The most blatant forms of discrimination are morally outrageous and very obviously so; but the nature and boundaries of discrimination are more controversial, and it is not clear whether all forms of discrimination are morally bad; nor is it clear why objectionable cases of discrimination are bad. In this paper I address these issues. First, I offer a taxonomy of discrimination. I then argue that discrimination is bad, when it is, because it harms people. Finally, I criticize a rival, disrespect-based (...) account according to which discrimination is bad regardless of whether it causes harm. (shrink)

G. A. Cohen and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a response on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it argues that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norms that constrains the activity of construction as constitutive norms. (...) Finally, on this basis, it draws a contrast between constructivist and foundational methods of ethics, such as deontology and teleology. (shrink)

A term expresses a thick concept if it expresses a specific evaluative concept that is also substantially descriptive. It is a matter of debate how this rough account should be unpacked, but examples can help to convey the basic idea. Thick concepts are often illustrated with virtue concepts like courageous and generous, action concepts like murder and betray, epistemic concepts like dogmatic and wise, and aesthetic concepts like gaudy and brilliant. These concepts seem to be evaluative, unlike purely descriptive concepts (...) such as red and water. But they also seem different from general evaluative concepts. In particular, thick concepts are typically contrasted with thin concepts like good, wrong, permissible, and ought, which are general evaluative concepts that do not seem substantially descriptive. When Jane says that Max is good, she appears to be evaluating him without providing much description, if any. Thick concepts, on the other hand, are evaluative and substantially descriptive at the same time. For instance, when Max says that Jane is courageous, he seems to be doing two things: evaluating her positively and describing her as willing to face risk. Because of their descriptiveness, thick concepts are especially good candidates for evaluative concepts that pick out properties in the world. Thus they provide an avenue for thinking about ethical claims as being about the world in the same way as descriptive claims. -/- Thick concepts became a focal point in ethics during the second half of the twentieth century. At that time, discussions of thick concepts began to emerge in response to certain disagreements about thin concepts. For example, in twentieth-century ethics, consequentialists and deontologists hotly debated various accounts of good and right. It was also claimed by non-cognitivists and error-theorists that these thin concepts do not correspond to any properties in the world. Dissatisfaction with these viewpoints prompted many ethicists to consider the implications of thick concepts. The notion of a thick concept was thought to provide insight into meta-ethical questions such as whether there is a fact-value distinction, whether there are ethical truths, and, if there are such truths, whether these truths are objective. Some ethicists also theorized about the role that thick concepts can play in normative ethics, such as in virtue theory. By the beginning of the twenty-first century, the interest in thick concepts had spread to other philosophical disciplines such as epistemology, aesthetics, metaphysics, moral psychology, and the philosophy of law. -/- Nevertheless, the emerging interest in thick concepts has sparked debates over many questions: How exactly are thick concepts evaluative? How do they combine evaluation and description? How are thick concepts related to thin concepts? And do thick concepts have the sort of significance commonly attributed to them? This article surveys various attempts at answering these questions. (shrink)

The main aim of this thesis is to defend moral realism. In chapter 1, I argue that moral realism is best understood as the view that moral sentences have truth-value, there are moral properties that make some moral sentences true, and moral properties are not reducible to non- moral properties. Realism is contrasted with non-cognitivism, error-theory and reductionism, which, in brief, deny, and, respectively. In the introductory chapter, it is also argued that there are some prima facie reasons to assume (...) that non-cognitivism and error-theory are erroneous. In chapters 2 and 3, I suggest that the two main forms of reductionism, analytic and synthetic reductionism, are mistaken. In chapter 4, I argue that the considerations in the previous chapters in relation to non-cognitivism, error-theory and reductionism provide support to moral realism. It is also suggested that these considerations make it plausible to hypothesise that moral properties depend on non- moral properties in a way I refer to as ‘the realist formula’. The realist formula confirms moral realism since it implies that moral properties are not reducible to non- moral properties. In chapters 5, 6 and 7, I argue that moral realism, much owing to the realist formula, is able to explain significant meta-ethical issues regarding moral disagreement, moral reason and moral motivation. Among other things, externalism concerning moral motivation is defended. The explanatory value of moral realism in relation to these meta-ethical issues is taken to suggest that this view is preferable to non-cognitivism, error-theory and reductionism. Some of the meta-ethical issues discussed in these chapters, particularly moral disagreement and motivation, have been thought to provide support to non-cognitivism and error-theory. I maintain that since realism, unlike reductionism, is able to counter these arguments, it justifies us in upholding the view that moral sentences have truth-value and the view that there are moral properties. In chapter 8, various objections against realism with regard to the dependence of moral properties on non- moral properties are responded to. In chapter 9, I consider an influential argument to the effect that moral properties are not involved in causal explanations. I maintain that this argument fails and that it therefore is reasonable to assume that moral properties are natural properties. However, the discussions in chapters 8 and 9 also suggest that moral realism might face problems that cannot be thoroughly discussed in this thesis. (shrink)

Legal terms, such as “ownership,”“contract,”“validity,”“negligence,” are used as middle terms in legal deduction. The paper distinguishes two problems regarding this use. One is the logical function of terms for deduction within a normative system. Specific problems dealt with in this connection are meaning, definition, and economy of expression. The other problem connected with middle terms is the “moulding” and possible manipulation of the meaning of legal terms, for arriving at desired conclusions in a given scheme of inference. It is indicated (...) how the moulding of contested legal concepts, if not restricted, will obscure the ratio of legal rules. This problem is relevant, inter alia, to arguments ex analogia in the law. (shrink)

Metaethics is traditionally understood as a non-moral discipline that examines moral judgements from a standpoint outside of ethics. This orthodox understanding has recently come under pressure from anti-Archimedeans, such as Ronald Dworkin and Matthew Kramer, who proclaim that rather than assessing morality from an external perspective, metaethical theses are themselves substantive moral claims. In this paper, I scrutinise this anti-Archimedean challenge as applied to the metaethical position of expressivism. More precisely, I examine the claim that expressivists do not avoid moral (...) commitments when accounting for moral thought, but instead presuppose them; they do not look at ethics from the outside, but operate from within ethics. This paper defends the non-moral status of expressivism against anti-Archimedeanism by rejecting a new anti-Archimedean challenge which, on the basis of Hume’s Law, aims to exploit expressivist explanations of supervenience in order to show that expressivism is a substantive moral position. (shrink)

With regard to intrinsically morally relevant factors it is natural to suppose that if a variation in a given factor makes a moral difference anywhere, then it makes the same moral difference everywhere (henceforth: the constancy assumption). Jonathan Dancy (and other moral particularists) reject the constancy assumption. Partly on the basis thereof, they infer that ethical decisions should be made “case by case, without the comforting support of moral principles”. In this article, I challenge Dancy's defence and use of a (...) denial of the constancy assumption on three points. First, Dancy's appeal to moral intuitions do not justify denying a significant version of the constancy assumption. Second, if we reject the constancy assumption, surprisingly, it may in one crucial respect be very hard to defend moral particularism as commonly articulated. Third, rejecting the constancy assumption does not motivate seeing moral reasoning as essentially a case‐by‐case matter. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. My enquiry into this topic comprises three parts. In this first part, I raise the issue of the reflexivity of justification and question whether the reflexive challenge can be met within the framework of A Theory of Justice. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. In the first part of this enquiry (Eng 2014a), I raised the issue of the reflexivity of justification and questioned whether the reflexive challenge can be met within the framework of A Theory of Justice. In the second part (Eng 2014b), I outlined a Kantian approach that represents a paradigmatic alternative to Rawls. In this third and final part, I shall argue that Rawls's reflective equilibrium cannot justify the choice of itself and that in the broader perspective thus necessitated, we cannot escape the metaphysical issues integral to the Kantian approach. (shrink)

Those who teach or are taught medical ethics with a heavy reliance on case studies should be warned first of all that the practice tends to exaggerate the degree to which morality is controversial. Secondly, they ought to realise that it is often quite unclear what problems count as moral problems. Thirdly, they will need to bear in mind that there may be -- and presumably are -- limits to what we may regard as open to discussion. It would be (...) quite superficial to assume that ethics teachers, going along with what is generally accepted by their colleagues in this matter, would never tempt students to disregard these limits. (shrink)

Normative theories can be useful in developing descriptive theories, as when normative subjective expected utility theory is used to develop descriptive rational choice theory and behavioral game theory. “Ought” questions are also the essence of theories of moral reasoning, a domain of higher mental processing that could not survive without normative considerations.

Gibbard''s theory of rationality is evolutionary in terms of its result as well as its underpinning argument. The result is that judgments about what is rational are analyzed as being similar to judgments of morality — in view of what Darwin suggests concerning the latter. According to the Darwinian theory, moral judgments are based on sentiments which evolve to promote the survival and welfare of human societies. On Gibbard''s theory, rationality judgments should be similarly regarded as expressing emotional attachments to (...) behavioral norms which originate and function to coordinate social interaction. Consequently, Gibbard''s theory of rationality might be used to illuminate Darwin''s theory of morality, and vice versa. Additionally, as argued in the present essay, both can be further elaborated, and defended, by developing related themes in philosophical ethics: viz., connected with Hume and 20th-century emotivists. The main problem is that this general Darwinian approach faces widespread opposition nowadays, not only in ethics but in philosophy of science. The purpose of this essay is to analyze Gibbard''s theory, critically and constructively, with emphasis on the pertinent commonalities in Darwin, Hume and the emotivists, while also critically addressing their common enemies. The pervasive methodological orientation is to relate this analysis to (philosophy of) science in general, and biological science in particular. (shrink)

Re-Reading: G.E.M Anscombe, 'Modern Moral Philosophy', Philosophy, Vol 33, No. 124 (1958) 1 -33.

We sometimes decide what to do by applying moral principles to cases, but this is harder than it looks. Principles are more general than cases, and sometimes it is hard to tell whether and how a principle applies to a given case. Sometimes two conflicting principles seem to apply to the same case. To handle these problems, we use a kind of judgment to ascertain whether and how a principle applies to a given case, or which principle to follow when (...) two principles seem to conflict. But what do we discern when we make such judgments—that is, what makes such judgments correct? The obvious answer is that they are made correct by whatever makes other moral judgments correct. However, that cannot be right, for a principle can be inconsistent with morality yet still apply in a particular way to a given case. If the principle is inconsistent with morality, then morality cannot be what we discern when we judge whether and how that principle applies to a given case. I offer an alternative account of what makes such judgments correct. (shrink)

The article traces origins of the contradiction that calls into being the polemics on the moral status of duties to close persons. Special obligations are created by the unique life narrative of an actor that makes different recipients of her actions more or less distant. Those who are less distant are “close ones.” Those who are more distant are “strangers.” The basis of this distance can be different: individual sympathy, consanguinity, belonging to cultural, territorial and political communities. Special obligations presuppose (...) that the preferential treatment of “close ones” is not only permissible but obligatory. This feature of moral duties to close persons makes moral philosophers suspicious because they are prone to endow moral requirements with two interrelated properties: universality and the high level of generality. The main reason for this is that the typical moral duty is a duty of every human being to another human being without any further qualifications. Against the background of such duties, any preference to close persons looks like the breach of moral equality and manifestation of impermissible partiality. Though, common moral beliefs persistently include special obligations in the whole system of moral duty. R. Goodin thinks that they have a priority over positive general duties and yield to negative general duties. The empirical researches of moral evaluations which reviewed in this article in general confirm this conclusion. The ethical theory cannot ignore fundamental features of common moral beliefs. That is why it is doomed to look for ways of reconciling the moral equality and impartiality with the preferential treatment of close persons embedded into special obligations. (shrink)

I attempt to identify a problem running through the foundation of R. M. Hare’s ethical prescriptivism and the more recent sentimentalism/ethical expressivism of Simon Blackburn. The non-cognitivism to which Hare and Blackburn’s approaches are committed renders them unable to establish stable contents for basic moral principles and, thus, incapable of conducting a logical analysis of moral terms or statements. I argue that objective-descriptive- natural ethical theories are in a much better position to provide a satisfying account of the logical analysis (...) of moral terms or statements. Such ethical theories can arrive at basic moral principles with stable contents, thus paving the way for the kind of descriptive approach that can accommodate stable truth conditions. This, in turn, provides stable grounds for the logical analysis of moral terms and statements. (shrink)