Common-sense morality seems to tell us that a rescuer who can save either one individual or five other individuals from death has a duty to save the greater number. But contractualism, a moral theory on which principles must be justifiable to individuals, seems to imply that it is permissible to save the one. This is because a commitment to individual justification blocks the possibility of appealing to the aggregate amount of lives saved. Does contractualism really have this implication? If so, (...) should we side with the common-sense approach, or is there any reason to side with the contractualist? In this paper, I first examine a new argument from Jay Wallace which claims to reconcile contractualism with a duty to save the greater number. I find the argument to be unsuccessful. I then suggest that common-sense morality doesn't support a duty to save the greater number as straightforwardly as it might initially seem as it might initially seem. I introduce two mundane cases in which the permissibility of saving either the lesser or greater number is intuitively plausible, and I offer some reasons to think that the permissibility of saving the lesser number coheres with our value judgements more generally. (shrink)

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...) and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

In most penal systems, success is punished more than failure. For example, murder is punished more severely than attempted murder. But success or failure is often determined by luck. It thus appears that punishment is allotted on the basis of arbitrary factors. The problem of criminal attempts is the question of how to best resolve this apparent tension. One particularly sophisticated attempt at resolution, first developed by David Lewis, holds that such differential punishment is not unjust when understood as a (...) natural penal lottery. What is most interesting about this view is that it does not appear to involve a commitment to resultant moral luck. I argue that the natural penal lottery fails to deliver justice. Upon analysis, it carries the same implication that it sought to avoid—namely, a commitment to resultant moral luck. I then argue that there can be, in principle, no penal lottery that delivers justice, natural or otherwise. (shrink)

In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.

Almost everyone allows that conditions can obtain that exempt agents from moral responsibility—that someone is not a morally responsible agent if certain conditions obtain. In his seminal Freedom and Resentment, Peter Strawson denies that the truth of determinism globally exempts agents from moral responsibility. As has been noted elsewhere, Strawson appears committed to the surprising thesis that being an evil person is an exempting condition. Less often noted is the fact that various Strawsonians—philosophers sympathetic with Strawson’s account of moral responsibility—at (...) least appear to have difficulty incorporating evil persons into their accounts of moral responsibility. In what follows, I argue that Strawson is not committed to supposing that being evil is an exempting condition—at least, that he can allow that evil persons are morally responsible agents. (shrink)

This paper presents a new version of the democratic argument for the freedom of expression that has the resources to give a plausible reply to the perennial objection—ordinarily considered fatal—that such accounts fail to deliver protections for abstract art, instrumental music, and lots of other deserving nonpolitical speech. The argument begins with the observation that there are different things that a free speech theory might aim to accomplish. It will hope to justify a right to free speech, of course, with (...) a particular scope and shape, but that right might be a moral right, an ordinary legal right, or a specifically constitutional right. The new version of the argument—the refined argument from democracy—aims to justify a specifically constitutional right to political speech, administered by strong-form judicial review. The democracy theorist can accommodate the intuition that abstract art deserves protection by agreeing that we have a moral right, and probably ought to have an ordinary legal right, to produce and view abstract art. She must only insist that abstract art should not be protected by a specifically constitutional right administered by strong-form judicial review. Not because abstract art does not deserve constitutional protection, but because, on this view, whether a particular right ought to be enshrined in the constitution and administered by judicial review is not solely a matter of the importance of the right or the value of the interests it protects. (shrink)

Christine Korsgaard’sSelf-Constitution: Agency, Identity, and Integrityis an impressive endeavour to synthesize the ethics of Plato and Kant in a comprehensive account of action and agency that locates the key to understanding both in self-constitution. A purportedly comprehensive account of action and agency will fail on its own terms if it cannot adequately account for some morally salient phenomenon. Korsgaard’s account fails to adequately account for the possibility of evil actions and evil people. If self-constitution is key to action and agency, (...) then we must abandon the Platonic and Kantian elements that Korsgaard endorses.L’ouvrage de Christine Korsgaard intituléSelf-Constitution: Agency, Identity, and Integrityreprésente un remarquable travail de synthèse des éthiques platonicienne et kantienne qui, de manière exhaustive, rend compte de l’action et de l’agentivité sous le prisme de la constitution de soi. Toute tentative de saisie parfaite de l’action et de l’agentivité en termes propres ne saurait aboutir sans une prise en compte adéquate d’un quelconque phénomène moral saillant. L’approche de Korsgaard ne prend pas suffisamment en compte la possibilité du mal sous forme d’actions ou d’individus. Si la constitution de soi demeure centrale pour l’action et l’agentivité, alors il faudra mettre à l’écart les éléments platoniciens et kantiens que Korsgaard fait siens. (shrink)

1. In ‘A problem for expressivism’ Frank Jackson and Philip Pettit argue ‘that expressivists do not have a persuasive story to tell about how ethical sentences can express attitudes without reporting them and, in particular, without being true or false’ (1998: 240). Briefly: expressivists say that ethical sentences serve to express non-cognitive attitudes, but that these sentences do not report non-cognitive attitudes. The view that ethical sentences do report non-cognitive attitudes is not Expressivism (and not non-cognitivism), but rather a version (...) of cognitivism. According to (what we’ll call) Subjectivism, a typical ethical sentence like ‘Abortion is wrong’ reports the speaker’s non-cognitive attitude toward abortion; it says, in effect, that abortion is the object of some attitude of the speaker’s. Expressivists, by contrast, say that the sentence expresses a non-cognitive attitude toward abortion, but does not say that the speaker has it. Ayer put it this way: I can say that I am bored by uttering the sentence ‘I am bored’, but I can express boredom, without saying that I am bored, by yawning (Ayer 1952: 109). (shrink)

Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.

This paper investigates philosophically the question of whether or not college and university athletes in the USA are doing something morally wrong should they terminate their college or university experience prior to graduation and enter the professional athletic ranks. Various moral arguments are brought to bear in order to attempt to shed light on this issue. One reason why such athletes ?turn professional? before they graduate is the perceived economic exploitation they experience as essentially underpaid workers earning much revenue for (...) their respective institutions. But who is exploiting whom here? Is it just student athletes who are exploited by the system? I expand the reasoning about the exploitation of intercollegiate athletics to include not just student athletes, but their supporting colleges and universities. In the end, it is proposed that the National Collegiate Athletic Association and similar academically related athletic agencies should permit and encourage each of their constituent institutions as a matter of policy to protect themselves (and their supporting taxpayers, in the cases of public institutions) contractually from economic exploitation by professional sports franchises. Thus the question of student athletes leaving college for professional sports contracts has hidden beneath it questions of private professional sports franchises? exploitation of the institutions with which such student athletes are affiliated. (shrink)

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...

The paper addresses the question of judges' moral responsibility in an unjust society. How is the "moral" judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?

This paper examines the recent actions by the United States in Iraq in the light of just war principles, and sets forth a program for holding accountable those most responsible for war crimes in Iraq.

Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights-attributions, rights and duties must be (...) strictly contemporaneous, the interests that rights protect need not temporally coincide with those rights. (shrink)