limits placed on aggregation by moderate deontological moral theories. This paper focuses in particular on the work of Judith Thomson and T.M. Scanlon as well as on (...) some of my own past work on the question of aggregation in the context of overriding rights. In Part 2, I examine consequentialist criticism that harms and benefits can be broken down into smaller pieces than the deontological theory allows and the argument that the moderate deontological view is too permissive since it allows aggregation of benefits within a single person's life. In Part 3 I suggest how a moderate deontological moral theory might respond to the criticisms. I cast my answer in terms of the existence of lumpy goods and bads. I argue that consequentialist critics of deontology are wrong to insist that all goods and bads can be disaggregated and aggregated at will. Instead, I offer the suggestion that most, or many, goods and bads come in morally significant lumps. That said, it will not always be obvious what those lumps are. Determining the texture of moral value is a substantive project in normative ethics. All I have hoped to do in this paper is suggest that two standard positions on how to group moral value are mistaken and give hope that we need not adopt one of the two. Part 4 of the paper responds to an objection and sets the stage for further work in value theory. (shrink)

Philosophy and Phenomenological Research, EarlyView.