Ever since the introduction of reflective equilibrium in ethics, it has been argued that reflective equilibrium either leads to moral relativism, or that it turns out to be a form of intuitionism in disguise. Despite these criticisms, reflective equilibrium remains the most dominant method of moral justification in ethics. In this paper, I therefore critically examine the most recent attempts to defend the method of reflective equilibrium against these objections. Defenders of reflective equilibrium typically respond to the objections by saying (...) that either reflective equilibrium can in fact safeguard moral objectivity or alternatively, even if it cannot, that there simply are no reasonable alternatives. In this paper, I take issue with both responses. First, I argue that given the non-foundationalist aspirations of reflective equilibrium, moral objectivity cannot be maintained. Second, I argue that reflective equilibrium is not the only game in town once intuitionism has been discarded. I argue that given their own normative ambitions, combined with their rejection of intuitionism, proponents of reflective equilibrium have reason to take alternative methods of moral justification, and more specifically transcendental arguments, more seriously than they have done so far. I end by sketching the outlines of what this alternative methodology might look like. (shrink)

A long encyclopedia entry, sketching his life, analysing his work.

:Preference-aggregation problems arise in various contexts. One such context, little explored by social choice theorists, is metaethical. ‘Ideal-advisor’ accounts, which have played a major role in metaethics, propose that moral facts are constituted by the idealized preferences of a community of advisors. Such accounts give rise to a preference-aggregation problem: namely, aggregating the advisors’ moral preferences. Do we have reason to believe that the advisors, albeit idealized, can still diverge in their rankings of a given set of alternatives? If so, (...) what are the moral facts when the advisors do diverge? These questions are investigated here using the tools of Arrovian social choice theory. (shrink)

The basic work for this book was carried out during the spring of 1989 in Edinburgh, where I had been granted a research position at The Institute for Advanced Studies in the Humanities. I should like to express here my indebtedness to the Institute for the opportunity thus afforded me. I should also like to say how very grateful I am for the stimulating conversations I had there with Professor Timothy Sprigge and Dr. Elizabeth Telfer. Dr. Telfers’s own treatise Happiness (...) has been a major influence on my view of the questions involved. The basic view of health and illness presented in this book is more fully set out in my On the Nature of Health. As in the case of my previous larger projects, I have received a great amount of support and may wise comments from Professor Ingmar Pörn, Helsinki. Three Danish experts – Anton Aggernaes, Erik Ostenfeld and Peter Sandøe – have made valuable comments. Professor Heng ten Have, Nijmegen, has improved my reading of the philosophy of Jeremy Bentham. I should also like to thank my colleagues at the Department of Health and Society, University of Linköping, for helping me to avoid a number of the pitfalls that can so easily stumble into when it comes to a treatise like this. Especially I should like to mentioned Per-Erik Liss, Ingemar Nordin and Bo Petersson, all three of whom have read and commented on the entire manuscript. A Swedish version of this book, Livskvalitet och hälsa, came out in 1991. I have been made quite a number of corrections and additions, one type of addition being replies to critical points made in reviews of the Swedish version. I should like to thank Malcolm Forbes for valuable help putting my English into publishable condition. Linköping, May 1993 Lennart Noredenfelt. (shrink)

In this article we explore the underpinnings of what we view as a recent" backlash" in English law, a judicial reaction against considering children's and young people's expressions of their own feelings about treatment as their" true" wishes. We use this case law as a springboard to conceptual discussion, rooted in (a) empirical psychological work on child development and (b) three key philosophical ideas: rationality, autonomy and identity.

Welfare is at least occasionally a temporal phenomenon: welfare benefits befall me at certain times. But this fact seems to present a problem for a desire-satisfaction view. Assume that I desire, at 10am, January 12th, 2010, to climb Mount Everest sometime during 2012. Also assume, however, that during 2011, my desires undergo a shift: I no longer desire to climb Mount Everest during 2012. In fact, I develop an aversion to so doing. Imagine, however, that despite my aversion, I am (...) forced to climb Mount Everest. Does climbing Mount Everest benefit me? If so, when? A natural answer seems to be that if in fact it does benefit me, it benefits me at no particular time, and hence the desire-satisfaction view cannot accommodate the phenomenon of temporal welfare. In this paper, I argue, first, that a desire-satisfaction view can accommodate the phenomenon of temporal welfare only by accepting what I call the “time-of-desire” view: that p benefits x at t only if x desires p at t . Second, I argue that this view can be defended from important objections. (shrink)

Extensive discussions of practical wisdom are relatively rare in the philosophical literature these days. This is strange given the theoretical and practical importance of wisdom and, indeed, the etymology of the word "philosophy." In this paper, we remedy this inattention by proposing a methodology for developing a theory of wisdom and using this methodology to outline a viable theory. The methodology we favor is a version of wide reflective equilibrium. We begin with psychological research on folk intuitions about wisdom, which (...) helps us to avoid problems caused by reliance on the possibly idiosyncratic intuitions of professional philosophers. The folk theory is then elaborated in light of theoretical desiderata and further empirical research on human cognitive capacities. The resulting view emphasizes policies that the wise person adopts in order to cope with the many obstacles to making good choices. (shrink)

1. The question “Why do we have the rights we do?” obviously presupposes that we do have some rights; that is, that propositions of the form ‘We have the right to x,’ or of the form ‘We have the right to do x,’ are true for certain values of x. The same issues would arise if the original question had been formulated, or were to be reformulated, as it sometimes is, in a purely existential manner, viz., “Why are there the (...) rights there are?” I believe there is no difference between the two questions except a verbal one; at least, both of them share the same existential presupposition to the effect that there are certain rights. I mention this point for two reasons. One is merely to acknowledge the trivial but true point that the question in my title does have an existential presupposition. The second and more important point is that since I shall have very little to say about any actual rights, I would not want anyone to infer from my silence that I do not think we have any rights. I accept the presupposition of my original question, but I shall not dwell upon it. 2. One might ask my original question and mean by rights, legal rights, that is, rights identified through the legal provisions of some legal system. That is not the sense in which I pose the question. It is true that a legal positivist would be able to give no intelligible meaning to my question except by treating it as equivalent to asking, “Why do we have the legal rights we do?” However, since I am not a legal positivist, I want my question understood in another way. (shrink)

I first argue against Peter Singer's exciting thesis that the Prisoner's Dilemma explains why there could be an evolutionary advantage in making reciprocal exchanges that are ultimately motivated by genuine altruism over making such exchanges on the basis of enlightened long-term self-interest. I then show that an alternative to Singer's thesis — one that is also meant to corroborate the view that natural selection favors genuine altruism, recently defended by Gregory Kavka, fails as well. Finally, I show that even granting (...) Singer's and Kavka's claim about the selective advantage of altruism proper, it is doubtful whether that type of claim can be used in a particular sort of sociobiological argument against psychological egoism. (shrink)

In virtue of what do some considerations count in favor or against actions? Some philosophers have recently been interested in hybrid answers to this question. For instance, it might be that some facts about reasons are brute, and some are explained in terms of agents’ acts of will. Such views face a challenge: they need a story about how reasons grounded in one way combine with reasons grounded in other ways to yield overall verdicts about what to do. This paper (...) assesses the two most prominent accounts of how that happens, and offers an alternative that captures what's most plausible about each. (shrink)

InUtilitarianism, Mill defers to Alexander Bain's expertise on the subject of moral judgment to answer common criticisms of the creed. First, we do not blame people or label them immoral when they are less than ideal. Judgments of immorality are commonly reserved for substandard behavior, not suboptimal comportment. Second, we do not commonly insist on full neutrality in benevolence. Indeed, some philosophers argue that we are obliged to exhibit partiality, insofar as it is demanded by our roles as friends, parents, (...) or children. My primary aim in this essay is to explicate Bain's theory of moral judgment and explain how Mill used Bain's psychological doctrines to inform his development of an indirect utilitarian moral philosophy, immune to the criticisms described above. (shrink)

In this thesis, I will explore the epistemological evolutionary debunking arguments in meta-ethics. I will defend these arguments by accomplishing two tasks: I will offer the best way to understand the EDA and I will also respond to two strongest objections to the EDA. Firstly, in Part I of this thesis, I will offer my account of how the EDA should be best formulated. I will start from how evolution has significantly influenced our moral beliefs. I will then explain why, (...) due to their evolutionary origin, our moral beliefs are not tracking the moral truth reliably. Furthermore, I will argue that the fact that our moral beliefs are not tracking the moral truth also provides an undercutting and a higher-order defeater for those beliefs. As a result, I will conclude that the epistemic status of our moral beliefs is undermined because of these two kinds of defeaters. Secondly, in Part II of this thesis, I will turn my attention to the two strongest objections to the EDA – the Conceptual Truth Objection and the Third Factor Objection. I will first offer two responses to the Conceptual Truth Objection and, based on these two responses, I will argue that the Conceptual Truth Objection fails as a challenge to the EDA. I will then also argue that there currently doesn’t exist an acceptable version of the Third Factor Objection and it is also unlikely that such a version could be constructed in the future. I will finally conclude that both objections are problematic and they are thus unable to give us reason to doubt the EDA. (shrink)

Subjectivism about well-being holds that an object contributes to one's well-being to the extent that one has a pro-attitude toward this object under certain conditions. Most subjectivists have contended that these conditions should be ideal. One reason in favor of this idea is that when people adapt their pro-attitudes to situations of oppression, the levels of well-being they may attain is diminished. Nevertheless, I first argue that appealing to idealized conditions of autonomy or any other condition to erase or replace (...) adaptive pro-attitudes is mistaken. Second, I show that the most natural version of subjectivism that does not appeal to any such idealizing condition can explain why the well-being of people having adaptive pro-attitudes should not be restricted to the fulfillment of these pro-attitudes. In sum, the existence of adaptive preferences does not militate in favor of the introduction of conditions of idealization but against it. (shrink)

Morally supererogatory acts are those that go above and beyond the call of duty. More specifically: they are acts that, on any individual occasion, are good to do and also both permissible to do and permissible to refrain from doing. We challenge the way in which discussions of supererogation typically consider our choices and actions in isolation. Instead we consider sequences of supererogatory acts and omissions and show that some such sequences are themselves problematic. This gives rise to the following (...) puzzle: what problem can we have with a sequences of actions if each individual act or omission is itself permissible? In this paper, we develop a response to this question, by exploring whether solutions analogous to those proposed in the rational choice literature are available in the case of supererogatory sequences. Our investigation leads us to the view that making sense of the supererogatory requires accepting that there are global moral norms that apply to sequences of acts alongside the local moral norms that apply to individual acts. (shrink)

Dealing with ethical issues is a central aspect of many professions. Consequently, ethics is taught to diverse student groups in universities and colleges, alongside philosophy students. In this paper, we address the question of how ethics is best taught to such “non-philosophy” student groups. The standard way of introducing ethics to non-philosophy students is to present them with a set of moral theories. We refer to this approach as the “smorgasbord approach”, due to the impression it is likely to make (...) on non-philosophy students approaching ethics as an academic discipline for the first time. This approach invites the assumption that adopting an ethical position is mainly a matter of choosing from this smorgasbord of different theories. We argue that this approach is problematic for several reasons, both theoretical and practical, and we suggest a methodsbased approach – focusing on methods for moral reasoning – as a more fruitful alternative. The main purpose of this paper is to explain and defend this methods-based approach to teaching ethics to non-philosophy students. In so doing, we also consider and meet some expected objections to this approach. (shrink)

This paper defends a desire-based understanding of pleasurable and unpleasant experiences. More specifically, the thesis is that what makes an experience pleasant/unpleasant is the subject having a certain kind of desire about that experience. I begin by introducing the ‘Desire Account’ in more detail, and then go on to explain and refute a prominent set of contemporary counter-examples, based on subjects who might have ‘Reflective Blindness’, looking particularly at the example of subjects with depression. I aim to make the Desire (...) Account more persuasive, but also to clear up more widespread misunderstandings about depression in metaethics. For example, mistakes that are made by conflating two of depression’s most prominent symptoms: depressed mood and anhedonia. (shrink)

The traditional desire view of painfulness maintains that pain sensations are painful because the subject desires that they not be occurring. A significant criticism of this view is that it apparently succumbs to a version of the Euthyphro Dilemma: the desire view, it is argued, is committed to an implausible answer to the question of why pain sensations are painful. In this paper, I explain and defend a new desire view, and one which can avoid the Euthyphro Dilemma. This new (...) view maintains that painfulness is a property, not of pain sensations, but of a pain experience, understood as a relational state constituted by a pain sensation and a desire that the sensation not be occurring. (shrink)

Ronald Dworkin argues on the basis of a theory of well-being that critical paternalism is self-defeating. People must endorse their lives if they are to benefit. This is the endorsement constraint and this paper rejects it. For certain kinds of important mistakes that people can make in their lives, the endorsement constraint is either incredible or too narrow to rule out as much paternalism as Dworkin wants. The endorsement constraint cannot be interpreted to give sensible judgements when people change their (...) minds about the value of their lives. And the main argument for the endorsement constraint, which is based on the value of integrity, does not support Dworkin's anti-paternalism. (shrink)

There has recently been a revival of interest in ‘naturalizing’ ethics. A naturalization seeks to vindicate ethical realism — the idea that ethical judgments can be true reflections of a moral reality — without violating the naturalist constraint that science sets the limits of ontology. The recent revival has been prompted by examples of successful scientific reduction (e.g. temperature, water), and by the emergence of new, nonreductive naturalist strategies (e.g. for biological and mental properties). In this paper, I argue against (...) such naturalist approaches to ethics. My argument builds on the traditional one offered by G.E. Moore, namely that a naturalization would fail to respect an existing difference between the meanings of moral and naturalistic terms. I defend this line of argument against the common claim that it cannot block ‘synthetic’ property identities, ones grounded not in meaning equivalences but in empirical discoveries (as in the cases of temperature and water). I then go on to show that the Moorean argument can make trouble even for recent revisionist and nonreductive naturalist approaches. (shrink)

This paper argues that happiness and pleasure are distinct states of mind because they stand in a distinct logical relation to belief. Roughly, being happy about a state of affairs s implies that one believes that s satisfies the description ‘s’ and that it is in some way good, whereas taking pleasure in s does not. In particular, Fred Feldman's analysis of happiness in terms of attitudinal pleasure overlooks this distinction.

As the trolley problem runs its course, consequentialists tend to adopt one of two strategies: silently take comfort in the fact that deontological rivals face their own enduring difficulties, or appeal to cognitive psychology to discredit the deontological intuitions on which the trolley problem depends. I refer to the first strategy as silent schadenfreude and the second as debunking attack. My aim in this paper is to argue that consequentialists ought to reject both strategies and instead opt for what I (...) call robust advantage. This strategy emphasizes the intricate calculations that consequentialists employ to defend against objections based on friendship and integrity. I argue that these calculations offer consequentialism an explanatory advantage over deontology in the context of the trolley problem. It requires striking a delicate balance between deeply internalized dispositions to avoid causing harm and a context-sensitive ability to prevent disasters; however, empirical data help consequentialism on this front by illustrating that the integration of separate cognitive functions is an ordinary part of human psychology. (shrink)

Taking a Sartrean existentialist viewpoint towards business ethics, in particular, concerning the question of the nature of businesspersons’ moral character, provides for a dramatically distinct set of reflections from those afforded by the received view on character, namely that of Aristotelian-based virtue ethics. Insofar as Sartre’s philosophy places human freedom at center stage, I argue that the authenticity with which a businessperson approaches moral situations depends on the degree of consciousness he or she has of the various choices at stake. (...) Finally, I consider some practical changes in business ethics education, managerial decision-making, and business organizations that Sartrean reflections might prompt. (shrink)

Why is pain the opposite of pleasure? Several theories of pleasure and pain have substantial difficulty explaining this basic feature. Theories according to which pleasure and pain are individual sensations or features of sensations have particular difficulty, since it is difficult to understand how pairs of sensations could be opposites. Some philosophers argue that the pain is the opposite of pleasure because pain and pleasure are fundamentally a matter of desire and aversion, and desire and aversion are clear opposites. I (...) argue that the structure of desire and aversion does not correspond to that of pleasure and pain. I propose that pleasure and pain are opposites because pleasure is good and pain is bad, and good and bad are clear opposites. I show that this view explains the structure of opposition of pleasure and pain, and I answer several objections. (shrink)

Motivational externalists and internalists of various sorts disagree about the circumstances under which it is conceptually possible to have moral opinions but lack moral motivation. Typically, the evidence referred to are intuitions about whether people in certain scenarios who lack moral motivation count as having moral opinions. People’s intuitions about such scenarios diverge, however. I argue that the nature of this diversity is such that, for each of the internalist and externalist theses, there is a strong prima facie reason to (...) reject it. That much might not be very controversial. But I argue further, that it also gives us a strong prima facie reason to reject all of these theses. This is possible since there is an overlooked alternative option to accepting any of them: moral motivation pluralism , the view that different internalist and externalist theses correctly accounts for different people’s concepts of moral opinions, respectively. I end the paper with a discussion of methodological issues relevant to the argument for moral motivation pluralism and of the consequences of this view for theories about the nature of moral opinions, such as cognitivism and non-cognitivism. (shrink)

Taking stock of standard philosophical analyses of the concept, it is proposed that the domain of morality be defined by reference to seven characteristics: normativity, informality, importance, universality, categoricalness, overridingness, and a reference to beneficence and justice as the basic contents of its rules. These features establish a rather sharp distinction between moral and conventional rules. Recent literature in evolutionary morality and moral psychology, however, challenged the existence of a neat distinction between the moral and the conventional domains. The paper (...) discusses three prominent objections to the proposed analysis that can be found in the empirical literature on morality: one centering on the relevance of moral sentiments, one based on the phenomenon of “harmless wrongdoing”, and one on the rejection of the universality and independence from authority of the moral domain. It is shown that the proposed analysis can be defended in light of the empirical findings. (shrink)

Recently several authors have proposed proxies of welfare that equate some (as opposed to all) choices with welfare. In this paper, I first distinguish between two prominent proxies: one based oncontext-independent choicesand the other based onreason-based choices. I then propose an original proxy based on choices that individuals state they would want themselves to repeat at the time of the welfare/policy evaluation (confirmed choices). I articulate three complementary arguments that, I claim, support confirmed choices as a more reliable proxy of (...) welfare than context-independent and reason-based choices. Finally, I discuss the implications of these arguments fornudgesandboosts. (shrink)

The partition of the soul is used extensively, both in Book iv and in Books viii-ix of the Republic, to describe and to explain the structure, growth, and decay, of just and unjust cities and souls. Plato has in mind a single conception of the three parts of the soul, and he expounds it gradually. He recognizes different grades of rationality in desire. These grades help us to understand the roles of the partition of the soul in Plato’s argument.

The fact that most of us are ignorant on politically relevant matters presents a problem for democracy. In light of this, some have suggested that we should impose epistemic constraints on democratic participation, and specifically that the franchise be restricted along competency lines – a suggestion that in turn runs the risk of violating a long-standing condition on political legitimacy to the effect that legitimate political arrangements cannot be open to reasonable objections. The present paper therefore outlines a way to (...) solve the problem of public ignorance without restricting the franchise. The proposal involves filtering the electoral input of a universal franchise through a statistical model that simulates what the public's political preferences would have been, had they been informed on politically relevant matters. The result is modelled democracy. A case is made that such democracy both solves the problem of public ignorance and satisfies the aforementioned condition on legitimacy. (shrink)

Most moral and political theories require us to make interpersonal comparisons of welfare. This poses a challenge to the popular view that welfare consists in the satisfaction of preferences or des...

In this article, we explore the role that art can play in ethical reflection on risky and controversial technologies. New technologies often give rise to societal controversies about their potential risks and benefits. Over the last decades, social scientists, psychologists, and philosophers have criticized quantitative approaches to risk on the grounds that they oversimplify its societal and ethical implications. There is broad consensus amongst these scholars that stakeholders and their values and concerns should be included in decision-making about technological risks. (...) It has also been argued that the emotional responses of people can shed important light on the ethical aspects of risk and uncertainty. However, people’s emotions can be narrowly focused and biased. This article therefore assesses the role that technology-inspired artworks can play in overcoming such biases, by challenging our imagination and providing us with different perspectives on possible technological developments and their implications for society. Philosophers have not yet studied such artworks, so this constitutes an entirely new field of research for scholars of risk and moral theory. In particular, we focus on the case of BNCI technologies and related artworks. These technologies and artworks touch on questions of what it means to be human, thereby raising profound ethical and philosophical challenges. We discuss the experiences of artists, scientists, and engineers who are directly involved with BNCI technologies, and who were interviewed during a Hackathon at Amsterdam’s Waag Society in June 2016. Their views are analyzed in light of philosophical and aesthetic theories, which allows us to consider relevant ethical and conceptual issues as well as topics for further investigation. (shrink)

Epistemology, as I understand it, is a branch of philosophy especially concerned with general questions about how we can know various things or at least justify our beliefs about them. It questions what counts as evidence and what are reasonable sources of doubt. Traditionally, episte-mology focuses on pervasive and apparently basic assumptions covering a wide range of claims to knowledge or justified belief rather than very specific, practical puzzles. For example, traditional epistemologists ask “How do we know there are material (...) objects?” and not “How do you know which are the female beetles?” Similarly,moralepistemology, as I understand it, is concerned with general questions about how we can know or justify our beliefs about moral matters. Its focus, again, is on quite general, pervasive, and apparently basic assumptions about what counts as evidence, what are reasonable sources of doubt, and what are the appropriate procedures for justifying particular moral claims. (shrink)

Various theories have been put forward in an attempt to explain what makes moral judgments justifiable. One of the main theories currently advocated in bioethics is a form of coherentism known as wide reflective equilibrium. In this paper, I argue that wide reflective equilibrium is not a satisfactory approach for justifying moral beliefs and propositions. A long-standing theoretical problem for reflective equilibrium has not been adequately resolved, and, as a result, the main arguments for wide reflective equilibrium are unsuccessful. Moreover, (...) practical problems that arise in using the method of wide reflective equilibrium undermine the idea that it is a viable approach for justifying moral judgments about cases and policies. Given that wide reflective equilibrium is the most prominent version of coherentism, these considerations call into question the coherentist approach to justification in bioethics. (shrink)

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (shrink)

I aim to show that (i) there are good ways to argue about what has intrinsic value; and (ii) good ethical arguments needn't make ethical assumptions. I support (i) and(ii) by rebutting direct attacks, by discussing nine plausible ways to argue about intrinsic value, and by arguing for pains intrinsic badness without making ethical assumptions. If (i) and (ii) are correct, then ethical theory has more resources than many philosophers have thought: empirical evidence, and evidence bearing on intrinsic value. With (...) more resources, we can hope to base all of our moral beliefs on evidence rather than on, say, emotion or mere intuition. (shrink)

In this paper I argue that the debate between subjective and objective theories of prudential value obscures the way in which elements of both are needed for a comprehensive theory of prudential value. I suggest that we characterize these two types of theory in terms of their different aims: procedural (or subjective) theories give an account of the necessary conditions for something to count as good for a person, while substantive (or objective) theories give an account of what is good (...) for a person, given some set of necessary conditions. Characterizing the theories in this way allows us to see their mutual compatibility. To make this case, I assume that a theory of prudential value ought to be descriptively and normatively adequate. The criterion of descriptive adequacy requires that our theory explain the subject relativity of prudential value. I characterize subject relativity in terms of justifiability to subjects and I argue that certain procedural theories are well suited to meet this criterion. The criterion of normative adequacy requires that our theory be capable of guiding action and I argue that a certain kind of substantive theory is needed to meet this requirement. (shrink)

In this paper I provide a critique of a set of assumptions relating to agency, choice and the legitimacy of actions impacting health that can be seen in some approaches to health promotion. After a brief discussion about the definition of health promotion, I outline two contrasting approaches to this area of health care practice. The first is focused on the provision of information and the second is concerned with seeking to change people’s preferences in a particular way. It has (...) been argued by a number of critics of health promotion that only the first approach is ethical, as it is for individuals to make their own lifestyle choices and adopt their own conception of the good life. I argue against this ‘information’ approach to health promotion on two grounds. First, I suggest that given the aims of health promotion, the provision of information is, as a matter of fact, of limited effectiveness in achieving these aims. Second, I argue that we have good reasons to question the appropriateness of respecting many of the preferences that individuals happen to have, given the origins and quality of such preferences. I then go on to argue, that by contrast we have good reasons to focus on changing at least some of the preferences that people have related to their lifestyle choices. This involves a commitment to both paternalism and a defence of a certain conception of the good life, but both can be defended. I use the example of potential responses to the growing problem of obesity to illustrate my argument, arguing that only policy that, at least sometimes, aims at preference change will be both effective and ethical. (shrink)

By considering what we identify as a problem inherent in the ‘nature of the firm’—the risk of abuse of authority—we propound the conception of a social contract theory of the firm which is truly Rawlsian in its inspiration. Hence, we link the social contract theory of the firm with the general theory of justice. Through this path, we enter the debate about whether firms can be part of Rawlsian theory of justice showing that corporate governance principles enter the “basic structure.” (...) Finally, we concur with Sen’s aim to broaden the realm of social justice beyond what he calls the ‘transcendental institutional perfectionism’ of Rawls’ theory. We maintain the contractarian approach to justice but introduce Sen’s capability concept as an element of the constitutional and post-constitutional contract model of institutions with special reference to corporate governance. Accordingly, rights over primary goods and capabilities are granted by the basic institutions of society, but many capabilities have to be turned into the functionings of many stakeholders through the operation of firms understood as post-constitutional institutional domains. The constitutional contract on the distribution of primary goods and capabilities should then shape the principles of corporate governance so that at post-constitutional level anyone may achieve her/his functionings in the corporate domain by exercising such capabilities. In the absence of such a condition, post-constitutional contracts would distort the process that descends from constitutional rights and capabilities toward social outcomes. (shrink)

Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...) choices; and (3) argue that an approach to public decision making known as accountability for reasonableness can complement theories of justice in establishing acceptable environmental health risks for the general population and susceptible subpopulations. Since accountability for reasonableness focuses on the fairness of the decision-making process, not the outcome, it does not guarantee that susceptible subpopulations will receive a maximum level of protection, regardless of costs or other morally relevant considerations. (shrink)

We often assume that hypothetical approval – either in the form of preferences or consent – under ideal conditions adds to the legitimacy of an arrangement or act. I want to show that this assumption, reasonable as it may seem, will also give rise to ethical problems. I focus on three problem areas: prudence, euthanasia and coercive psychiatric treatment. If we are to count as prudentially or morally␣relevant those preferences you would have if you were informed and rational, we will (...) run into difficulties in all these areas if your actual and rational preferences are at variance with each other. In the prudential sphere we may question the personal value of satisfying preferences that a person does not actually have. In this case our problem concerns the point of satisfying a rational preference in conflict with an actual one. In the cases of euthanasia and coercive care it concerns instead whether it would be morally right to do such a thing. I doubt there is a simple solution to our problem. In this paper at most I prepare the way for a solution or for wiser decisions in the hard cases, by pointing out what they will have to deal with. (shrink)

Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...) the strict conception of justification or a more relaxed conception of justification. This question is important since often the relevant actions are not strictly justified, while the alternative of an excuse is frequently irrelevant or does not provide an appropriate solution. Reflection on this question raises the following dilemma: On the one hand, the strict interpretation seems too harsh, especially with regard to legal liability. On the other hand, it is difficult to explain the basis for a more relaxed conception of justification. I conclude, first, that justification—and accordingly wrongfulness—is a matter of degree and that the strictly justified action is merely the peak of a continuum, and, second, that a practical reaction is in place only with regard to actions whose wrongness is above a minimal threshold. (shrink)

The paper clarifies the relative merits and proper roles of standards of review in the determination of proxy consent for those unable to make decisions concerning their own medical treatment. The "substituted judgment" standard asks which treatment the incompetent person would choose if competent, while the "best interests" test asks which treatment would benefit the patient. The tests are discussed in relation to the moral principles of autonomy and beneficence which provide their justification. I distinguish six types of cases involving (...) incompetent patients and argue that which standard is appropriate depends on the type of case involved. A "rational choice" standard, which asks "What would the incompetent patient choose if his or her choice were rational?", is proposed as a way of determining best interests. Keywords: proxy consent, nontreatment of incompetent persons, substituted judgment CiteULike Connotea Del.icio.us What's this? (shrink)

Morally speaking, is abortion murder? This is what I am calling the ‘abortion problem’. I claim that neither pro-life nor pro-choice advocates have the correct solution; that the correct solution is instead one considered correct by relatively few people. But if this solution really is correct, then why, after years of intense debate, is this solution not more widely accepted? Many, no doubt, are precluded from accepting it by religious dogma. But others, I think, fail to arrive at a correct (...) solution because they have been approaching the problem from the wrong theoretical framework. Or they have been approaching it without any theoretical framework at all. That is, they have no theoretical framework beyond that of merely examining their moral intuitions and, if anything is clear so far from the abortion debate, it is that intuitions alone, which differ radically from person to person, are not sufficient to solve the problem. In short: one is unlikely to arrive at the correct solution unless one starts from a sound theoretical framework. I shall, in what follows, sketch what I take to be a sound theoretical framework. Then I shall try to show what solution to the abortion problem follows from it. (shrink)

Many would consider the lengthening debate between moral realists and anti-realists to be draw-ish. Plainly new approaches are needed. Or might the issue, which most broadly concerns realism in relation to normative judgments, be broken down into parts or sectors? Physicists have been saying, in relation to a similarly longstanding debate, that light in some respects behaves like waves and in some respects like particles. Might realism be more plausible in relation to some kinds of normative judgments than others?