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)

The most long-standing criticism of virtue ethics in its traditional, eudaimonistic variety centers on its apparently foundational appeal to nature in order to provide a source of normativity. This paper argues that a failure to appreciate both the giving and taking of reasons in sustaining an ethical outlook can distort a proper understanding of the available options for this traditional version of virtue ethics. To insist only on giving reasons, without also taking (maybe even considering) the reasons provided by others, (...) displays a sadly illiberal form of prejudice. The paper finds and criticizes such a distortion in Jesse Prinz’s recent discussion of the ‘Normativity Challenge’ to Aristotelian virtue ethics, thus highlighting a common tendency that we can helpfully move beyond. (shrink)

Appropriately specified, the question, 'why be moral?', addresses important and legitimate topics of a broadly meta-ethical nature. The aim of the paper is to use this question as a dialectical tool, in order to identify the core theoretical commitments of Kant'sethics. Becausewell-foundedworrieshavebeenraised about the question itself, I consider these first. The purpose of this preliminary discussion is to determine the sort of question we are dealing with and to introduce the main topics for discussion.

We discuss the demandingness of Kant’s ethics. Whilst previous discussions of this issue focused on imperfect duties, our first aim is to show that Kantian demandingness is especially salient in the class of perfect duties. Our second aim is to introduce a fine-grained picture of demandingness by distinguishing between different possible components of a moral theory which can lead to demandingness: a required process of decision making, overridingness and the stringent content of demands, due to a standpoint of moral purity. (...) This distinction allows a specification of the sources of demandingness in Kant. The most characteristically Kantian form of demandingness springs from overridingness and purity and comes as a constant threat that an agent might find herself in a situation in which, due to no fault of her own, she is required to sacrifice everything for little to no non-moral goods. Our third aim is to discuss whether Kant has the resources to reply to those who criticize his ethics based on its demandingness. For this purpose we discuss Kant’s notion of “rationalizing” in the context of various types of current conceptions of demandingness and calls for moderate ethical theories. (shrink)

The idea that morality and prudence are incommensurable normative domains—a central idea in normative pluralism—tends to be rejected because of the argument from nominal–notable comparisons. The argument relies on a premise that there are situations of moral–prudential conflict where we have a clear intuition that there are things we ought to do “all things considered”. It is usually concluded that this shows that morality and prudence must be comparable. I argue that normative pluralists, who defend this type of incommensurability, can (...) account for these intuitions by arguing that an “ought all things considered” need not presuppose inter-type comparability among the reasons it covers, and by endorsing more sophisticated theories of prudence; theories for which there are good, independent reasons to endorse, in any case. By following these steps, normative pluralism does not need to have the counterintuitive implications it is often thought to have. (shrink)

Perhaps the actual world does not contain moral properties. But might moral properties be impossible because no world, possible or actual, contains them? Two metaethical theories can be argued to entail just that conclusion; viz., emotivism and error theory. This paper works towards the strongest formulation of the emotivist argument for the impossibility of moral properties, but ultimately rejects it. It then uses the reason why the emotivist argument fails to argue that error-theoretic arguments for the impossibility of moral properties (...) face the same conclusion. Finally the paper argues that these arguments for the possibility of moral properties might have consequences for our thinking about their actuality, regardless of whether we accept emotivism or error theory. (shrink)