This paper argues that several leading theories of subjunctive conditionals are incompatible with ordinary intuitions about what credences we ought to have in subjunctive conditionals. In short, our theory of subjunctives should intuitively display semantic humility, i.e. our semantic theory should deliver the truth conditions of sentences without pronouncing on whether those conditions actually obtain. In addition to describing intuitions about subjunctive conditionals, I argue that we can derive these ordinary intuitions from justified premises, and I answer a possible worry (...) for my derivation by refuting a subjunctive triviality result modeled on (Lewis 1976). I conclude that the debate over the correct theory of subjunctive conditionals requires settling meta-philosophical questions about the relative value of various virtues of first-order theories of subjunctive conditionals. (shrink)

Moral theories which, like those of Plato, Aristotle and Aquinas, give a central place to the virtues, tend to assume that as traits of character the virtues are mutually compatible so that it is possible for one and the same person to possess them all. This assumption—let us call it the compatibility thesis—does not deny the existence of painful moral dilemmas: it allows that the virtues may conflict in particular situations when considerations associated with different virtues favour incompatible courses of (...) action, but holds that these conflicts occur only at the level of individual actions. Thus while it may not always be possible to do both what would be just and what would be kind or to act both loyally and honestly, it is possible to be both a kind and a just person and to have both the virtue of loyalty and the virtue of honesty. (shrink)

The claim that (OIC) “ought” implies “can” (i.e., you have an obligation only at times at which you can obey it) entails that (1) obligations that become infeasible are lost (i.e., you stop having an obligation when you become unable to obey it). Moreover, the claim that (2) obligations that become overridden are not always lost (i.e., sometimes you keep having an obligation when you acquire a stronger incompatible obligation) entails that (ONIM) “ought” does not imply “must” (i.e., some obligations (...) are not all-things-considered). It is standard to infer ONIM—via (2)—from the premise that becoming overridden can result in “moral residue” (e.g., in the appropriateness of feeling regret). But then, I note, one could similarly infer not-OIC—via not-(1)—from the premise that becoming infeasible can result in moral residue. So there is an argument against OIC which parallels the standard argument for ONIM. I respond by rejecting both arguments: it is a mistake to always infer from the presence of moral residue that an obligation is not lost. Then I propose new arguments both for ONIM and for OIC. (shrink)

There is an obvious affinity between virtue ethics and particularism. Both stress the complexify of the moral life, the inadequacy of rule-following as a guide to moral deliberation, and the importance of judgement in discerning the morally relevant features of particular situations. Yet it remains an open question how deep the affinity goes. I argue that the radical form of particularism defended by Jonathan Dancy has surprisingly strong implications for virtue ethics. Adopting such a view would require the virtue theorist (...) either to adopt an unattractive model of moral motivation or to embrace a fairly strong version of the unity of the virtues. (shrink)

Although common sense and literature support the possibility of moral dilemmas, many traditional and contemporary philosophers deny this possibility because of several arguments. Probably the strongest argument against the possibility of moral dilemmas can be called the argument from ought and ought not. Various versions of this argument have been presented by McConnell, Hare, and Conee. Its basic form can be outlined as follows.If any agent is in any moral dilemma, then that agent ought to adopt each of two alternatives (...) but cannot adopt both.If any agent ought to adopt any alternative, but that agent cannot adopt that alternative together with another alternative, then that agent ought not not to adopt that other alternative.Therefore, if any agent is in any moral dilemma, then that agent both ought and ought not to adopt each alternative.It is not possible that any agent both ought and ought not to adopt any alternative.Therefore, it is not possible for any agent to be in any moral dilemma. (shrink)

I address a question in moral metaphysics: How are conflicts between moral obligations possible? I begin by explaining why we cannot give a satisfactory answer to this question simply by positing that such conflicts are conflicts between rules, principles, or reasons. I then develop and defend the “Dispositional Account,” which posits that conflicts between moral obligations are conflicts between the manifestations of obligating dispositions (obligating powers, capacities, etc.), just as conflicts between physical forces are conflicts between the manifestations of (certain) (...) causal dispositions (causal powers, capacities, etc.). This account combines the so-called “moral forces” interpretation of prima facie obligations with a dispositional moral metaphysic according to which the metaphysical grounds of moral obligations are not rules or laws, but rather real, irreducibly dispositional properties (or powers) of moral agents and patients. My principal aims are to offer a theoretically attractive and suitably metaphysical account of conflicts of obligation, and to show that the dispositional moral metaphysic that grounds the Dispositional Account can explain and accommodate plausible normative views that rule- and law-based alternatives cannot, as well as to answer objections that have been pressed against other accounts of moral conflict (especially Ross’s) that appeal to moral dispositions or forces. (shrink)

What place, if any, moral principles should or do have in moral life has been a longstanding question for moral philosophy. For some, the proposition that moral philosophy should strive to articulate moral principles has been an article of faith. At least since Aristotle, however, there has been a rich counter-tradition that questions the possibility or value of trying to capture morality in principled terms. In recent years, philosophers who question principled approaches to morality have argued under the banner of (...) moral particularism. Particularists can be found in diverse areas of philosophical inquiry, and their positions and arguments are of broad interest.1 Despite its importance, a proper evaluation of particularism has been hindered both by the diversity of arguments employed to defend it, and, perhaps more significantly, by the diversity of positions that can fairly claim to be particularist. Our aim is first to explicate particularism by identifying a unified range of particularist theses and explaining both what unites them as versions of particularism as well as what distinguishes them from each other. We then articulate and evaluate the main arguments for particularism and explain how each is especially well-suited to supporting some conceptions of particularism rather than others. We tentatively conclude that the positive arguments for particularism are not convincing. They do, however, reveal particularism to be a surprisingly resilient position, one that is not readily refuted.. (shrink)

The use of organs obtained from executed prisoners in China has recently been condemned by every major transplant organization. The government of the People's Republic of China has also recently made it illegal to provide transplant organs from executed prisoners to foreigners transplant tourists. Nevertheless, the extreme shortage of transplant organs in the U.S. continues to make organ transplantation in China an appealing option for some patients with end-stage disease. Their choice of traveling to China for an organ leaves U.S. (...) transplant programs with decisions about how to respond to the needs of patients who return after transplantation. By discussing two cases that raised this dilemma, we argue for upholding medicine's commitments to traditional principles of beneficence and nonjudgmental regard in sorting out the policies that a transplant program should adopt. We also explain how position statements that aim for the high ground of moral purity fail to give appropriate weight to the needs and suffering of present and future patients in the U.S. and in China. (shrink)

Policies for the allocation of COVID-19 vaccine were implemented in early 2021 as soon as vaccine became available. Those responsible for the planning and execution of COVID-19 vaccination had to make choices about who received vaccination first while numerous authors offered their own recommendations. This paper provides an account of how such decisions should be made by focusing on the specifics of the situation at hand. In that light, I offer an argument for prioritising those who are likely vectors of (...) the disease and a criticism of the victim-focused priority proposals put forward by the US Centers for Disease Control and Prevention, the National Academies of Sciences, Engineering, and Medicine, the UK National Health Service, and others. I also offer thoughts on how those authors may have gone astray. (shrink)

Hili Razinsky, free downlad at link. ABSTRACT: Emotional perceptions are objectivist (objectivity-directed or cognitive) and conscious, both attributes suggesting they cannot be ambivalent. Yet perceptions, including emotional perceptions of value, allow for strictly objectivist ambivalence in which a person unitarily perceives the object in mutually undermining ways. Emotional perceptions became an explicandum of emotion for philosophers who are sensitive to the unique conscious character of emotion, impressed by the objectivist character of perceptions, and believe that the perceptual account solves a (...) worry about the possibility of a conflict between an emotion and a judgement. Back into the 1980s Greenspan has argued that emotional ambivalence is possible, her reasons implying that objectivist accounts of emotion are inconsistent with ambivalence. Tappolet has more recently replied that perceptual accounts allow for emotional ambivalence since the opposed values seen in ambivalence are good or bad in different senses. The present paper identifies strict objectivist ambivalence between judgements and between emotional perceptions by contrasting them with such ambivalence of separate values such as evoked by Tappolet. (shrink)

In this paper we point out some interesting structural similarities between vagueness and moral dilemmas as well as between some of the proposed solutions to both problems. Moral dilemma involves a situation with opposed obligations that cannot all be satisfied. Transvaluationism as an approach to vagueness makes three claims concerning the nature of vagueness: (1) it involves incompatibility between mutually unsatisfiable requirements, (2) the underlying requirements retain their normative power even when they happen to be overruled, and (3) this incompatibility (...) turns out to be rather benign in practice. Given that transvaluationism is inspired by moral dilemmas, these claims are assessed in respect to them. Transvaluationism provides a smooth account of the mentioned claims concerning vagueness. Following a brief discussion of Sorensen’s views on moral dilemmas and conflict vagueness, we offer a model of moral pluralism accommodating structurally similar claims about the nature of moral conflict and moral dilemmas. (shrink)

What does it mean to be irresponsible in developing or using a technology? There are two fundamentally different answers to this question and they each generate research strands that differ in scope, style and applicability. To capture this difference, I make use of two mythical creatures of Jewish origin that have been employed in the past to represent relationships between man and man-made entities: the Golem (Collins and Pinch, 2002, 2005 ) and the Leviathan (Hobbes, 1994 ). The Golem is (...) the traditional image of technology as a creature that can be helpful but needs to be controlled. Irresponsibility in this perspective is the failure to exercise control. The Leviathan is the image of technology as a difficult compromise between fundamental values. Irresponsibility is in this perspective is allowing some values to systematically dominate others. Having worked out the basics of these images, I show that each comes with its specific methodological challenges: where the Golem gives rise to the Collingridge Dilemma of control, the Leviathan gives rise to Münchhausen’s trilemma of justification. Since the Golem image is predominant in scholarship on irresponsibility, I conclude with an appeal for a more equal distribution of efforts in conceptualizing technologies as Golems and as Leviathans. (shrink)

Traditional procedures for rational updating fail when it comes to self-locating opinions, such as your credences about where you are and what time it is. This paper develops an updating procedure for rational agents with self-locating beliefs. In short, I argue that rational updating can be factored into two steps. The first step uses information you recall from your previous self to form a hypothetical credence distribution, and the second step changes this hypothetical distribution to reflect information you have genuinely (...) learned as time has passed. While the second step resembles traditional procedures of updating by conditionalization, the first is best understood by analogy to traditional models of how agents transmit self-locating opinions through ordinary interpersonal communication. (shrink)

Promoting honesty is considered a key endeavor in the betterment of our societies. However, our understanding of this phenomenon, and of its evil twin, dishonesty, is still lacking. In this text, we analyze the main tenets assumed by empirical models of vigilance and sanctions. We approach our analysis in three sections. Initially, we investigate the concept of honesty as assumed by commonly used methodologies in studying honesty. This then leads us to identify the previously overlooked but essential element of epistemic (...) privilege in characterizing honesty. In the third part, we delve into how current explanatory models of honesty lack sufficient consideration of epistemic privilege, resulting in incomplete narratives about honesty. Our analysis of the extant literature suggests that both internal (including the self-concept maintenance theory) and external vigilance models fall short of explaining honesty and dishonesty because of both conceptual problems and empirical inadequacy. Identifying these shortcomings allows us to suggest some possible directions of research. (shrink)

I distinguish two different arguments against cognitivism in Bernard Williams’ writings on moral dilemmas. The first turns on there being a truth of the matter about what we ought to do in moral a dilemma. That argument can be met by appealing to our epistemic shortcomings and to pro tanto obligations. However, those responses make no headway with the second argument which concerns the rationality of the moral regret that we feel in dilemma situations. I show how the rationality of (...) moral regret can be explained on an ‘independent desire’ model. And I show how Williams’ second argument only appears to have force because of a certain faulty way of conceiving of the issue over cognitivism. But Williams’ argument rightly alerts us to the rational role of desire in our moral thought. (shrink)

One of the popular albeit controversial ideas in the last century of moral philosophy is that what we ought to do is explained by our reasons. And one of the central features of reasons that accounts for their popularity among normative theorists is that they can conflict. But I argue that the fact that reasons conflict actually also poses two closely related problems for this popular idea in moral philosophy. The first problem is a generalization of a problem in deontic (...) logic concerning the existence of conflicting obligations. The second problem arises from a tension between the fact that reasons can conflict and a model of how reasons explain ‘ought’s that has been widely accepted. Having presented each of these problems, I develop a unified solution to them that is informed by results in both ethics and deontic logic. An important implication of this solution is that we must distinguish between derivative and nonderivative reasons and revise our conception how it is that reasons explain ‘ought’s. (shrink)

The paper proposes a revised logic of rights in order to accommodate moral conflict. There are often said to be two rival philosophical accounts of rights with respect to moral conflict. Specificationists about rights insist that rights cannot conflict, since they reflect overall deontic conclusions. Generalists instead argue that rights reflect pro tanto constraints on behaviour. After offering an overview of the debate between generalists and specificationists with respect to rights, I outline the challenge of developing a logic of rights-reasoning (...) that is compatible with generalism. I then proceed to offer a new logical framework, which utilizes a simple non-monotonic logic of practical reasoning. Both generalist and specificationist interpretations of the logic are explored. The revised logic shows that traditional characterizations of the debate between specificationists and generalists obscure other relevant philosophical positions. (shrink)

Recently many have argued that agents must sometimes have credences that are imprecise, represented by a set of probability measures. But opponents claim that fans of imprecise credences cannot provide a decision theory that protects agents who follow it from foregoing sure money. In particular, agents with imprecise credences appear doomed to act irrationally in diachronic cases, where they are called to make decisions at earlier and later times. I respond to this claim on behalf of imprecise credence fans. Once (...) we appreciate the complexity of our intuitions about rational decision making, we can see that diachronic cases are in fact evidence for the essential claims motivating imprecise credence models. I argue that our decision theory for imprecise agents should mirror our decision theory for agents in moral dilemmas, and I develop permissive norms that explain our intuitions about both sorts of agents. (shrink)

This paper explores the central question of why soldiers in democratic societies might decide to fight in wars that they may have reason to believe are objectively or questionably unjust. First, I provide a framework for understanding the dilemma caused by an unjust war and a soldier's competing moral obligations; namely, the obligations to self and state. Next, I address a few traditional key thoughts concerning soldiers and jus ad bellum. This is followed by an exploration of the unique and (...) contradicting moral problems that confront modern soldiers and their officers. I argue that although traditional positions such as invincible ignorance provide a rather dangerous ‘head-in-the-sand’ mentality, soldiers serving a democratic government are nonetheless very limited in their legal and moral ability to interpret what is a justifiable war. However, a very few select senior officers are in positions to make such legal and moral decisions concerning jus ad bellum. (shrink)

This paper examines what managers ought to do when confronted with apparent moral conflicts between their managerial responsibilities and the general requirements of morality, specifically when those conflicts are driven by the institutional environment. I examine Google’s decision to enter the Chinese search engine market as an example of such a conflict. I consider the view that Google’s managers engaged in justifiable moral compromise in making the choice to engage in self-censorship and show how this view depends on the idea (...) of genuine moral dilemmas or irresolvable moral conflicts. I argue that there are serious reasons to doubt the existence of genuine moral dilemmas both in the abstract, as well as in the context of managerial responsibility. I propose an alternative account for what Google’s managers ought to do, as well as others who face relevantly similar situations. The account contains two conditions for permissibly contributing to another party’s failure to live up to their moral responsibilities. The first condition is that the manager must intend and act in such a way as to minimize the firm’s complicity in the other entity or actor’s failure, which in most cases will imply a duty for the manager to take actions that aim towards changing the institutional context. Under the second condition, managers ought to communicate to the firm’s constituents that they take seriously the importance of the interests at stake. (shrink)

Conceptual limitations restrict our epistemic options. One cannot believe, disbelieve, or doubt what one cannot grasp. I show how, even granting an epistemic ought-implies-can principle, such restrictions might lead to epistemic dilemmas: situations where each of one’s options violates some epistemic requirement. An alternative reaction would be to take epistemic norms to be sensitive to one’s options in ways that ensure dilemmas never arise. I propose, on behalf of the dilemmist, that we treat puzzlement as a kind of epistemic residue, (...) roughly analogous with guilt, appropriate only when one has violated an epistemic requirement. Sometimes, in bumping up against the limits of one’s concepts, it is appropriate to be puzzled no matter what one believes. Puzzlement can thus play the same role in an epistemic dilemmist’s theory that guilt plays in the theories of many moral dilemmists. (shrink)

What place, if any, moral principles should or do have in moral life has been a longstanding question f or moral philosophy. For some, the proposition that moral philosophy should strive to articulate moral principles has been an article of faith. At least since Aristotle, however, there has been a rieh counter-tradition that questions the possibility or value of trying to capture morality in principled terms. In recent years, philosophers who question principled approaches to morality have argued under the banner (...) of moral particularism. Particularists can be found in diverse areas of philosophical inquiry, and their positions and arguments are of broad interest. Despite its importance, a proper evaluation of particularism has been hindered both by the diversity of arguments employed to defend it, and, perhaps more significantly, by the diversity of positions that can fairly claim to be particularist. (shrink)

I argue that Schopenhauer’s views on the foundations of morality challenge the widely-held belief that moral realism requires cognitivism about moral judgments. Schopenhauer’s core metaethical view consists of two claims: that moral worth is attributed to actions based in compassion, and that compassion, in contrast to egoism, arises from deep metaphysical insight into the non-distinctness of beings. These claims, I argue, are sufficient for moral realism, but are compatible with either cognitivism or non-cognitivism. While Schopenhauer’s views of moral judgment are (...) not obviously consistent, I show how various passages suggest a form of non-cognitivism. This non-cognitivism, I claim, is compatible with moral realism. (shrink)

It is sometimes argued that having inconsistent desires is irrational or otherwise bad for an agent. If so, if agents seem to want a and not-a, then either their attitudes are being misdescribed – what they really want is some aspect x of a and some aspect y of not-a – or those desires are somehow 'inconsistent' and thus inappropriate. I argue first that the proper characterization of inconsistency here does not involve logical form, that is, whether the desires involved (...) have the form 'a and not-a', but rather the possibility of fulfilling all one's desires; and secondly, that the 'essential' conflicts involved in such inconsistencies are quite common and no worse for an agent than contingent conflicts. I draw implications concerning moral epistemology, moral realism and the logic of attitudes. (shrink)

Ruth Marcus has offered an account of moral dilemmas in which the presence of dilemmas acts as a motivating force, pushing us to try to minimize predicaments of moral conflict. In this paper, I defend a Marcus-style account of dilemmas against two objections: first, that if dilemmas are real, we are forced to blame those who have done their best, and second, that in some cases, even a stripped down version of blame seems inappropriate. My account highlights the importance of (...) collective responsibility in understanding dilemmas, and I suggest that it sheds light on understanding moral progress. (shrink)

Is there anything irrational, or self-undermining, about having "inconsistent" attitudes of caring or valuing? In this paper, I argue that, contra suggestions of Harry Frankfurt and Charles Taylor, the answer is "No." Here I focus on "valuations," which are endorsed desires or attitudes. The proper characterization of what I call "valuational inconsistency" I claim, involves not logical form (valuing A and not-A), but rather the co-possibility of what is valued; valuations are inconsistent when there is no possible world in which (...) what is valued can co-exist. Essentially conflicting valuations, I show, are no worse for an agent than contingently conflicting ones, which are common and no threat to rationality or well-being. Partly based on reflections about a conflicted mother, who values staying at home and also having a career, I argue that valuational inconsistency does not render a person unable to act, does not make a person's actions ineffective because of vacillation, does not undermine a person's autonomy, and need not make a person dissatisfied with himself. I defend my characterization of inconsistency as an apt one; I offer some reasons to value inconsistency itself; and I draw out some implications for coherence thinking in moral philosophy. (shrink)

Artykuł omawia zjawisko dylematów moralnych z perspektywy teistycznej. Teiści przyjmują często, że (1) opatrznościowy Bóg nigdy nie postawiłby stworzonej przez siebie istoty przed taką sytuacją wyboru, w której owa istota nie jest w stanie uniknąć czynu niesłusznego, bądź że (2)jeśli istota staje przed taką sytuacją wyboru, to jest to wynikiem pewnego niesłusznego działania, którego dokonałajuż wcześniej. Wielu komentatorów przypisuje tę drugą opcję Tomaszowi z Akwinu. Autor argumentuje, że taka interpretacjajest błędna, przytaczając między innymi przeprowadzoną przez Akwinatę analizę ślubowania Jeftego opisanego (...) w Księdze Sędziów. Natomiast w odniesieniu do pierwszej opcji artykuł zamykają uwagi dotyczące sposobu opracowania normatywnej teorii etycznej o charakterze teistycznym, która uznaje istnienie dylematów moralnych. Teiści zainteresowani taką teorią powinni poważnie rozważyć odrzucenie założenia, że powinność implikuje możliwość. (shrink)

On what I will call the standard view, the distinction between the moral and the epistemic realms is both psychologically and conceptually prior to the distinction between any two given virtues. This widespread view supports the claim that there are moral and intellectual (or epistemic) virtues. Call this the fundamental distinction. In this paper, I raise some questions for both the standard view and the fundamental distinction, and I propose an alternative view on which virtues regain priority over the moral/epistemic (...) divide. I suggest understanding them as normatively complex, distinctive sensitivities to both theoretical and practical reasons. (shrink)

In this paper I argue that a phenomenological account of moral sense-bestowal can provide valuable insight into the possibility of moral dilemmas. I propose an account of moral sense-bestowal that is grounded in the phenomenology of expression that Maurice Merleau-Ponty developed throughout the course of his philosophical work, and most explicitly in the period immediately following the publication of Phenomenology of Perception. Based on this Merleau-Pontian account of moral sense-bestowal, I defend the view that there are genuine moral dilemmas, i.e., (...) that we can be faced with situations of conflicting oughts that we cannot resolve without moral remainder. (shrink)

The concept of moralisation of health behaviours was introduced in social psychology to describe the attribution of moral properties to habits and conditions like smoking or being a vegetarian. Moral properties are powerful motivators for people and institutions, as they may trigger blame, stigma, and appraisal, as well as the polarisation of interest and scientific hype. Here I extend the concept and illustrate how medicines and treatments can be seen as if they had moral properties, too, when they come to (...) be regarded as good or bad in the moral sense, and not just in the instrumental sense of benefiting or harming health. I propose the hydroxychloroquine (HCQ) controversy of 2020 as an example of moralisation of a medicine. HCQ and chloroquine are anti-malarial drugs, whose off-label use for Covid-19 was hotly discussed in the early months of the pandemic, both in the media and within the scientific community, and eventually dismissed when robust evidence came out. The point of the paper is to show that moralisation of health products and treatments may influence individual and institutional decisions in significant ways, and also affect research. For these reasons, it should be carefully monitored and critically assessed. (shrink)

The essay has two purposes. One is to point out connections and parallels between, On one hand, The debates of metaphysical realists and anti-Realists, And on the other hand, The debates surrounding moral realism. The second is to provide the outlines of a case for a kind of position that would generally be classified as moral realism. One feature of this position is that it emerges as parallel to, And compatible with, A metaphysical position that would generally be classified as (...) anti-Realism. (shrink)

This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral rights (...) can occur even when no one has acted wrongfully in any fashion. In so doing, it will effectively be maintaining that strict liability (i.e., liability irrespective of the presence or absence of culpability) exists in morality as well as in law. When we take account of the distinction between exoneration and extenuation, we can see that scrupulously thorough precautions are never sufficient to constitute an excuse in morality. Having made that point with some extended examples, the article goes on to consider a number of possible objections - objections that lead into discussions of some basic distinctions within moral philosophy and some central principles within deontic logic. (shrink)

During the past few decades, Michael Moore has written incisively on an array of matters concerning the relationships between law and morality. While reflecting on those relationships, he has plumbed the nature of morality itself in impressive depth. Among the topics which he has addressed, the problem of torture has been prominent and controversial. It is a problem, moreover, that has led to some of his most searching enquiries into the character of moral obligations. In the present essay I take (...) issue not only with many of Moore's conclusions about torture, but also with some of his more far‐reaching claims about the domain of morality. (shrink)

Departing from hypothetical dilemmas and drawing on examples from law, this paper offers a pragmatist account of normative induction that characterizes moral particularism and generalism as stages of inquiry into ethical problems, rather than rival accounts of moral knowledge and motivation. Pragmatism’s response to analytical moral theory lies in understanding the transformative nature of John Dewey’s social continuum of inquiry. The continuum is unrecognized in the analysis of hypothetical dilemmas, like the trolley problem, but can clearly be seen in studies (...) of law. Real moral dilemmas represent actual conflicts, of which the dimensions emerge through experience and the solution cannot be addressed through the analysis of cleverly balanced moral puzzles. Repeated over time, real problems drive the consensual formation and revision of social practices and the predication of general moral rules and principles. Ethical particularism holds that the evaluative cannot be “cashed out” propositionally, and that it is descriptively “shapeless.” It fails to recognize that real moral problems occur in a continuum, and at first encounter a shapeless particularist context of seemingly unlimited non-moral properties. Normativity is driven by repetition of similar situations toward shared practices and descriptive predication. Rather than a Dancian retention of epistemic status by defeated reasons, this illustrates retirement of relevant properties and accompanying reasons, transformation of the reasons environment, and a pluralist normative ontology. (shrink)

The continuing debate between utilitarians and deontologists often takes the form of disagreement over how particular moral dilemmas are to be resolved, but protagonists on both sides tend to overlook the possibility of resolving a dilemma “with remainder”, such as regret. The importance of “remainder” is also overlooked by critics of some “absolutist” ways of resolving or slipping between the horns of certain moral dilemmas. Moreover, deontologists, if not utilitarians, can be criticised for overlooking the possibility that, according to their (...) theory, some dilemmas may be irresolvable. Virtue ethics, with its concentration on the agent, readily accommodates both mention of “remainder” and irresolvable dilemmas, and yields a specification of “tragic” dilemmas which the other two theories might like to take on. (shrink)

Let us say that a normative conflict is a situation in which an agent ought to perform an action A, and also ought to perform an action B, but in which it is impossible for the agent to perform both A and B. Not all normative conflicts are moral conflicts, of course. It may be that the agent ought to perform the action A for reasons of personal generosity, but ought to perform the action B for reasons of prudence: perhaps (...) A involves buying a lavish gift for a friend, while B involves depositing a certain amount of money in the bank. In general, our practical deliberation is shaped by a concern with a variety of morally neutral goods—not just generosity and prudence, but any number of others, such as etiquette, aesthetics, fun—many of which are capable of providing conflicting reasons for action. I mention these ancillary values in the present setting, however, only to put them aside. We will be concerned here, not with normative conflicts more generally, but precisely with moral conflicts—situations in which, even when our attention is restricted entirely to moral reasons for action, it is nevertheless true that an agent ought to do A and ought to do B, where it is impossible to do both. (shrink)

On the face of it, normative conflicts are commonplace. Yet standard deontic logic declares them to be logically impossible. That prompts the question, What are the proper principles of normative reasoning if such conflicts are possible? This paper examines several alternatives that have been proposed for a logic of 'ought' that can accommodate normative conflicts, and finds all of them unsatisfactory as measured against three criteria of adequacy. It then introduces a new logic that does meet all three criteria, and (...) so allows for the possibility of genuine normative conflicts. (shrink)

I summarize a conception of morality as containing a set of rules which hold ceteris paribus and which impose pro-tanto obligations. I explain two ways in which moral rules are ceteris-paribus, according to whether an exception is duty-voiding or duty-overriding. I defend the claim that moral rules are ceteris-paribus against two qualms suggested by Luke Robinson’s discussion of moral rules and against the worry that such rules are uninformative. I show that Robinson’s argument that moral rules cannot ground pro-tanto obligations (...) is unsound, because it confuses an absolute reason for an obligation with a reason for an absolute obligation, and because it overlooks the possibility that priority rules may be rules for ordering pro-tanto obligations rather than rules for eliminating contenders for the status of absolute obligation. (shrink)

Many legal theorists see legal judgment as a largely professional or technical task. This is not how law sees itself. When looked at from the perspective of the engaged judge, law requires from us that we arrive at a certain internal governance of our thoughts and emotions. Legal scholarship and legal procedure tell us that law creates true reasons that override other, personal, reasons, even those of the utmost importance to us. A philosophical understanding of law requires a distinct argument (...) that explains how such overriding reasons can be associated with the law and how there can be a personal duty to adapt our reasoning when we make authoritative legal judgments in order to change the lives of others. The philosophy of law needs to explain how legal judgment can be a form of self-mastery. (shrink)

This paper argues that ‘dirty hands’ (DH) scenarios, where an agent is forced to do wrong in order to do right, are conceptually coherent. The charge of incoherence is a widespread and common criticism made by deontologists and consequentialists alike. They argue that DH theorists erroneously assume the existence of real moral dilemmas and then compound this error by claiming that it is possible to engage in justified moral wrongdoing. However, such critics argue that there are only _prima facie_ moral (...) dilemmas and hence it is not only irrational and obtuse to argue for DH scenarios, but also undermines our search for sound moral judgments in very difficult situations. Given the gravity of these charges, surprisingly little has been written in defence of DH as a coherent and necessary part of our moral vocabulary. If there can be no successful defence of the possibility of DH, then all talk of such scenarios become futile. This paper responds to two influential and what initially appear to be strongly plausible arguments used by critics of DH. I call these the ‘Arguments from Deontic Logic’ and the ‘All-Things-Considered Argument’. I present three responses which seek to raise serious doubts about their efficacy. I then support the possibility of DH by exploring what we can learn about our moral reality from the moral emotion of ‘tragic remorse’. This approach endorses the role of emotions in determining moral knowledge. It also rejects the view that ethical theories ought to dismiss DH experiences as incoherent in favour of questionable theoretical a priori assumptions, which seek a reductionist account of our moral reality. (shrink)

Traditional arguments for moral error theory are based on identifying a problem with the metaphysics of moral properties. I provide a new argument that is based on the inconsistency of first‐order moral judgments. I illustrate this using impossibility results in population axiology.