It is widely held that agent-neutral consequentialism is incompatible with deontic constraints. Recently, Kieran Setiya has challenged this orthodoxy by presenting a form of agent-neutral consequentialism that he claims can capture deontic constraints. In this reply, we argue against Setiya's proposal by pointing to features of deontic constraints that his account fails to capture.

When it comes to epistemic normativity, should we take the good to be prior to the right? That is, should we ground facts about what we ought and ought not believe on a given occasion in facts about the value of being in certain cognitive states (such as, for example, the value of having true beliefs)? The overwhelming answer among contemporary epistemologists is “Yes, we should.” This essay argues to the contrary. Just as taking the good to be prior to (...) the right in ethics often leads one to sanction implausible trade-offs when determining what an agent should do, so too, this essay argues, taking the good to be prior to the right in epistemology leads one to sanction implausible trade-offs when determining what a subject should believe. Epistemic value—and, by extension, epistemic goals—are not the explanatory foundation upon which all other normative notions in epistemology rest. (shrink)

This paper takes a closer look at the incompatibility thesis, namely the claim that consequentialism is incompatible with accepting the moral relevance of the doing-allowing distinction. I examine two attempts to reject the incompatibility thesis, the first by Samuel Scheffler and the second by Frances Kamm. I argue that both attempts fail to provide an adequate ground for rejecting the incompatibility thesis. I then put forward an account of what I take to be at stake in accepting or rejecting the (...) incompatibility thesis, namely the underlying conception of responsibility. There are, I contend, two relevant conceptions of responsibility, the globalist and the localist. In order for the compatibilist argument to go through, the globalist conception must be adopted. I aim to provide a formulation and defence of the dependency of the compatibilist view on the globalist conception of responsibility. I will not, however, argue for one conception of responsibility over the other. (shrink)

The Trolley Problem arises from a set of moral dilemmas, most of which involve tradeoffs between causing one death and preventing several more deaths. The normative and descriptive Trolley Problems are closely related. The normative Trolley Problem begins with the assumption that authors' natural responses to these cases are generally, if not uniformly, correct. Thus, any attempt to solve the normative Trolley Problem begins with an attempt to solve the descriptive problem, to identify the features of actions that elicit their (...) moral approval or disapproval. The chapter explains an empirical research paper to provide an approximate descriptive solution to the Trolley Problem. More specifically, this research highlights the influence of two factors that exert a powerful influence when both are present. From a normative perspective, the personal force factor is notable because it is not one that the authors ordinarily regard as morally relevant. (shrink)

The allocation of scarce health care resources such as flu treatment or organs for transplant presents stark problems of distributive justice. Persad, Wertheimer, and Emanuel have recently proposed a novel system for such allocation. Their “complete lives system” incorporates several principles, including ones that prescribe saving the most lives, preserving the most life-years, and giving priority to persons between 15 and 40 years old. This paper argues that the system lacks adequate moral foundations. Persad and colleagues' defense of giving priority (...) to those between 15 and 40 leaves them open to the charge that they discriminate unfairly against children. Second, the paper contends that the complete lives system fails to provide meaningful practical guidance in central cases, since it contains no method for balancing its principles when they conflict. Finally, the paper proposes a new method for balancing principles of saving the most lives and maximizing life-years. (shrink)

One of the societal problems in a new influenza pandemic will be how to use the scarce medical resources that are available for prevention and treatment, and what medical, epidemiological and ethical justifications can be given for the choices that have to be made. Many things may become scarce: personal protective equipment, antiviral drugs, hospital beds, mechanical ventilation, vaccination, etc. In this paper I discuss two general ethical principles for priority setting (utility and equity) and explain how these principles will (...) often point in diverging directions. Moreover, each of these principles can be understood in different, again often competing, ways. Notwithstanding these controversies and conflicts, in the context of pandemic response there are at least some points of convergence: several policies can be justified by appeal to different ethical principles and theories. Convergence may be found with respect to a focus on saving the most lives (instead of other aggregative accounts); giving priority antiviral prophylaxis and therapy for life-saving pandemic responders; and, partly depending on epidemiology of the pandemic, to prioritise vaccination of children. Although decision-making about access to intensive care will involve choices with immediate tragic implications, the ethical complexity of these choices is relatively modest (although decisions will not be easy): there are persuasive moral reasons for giving priority to patients who are expected to benefit most within the shortest time. Finally, in the last section I tentatively argue that constraints on people’s freedom, as necessary for an effective public health approach, may support giving somewhat more weight to saving the most lives, than to concerns of equity. (shrink)

According to psychological research, people are more eager to help identified individuals than unidentified ones. This phenomenon significantly influences many important decisions, both individual and public, regarding, for example, vaccinations or the distribution of healthcare resources. This paper aims at presenting definitions of various levels of identifiability as well as a critical analysis of the main philosophical arguments regarding the normative significance of the identifiability effect, which refer to: (1) ex ante contractualism; (2) fair distribution of chances and risks; (3) (...) anti-aggregationist principles that recommend the distribution of bad effects and the concentration of good ones. I will show that these arguments, although connected with interesting philosophical problems regarding e.g. counterfactuals, aggregation, or probability, are unconvincing. (shrink)

Physicians have long aided their patients in dying in an effort to ease human suffering. It is only in the nineteenth and twentieth centuries that the prolongation of life has taken on new meaning due to the powers now available to physicians, through new drugs and high technology interventions. Whereas earlier physicians and patients could readily acknowledge that nothing further could be done, today that judgment is problematic.Most often, aiding the dying took the form of not doing anything further to (...) prolong life. Morally, this act of restraint was not difficult, because few options could have been considered. However, some physicians, rarely, would help patients die either by hastening death directly or by increasing pain control with the risk of hastening death, the so-called double effect. When directly hastening death, physicians either directly caused the death of the patient through euthansia, or supplied the means to the patient to bring about death with or without encouragement to use these means. The latter is physician-assisted suicide. (shrink)

Physicians have long aided their patients in dying in an effort to ease human suffering. It is only in the nineteenth and twentieth centuries that the prolongation of life has taken on new meaning due to the powers now available to physicians, through new drugs and high technology interventions. Whereas earlier physicians and patients could readily acknowledge that nothing further could be done, today that judgment is problematic.Most often, aiding the dying took the form of not doing anything further to (...) prolong life. Morally, this act of restraint was not difficult, because few options could have been considered. However, some physicians, rarely, would help patients die either by hastening death directly or by increasing pain control with the risk of hastening death, the so-called double effect. When directly hastening death, physicians either directly caused the death of the patient through euthansia, or supplied the means to the patient to bring about death with or without encouragement to use these means. The latter is physician-assisted suicide. (shrink)

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). This reform would bring (...) drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

Taurek cases focus a choice between two views of permissible action, Can Save One and Must Save Many . It is argued that Taurek cases do illustrate the rationale for Can Save One , but existing views do not highlight the fact that this is because they are examples of claims grounded on non-comparative justice. To act to save the many solely because they form a group is to discriminate against the one for an irrelevant reason. That is a canonical (...) form of non-comparative injustice. The error lies in taking a contingency of some presentations of some Taurek cases, namely, that they involve distribution, to introduce the claims of comparative as opposed to non-comparative justice. But cases of non-comparative justice can, contingently, also involve distribution. In order to settle which form of justice applies it is necessary to examine the nature of the distribution involved and the nature of “classes” to which individuals can be assigned. (shrink)

We are often faced with dilemmatic situations in which we must choose between alternative courses of action, both of which will have a bad outcome. It is commonly held that in such cases it is both uncontroversial and unproblematic that we have to choose the lesser evil. However, despite its frequent application in ethical decision-making, lesser evil reasoning is not well understood by most of its advocates and it thus occasions much misunderstanding and it presents a number of pitfalls. In (...) this paper I shall thus, first, analyse the concept of a lesser evil; second, offer a critical assessment of lesser evil reasoning; third, discuss the most common pitfalls writers tend to fall into; and finally, explore the application of lesser evil reasoning to choices under uncertainty. (shrink)

Sidgwick gives various tests for highest certainty. When he applies these tests to commonsense morality, he finds nothing of highest certainty. In contrast, when he applies these tests to his own axioms, he finds these axioms to have highest certainty. The axioms culminate in Benevolence: “Each one is morally bound to regard the good of any other individual as much as his own, except in so far as he judges it to be less, when impartially viewed, or less certainly knowable (...) or attainable by him.” The axioms face challenges from two sides.First, one test requires that a claim not be denied by someone of whom one has no more reason to suspect of error than oneself. For Sidgwick, then, the egoist must not deny the axioms. But it would seem that an egoist would reject benevolence. Second, Sidgwick thinks he must show that the commonsense moralist agrees to the axioms. Benevolence seems to say that the only reason for departing from being bound to treat others like oneself is that more good would be produced. But the commonsense moralist will not agree that this is the only reason. In reply to the threat of an egoist's disagreement, this essay argues that many of the axioms should be read as having as their antecedent “from the point of view of the universe.” The essay replies to the objection that this makes these axioms analytic. In reply to the threat of a commonsense moralist's disagreement, this essay argues that each axiom states, in effect, a prima facie duty. The argument against the commonsense moralist concerns not benevolence but whether there are further duties that pass the tests. The essay raises the worry that here Sidgwick is unfair since sometimes he criticizes all-things-considered versions of commonsense duties; such criticisms would count against benevolence as well. (shrink)

Many think that equality is an intrinsic value. However, this view, especially when based on a consequential foundation, faces familiar objections related to the claim that equality is sometimes good for none and bad for some: most notably the levelling down objection. This article explores a unique (consequential) conception of equality, as part of a more general conception of fairness concerning the resolution of interpersonal conflicts, which is not exposed to these objections.

In this paper, I criticize David McNaughton and Piers Rawling's formalization of the agent-relative/agent-neutral distinction. I argue that their formalization is unable to accommodate an important ethical distinction between two types of conditional obligations. I then suggest a way of revising their formalization so as to fix the problem.

There is, on a given moral view, an agent-centered restriction against performing acts of a certain type if that view prohibits agents from performing an instance of that act-type even to prevent two or more others from each performing a morally comparable instance of that act-type. The fact that commonsense morality includes many such agent-centered restrictions has been seen by several philosophers as a decisive objection against consequentialism. Despite this, I argue that agent-centered restrictions are more plausibly accommodated within a (...) consequentialist framework than within the more standard side-constraint framework. For I argue that when we combine agent-relative consequentialism with a Kantian theory of value, we arrive at a version of consequentialism, which I call 'Kantsequentialism', that has several advantages over the standard side-constraint approach to accommodating constraints. What’s more, I argue that Kantsequentialism doesn’t have any of the disadvantages that critics of consequentializing have presumed that such a theory must have. (shrink)

In the Trolley Case (Figure 1), as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley (i.e. tram) is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

Cost-effectiveness analysis suggests that a society should allocate its health care budget in order to achieve the greatest total health for its budget. However, in ‘rescue’ cases, where an individual’s life is in immediate peril, reasoning in terms of cost-effectiveness can appear inhumane. Hence considerations of cost-effectiveness and of rescue appear to be in tension. However, by attending to the division of labour in medical decision making it is possible to see how cost-effectiveness analysis and rescue-style reasoning are commonly combined (...) in an ethically acceptable fashion. (shrink)

Medical quarantines often threaten the civil rights of the persons whom they confine. This might happen in two ways. First, quarantines might inflict harsh conditions on their occupants; and, second, quarantines might be imposed in an arbitrary or indeed discriminatory manner. These concerns, moreover, are anything but fantastic. Infectious diseases, particularly in epidemic forms, commonly trigger retributive and discriminatory instincts, so that actual quarantines often impose inhumane, stigmatizing, or even penal treatment upon persons who are confined based on caprice or (...) even prejudice.But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. Even the staunchest civil libertarian must accept that one person's liberty may be restricted when this is necessary for preventing harm to another. (shrink)

Medical quarantines often threaten the civil rights of the persons whom they confine. This might happen in two ways. First, quarantines might inflict harsh conditions on their occupants; and, second, quarantines might be imposed in an arbitrary or indeed discriminatory manner. These concerns, moreover, are anything but fantastic. Infectious diseases, particularly in epidemic forms, commonly trigger retributive and discriminatory instincts, so that actual quarantines often impose inhumane, stigmatizing, or even penal treatment upon persons who are confined based on caprice or (...) even prejudice.But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. Even the staunchest civil libertarian must accept that one person's liberty may be restricted when this is necessary for preventing harm to another. (shrink)

An influential objection to the view that intentions are non-derivatively relevant to the moral permissibility of actions states that if intentions were relevant to permissibility in such a way, one would have to take them into account in decision making, which would be odd (in some morally relevant sense of ‘oddness’). The paper outlines and assesses three candidates for the oddness: that considering intentions in decision making is an unordinary practice, that it is impossible or conceptually confused, and that it (...) assigns intentions the weight as moral considerations that they intuitively do not have. The paper rejects the first two and shows that the third is probably what motivates most critics of the relevance of intentions who raise this objection. If this is correct, the objection is a non-starter as it assumes what it has to prove. Towards the end, it is argued that the objection does not serve as a plausible error theory either. (shrink)

In the third volume of On What Matters, Derek Parfit argued that the distinction between imposing a newly created threat on someone and making what threatens some people instead threaten someone else has no genuine moral significance. This article's central thesis is that although there is much to learn from Parfit's arguments, they are ultimately unsuccessful at establishing that the redirected versus newly created threats distinction is morally irrelevant. In particular, I show that my Causal Sequences Principle specifies this distinction (...) in such a way that it is immune to Parfit's objections against the Redirection Principle. It follows that any moral theory that can provide a sound rationale for the Causal Sequences Principle can solve the trolley problem. (shrink)

Last month, a fifty-eight-year old man developed bleeding into his cheek and oozing from sites where previously he had had blood samples drawn. This bleeding was caused by disseminated intravascular coagulation, a complication of colon cancer that had spread to his liver and lungs. This complication occurred even though he was on chemotherapy for the cancer. In the hospital, he received transfusions and was administered medicine to stop the bleeding. However, his condition did not improve. He developed more bruises. When (...) he tried to go to the bathroom without assistance, he fell, struck his head, requiring stitches, and developed a black, swollen eye. The patient, a successful businessman, had already overcome another type of cancer—lymphoma—through chemotherapy, twenty-five years ago. In a few days, this dynamic individual who expected to start experimental chemotherapy now saw his quality of life deteriorate steadily.We talked about more chemotherapy, about hospice, and about withholding attempts at resuscitation if his heart should stop. (shrink)

G. A. Cohen’s critique of standard liberal interpretations of the difference principle has been very influential. According to Cohen, justice is not realized simply because the state’s tax policies and other distributive tools maximize the position of the worst off. Rather – possibly in addition to, but not to the exclusion of, certain state policies – justice requires talented people to improve the position of the worst off through their actions in their daily lives. Specifically, it prohibits talented people from (...) insisting on inequality-causing incentives. To this extent, Cohen’s view of distributive justice is anti-statist. On standard liberal interpretations, human rights are such that, logically, they can be violated only by states, not private individuals. An individual who tortures someone commits a moral wrong but does not violate the victim’s human rights. For this reason, the crime is less problematic than it would have been had a police officer done it on behalf of the state. To this extent the standard liberal understanding of human rights is statist. This parallel between liberal understandings of distributive justice and human rights raises two questions: Is the statist understanding of human rights vulnerable to Cohenian criticisms parallel to those that he canvasses against the statist understanding of distributive justice? If so, should we welcome an anti-statist understanding of human rights, or should we see it as a problem with Cohen’s critique of a statist focus in distributive justice that it commits us to an implausible anti-statist view of human rights? (shrink)

Non-Consequentialist moral theories posit the existence of moral constraints: prohibitions on performing particular kinds of wrongful acts, regardless of the good those acts could produce. Many believe that such theories cannot give satisfactory verdicts about what we morally ought to do when there is some probability that we will violate a moral constraint. In this article, I defend Non-Consequentialist theories from this critique. Using a general choice-theoretic framework, I identify various types of Non-Consequentialism that have otherwise been conflated in the (...) debate. I then prove a number of formal possibility and impossibility results establishing which types of Non-Consequentialism can -- and which cannot -- give us adequate guidance through through a risky world. (shrink)

Experimental research in moral psychology can be used to generate debunking arguments in ethics. Specifically, research can indicate that we draw a moral distinction on the basis of a morally irrelevant difference. We develop this naturalistic approach by examining a recent debate between Joshua Greene and Selim Berker. We argue that Greene's research, if accurate, undermines attempts to reconcile opposing judgments about trolley cases, but that his attempt to debunk deontology fails. We then draw some general lessons about the possibility (...) of empirical debunking arguments in ethics. (shrink)

This paper argues against the view that trolley cases are of little or no relevance to the ethics of automated vehicles. Four arguments for this view are outlined and rejected: the Not Going to Happen Argument, the Moral Difference Argument, the Impossible Deliberation Argument and the Wrong Question Argument. In making clear where these arguments go wrong, a positive account is developed of how trolley cases can inform the ethics of automated vehicles.

Libertarians believe certain things about rights and responsibilities, about when one person is to be held responsible for invading the rights of another. Libertarians also believe certain things about consent, about when someone should be held to a contract he has entered into. What they don't realize is that the first set of beliefs doesn't mix well with the second set of beliefs—that their intuitions about rights and responsibilities quite simply don't square with their intuitions about consent. Or so I (...) shall be trying to show in this essay. (shrink)

It is impermissible to violate a constraint, even if by doing so a greater number of violations of the very same constraint were to be prevented. Most find this puzzling. But what makes the impermissibility of such minimizing violations puzzling? This article discusses some recent answers to this question. The article's first aim is to make clear in what way these answers differ. The second aim is to evaluate the answers, along with Kamm's and Nagel's proposed solutions of what they (...) see as the puzzle of constraints. The main thesis of the article is this: because defenders of constraints are not committed to any conception of valuable states of affairs, constraints do not conflict with maximizing rationality; but neither can they be accounted for in terms of impersonal values. (shrink)

Ethical theory often starts with our intuitions about particular cases and tries to uncover the principles that are implicit in them; work on the ‘trolley problem’ is a paradigmatic example of this approach. But ethicists are no longer the only ones chasing trolleys. In recent years, psychologists and neuroscientists have also turned to study our moral intuitions and what underlies them. The relation between these two inquiries, which investigate similar examples and intuitions, and sometimes produce parallel results, is puzzling. Does (...) it matter to ethics whether its armchair conclusions match the psychologists’ findings? I argue that reflection on this question exposes psychological presuppositions implicit in armchair ethical theorising. When these presuppositions are made explicit, it becomes clear that empirical evidence can (and should) play a positive role in ethical theorising. Unlike recent assaults on the armchair, the argument I develop is not driven by a naturalist agenda, or meant to cast doubt on the reliability of our moral intuitions; on the contrary, it is even compatible with non-naturalism, and takes the reliability of intuition as its premise. The argument is rather that if our moral intuitions are reliable, then psychological evidence should play a surprisingly significant role in the justification of moral principles. (shrink)

Consider the Strong Beneficence Principle (SBP): Persons of affluent means ought to give to those who might fail basic human subsistence until the point at which they must give up something of comparable moral importance. This principle has been the subject of much recent discussion. In this paper, I argue that no coherent interpretation of SBP can be found. SBP faces an interpretive trilemma, each horn of which should be unacceptable to fans of SBP; SBP is either (a) so strong (...) as to be patently absurd; (b) implausible given its acceptance of a form of numbers skepticism; (c) drained of all its demanding force. In the conclusion, I show how the problems with SBP generalize to all similarly demanding principles of beneficence. (shrink)

This thesis is about the moral reasons we have to do less than best. It consists of six chapters. Part I of the thesis proposes, extends, and defends reasons to do less than best. In Chapter One (“The Conditional Obligation”) I outline and reject two recent arguments from Joe Horton and Theron Pummer for the claim that we have a conditional obligation to bring about the most good. In Chapter Two (“Agglomeration and Agent-Relative Costs”) I argue that agent-relative costs can (...) justify permissions to less than best in a far greater range of decisions contexts than we currently believe. In Chapter Three (“Risk and Aggregation”) I discuss how anti-aggregative moral theories deal with risk, whilst proposing an argument in favour of ex-post moral theories. -/- In Part II of the thesis, I discuss longtermism, presenting a series of reasons to believe we have both significant permissions and obligations to prioritise those in the short-term. In Chapter Four (“Listening to Future People”) I criticise a recent argument presented by Andreas Mogensen for the claim we cannot have obligations grounded in the wellbeing of future people. I then show that, even permitting the existence of obligations to future people, we still have significant reasons to resist longtermism on the grounds of partiality. In Chapter Five (“The Complaints of Future People”) I argue that scepticism about aggregation is inconsistent with an obligation, or indeed even a permission, to help far future people. In Chapter Six (“Leaving the Present Behind”) I explore the moral significance of “dooming”, whilst arguing that we have a pro tanto reason of fairness to prioritise aiding those currently in existence. (shrink)

First, what constitutes a person's death? It is clear enough that people die when their lives end, but less clear what constitutes the ending of a person's life.

Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory in Michael (...) Walzer's work to the revisionist critique of Walzer and the subsequent revival of traditionalism. I discuss central questions of methodology, as well as consider the morality of resorting to war and the morality of conduct in war. I show that although the revisionists exposed philosophical shortcomings in Walzer's arguments, their radical conclusions should prompt us not to reject the broad contemporary consensus, but instead to seek better arguments to underpin it. (shrink)