This lecture presents the text of the speech about the genealogy of the modern state delivered by the author at the 2008 British Academy Lecture. It explains that to investigate the genealogy of the state is to discover that there has never been any agreed concept to which the word state has answered. The lecture suggests that any moral or political term that has become so deeply enmeshed in so many ideological disputes over such a long period of time is (...) bound to resist any efforts at definition. (shrink)

Answers to the question, “What is a farm animal?” often revolve around genetics, physical attributes, and the animals’ functions in agricultural production. The essential and defining characteristics of farm animals transcend these limited models, however, and require an answer that avoids reductionism and encompasses a de-atomizing point of view. Such an answer should promote recognition of animals as beings with extensive mental and social capabilities that outline the extent of each individual animal’s existence and—at the same time—define the animals as (...) parts of wholes that in themselves are more than the sum of their parts and have ethological as well as ethical relevance. To accomplish this, the concepts of both anthropomorphism and sociobiology will be examined, and the article will show how the possibility of understanding animals and their characteristics deeply affects both ethology and philosophy; that is, it has an important influence on our descriptive knowledge of animals, the concept of what animal welfare is and can be, and any normative ethics that follow such knowledge. (shrink)

Most recent discussions of John Stuart Mill’s System of Logic (1843) neglect the fifth book concerned with logical fallacies. Mill not only follows the revival of interest in the traditional Aristotelian doctrine of fallacies in Richard Whately and Augustus De Morgan, but he also develops new categories and an original analysis which enhance the study of fallacies within the context of what he calls ‘the philosophy of error’. After an exploration of this approach, the essay relates the philosophy of error (...) to the discussion of truth and error in chapter two of On Liberty (1859) concerned with freedom of thought and discussion. Drawing on Socratic and Baconian perspectives, Mill defends both the traditional study of logic against Jevons, Boole, De Morgan, and others, as well as the study of fallacies as the key to maintaining truth and its dissemination in numerous fields, such as science, morality, politics, and religion. In Mill’s view the study of fallacies also liberates ordinary people to explore the truth and falsity of ideas and, as such, to participate in society and politics and develop themselves as progressive beings. (shrink)

A number of areas of biology raise questions about what is of value in the natural environment and how we ought to behave towards it: conservation biology, environmental science, and ecology, to name a few. Based on my experience teaching students from these and similar majors, I argue that the field of environmental ethics has much to teach these students. They come to me with pent-up questions and a feeling that more is needed to fully engage in their subjects, and (...) I believe some exposure to environmental ethics can help focus their interests and goals. I identify three primary areas in which environmental ethics can con- tribute to their education. The first is an examination of who (or what) should be considered to be part of our moral community (i.e., the community to whom we owe direct duties). Is it humans only? Or does it include all sentient life? Or all life? Or ecosystems considered holistically? Often, readings implicitly assume one or more of these answers; the goal is to make the student more sensitive to these implicit claims and to get them to think about the different reasons that support them. The second area, related to the first, is the application of the different answers concerning the extent of the ethical community to real environmental issues and problems. Students need to be aware of how the different answers concerning the moral community can imply conflicting answers for how we should act in certain cases and to think about ways to move toward conflict resolution. The third area in which environmental ethics can contribute is a more conceptual one, focusing on central concepts such as biodiversity, sustainability, species, and ecosystems. Exploring and evaluating various meanings of these terms will make students more reflective and thoughtful citizens and biologists, sensitive to the implications that different conceptual choices make. (shrink)

Abstract Drawing on the features of “practical philosophy” described by Toulmin ( 1990 ), a “practical” ethic for animals would be rooted in knowledge of how people affect animals, and would provide guidance on the diverse ethical concerns that arise. Human activities affect animals in four broad ways: (1) keeping animals, for example, on farms and as companions, (2) causing intentional harm to animals, for example through slaughter and hunting, (3) causing direct but unintended harm to animals, for example by (...) cropping practices and vehicle collisions, and (4) harming animals indirectly by disturbing life-sustaining processes and balances of nature, for example by habitat destruction and climate change. The four types of activities raise different ethical concerns including suffering, injury, deprivation, and death (of individuals), decline of populations, disruption of ecological systems containing animals, and extinction of species. They also vary in features relevant to moral evaluation and decision-making; these include the number of animals affected, the duration of the effects, the likelihood of irreversible effects, and the degree to which the effects can be controlled. In some cases human actions can also provide benefits to animals such as shelter and health care. Four mid-level principles are proposed to make a plausible fit to the features of the four types of human activities and to address the major ethical concerns that arise. The principles are: (1) to provide good lives for the animals in our care, (2) to treat suffering with compassion, (3) to be mindful of unseen harm, and (4) to protect the life-sustaining processes and balances of nature. This “practical” approach arguably makes a better fit to the complex, real-life problems of animal ethics than the single foundational principles that have dominated much recent animal ethics philosophy. Content Type Journal Article Category Articles Pages 1-26 DOI 10.1007/s10806-011-9353-z Authors David Fraser, Animal Welfare Program, University of British Columbia, 2357 Main Mall, Vancouver, V6T 1Z4 Canada Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)

Human attitudes to animals have changed as non-humans have become more widely incorporated in the category of moral agents who deserve some respect. Parallels between the functioning of humans and non-humans have been made for thousands of years but the idea that the animals that we keep can suffer has spread recently. An improved understanding of motivation, cognition and the complexity of social behaviour in animals has led in the last 30 years to the rapid development of animal welfare science. (...) Early attempts to define welfare referred to individuals being in harmony with nature but the first usable definition incorporated feelings and health as part of attempts to cope with the environment. Others considered that welfare is only about feelings but it is argued that as feelings are mechanisms that have evolved they are a part of welfare rather than all of it. Most reviews of welfare now start with listing the needs of the animal, including needs to show certain behaviours. This approach has used sophisticated studies of what is important to animals and has replaced the earlier general guidelines described as freedoms. Many measures of welfare are now used and indicate how good or how poor the welfare is. Naturalness is not a part of the definition of welfare but explains why some needs exist. In recent years, welfare has become established as one of various criteria used to decide on whether a system is sustainable because members of the public will not accept systems that cause poor welfare. The study of welfare has become part of the scientific basis upon which important political decisions are made. (shrink)

H. L. A. Hart in his Law, Liberty, and Morality (1963) defended the view that legal paternalism and legal moralism can be clearly distinguished from each other. Hart also stated that while legal moralism is always unacceptable, paternalistic laws are often justifiable. In this paper it is argued that Hart held the right view for the wrong reasons. Hart defended legal paternalism by claiming, against J. S. Mill, that for various psychological reasons individuals do not know their own interests best. (...) It will be shown in the paper that if this view is taken, it is impossible to reject legal moralism. The fact that paternalism is sometimes justifiable while moralism is not can be more firmly founded on a distinction made by C. L. Ten (1971). Ten's point is that in matters which concern only the individuals themselves, their actions cannot be legitimately restricted by appeals to the consequences of their action alone. Paternalistic control can be justified only if the decision-making abilities of the controlled individual are temporarily diminished. (shrink)

Ronald Dworkin, Law's Empire Cambridge: The Belknap Press of Harvard University Press, 1986, xiii + 470 pp.

Recently, there has been a resurgence of interest in general, comprehensive models of human cognition. Such models aim to explain higher-order cognitive faculties, such as deliberation and planning. Given a computational representation, the validity of these models can be tested in computer simulations such as software agents or embodied robots. The push to implement computational models of this kind has created the field of artificial general intelligence (AGI). Moral decision making is arguably one of the most challenging tasks for computational (...) approaches to higher-order cognition. The need for increasingly autonomous artificial agents to factor moral considerations into their choices and actions has given rise to another new field of inquiry variously known as Machine Morality, Machine Ethics, Roboethics, or Friendly AI. In this study, we discuss how LIDA, an AGI model of human cognition, can be adapted to model both affective and rational features of moral decision making. Using the LIDA model, we will demonstrate how moral decisions can be made in many domains using the same mechanisms that enable general decision making. Comprehensive models of human cognition typically aim for compatibility with recent research in the cognitive and neural sciences. Global workspace theory, proposed by the neuropsychologist Bernard Baars (1988), is a highly regarded model of human cognition that is currently being computationally instantiated in several software implementations. LIDA (Franklin, Baars, Ramamurthy, & Ventura, 2005) is one such computational implementation. LIDA is both a set of computational tools and an underlying model of human cognition, which provides mechanisms that are capable of explaining how an agent’s selection of its next action arises from bottom-up collection of sensory data and top-down processes for making sense of its current situation. We will describe how the LIDA model helps integrate emotions into the human decision-making process, and we will elucidate a process whereby an agent can work through an ethical problem to reach a solution that takes account of ethically relevant factors. (shrink)

(No abstract is available for this citation).

We begin, in section 2, with a brief sketch of a cluster of assumptions about human desires, beliefs, actions, and motivation that are widely shared by historical and contemporary authors on both sides in the debate. With this as background, we’ll be able to offer a more sharply focused account of the debate. In section 3, our focus will be on links between evolutionary theory and the egoism/altruism debate. There is a substantial literature employing evolutionary theory on each side of (...) the issue. However, it is our contention that neither camp has offered a convincing case. We are much more sanguine about recent research on altruism in social psychology, which will be our topic in section 4. Though we don’t think this work has resolved the debate, we will argue that it has made illuminating progress – progress that philosophers interested in the question cannot afford to ignore. (shrink)

§13 of Principia Ethica contains G. E. Moore’s most famous open question arguments. Several of Moore’s contemporaries defended various forms of metaethical nonnaturalism—a doctrine Moore himself endorsed—by appeal to OQAs. Some contemporary cognitivists embrace the force of Moore’s OQAs against metaethical naturalism. And those who posit noncognitivist meaning components of ethical terms have traditionally used OQAs to fuel their own emotivist, prescriptivist, and expressivist metaethical programs. Despite this influence, Moore’s OQAs have been ridiculed in recent decades. Their deployment has been (...) labeled “accident prone,” “simple to dismiss,” and just plain invalid. Critics accuse Moore of begging the question. Others argue that his OQAs founder upon the paradox of analysis. And still others argue that Moore’s open question argumentation is incompatible with the Kripke–Putnam causal theory of reference and thus it “simply fails; it is bankrupt”. I aim to show that there is something of continuing value in Moore’s open question efforts. I present and criticize Nicholas Sturgeon’s influential interpretation of Moore’s OQAs as a means to motivate and explicate my own interpretation of Moore’s thoughts in §13 of Principia Ethica. I then articulate the role that OQAs are intended to play in Moore’s overall argumentative strategies to undermine metaethical naturalism and thereby provide some theoretical support for metaethical nonnaturalism. Finally, I attend to the most prominent objections to Moore’s theorizing and attempt to evaluate the extent to which Moore’s efforts are successful. My hope is to display both the promising portions of Moore’s metaethical argumentation in Principia Ethica as well as its limitations. (shrink)

Jeremy Bentham provided a comprehensive list of the sources of pleasure and pain, rather in the manner of modern researchers into human well-being. He explicitly used the term well-being and made both qualitative and quantitative proposals for its measurement. Bentham insisted that the measurement of well-being should be firmly based on the concerns and subjective valuations of those directly concerned, in the context of a liberal society. Those who wished to superimpose other judgements were dismissed as "ipsedixitists." He also addressed, (...) though of course could not solve, some of the measurement problems more recently tackled by "neo-Benthamites." The paper concludes that many of Bentham’s observations about the measurement of well-being are still relevant to issues in current research. Key Words: utilitarianism • Bentham • well-being • capabilities. (shrink)

This paper is a plea for hedonism to be taken more seriously. It begins by charting hedonism's decline, and suggests that this is a result of two major objections: the claim that hedonism is the 'philosophy of swine', reducing all value to a single common denominator, and Nozick's 'experience machine' objection. There follows some elucidation of the nature of hedonism, and of enjoyment in particular. Two types of theory of enjoyment are outlined-intemalism, according to which enjoyment has some special 'feeling (...) tone'. and externalism, according to which enjoyment is any kind of experience to which we take some special attitude, such as that of desire. lnternalism-the traditional view--is defended against current externalist orthodoxy. The paper ends with responses to the philosophy of swine and the experience machine objections. (shrink)

ABSTRACT“How should a person lead her life?” The purpose of this paper is to suggest some principles (not a complete list) which will serve us ‘intellectual instruments’ for assessing forms of life. These principles are utilitarian in nature, and, as I will argue, essential to a reasonably rich account of personal well-being. The principles suggested are not instrumental, that is, they determine the worthiness of a form of life led by an agent irrespective of whether it satisfies her existing desires (...) and meet her actual preferences. Hence, I will argue that a person can be deprived, that is, categorically deprived, even when most of her desires are satisfied. In the last section of the paper I will argue for the role of education in ‘initiating’ the agent into worthy forms of life, and hence evading the charge of categorical deprivation and that of irrationality. (shrink)

Antinatalism assigns reproduction a negative value. There should be fewer or no births. Those who say that there should be fewer births have been called conditional antinatalists. A better name for their view would be selective pronatalism. Those who say that there should be no births face two challenges. They must define the scope of their no-birth policy. Does it apply only to human or sentient beings or can it also be extended to all organic life, perhaps even to machine (...) consciousness? And whatever the scope, they have to justify the eventual extinction of humankind or other life forms, an inevitable consequence of unconditional antinatalism. Different axiologies and moral theories produce different responses to these challenges. It is argued that a two-value conflict-sensitive negative utilitarianism would produce a kind and reasonable justification for ending at least human and factory-animal reproduction. The conclusion is purely moral and supports only voluntary extinction for humankind. (shrink)

It is fairly commonplace to think that the capacity for sentience need not be the only basis of moral status. Pluralists contend that moral status is grounded in several other valuable capacities as well as, or instead of, sentience, such as agency, empathy, or sociality. However, this contention contrasts with a standard assumption in animal ethics: that sentience should be the only basis of moral status. This article vindicates that assumption. Whilst classical utilitarians have defended a similar claim about sentience (...) in relation to ultimate value, the merits of this view have gone relatively unnoticed in contemporary debates about moral status and animal ethics. An account based on sentience alone avoids conceptual redundancy and has greater explanatory power than pluralist alternatives. An account of moral status based exclusively on sentience also yields two significant and revisionary implications that have not been recognised. First, the distinction between persons and nonpersons cannot hold, so all moral patients, including nonhuman animals, should feature as primary subjects in ethical theories, public policies, and research agendas. Second, we ought to favour nonhuman interests far more often than we tend to suppose. (shrink)

Much of the debate over the definition and criteria for determining our death has focused on disagreement over the correct biological account of death, i.e., what it means for any organism to die. In this paper, we argue that this exclusive focus on the biology of death is misguided, because it ignores ethical and social factors that bear on the acceptability of criteria for determining our death. We propose that attention shift from strictly biological considerations to ethical and social considerations (...) that bear on the determination of what we call “civil death.” We argue for acceptance of a neurological criterion for determining death on grounds that it is the most reasonable way to synthesize biological, ethical, and social considerations about our death.. (shrink)

The aim of this paper is to give an account of what it is to internalize a rule. I claim that internalization is the process of redistributing the burden of instruction from the teacher to the student. The process is complete when instruction is no longer needed, and the rule has reshaped perceptual classification of the circumstances in which it applies. Teaching a rule is the initiation of this process. We internalize rules by simulating instruction coming from someone else. Running (...) these simulations enables us to toggle between the perspective of the instructor and our own perspective. By doing this we coordinate our perspectives with that of the teacher. The account given here provides a deeper explanation of why internalizing a rule involves the dispositions and reactive attitudes proponents of Rule Consequentialism often say it does, why moral reflection is variably demanding, how intergenerational moral progress is made possible by our cognitive architectures, and why the adoption of a rule should be understood in terms of teaching that rule. (shrink)

Two individuals can both be ethical vegans but disagree on the normative basis of their moral beliefs. This article will look at the development of two competing theories that hold prominence in debates among animal advocates: utilitarianism and deontology. Next, we turn toward their divergence in epistemology, the moral status of experiences and individuals, and the limits of permissibility. Last, we unite utilitarianism and deontology by noting where they converge. This union comes from enlightenment thinking, the postulation of direct duties (...) to animals, disapproval of factory farming conditions, and, most importantly, the goal of improving the lives of many animals. (shrink)

C.S. Peirce offered an evaluation of Bentham's philosophy to the effect that on some points Bentham's performance was of great value, but essentially, he was ‘a shallow logician’ confined to analysis of ‘lower motive’. This paper argues that Bentham's logic is deeply metaphysically based, multi‐levelled, and comprehensive. There are at least three constituent parts in his utilitarian logic: the first is his ontology, with its distinction between real and fictitious entities, and with pain and pleasure constituting the core real entities; (...) the second is his reductionism in, and analytical view of, simple and complex pleasures and pains; the third is the distinction between private ethics and public ethics. Bentham's logic is staunchly based on empiricism and truth and he developed a pragmatic utilitarian solution to overcome the potential impasse of Hume's scepticism through a mechanism of reflection. Even the doctrines of belief and abduction embraced and developed by Peirce are contained in Bentham's utilitarian logic. Bentham would certainly take Peirce's philosophy as ipse dixitism. Peirce was not in fact a serious reader of Bentham and failed to employ the distinction between argument and argumentation in his study of Bentham's logic. (shrink)

There is little more common in ethics than to think pain is intrinsically bad and pleasure is intrinsically good. A Humean-style error theory of the axiology of pain and pleasure is developed against these commonsense claims. We defend the thesis that the value of pain and pleasure is always contingent and only instrumental. We survey prominent theories of both intrinsic value and pain/pleasure, all of which assume that pain and pleasure are intrinsically valuable. We base our error theory on counterexamples (...) to this assumption, upon which these theories falter, and a theory of pain and pleasure which derives their value solely from their evolutionary function. (shrink)

Deontological and teleological evaluations are widely utilized in the context of consumer decision-making. Despite their use, the differential effect of these distinct types of evaluations, and the conditions under which they hold, remains an unresolved issue. Thus, we conduct a meta-analysis of 316 effect sizes, from 53 research articles, to evaluate the extent to which deontological and teleological evaluations influence ethical judgments and intentions, and under what circumstances the influence occurs. The effect is explored across three categories of moderators: (1) (...) contextual elements of the ethical issue, (2) stakeholders, and (3) methodological characteristics of primary studies. We find that the overall effect of deontological evaluations on ethical judgments and intentions is stronger than for teleological evaluations; however, the magnitude of the effect is contingent on several moderators. Deontological evaluations are weaker in offline consumer contexts and stronger when there are financial implications of the ethical issue. Conversely, the effect of teleological evaluations is relatively stable across ethical consumer contexts. Teleological evaluations are stronger from a utilitarian perspective than from an egoist one. Furthermore, the effect of deontological evaluations is weaker, but the effect for teleological evaluations is stronger, when the decision-maker has a personal relationship (as compared to an organizational relationship) with the victim of the unethical act. Findings validate the effect of both deontological and teleological evaluations on ethical judgments and intentions and highlight their importance in consumers’ ethical decision-making. Implications for developing programs to prevent consumer unethical behavior are discussed. (shrink)

Many philosophers tacitly accept the View: consciousness is necessary for being a welfare subject. That is, in order to be an eligible bearer of welfare goods and bads, an entity must be capable of phenomenal consciousness. However, this paper argues that, in the absence of a compelling rationale, we are not licensed to accept the View, because doing so amounts to fallacious reasoning in theorizing about welfare: insisting on the View when consciousness is not in fact important for welfare value (...) in a systematic and significant way is objectionably “consciousist.” As a result, the View does not advance our understanding of the value of consciousness. The paper further diagnoses why we may be attracted to the View, and what we should accept instead. (shrink)

If moral status depends on the capacity for consciousness, what kind of consciousness matters exactly? Two popular answers are that any kind of consciousness matters (Broad Sentientism), and that what matters is the capacity for pleasure and suffering (Narrow Sentientism). I argue that the broad answer is too broad, while the narrow answer is likely too narrow, as Chalmers has recently argued by appeal to ‘philosophical Vulcans’. I defend a middle position, Motivational Sentientism, on which what matters is motivating consciousness: (...) any kind of consciousness which presents its subject with reasons for action. (shrink)

The COVID-19 pandemic has been overwhelming public health-care systems around the world. With demand exceeding the availability of medical resources in several regions, hospitals have been forced to invoke triage. To ensure that this difficult task proceeds in a fair and organised manner, governments scrambled experts to draft triage guidelines under enormous time pressure. Although there are similarities between the documents, they vary considerably in how much weight their respective authors place on the different criteria that they propose. Since most (...) of the recommendations do not come with ethical justifications, analysing them requires that one traces back these criteria to their underlying theories of distributive justice. In the literature, COVID-19 triage has been portrayed as a value conflict solely between utilitarian and egalitarian elements. While these two accounts are indeed the main antipodes, I shall show that in fact all four classic theories of distributive justice are involved: utilitarianism, egalitarianism, libertarianism, and communitarianism. Detecting these in the documents and classifying the suggested criteria accordingly enables one to understand the balancing between the different approaches to distributive justice—which is crucial for both managing the current pandemic and in preparation for the next global health crisis. (shrink)

This article advances the claim that the Òrìṣà tradition is best conceived of as a legal tradition. Notwithstanding the fact that scholars have written extensively about the tradition from the perspectives of religion, philosophy, the arts, and many other domains of inquiry, I maintain that the extant scholarship has underrated the significance of tradition, and has almost completely overlooked the fact that the primary function of Òrìṣà is the improvement of social interaction through the governance and regulation of conduct—which makes (...) it a legal tradition. (shrink)

One of the primary concerns in animal research is ensuring the welfare of laboratory animals. Modern views on animal welfare emphasize the role of animal sentience, i.e. the capacity to experience subjective states such as pleasure or suffering, as a central component of welfare. The increasing official recognition of animal sentience has had large effects on laboratory animal research. The Cambridge Declaration on Consciousness (Low et al., University of Cambridge, 2012) marked an official scientific recognition of the presence of sentience (...) in mammals, birds, and cephalopods. Animal sentience has furthermore been recognized in legislation in the European Union, UK, New Zealand and parts of Australia, with discussions underway in other parts of the world to follow suit. In this paper, we analyze this shift towards recognition of sentience in the regulation and practice in the treatment of laboratory animals and its effects on animal welfare and use. (shrink)

This paper explores the ontological bases for ethical behaviour between human animals and non-human animals drawing on phenomenology and Buddhist philosophy. Alongside Singer and utilitarianism, I argue that ethical behaviour regarding animals is most effectively justified and motivated by considerations of sentience. Nonetheless, utilitarianism misses crucial aspects of sentience. Buddhist ethics is from the beginning focused on all sentient beings, not solely humans. This inclusivity, and refined interrogations of suffering, means it can furnish more nuanced understandings of sentience. For phenomenology, (...) sentience includes the capacities for self-awareness and, I will argue, a plural self-awareness; the ‘I’ belongs to a ‘we’, and the ‘we’ is constitutive of the ‘I’. This ‘primordial we’ provides the basis for rethinking the moral relations between human animals and non-human animals. I contend finally we thus have an ontological basis in ‘interanimality’ to explain why we most often do and should care about all sentient beings. (shrink)

This essay introduces a new type of measure of social welfare, where populations are evaluated by their resemblance to an optimum population, which is an (in principle) possible population with the highest degree of social welfare, relative to some circumstances. Here it is argued to be the largest possible population where everyone fares maximally well. The new measure is responsive to quality of welfare, equality of welfare, and the number of people. It satisfies dominance and negative monotonicity, and it avoids (...) both the repugnant conclusion and a reverse repugnant conclusion for comparisons relative to our future on earth. (shrink)

‘Sentience’ sometimes refers to the capacity for any type of subjective experience, and sometimes to the capacity to have subjective experiences with a positive or negative valence, such as pain or pleasure. We review recent controversies regarding sentience in fish and invertebrates and consider the deep methodological challenge posed by these cases. We then present two ways of responding to the challenge. In a policy-making context, precautionary thinking can help us treat animals appropriately despite continuing uncertainty about their sentience. In (...) a scientific context, we can draw inspiration from the science of human consciousness to disentangle conscious and unconscious perception (especially vision) in animals. Developing better ways to disentangle conscious and unconscious affect is a key priority for future research. (shrink)

One of the ways by which Gerald Postema’s Bentham and the Common Law Tradition revolutionized the study of Bentham’s jurisprudence was by challenging the idea, made popular by Hart (both in his jurisprudential work and his interpretation of Bentham), that the study of law in general is normatively neutral. Against this view, Postema argued that one must understand Bentham’s views on law and jurisprudence in relation to his utilitarianism. At the time of publishing the book, Bentham went very much against (...) the grain, but this view has since gained considerable support. In my paper I seek to refine it. As I see it, Bentham did not think of utilitarianism as a moral theory. Rather, he is best understood as advancing utilitarianism as a public philosophy—an end for the legislator, and only indirectly applicable for individuals in their everyday lives. This makes Bentham’s utilitarianism tied to his legal philosophy in an even deeper sense than Postema suggested. Law is not there to imitate and help enforce an already existing utilitarian morality that tells people (independently of the law) what they should do. Instead, we should think of law as a mechanism (or a technology) for generating normative guidelines (where those do not otherwise exist). The effect of this is to reverse the familiar way of understanding the relationship between law and morality. (shrink)

The standard way to test alternative descriptive theories of moral judgment is by asking subjects to evaluate (amongst others) sacrificial dilemmas, where acting classifies as a utilitarian moral judgment and not acting classifies as a deontological moral judgment. Previous research uncovered many situational factors that alter subject’s moral judgments without affecting which type of action utilitarianism or deontology would recommend. This literature review provides a systematic analysis of the experimental literature on the influence of situational factors on moral judgments in (...) sacrificial dilemmas. It analyses 53 articles in detail and reports mean effect sizes, as well as operationalizations, for 36 situational factors that significantly influence moral judgment. Moreover, the review discusses how the impact of situational factors relates to a dual process theory of moral judgment. It supports the view that utilitarian judgments are driven by controlled cognitive processes and shows that the drivers of deontological judgments depend on valence. (shrink)

The relationship between law and coercion has been, and still is, a central topic in legal philosophy. Despite this, discussion about it is immersed in confusion. Some philosophers have noticed this, but hardly any work has been done to attempt to solve or even identify the confusions. This paper aims to fill this gap. Here I propose distinctions and qualifications that help us clarify the relationship between law and coercion and avoid confusion. Building on the clarificatory work, I then argue (...) that despite there being several distinct philosophical discussions about the relationship between law and coercion, one of them should be prioritised. (shrink)

This paper provides the first systematic interpretation of the moral theory developed in Newcome’s Enquiry Into the Evidence of the Christian Religion (1728, revised 1732). More importantly, it shows that Newcome’s views constitute a valuable but overlooked contribution to the development of utilitarianism. Indeed, she is arguably the first utilitarian. Her ethical views are considered in two stages. The paper first explores her hedonist approach to the good and then turns to her consequentialist account of right action. The paper then (...) situates Newcome’s work within the context of the pre-Bentham utilitarian movement. Strikingly, Newcome lived and worked in close proximity to other prominent early utilitarians and was well-positioned to have exerted an influence on the development of their views. Newcome has never been discussed in connection with the history of ethics. This paper constitutes an argument for her inclusion in our narratives about the development of a major moral theory. (shrink)

In this article, I defend the idea that Bentham's international political theory entails a cosmopolitan dimension. First, I explain that Bentham rejects two pillars of internationalism, namely, the sovereign's unconstrained autonomous power and authority in international politics, and the legal and moral personality of the state in the international realm. This critique leads Bentham to construct a complex international political theory which places the issue of states’ responsibility at its centre. Bentham's international theory articulates a minimalist international system of cooperation (...) between states and an institutional model of public officials’ responsibilities that together play the crucial role in securing the greatest happiness of the greatest number in the world. In this last part, I explain how Bentham's international political theory relies heavily on the responsibilities of states, a set of responsibilities that encompasses both national and cosmopolitan responsibilities that public officials in each state hold. (shrink)

Utilitarianism could still be a viable moral and political theory, although an emphasis on justice as distributing burdens and benefits has hidden this from current conversations. The traditional counterexamples prove that we have good grounds for rejecting classical, aggregative forms of consequentialism. A nonaggregative, liberal form of utilitarianism is immune to this rejection. The cost is that it cannot adjudicate when the basic needs of individuals or groups are in conflict. Cases like this must be solved by other methods. This (...) is not a weakness in liberal utilitarianism, on the contrary. The theory clarifies what we should admit to begin with: that ethical doctrines do not have universally acceptable solutions to all difficult problems or hard cases. The theory also reminds us that not all problems are in this sense difficult or cases hard. We could alleviate the plight of nonhuman animals by reducing meat eating. We could mitigate climate change and its detrimental effects by choosing better ways of living. These would imply that most people’s desire satisfaction would be partly frustrated, but liberal utilitarianism holds that this would be justified by the satisfaction of the basic needs of other people and nonhuman animals. (shrink)

The aim of this commentary is to critically examine Matti Häyry’s article ‘Just Better Utilitarianism’, where he argues that liberal utilitarianism can offer a basis for moral and political choices in bioethics and thus could be helpful in decision-making. This commentary, while generally sympathetic to Häyry’s perspective, argues that Häyry should expand on who belongs to our moral community because, to solve practical ethical issues, we need to determine who (and what) deserves our moral consideration. Challenging Häyry’s principle of actual (...) or prospective existence, this commentary suggests that – at least sometimes – the quality of life of those who will never come into existence matters. In a similar vein, this commentary aims to show that determining how to treat mindless humans such as fetuses might pose difficulties for liberal utilitarianism unless the issue of the boundaries of the moral community is addressed. (shrink)

Many people are attracted to the idea that plants experience phenomenal conscious states like pain, sensory awareness, or emotions like fear. If true, this would have wide-ranging moral implications for human behavior, including land development, farming, vegetarianism, and more. Determining whether plants have minds relies on the work of both empirical disciplines and philosophy. Epistemology should settle the standards for evidence of other minds, and science should inform our judgment about whether any plants meet those standards. We argue that evidence (...) for other minds comes either from testimony, behavior, anatomy/physiology, or phylogeny. However, none of these provide evidence that plants have conscious mental states. Therefore, we conclude that there is no evidence that plants have minds in the sense relevant for morality. (shrink)

There has been a growing worry that perdurantism—and similarly ontologically abundant views—is morally untenable. For perdurantism posits that, coinciding with persons, are person-like objects, and giving them their moral due seems to require giving up prudentially driven self-sacrifice. One way to avoid this charge is to adopt consequentialism. But Mark Johnston has argued that the marriage of consequentialism and perdurantism is in moral trouble. For, depending on the nature of time, consequentialist perdurantists either are unable to do more than one (...) good act or they are morally obliged to adopt a repugnant form of ageism. I argue both that perdurantist consequentialism doesn’t have the latter implication, and that there’s at least one plausible form of consequentialism that perdurantists can adopt to avoid the former implication. (shrink)

According to Adams, the acceptability of an indicative conditional goes with the conditional probability of the consequent given the antecedent. However, some conditionals seem to be inappropriate, although their corresponding conditional probability is high. These are cases with a missing link between antecedent and consequent. Other conditionals are appropriate even though the conditional probability is low. Finally, we have the so-called biscuit conditionals. In this paper we will generalize analyses of Douven and others to account for the appropriateness of conditionals (...) in terms of evidential support. Our generalization involves making use of Value, or intensity. We will show how this generalization helps to account for biscuit conditionals and conditional threats and promises. Finally, a link is established between this analysis of conditionals and an analysis of generic sentences. (shrink)

Supporting the rational suicide of a patient with a terminal disease is opposed by a majority of German doctors, whereas assistance in such patients’ hastening their death by voluntarily stopping eating and drinking is predominantly judged to be acceptable. Are these two positions compatible? It is argued that the normative differentiation cannot be justified by the fact that the assistance in active suicide is itself active, whereas assistance in VSED is merely passive. Even in "letting die" a patient from hastening (...) death by refusing nutrition and hydration there is an active element in the doctor's/the palliative care team's assurance that they will provide palliative support in case of need. Nor can the difference in evaluation be justified by relevant differences in the causal situation. Enabling a patient to perform VSED and assisting a patient's active suicide under the same circumstances are, as far as causal relevance is concerned, on a par. This holds, at least, on a condition view of causality in the tradition of John Stuart Mill. Finally, the paper discusses whether there are other morally relevant dimensions by which actively and passively supporting a patient suicide under the relevant circumstances differ, again with a negative result. (shrink)

Affective experiences such as pains, pleasures, and emotions have affective phenomenology: they feel pleasant. This type of phenomenology has a loopy regulatory profile: it often motivates us to act a certain way, and these actions typically end up regulating our affective experiences back. For example, the pleasure you get by tasting your morning coffee motivates you to drink more of it, and this in turn results in you obtaining another pleasant gustatory experience. In this article, we argue that reflexive imperativism (...) is the only intentionalist account of affective phenomenology—probably, the only account at all—that is able to make sense of its loopy regulatory profile. (shrink)

When a novel scientific theory conflicts with otherwise plausible moral assumptions, we do not treat that as evidence against the theory. We may scrutinize the empirical data more keenly and take extra care over its interpretation, but science is in some core sense immune to moral refutation. Can the same be said of philosophical theories (or the non-ethical, ‘metaphysical’ ones at least)? If a position in the philosophy of mind, for example, is discovered to have eye-widening moral import, does that (...) count against it at all? Actual responses by philosophers to the question of whether unanticipated moral consequences of metaphysical theories have evidential force are scattered, implicit, divergent, under-argued, and sometimes even self-undermining. The present discussion is, most immediately, an attempt to sort out the confusion. Beyond that, it exploits the new perspective this question gives us on a familiar topic: the relation of philosophy to science. (shrink)