If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)

To fulfill a perfect duty an agent must avoid vice, yet when an agent refrains from acting on a prohibited maxim she still must do something. I argue that the setting of morally required ends ought to consistently inform an agent's judgment regarding what is to be done beyond compliance with perfect, negative duties. Kant's assertion of a puzzling version of latitude of choice within his discussion of perfect duties motivates and complicates the case I make for a more expansive (...) interpretation of the duty to pursue virtue. (shrink)

We review recent developments in ethical pluralism, ethical particularism, Kantian intuitionism, rights theory, and climate change ethics, and show the relevance of these developments in ethical theory to contemporary business ethics. This paper explains why pluralists think that ethical decisions should be guided by multiple standards and why particularists emphasize the crucial role of context in determining sound moral judgments. We explain why Kantian intuitionism emphasizes the discerning power of intuitive reason and seek to integrate that with the comprehensiveness of (...) Kant’s moral framework. And we show how human rights can be grounded in human agency, and explain the connections between human rights and climate change. (shrink)

[This is a paper that was originally written in 2017 and doesn't represent Silva's current thinking about degrees of confidence, conviction, and rationality.] Can there be knowledge and rational belief in the absence of a rational degree of confidence? Yes, and cases of "mistuned knowledge" demonstrate this. In this paper we leverage this normative possibility in support of advancing our understanding of the metaphysical relation between belief and credence. It is generally assumed that a Lockean metaphysics of belief that reduces (...) outright belief to degrees of confidence would immediately effect a unification of coarse-grained epistemology of belief with fine-grained epistemology of confidence. Scott Sturgeon has suggested that the unification is effected by understanding the relation between outright belief and confidence as an instance of the determinable-determinate relation. But determination of belief by confidence would not by itself yield the result that norms for confidence carry over to norms for outright belief unless belief and high confidence are token identical. We argue that this token-identity thesis is incompatible with the neglected phenomenon of “mistuned knowledge”—knowledge and rational belief in the absence of rational confidence. We contend that there are genuine cases of mistuned knowledge and that, therefore, epistemological unification must forego token identity of belief and high confidence. We show how partial epistemological unification can be secured given determination of outright belief by degrees of confidence even without token-identity. Finally, we suggest a direction for the pursuit of thoroughgoing epistemological unification. (shrink)

There have traditionally been two schools of thought regarding moral ideals and their relationship with moral duty. First, many have held that moral agents at all times have a duty or obligation to realize or attain moral ideals, or at least they have a duty to strive to realize or attain them. A second school of thought has maintained that attaining or pursuing moral ideals is supererogatory or beyond the call of duty. Recently a third school of thought has been (...) articulated by Robert Audi in his essay “Wrongs Within Rights.” In this paper I express agreement with Audi, and it will be my suggestion that the resources of virtue ethics can profitably be employed to illustrate how his view avoids problems which plague the two traditional schools of thought. (shrink)

A Lockean metaphysics of belief that understands outright belief as a determinable with degrees of confidence as determinates is supposed to effect a unification of traditional coarse-grained epistemology of belief with fine-grained epistemology of confidence. But determination of belief by confidence would not by itself yield the result that norms for confidence carry over to norms for outright belief unless belief and high confidence are token identical. We argue that this token-identity thesis is incompatible with the neglected phenomenon of “mistuned (...) knowledge” – knowledge in the absence of rational confidence. We show how partial epistemological unification can be secured, even without token identity, given determination of outright belief by degrees of confidence. Finally, we suggest a direction for the pursuit of thoroughgoing epistemological unification. (shrink)

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that (...) a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)