This paper deals with the question of the conflict of constitutional rights with regard to basic rights. Two extreme accounts are outlined: the subsumptive approach and the particularistic approach, that embody two main conceptions of practical rationality. Between the two approaches there is room for a range of options, two of which are examined: the proportionalist approach, which conserves the scope of rights restricting their stringency, and the specificationist approach, which preserves the stringency of rights restricting their scope. I will (...) present arguments in defence of the latter. (shrink)

While such epistemic rules as 'If you perceive that X, you ought to believe that X' and 'If you have outstanding testimony that X, you ought to believe that X' seem to be getting at important truths, it is easy to think of cases in which they come into conflict. To avoid classifying such cases as dilemmas, one can hold either that epistemic rules have built-in unless-clauses listing the circumstances under which they don't apply, or, alternatively, that epistemic rules are (...) contributory. This paper explores both responses from a formal perspective, drawing on a simple defeasible logic framework. (shrink)

Particularism is widely conceived to endorse the view that moral reason is context-dependent. This being so, it is often accused of flattening the moral landscape—treating the feature of promise-keeping as constituting no more of a (moral) reason for action than the feature of wearing a yellow shoelace in advance of the considerations of the contexts. In reply, Dancy maintains that his particularism allows some features such as promise-keeping to have a reason status by default, ontologically speaking; it is just that (...) their default reason status might get ‘switched off’ in some contexts. In this paper, I will argue that Dancy's ontological understanding of default reason wouldn't help the particularists address the flattening objection, due to a violation of what Tsu calls ‘the embedded thesis’, which is a general constraint on how moral reason behaves. However, once the nature of default reason is correctly understood as psychological, particularism will be enabled to deflate the flattening objection, or so I will argue. (shrink)

Garrett Cullity’s Concern, Respect, and Cooperation is a highly sophisticated work of philosophy that carefully explores and boosts the reader’s confidence in a.

With recent advancements in systems engineering and artificial intelligence, autonomous agents are increasingly being called upon to execute tasks that have normative relevance. These are tasks that directly—and potentially adversely—affect human well-being and demand of the agent a degree of normative-sensitivity and -compliance. Such norms and normative principles are typically of a social, legal, ethical, empathetic, or cultural (‘SLEEC’) nature. Whereas norms of this type are often framed in the abstract, or as high-level principles, addressing normative concerns in concrete applications (...) of autonomous agents requires the refinement of normative principles into explicitly formulated practical rules. This paper develops a process for deriving specification rules from a set of high-level norms, thereby bridging the gap between normative principles and operational practice. This enables autonomous agents to select and execute the most normatively favourable action in the intended context premised on a range of underlying relevant normative principles. In the translation and reduction of normative principles to SLEEC rules, we present an iterative process that uncovers normative principles, addresses SLEEC concerns, identifies and resolves SLEEC conflicts, and generates both preliminary and complex normatively-relevant rules, thereby guiding the development of autonomous agents and better positioning them as normatively SLEEC-sensitive or SLEEC-compliant. (shrink)

I argue that moral principles involve the same sort of generalization as ordinary yet elusive generic generalizations in natural language such as ‘Tigers are striped’ or ‘Peppers are spicy’. A notable advantage of the generic view is that it simultaneously allows for pessimism and optimism about the role and status of moral principles in our lives. It provides a new perspective on the nature of moral principles on which principles are not apt for determining the moral status of particular actions (...) while they may be apt, and even fundamental, to our acquisition of moral knowledge. A natural consequence of the view is variation among moral principles, with some regularly warranting exceptions and some appearing arguably exceptionless. I will also argue that this generic conception of moral principles has significant advantages, as a normative model of moral reasoning, over the view of moral principles as defaults advanced in recent years. (shrink)

Scale-based models of weighing reasons face challenges concerning the context sensitivity of weight, the aggregation of weight, and the methodology for determining what the weights of reasons are. I resolve these challenges.

What makes some acts morally right and others morally wrong? Traditionally, philosophers have thought that in order to answer this question we must find and formulate exceptionless moral principles—principles that capture all and only morally right actions. Utilitarianism and Kantianism are paradigmatic examples of such attempts. In recent years, however, there has been a growing interest in a novel approach—Particularism—although its precise content is still a matter of controversy. In this paper I develop and motivate a new formulation of particularism (...) as a research program and I show that my formulation is not vulnerable to the most common objections to particularism. Moreover, I argue that the particularist research program shows enough promise to warrant further exploration. (shrink)

Frank Jackson, Michael Smith, and Philip Pettit contend in their 2000 paper that an argument from supervenience deals a fatal blow to shapeless moral particularism, the view that the moral is shapeless with respect to the natural. A decade has passed since the Canberrans advanced their highly influential supervenience argument. Yet, there has not been any compelling counter-argument against it, as far as I can see. My aim in this paper is to fill in this void and defend SMP against (...) the Canberrans’ supervenience argument. Such being the case, I will firstly re-construct the Canberrans’ supervenience argument in detail and push it as far as it can go. In fact, I will defend it against a number of existing objections respectively from Garfield, Dancy, and McDowell. Next, I will argue, however, that the supervenience argument, despite its initial plausibility, has one major pitfall: it hinges on an overly permissive conception of ‘shape’ such that it does not generate the right kind of moral principles the shapeless moral particularists are concerned to refute. I thus conclude that the seemingly scathing supervenience argument turns out to be toothless against SMP. Although this would not prove SMP to be right, for it might attract criticisms from other fronts, yet, until they come up, SMP, contrary to prevalent conceptions, remains alive and kicking. (shrink)

In this article, we present an analysis of defeasible generalizations -- generalizations which are essentially exception-laden, yet genuinely explanatory -- in terms of various notions of privileged conditions. We argue that any plausible epistemology must make essential use of defeasible generalizations so understood. We also consider the epistemic significance of the sort of understanding of context that is required for understanding of explanatory defeasible generalizations on any topic.

I take the debate between the particularists and the principlists to be centered on the issue of whether there are true moral principles. One argument the principlists often appeal to in support of their claim that there are true moral principles is the argument from supervenience. Roughly, the argument is made up of the following three statements: (P1) If the thesis of moral supervenience holds, then there are true moral principles. (P2) The thesis of moral supervenience holds. (C) There are (...) true moral principles, and hence particularism is false. In this paper, I argue that the above argument is not sound by attacking (P1). I hold that no general supervenient/resultance base has a robust enough configuration of contextual features as to ground the existence of true moral principles. If I am right about this, I think it would be indicative of a reason to be less confident about the truth of principlism and more confident about the truth of particularism. (shrink)

This paper makes the non-monotonicity of a wide range of moral reasoning the basis of a case for particularism. Non-monotonicity threatens practical decision with an overwhelming informational complexity to which a form of ethical generalism seems the best response. It is argued that this impression is wholly misleading: the fact of non-monotonicity is best accommodated by the defence of four related theses in any theory of justification. First, the explanation of and defence of a default/challenge model of justification. Secondly, the (...) development of a theory of epistemic status and an explanation of those unearned entitlements that accrue to such status. Thirdly, an explanation of the basis of epistemic virtues. Finally, an account must be given of the executive capacity of rational decision itself as a ‘contentless ability’. This overall set of views can accommodate a limited role for generalizations about categories of evidence, but not such as to rescue a principled generalism. In particular, the version of particularism defended here explains why one ought not to accept the principled holism that has proved to be a problem for Dancy’s form of particularism. Ethics certainly involves hedged principles. However, principles cannot be self-hedging: there cannot be a that’s it operator in a principle as Richard Holton has claimed that there can be. Practical reasoning is concluded by the categorical detachment of the action-as-conclusion itself. (shrink)

Abstract: Particularism is usually understood as a position in moral philosophy. In fact, it is a view about all reasons, not only moral reasons. Here, I show that particularism is a familiar and controversial position in the philosophy of science and mathematics. I then argue for particularism with respect to scientific and mathematical reasoning. This has a bearing on moral particularism, because if particularism about moral reasons is true, then particularism must be true with respect to reasons of any sort, (...) including mathematical and scientific reasons. (shrink)

Moral particularism, as recently defended, charges that traditional moral theorizing unduly privileges moral principles. Moral generalism defends a prominent place for moral principles. Because moral principles are often asked to play multiple roles, moral particularism aims at multiple targets. We distinguish two leading roles for moral principles, the role of standard and the role of guide. We critically survey some of the leading arguments both for and against principles so conceived.

The goal of this paper is to promote what I call ‘the embedded thesis’ as a general constraint on how moral reasons behave. Dancy’s reason holism will be used as a foil to illustrate the thesis. According to Dancy’s reason holism, moral reasons behave in a holistic way; that is, a feature that is a moral reason in one context might not be so in another or might even be an opposite reason. The way a feature manages to switch its (...) reason status is by the help of a so-called enabler/disabler. The enabler in itself is not part of the reason, according to Dancy’s reason holism, for it can be either present or absent while the reason feature is present. To put the idea somewhat differently, Dancy’s reason holism presupposes what I call ‘reason individuation’, the view that features that function as reasons can be individuated from those that function as enablers. Yet, reason individuation cannot hold, or so I will argue, due to what I call ‘the embedded thesis’. According to the embedded thesis, the feature that serves as a moral reason in a context cannot be individuated independently from its embedded context while still retaining its reason status. If I am right about the embedded thesis, this will take the wind out of the sails of Dancy’s reason holism. More importantly, it will constitute, I argue, a general constraint on how moral reasons behave. (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)

Since G. E. Moore introduced his concept of organic unity there has been some discussion of how one should best understand this notion and whether there actually are any organic unities in the Moorean sense. Such discussions do however often put general questions about part-whole relations to the side and tend to focus on interpreting our intuitive responses to possible cases of organic unity. In this paper the focus lies on the part-whole relation in valuable wholes and it is suggested (...) that we should distinguish between two kinds of wholes, collections and complex unities, where the latter can involve values that do not pass on their value to the greater whole in which they are included. Given this distinction we are then able to distinguish between two kinds of organic unity phenomena, the first involving a form of goodness that emerges on the level of the whole, the second involving a form of goodness that is embedded on the level of parts. In order to properly understand the latter form of goodness, there is also a need to distinguish final value from inherent value. (shrink)

Much has been said about the logical difference between rules and principles, yet few authors have focused on the distinct logical connectives linking the normative conditions of both norms. I intend to demonstrate that principles, unlike rules, are norms whose antecedents are linguistically formulated in a generic fashion, and thus logically described as inclusive disjunctions. This core feature incorporates the relevance criteria of normative antecedents into the world of principles and also explains their aptitude to conflict with opposing norms, namely (...) that their consequents are fulfilled to varying extents more frequently than those of rules. I conclude that the property of genericity should be predicated to the norm antecedent of principles, more precisely to the hypothetical action. This is of paramount importance to explain, in terms of logical implication and exclusion, the expansibility of competing principles, in contrast with the exclusive character of conflicting rules. (shrink)

With recent advancements in systems engineering and artificial intelligence, autonomous agents are increasingly being called upon to execute tasks that have normative relevance. These are tasks that directly—and potentially adversely—affect human well-being and demand of the agent a degree of normative-sensitivity and -compliance. Such norms and normative principles are typically of a social, legal, ethical, empathetic, or cultural nature. Whereas norms of this type are often framed in the abstract, or as high-level principles, addressing normative concerns in concrete applications of (...) autonomous agents requires the refinement of normative principles into explicitly formulated practical rules. This paper develops a process for deriving specification rules from a set of high-level norms, thereby bridging the gap between normative principles and operational practice. This enables autonomous agents to select and execute the most normatively favourable action in the intended context premised on a range of underlying relevant normative principles. In the translation and reduction of normative principles to SLEEC rules, we present an iterative process that uncovers normative principles, addresses SLEEC concerns, identifies and resolves SLEEC conflicts, and generates both preliminary and complex normatively-relevant rules, thereby guiding the development of autonomous agents and better positioning them as normatively SLEEC-sensitive or SLEEC-compliant. (shrink)

Jonathan Dancy challenges moral generalists to come up with a picture of moral thought and judgment which requires a provision of principles that cover the ground. The aim of this paper is to provide a response to Dancy's challenge. I argue that reasonable moral thought requires us to explain ourselves when we have reason to doubt our moral judgment about some particular case, that any such explanation commits us to a general moral principle over some domain of discussion and that (...) this principle expands to cover more and more ground as we consider more and more cases. (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)

The question of the character of constitutional rights norms is complex and admits of no easy answer. Without reducing the complexity of the issue, I attempt in this paper to formulate some clear views on the matter. I shall argue that constitutional rights reasoning is a species of rational practical reasoning that combines both balancing (as Robert Alexy admits) and the grounds as to why balancing is appropriate (deontological constraints). Absent the latter type of reason, the application of constitutional principles (...) remains a pure instance of balancing. Each time those reasons are touched upon, however, balancing becomes subject to deontological constraints. Yet deontological reasons are neither self-proclaiming nor complete. Rather they require for their articulation the background of an already operational practice of practical (legal) reasoning. This practice exemplifies what I shall dubthe structure of autonomy, that is, a set of regulative ideals, not yet definitive norms, that derive from the reflective character of human agency. This structure comes to light when one turns to the agent’s point of view – to the point of view of someone who is engagedreflectivelywith practical questions (questions about rights arepar excellencequestions of this type). The structure of autonomy is more fundamental than any deontological or teleological reasons: it is in its light that deontology and teleology need to be understood as representing merely complementary forms of argument, which can be employed in reasoning that aims to maximise constitutional rights provisions. At the same time, the structure of autonomy as a regulative ideal generatesprima faciereasons for allocating greater weight to deontological arguments in the relevant contexts of balancing. Such prima-facie reasons do not prescribe fully-fledged deontological constraints, but merely set the burden of proof in favour of specific reasons and ensure that the structure of autonomy be respected overall. (shrink)

In this paper I argue for a particularist understanding of thick evaluative features, something that is rarely done and is fairly controversial. That is, I argue that sometimes that the fact that an act is just, say, could, in certain situations, provide one with a reason against performing the action. Similarly, selfishness could be right-making. To show this, I take on anti-particularist ideas from two much-cited pieces (by Crisp, and by McNaughton and Rawling), in the influential Moral Particularism anthology (eds.) (...) Hooker and Little (OUP). My paper has already been cited by other people working in the field. (shrink)

This paper situates the problem of defeaters in a larger debate about the source of normative authority. It argues in favour of a constructivist account of defeasibility, which appeals to the justificatory role of normative principles. The argument builds upon the critique of two recent attempts to deal with defeasibility: first, a particularist account, which disposes of moral principles on the ground that reasons are holistic; and second, a proceduralist view, which addresses the problem of defeaters by distinguishing between provisional (...) and strictly universal principles. The particularist view fails to establish that moral principles have no epistemological import, but it raises important questions about their role in practical reasoning. The proceduralist view fails to distinguish between reasoning by default and reasoning by principles, but it shows that normative principles have a structural justificatory role. The constructivist view recognizes that the moral valence of normative claims vary across contexts, but denies that this is because of holism about reasons. Rather, it defends defeasibility within a constructivist account of reasoning where universality serves as the matrix of judgment. The constructivist view vindicates the justificatory role of universal normative principles, and makes room for some ordinary sources of defeasibility, which are left unaccounted by competing views, and which depend on the agent’s own progress. (shrink)