1. Introduction This essay deals with the hard topic of the permissible killing of the innocent. The relevance of this topic to the morality of war is obvious. For even the most defensive and just wars, i.e., the most defensive and just responses to existing or imminent large-scale aggression, will inflict harm upon – in particular, cause the deaths of – innocent bystanders. 1 The most obvious and relevant example is that of innocent Soviet noncombatants who would be killed by (...) even the most precise defensive strike against Soviet strategic weapons or troop formations that is now possible. Should there be no vindication or, at least, no excuse for some killings of such innocent bystanders, morality would dictate that even defensive counterforce measures against largescale attacks should be renounced. (shrink)

The concept of co‐ordination problems helps solve the problem of authority and obligation in legal theory, but only if the concept is carefully distinguished from the game‐theoretical concept of co‐ordination problems and their solutions. After explaining the game‐theoretical concept, the author defends its application to legal theory by reviewing the exchange he has had with Joseph Raz about the authority of law. Extending that debate, he argues that criticisms from Raz and others miss the point of the co‐ordination thesis; its (...) primary benefit is that it illuminates the source of law's moral authority in the way law enables individuals to co‐ordinate their actions for the common good without imposing a national common enterprise upon them. (shrink)

This paper seeks to identify a mid-level unifying ethical principle that may help clarify and articulate the ethical responsibilities of business firms in the field of marketing ethics. The paper examines critically the main principles which have been proposed to date in the literature, namely consumer sovereignty, preserving the conditions of an acceptable exchange, paternalism, and the perfect competition ideal, and concludes that all of them are vulnerable to damaging criticisms. The paper articulates and defends the mutuality principle as the (...) most plausible candidate for the role of master principle in the relations between a firm and its customers. This principle requires that sellers look for reciprocity in their relations with their customers, seeking to provide to their customers something that helps them improve in some way their well-being and is commensurate with what they receive from them. (shrink)

I here discuss an argument frequently dismissed as a fallacy – the slippery slope or camel's nose. The argument has three forms – analogical, argumentative, and prudential. None of these provides a deductive guarantee, but all can provide considerations capable of influencing the intellect. Our evaluation of such arguments reflects our background social and evaluative assumptions.

According to G. E. Moore, moral expertise requires abilities of several kinds: the ability to factor judgments of right and wrong into (a) judgments of good and bad and (b) judgments of cause and effect, (2) the ability to use intuition to make the requisite judgments of good and bad, and (3) the ability to use empirical investigation to make the requisite judgments of cause and effect. Moore’s conception of moral expertise is thus extremely demanding, but he supplements it with (...) some very simple practical guidance. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

The goal of this thesis is to create a distinctively Aristotelian-Thomistic ethical schema. I shall do this in four stages. First, in chapter one, I am going to present a summary of Aristotelian metaphysics. I will present a slightly Thomistic take on Aristotelian metaphysics specifically when it comes to the distinction between accidental and substantial form. However, I will present a more classically Aristotelian account when it comes to the source of teleology. Along the way I will explore whether science (...) can disprove any aspects of Aristotelian metaphysics. In particular, I will examine whether science can show that there are no final causes, and whether evolution poses problems for the Aristotelian concept of form and essence in biology. Second, in chapter two, I shall explain the nature of goodness within this metaphysical schema. I will also engage with competing accounts of the nature of goodness and will argue that my Aristotelian account is superior. Third, in chapter three, I will list and defend my account of the basic goods. I will also explain why certain things, such as pleasure and freedom, are not included in my list of the basic goods. I will then explain how and why they do fit into my schema. Finally, in chapter four, I will move onto duties. I will show how we can derive a list of pro tanto duties from the Aristotelian ethical schema. Along the way I will also briefly sketch out an account of human rights. My ethical theory will differ from many contemporary neo-Aristotelians in that it will place emphasis on, and smoothly follow from, Aristotelian metaphysics. At the same time, my ethical theory will differ from more traditional neo-Aristotelians and the medieval neo-Aristotelians in the way that it reconciles an Aristotelian ethical schema with a non-natural account of goodness and a reasons-based account of obligation. (shrink)