The RIAA v. Verizon case offers an opportunity to analyze the scope of an Internet service provider’s responsibility to help deter copyright infringement. In this case, the RIAA served Verizon with a subpoena requesting the identity of two users who were making available copyrighted recordings for downloading on peer‐to‐peer networks. The main axis of discussion is whether or not Verizon has a moral obligation to reveal the names of these individuals. Should Verizon cooperate with the RIAA or should it seek (...) to shield the identity of these users in order to protect their anonymity and privacy? A secondary theme concerns Verizon’s prospective responsibility to curtail infringement. We will argue that Verizon and other ISPs have a limited obligation to assist copyright holders by disclosing the identity of infringers, but we contend that any prospective responsibility is constrained by law and technological capability. (shrink)

In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions (...) across several registers of moral analysis. Second, I formulate what I consider the most illuminating questions regarding the criteria used to evaluate commodification in law. Critiques of commodification in law face what I call problems of ideology, intractability, and hyperbole, and identifying these issues helps to explain the momentum of the law and economics movement. (shrink)

We revisit classical Utilitarianism by connecting and generalizing two ideas. The first is that there is a representation theorem possible for hedonic value similar to, but also importantly different from, the one provided by von Neumann and Morgenstern to measure decision utility. The idea is to use objective time, in place of objective chance, to measure hedonic value. This representation for hedonic value delivers a stronger kind of scale than von Neumann–Morgenstern utility, a ratio scale rather than merely an interval (...) scale. The second idea is that measurement on a ratio scale allows the meaningful aggregation of utilities over a group. This is aggregation by product rather than sum. Aggregation by product is known to have interesting Prioritarian consequences. Aggregation becomes complicated when the two approaches are mixed, when hedonic value is mixed with uncertainly. It becomes problematic when pain as well as pleasure is taken into account. (shrink)

Epistemic consequentialists think that epistemic norms are about believing the truth and avoiding error. Recently, a number of authors have rejected epistemic consequentialism on the basis that it incorrectly sanctions tradeoffs of epistemic goodness. Here, I argue that epistemic consequentialists should borrow two lessons from ethical consequentialists to respond to these worries. Epistemic consequentialists should construe their view as an account of right belief, which they distinguish from other notions like rational and justified belief. Epistemic consequentialists should also make their (...) view ‘sophisticated,’ in the sense of Railton. Epistemic consequentialism, I conclude, is best construed as sharing much of its structure with prominent act-consequentialist views in ethics. Epistemic consequentialism has an advantage over its ethical counterpart though: the key claim of the view is practically universally accepted, which gives us an additional reason to think it’s true. (shrink)

In this paper, I explain the demands of filial obligations from act and rule consequentialism. More specifically, I defend a rule-consequentialist explanation of filial obligations, and identify a few factors in relation to the determination of filial demands; they include the costs of internalization of filial obligations, and the proportions of the young and the old generations in a population pyramid. I believe that in a society with an aging population, we may accept a strong view of filial obligation. Towards (...) the end of the paper, I explain that rule-consequentialism is compatible with certain special views of filial obligations, such as the gratitude theory and the special goods theory; these theories represent ways in which adult children and their parents may obtain special goods from engaging in the relationship. (shrink)

We are agents: we can deliberate about what to do, and then act on the basis of that deliberation. We are also capable of normative self-governance: we can identify and respond to reasons as reasons. Many theorists believe that these two capacities are intimately connected. On the basis of this connection they conclude that practical reasoning must be carried out under the guise of a justification. This paper explores two strategies for avoiding that conclusion. The first, which just denies the (...) connection between agency and normative self-governance, is rejected as too costly, since it leaves the normative significance of agency unexplained. The second, which suggests that we can respond to a consideration as a reason without representing it as a reason, seems more promising, but it requires a reductive account of reasons for action. The upshot is that metaethics and action theory are entwined in ways that few have recognized. (shrink)

How do contemporary publics understand happiness? What makes them experience it? Do conceptions and sources of their happiness vary across culturally different societies? This paper addresses these questions, utilizing the 2008 round of the AsiaBarometer surveys conducted in six countries scattered over four different continents. Analyses of these surveys, conducted in Japan, China, and India from the East; and the United States, Russia, and Australia from the West, reveal a number of interesting cross-cultural differences and similarities in the way the (...) people of the East and West understand and experience happiness. Specifically, the former are much less multidimensional than the latter in their conceptions of happiness. Yet, they are alike in that their sense of relative achievement or deprivation is the most pervasive and powerful influence on happiness. (shrink)

Examples from Archimedes, Galileo, Newton, Einstein, and others suggest that fundamental laws of physics were—or, at least, could have been—discovered by experiments performed not in the physical world but only in the mind. Although problematic for a strict empiricist, the evolutionary emergence in humans of deeply internalized implicit knowledge of abstract principles of transformation and symmetry may have been crucial for humankind's step to rationality—including the discovery of universal principles of mathematics, physics, ethics, and an account of free will that (...) is compatible with determinism. (shrink)

The ArgumentIn this paper I challenge the “uncertainty reduction” argument — the dominant explanation for the rise of bureaucratic firms in the late nineteenth century. In contradiction to the agrument that “uncertainty” was a barrier to rational economic order and therefore needed to be reduced, I argue that “uncertainty” was manufactured, objectified, and reified in the course of developing industrial bureacracies. Using an alternative historical narrative I demonstrate that “uncertainty” was used to increase the “rationality” — i.e., control — of (...) hierarchies and to enhance the legitimacy of “rational planning.” In other words, strategies to “reduce uncertainty” increased the “certainty” — i.e., control and centrality — of rational planners but increased the “uncertainty” of their subordinates. I point to the fact that the “uncertainty reduction” argument became a central element in the professional idelogy of management and a focal point in management education programs. Furthermore, the canonical organization theory in the social sciences adopted the rhetoric, logic, and epistemlogy produced by the agents under its study and disseminated their ideology. Through their interrelationship in organization theory, “uncertainty” and “rationality” were enacted as two binary opposites that reproduce each other and construct one “coherent” scheme. (shrink)

ABSTRACTFaced with the marketization of Higher Education in England, pedagogy is under pressure in ways that often undermine lecturers’ deeply held values. For instance, this pressure results in the reduction of significant aspects of teaching to narrow metrics and requires universities to operate within intrusive structures that subordinate their pedagogical aims to profit-orientated objectives. In this paper, I analyse the way that people can preserve their agency in this pedagogical context. I guide my analysis with a framework that combines critical (...) realism with Aristotelian virtue ethics and MacIntyre’s ideas of qualities within human practices. I suggest the kinds of qualities that might assist faculty to preserve and advance rich pedagogical projects in the current circumstances. Finally, I use a critical realist morphogenetic approach to argue that people may be able to resist losing their way when faced with ubiquitous performativity regimes. (shrink)

More than two decades after his seminal paper ‘Subjective Well-Being’, Ed Diener wrote that he substituted happiness with well-being to obtain scientific credibility. Are the arguments echoed in positive psychology rigorous enough to justify this substitution? This article focuses on the historical examination of the word happiness, covering the lexical universes of ancient Greek, Latin, and English, seeking to identify the connections between them. We found that arguments for such substitution are sustained by a fragile appreciation of the semantic depth (...) of happiness. Although it favors quantification, the current understanding of well-being obliterates the plurality of the debate about happiness and the recognition of other ideals of life. Thus, we conclude that well-being and happiness are semantically close, but conceptually, metaphysically, and empirically distinct, demanding, as objects, particular investigations. (shrink)

Which individuals should count in a welfare-consequentialist analysis of public policy? Some answers to this question are parochial, and others are more inclusive. The most inclusive possible answer is ‘everybody to count for one.’ In other words, all individuals who are capable of having welfare – including foreigners, the unborn, and non-human animals – should be weighed equally. This article argues that ‘who should count’ is a question that requires a two-level answer. On the first level, a specification of welfare-consequentialism (...) serves as an ethical ideal, a claim about the attributes that the ideal policy would have. ‘Everybody to count for one’ might succeed on this level. However, on the second level is the welfare-consequentialist analysis procedure used by human analysts to give advice on real policy questions. For epistemic reasons, the analysis procedure should be more parochial than ‘everybody to count for one.’. (shrink)

Arguing in support of Aristotle, Aquinas conceptualised the cognitive functioning of the human as exceeding that of other animals. In its base form, the Thomistic position asserts that the intellective functioning of the human animal is superior to the instinctual operation of the non-human animal. For Aquinas, it is the intellect that determines the enactment of the human will. Thus, if a non-human animal is devoid of intellect, no willing of any action is possible. Consequently, an action of a non-human (...) animal which is humanly perceived as immoral, is in fact morally agnostic because the animal lacks the reasoning capacity to judge the potential action's moral status. Given that Aquinas’ argument centres on the role of reason in determinations of moral status, we seek to determine the status theoria of the Thomistic moral theory in light of contemporary studies into animal cognition. The assertion is made that this particular aspect of Aquinas’ moral theory requires rewriting because reason is evident in animal cognition to a greater extent than Aquinas would have been able to appreciate given his contextual limitations. This presence of reason, we argue, ascribes moral status to some non-human animals, analogous to their human counterparts. However, we will also contend that rather than dismissing Aquinas’ reason-founded ethics, value could be found in retaining a rewritten Thomistic theoretical construction which extends Aquinas’ ethic to include animals apart from the human that are bearers of the faculty of reason. (shrink)

In the paper I offer a brief sketch of one of the sources of utilitarianism. Our biological ancestry is a matter of fact that is not altered by the way we describe ourselves. With philosophical theories it is otherwise. Utilitarianism can be described in ways that make it look as if it is as old as moral philosophy – as J. S. Mill thought it was. For my historical purposes, it is more useful to have an account that brings out (...) what is specific about Benthamism and its descendants. Let us try to make do with the following. First, utilitarianism asserts that the fundamental requirement of morality is that we are to maximize good, for everyone and not just for the agent. This basic principle presupposes that it makes sense to think of aggregating goods to make a total, and of comparing amounts of good thus aggregated. Second, the good to be brought about is located in feelings of pleasure, and the evil to be avoided in feelings of pain. These feelings have inherent value or disvalue regardless of how they are caused to exist and regardless of their own consequences. Third, all moral principles can be derived from the requirement that good be maximized. The principles involved in evaluating agents as well as in giving moral direction to action are nothing but applications of the basic principle. (shrink)

Does doing good in itself make one a better person? This idea is intuitive yet its precise formulation underexplored. This article first shows that it is not the case that a person is good to the extent that her existence brings about good or to the extent that her actions do good. A proportional principle that evaluates a person according to the expected goodness of her actual course of action relative to the expected goodness of other available courses is shown (...) to be the most plausible candidate. However, such a principle can only be a pro tanto principle of what makes persons good. To account for other relevant intuitions – such as that a person's motives matter for how good she is – we need further principles. This article ends with a few practical implications about how to be a better person according to the principle defended here. (shrink)

Mill's most famous departure from Bentham is his distinction between higher and lower pleasures. This article argues that quality and quantity are independent and irreducible properties of pleasures that may be traded off against each other higher pleasures’ lexically dominate lower ones, and that the distinction is compatible with hedonism. I show how this interpretation not only makes sense of Mill but allows him to respond to famous problems, such as Crisp's Haydn and the oyster and Nozick's experience machine.

Mill's most famous departure from Bentham is his distinction between higher and lower pleasures. This article argues that quality and quantity are independent and irreducible properties of pleasures that may be traded off against each other – as in the case of quality and quantity of wine. I argue that Mill is not committed to thinking that there are two distinct kinds of pleasure, or that ‘higher pleasures’ lexically dominate lower ones, and that the distinction is compatible with hedonism. I (...) show how this interpretation not only makes sense of Mill but allows him to respond to famous problems, such as Crisp's Haydn and the oyster and Nozick's experience machine. (shrink)

Inequalities, ineffective governance, unclear surrogacy regulations and unethical practices make India an ideal environment for global injustice in the process of commercial surrogacy. This article aims to apply the ‘capabilities approach’ to find possibilities of global justice through human fellowship in the context of commercial surrogacy. I draw primarily on my research findings supplemented by other relevant empirical research and documentary films on surrogacy. The paper reveals inequalities and inadequate basic entitlements among surrogate mothers as a consequence of which they (...) are engaged in unjust contracts. Their limited entitlements also limit their opportunities to engage in enriching goals. It is the role of the state to provide all its citizens with basic entitlements and protect their basic human rights. Individuals in India evading their basic duty also contribute to the existing inequalities. Individual responsibilities of the medical practitioners and the intended parents are in question here as they are more inclined towards self-interest rather than commitment towards human fellowship. At the global level, the injustice in transnational commercial surrogacy practices in developing countries calls for an international declaration of women and child rights in third party reproduction with a normative vision of mutual fellowship and human dignity. (shrink)

In a published debate between Law and Economics avatar Judge Richard Posner and Professor Robin Malloy entitled ‘Is Law and Economics Moral?’, Malloy argued that the dominant methodology of Law and Economics is immoral. Malloy likened it to the Frankenstein Monster – an unholy, undead abomination that can go berserk despite its ostensibly benign provenience. Malloy claimed that wealth maximization applied to social discourse ‘reduces people to an human existence to imaginary variables for calculation’.

Health and Social Justice (Ruger 2009a) developed the ?health capability paradigm,? a conception of justice and health in domestic societies. This idea undergirds an alternative framework of social cooperation called ?shared health governance? (SHG). SHG puts forth a set of moral responsibilities, motivational aspirations, and institutional arrangements, and apportions roles for implementation in striving for health justice. This article develops further the SHG framework and explains its importance and implications for governing health domestically.

The American Journal of Bioethics, Volume 11, Issue 7, Page W1-W3, July 2011.

The increasing application of artificial intelligence (AI) to healthcare raises both hope and ethical concerns. Some advanced machine learning methods provide accurate clinical predictions at the expense of a significant lack of explainability. Alex John London has defended that accuracy is a more important value than explainability in AI medicine. In this article, we locate the trade-off between accurate performance and explainable algorithms in the context of distributive justice. We acknowledge that accuracy is cardinal from outcome-oriented justice because it helps (...) to maximize patients’ benefits and optimizes limited resources. However, we claim that the opaqueness of the algorithmic black box and its absence of explainability threatens core commitments of procedural fairness such as accountability, avoidance of bias, and transparency. To illustrate this, we discuss liver transplantation as a case of critical medical resources in which the lack of explainability in AI-based allocation algorithms is procedurally unfair. Finally, we provide a number of ethical recommendations for when considering the use of unexplainable algorithms in the distribution of health-related resources. (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)

Technological advances in veterinary medicine have produced considerable progress in the diagnosis and treatment of numerous diseases in animals. At the same time, veterinarians, veterinary technicians, and owners of animals face increasingly complex situations that raise questions about goals of care and correct or reasonable courses of action. These dilemmas are frequently controversial and can generate conflicts between clients and health care providers. In many ways they resemble the ethical challenges confronted by human medicine and that spawned the creation of (...) clinical ethics committees as a mechanism to analyze, discuss, and resolve disagreements. The staff of the North Carolina State University Veterinary Hospital, a specialty academic teaching institution, wanted to investigate whether similar success could be achieved in the tertiary care veterinary setting. We discuss the background and rationale for this method, as well as the approach that was taken to create a clinical ethics committee. (shrink)

In The Pursuit of Unhappiness, Daniel Haybron has defended an emotional state theory of happiness, according to which happiness consists in a broadly positive balance of emotions, moods, and mood propensities. In this paper, I argue that Haybron’s theory should be modified in two ways. First, contra Haybron, I argue that sensory pleasures should be regarded as constituents of happiness, alongside emotions and moods. I do this by showing that sensory pleasures are sufficiently similar to emotions for them to be (...) included within the class of happiness-constituting states. Second, I argue that a plausible theory of happiness should not include mood propensities, since their inclusion is either counterintuitive or unnecessary. (shrink)

Some philosophical theories of consciousness imply consciousness in things we would never intuitively think are conscious—most notably, panpsychism implies that consciousness is pervasive, even outside complex brains. Is this a reductio ab absurdum for such theories, or does it show that we should reject our original intuitions? To understand the stakes of this question as clearly as possible, we analyse the structured pattern of intuitions that panpsychism conflicts with. We consider a variety of ways that the tension between this intuition (...) and panpsychism could be resolved, ranging from complete rejection of the theory to complete dismissal of the intuition, but argue in favour of more nuanced approaches which try to reconcile the two. (shrink)

The recent frauds in organizations have been a point for reflection among researchers and practitioners regarding the lack of morality in certain decision-making. We argue for a modification of decision-making models that has been accepted in organizations with stronger links with ethics and morality. With this aim we propose a return to the base value of Christianity, supported by Bible scriptures, underlying six dominant ethical approaches that drive practices in organizations.

Cognitive science is shamelessly materialistic. It maintains that human beings are nothing more than complex physical systems, ultimately and completely explicable in mechanistic terms. But this conception of humanity does not ?t well with common sense. To think of the creatures we spend much of our day loving, hating, admiring, resenting, comparing ourselves to, trying to understand, blaming, and thanking -- to think of them as mere mechanisms seems at best counterintuitive and unhelpful. More often it may strike us as (...) ludicrous, or even abhorrent. We are. (shrink)

One might have thought that any right-thinking utilitarian would hold that motives and intentions are morally on a par, as either might influence the consequences of one's actions. However, in a neglected passage of Utilitarianism, John Stuart Mill claims that the rightness of an action depends 'entirely upon the intention' but does not at all depend upon the motive. In this paper I try to make sense of Mill's initially puzzling remarks about the relative importance of intentions and motives in (...) a way that highlights the importance of other elements of his moral philosophy and action theory. (shrink)

:This article provides a critique of the monolithic accounts that define justice in terms of a single and often inappropriate goal. By providing an array of real examples, I argue that there is no simple definition of justice, because allocations that express justice are governed by a variety of reasons that reasonable people endorse for their saliency. In making difficult choices about ranking priorities, different considerations have different importance in different kinds of situations. In this sense,justice is a conclusionabout whether (...) an allocation reflects the human interests and priorities that are at stake. The article describes how several principles of justice have a legitimate place in medical allocations. To achieve justice within medical practice, professionals should focus on the human interests and compelling reasons for prioritizing specific principles within their specific medical domain. (shrink)

The western-based leadership and ethics literatures were reviewed to identify the key characteristics that conceptually define what it means to be an ethical leader. Data from the Global Leadership and Organizational Effectiveness (GLOBE) project were then used to analyze the degree to which four aspects of ethical leadership – Character/Integrity, Altruism, Collective Motivation, and Encouragement – were endorsed as important for effective leadership across cultures. First, using multi-group confirmatory factor analyses measurement equivalence of the ethical leadership scales was found, which (...) provides indication that the four dimensions have similar meaning across cultures. Then, using analysis of variance (ANOVA) tests each of the four dimensions were found to be universally endorsed as important for effective leadership. However, cultures also varied significantly in the degree of endorsement for each dimension. In the increasingly global business environment, these findings have implications for organizations implementing ethics programs across cultures and preparing leaders for expatriate assignments. (shrink)

Three main versions of cognition-arousal theory are distinguished depending on how they interpret the theory’s basic postulate, that an emotion is a function of cognition and arousal: objectivist causal theories, attributional theories, and fusion theories. The objectivist causal and attributional theories each comprise a causal-functional and a part-whole version, and the fusion theory subsumes in particular a categorization and a perceptual integration version. In addition, the attributional version of cognition-arousal theory can be reinterpreted as a theory of emotion self-ascription. Although (...) arousal may in fact not be necessary for emotions, a modified cognition-feeling theory that replaces arousal with intrinsically affective feelings, seems still viable. Arguments are presented why the objectivist causal-functional version of this theory should be preferred. (shrink)

This paper will attempt to provide an overview of Bentham's fundamental thinking with regard to the relief of indigence. The manuscripts on which it draws form the texts of unpublished works, namely a set of ‘Three Essays on the Poor Laws’, which were completed by Bentham, and ‘Pauper Systems Compared’, which remains in a comparatively unfinished state. In the ‘Essays’, Bentham considers first the question of whether the relief of indigence should be a public responsibility, and, having concluded that it (...) should, moves on to consider what conditions should be attached to that relief. In ‘Systems Compared’, Bentham analyzes different systems of provision in terms of their compatibility with these conditions. (shrink)

This article argues that Bentham was committed to attempting to measure the outcomes of rules by calculating the values of the pains and pleasures to which they gave rise. That pleasure was preferable to pain, and greater pleasure to less, were, for Bentham, foundational premises of rationality, whilst to abjure calculation was to abjure rationality. However, Bentham knew that the experience of pleasure and pain, the ‘simple’ entities which provided his objective moral standard, was not only subjective, and only indirectly (...) accessible to the legislator, but also typically dependent on a complex of socially mediated beliefs and attitudes. All moral reasoning involved a process of inference from contingent ‘facts’ which was littered with possibilities for error. The Bentham who emerges is a more vulpine hedgehog than is usually allowed, whose core insistence is that, despite its imperfections, consequentialist analysis and decision-making remains the only viable route to a rational morality. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 415-437, December 2021.

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)

Kant argues that the “discipline” of reason holds us topublicargument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for reason's authority (...) in all the provinces that rational beings inhabit. (shrink)

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

Bentham belongs to a long tradition of reflection on law according to which the nature of law can best be understood in terms of its distinctive contribution to the solution of certain deep and pervasive problems of collective action or collective rationality. I propose to take a critical look at Bentham's unique and penetrating contribution to this tradition. For this purpose I will rely on the interpretation of the main lines of Bentham's jurisprudence and its philosophical motivations which I have (...) developed inBentham and the Common Law Tradition. will not attempt further to defend it here. I wish, rather, to reflect on themes and arguments which this interpretation of Bentham's jurisprudence has uncovered. (shrink)

The ethical theory underlying much of our treatment of animals in agriculture and research is the moral agency view. It is assumed that only moral agents, or persons, are worthy of maximal moral significance, and that farm and laboratory animals are not moral agents. However, this view also excludes human non-persons from the moral community. Utilitarianism, which bids us maximize the amount of good in the world, is an alternative ethical theory. Although it has many merits, including impartiality and the (...) extension of moral concern to all sentient beings, it also appears to have many morally unacceptable implications. In particular, it appears to sanction the killing of innocents when utility would be maximized, including cases in which we would deliberately kill and replace a being, as we typically do to animals on farms and in laboratories. I consider a number of ingenious recent attempts by utilitarians to defeat the killing and replaceability arguments, including the attempt to make a place for genuine moral rights within a utilitarian framework. I conclude that utilitarians cannot escape the killing and replaceability objections. Those who reject the restrictive moral agency view and find they cannot accept utilitarianism's unsavory implications must look to a different ethical theory to guide their treatment of humans and non-humans. (shrink)

Two components of lay observers’ calculus of moral judgment are proximal intent (the actor’s mind is focused on performing the action) and distal intent (the actor’s mind is focused on the broader goal). What causes observers to prioritize one form of intent over the other? The authors observed whether construal level (Studies 1-2) and beliefs about free will (Studies 3-4) would influence participants’ sensitivity to the actor’s proximal versus distal intent. In four studies, participants read scenarios in which the actor’s (...) proximal and distal intent were independently manipulated. In Study 1, when only distal intent was present in the actor’s mind, participants rated the psychologically distant actor more responsible than the psychologically near actor. In Study 2, when only distal intent was in the actor’s mind, participants with a chronic high level of action identification rated the actor more responsible than did those with a low level of action identification. In both studies, when only proximal intent was in the actor’s mind, construal level did not predict judgments of responsibility. In Study 3, when only proximal intent was present in the actor’s mind, the more participants believed in free will, the more they rated the actor responsible. When only distal intent was in the actor’s mind, free will belief did not influence ratings of responsibility. In Study 4, the same pattern emerged when free will / determinism beliefs were manipulated and the actor performed a positive (life-saving) act. The authors discuss how these results shed new light on the literatures on moral reasoning and psycho-legal theory. (shrink)

The argument of this paper is part of a general defence of the claim that Bentham's moral theory embodies a utilitarian theory of distributive justice, which is developed in his Civil Law writings. Whereas it is a commonplace of recent revisionist scholarship to argue that J. S. Mill had a developed utilitarian theory of justice, few scholars regard Bentham as having a theory of justice, let alone one that rivals in sophistication that of Mill. Indeed, Gerald J. Postema in his (...) book Bentham and the Common Law Tradition, argues that Bentham had no substantial concern with the concept of justice, and that what analysis of the concept there is in Bentham's thought is unlike the utilitarian theory of justice to be found in chapter five of J. S. Mill's Utilitarianism Although Postema's interpretation is not the only one that will be addressed in this paper, it serves as an important starting point for any rival interpretation of Bentham's ethical theory for two reasons. Firstly, it is the most comprehensive and most penetrating discussion of Bentham's utilitarian theory, drawing as it does on a wide variety of published and unpublished materials written throughout Bentham's career. Secondly, it is interesting in this particular context because the contrast that Postema draws between Bentham's and Mill's theories of justice depends upon a particular reading of Mill's theory of justice and utility which is derived from recent scholarship and which is by no means uncontroversial. As part of the defence of the claim that Bentham had a sophisticated theory of distributive justice, it will be argued in this paper that the contrast drawn between Bentham and Mill does not stand up to careful scrutiny, for insofar as Mill's theory of justice can be consistently defended it is not significantly different from the utilitarian strategy that Bentham employed for incorporating considerations of distributive justice within his theory. This is not to claim that there are not significant differences between the theories of justice of Bentham and J. S. Mill, but it is to claim that whatever technical differences exist between their theories, both writers saw the need to incorporate the concept of justice within utilitarianism. Therefore, rather than showing that Mill is an interesting thinker to the extent that he abandons his early Benthamism, by demonstrating how close Mill's theory of utility and justice is to that of Bentham, it will be possible to argue that Bentham employed a sophisticated and subtle utilitarian theory that was responsive to the sort of problems which occupied Mill a generation later. (shrink)

Many open networks, distributed computing systems, and infrastructure management systems face a common problem: how to distribute a collectivised set of resources amongst a set of autonomous agents of heterogenous provenance. One approach is for the agents themselves to self-organise the allocation of resources with respect to a set of agreed conventional rules; but given an allocation scheme which maps resources to those agents and a set of rules for determining that allocation scheme, some natural questions arise—Is this allocation fair? (...) Is the allocation method effective? Is it efficient? Are the decision makers accountable? In this paper, we argue that some answers to these questions can be found in the formal characterisation of different aspects of ‘justice’ and that these different aspects need a principled operationalisation as policies for system management. We present a formal model and some experimental results, concluding that the different aspects are all inter-connected and that what is required is a comprehensive research programme in computational justice. (shrink)

Management theory and practice are facing unprecedented challenges. The lack of sustainability, the increasing inequity, and the continuous decline in societal trust pose a threat to ‘business as usual’. Capitalism is at a crossroad and scholars, practitioners, and policy makers are called to rethink business strategy in light of major external changes. In the following, we review an alternative view of human beings that is based on a renewed Darwinian theory developed by Lawrence and Nohria. We label this alternative view (...) ‘humanistic’ and draw distinctions to current ‘economistic’ conceptions. We then develop the consequences that this humanistic view has for business organizations, examining business strategy, governance structures, leadership forms, and organizational culture. Afterward, we outline the influences of humanism on management in the past and the present, and suggest options for humanism to shape the future of management. In this manner, we will contribute to the discussion of alternative management paradigms that help solve the current crises. (shrink)

Affective forecasting refers to the ability to predict future emotions, a skill that is essential to making decisions on a daily basis. Studies of the concept have determined that individuals are often inaccurate in making such affective forecasts. However, the mechanisms of these errors are not yet clear. In order to better understand why affective forecasting errors occur, this article seeks to trace the theoretical roots of this theory with a focus on its multidisciplinary history. The roots of affective forecasting (...) lie mainly in economics, with early claims positing that utility played a role in decision-making. Furthermore, the philosopher Jeremy Bentham’s descriptions of utilitarianism played a major role in our understanding of whether to define utility as a hedonic quality. The birth of behavioural economics resulted in a paradigm shift, introducing the concept of cognitive biases as influences on the accuracy of predicted utility. Daniel Gilbert and Timothy Wilson, the earliest researchers of affective forecasting errors, have proceeded with the concept of the accuracy of predicted affective utility to conduct experiments that seek to determine why our predictions of future affect are inaccurate and how such errors play a role in our decision-making. (shrink)