In moral epistemology, the method of reflective equilibrium is often characterized in terms of intuitions or understood as a method for justifying intuitions. An analysis of reflective equilibrium and current theories of moral intuitions reveals that this picture is problematic. Reflective equilibrium cannot be adequately characterized in terms of intuitions. Although the method presupposes that we have initially credible commitments, it does not presuppose that they are intuitions. Nonetheless, intuitions can enter the process of developing a reflective equilibrium and, if (...) the process is successful, be justified. Since the method of reflective equilibrium does not essentially involve intuitions, it does not constitute a form of intuitionism in any substantial sense. It may be classified as intuitionist only in the minimal sense of not reducing justification to a matter of inference relations alone. (shrink)

There are ways that ethical intuitions might be, and the various possibilities have epistemic ramifications. This paper criticizes some extant accounts of what ethical intuitions are and how they justify, and it offers an alternative account. Roughly, an ethical intuition that p is a kind of seeming state constituted by a consideration whether p, attended by positive phenomenological qualities that count as evidence for p, and so a reason to believe that p. They are distinguished from other kinds of seemings, (...) such as those which are content driven (e.g., the sensory experience that a stick in water seems bent) and those which are competence driven (e.g., the intellectual seeming that XYZ is not water, or that one of DeMorgan’s laws is true). One important conclusion is this: when crafting a positive theory of justification ethical intuitionists have fewer resources than intuitionists in other domains, not because of the subject matter of ethical intuitions, but because of the their structure. A second conclusion is that the seemings featured in substantive ethical intuitions deliver relatively weak justification as compared to other seeming states. (shrink)

Let the Guidance Constraint be the following norm for evaluating ethical theories: Other things being at least roughly equal, ethical theories are better to the extent that they provide adequate moral guidance. I offer an account of why ethical theories are subject to the Guidance Constraint, if indeed they are. We can explain central facts about adequate moral guidance, and their relevance to ethical theory, by appealing to certain forms of autonomy and fairness. This explanation is better than explanations that (...) feature versions of the principle that ‘ought’ implies ‘can’. In closing, I address the objection that my account is questionable because it makes ethical theories subject not merely to purely theoretical but also to morally substantive norms. (Published Online August 21 2006). (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)

Peter Singer has argued for a radical anti-intuitionism on the basis of recent empirical research into the psychological and evolutionary origins of moral intuition. There is, however, a gap between the putative genealogy of moral intuition that Singer offers and his desired methodological claim. I explore three ways to bridge the gap, and argue that the promising way is to construe the genealogy as a debunking genealogy. I sketch an account of how debunking arguments work, and then show that this (...) causes problems for Singer, since utilitarianism itself is liable to be debunked. Finally, I suggest how we can take lessons for ethics from the empirical work, but that the result is a far more restricted kind of anti-intuitionism than Singer was hoping for. (shrink)

Suppose that people in the affluent countries can easily save the lives of the starving needy in poor countries. Then, three points seem to follow. First, it is wrong for these people not to make the easy rescue . Second, it is wrong to stop making the easy rescue even if they have made many rescues already . Third, if we accept the first two points, the demands of morality are super-extreme. That is, people have to keep making trivial sacrifices (...) until there is no more trivial sacrifices to make . Here, predictably, our commonsense will resist the third point. However, I argue in this paper that, since the first two points are harder to refute, we have to accept the third point anyway. (shrink)

Against moral intuitionism, which holds that moral intuitions can be non-inferentially justified, Walter Sinnott-Armstrong argues that moral intuitions are unreliable and must be confirmed to be justified because they are subject to cognitive biases. However, I suggest this is merely a renewed version of the argument from disagreement against intuitionism. As such, I attempt to show that the renewed argument is subject to an analogous objection as the old one; many cognitive biases of moral intuitions result from biases of non-moral (...) judgments. Thus, the unreliability of moral intuitions due to biases can be removed by clearing up the non-moral biases. Accordingly, biases of moral intuitions do not threaten a slightly qualified version intuitionism which posits non-inferential justification of intuitions when non-moral biases are not present. I also present an empirical study that lends initial support to my argument. (shrink)

This paper presents four arguments in favour of respecting Ulysses Contracts in the case of individuals who suffer with severe chronic episodic mental illnesses, and who have experienced spiralling and relapse before. First, competence comes in degrees. As such, even if a person meets the usual standard for competence at the point when they wish to refuse treatment, they may still be less competent than they were when they signed the Ulysses Contract. As such, even if competent at time 1 (...) and time 2, there can still be a disparity between the levels of competence at each time. Second, Ulysses Contracts are important to protect people’s most meaningful concerns. Third, on the approach defended, the restrictions to people’s liberty would be temporary, and would be consistent with soft paternalism, rather than hard paternalism: the contracts would be designed in such a way that individuals would be free to change their minds, and to change or cancel their Ulysses Contracts later. Finally, even if one rejects the equivalence thesis, this is still consistent with the claim that, in particular cases, it can be as wrong to allow a harm as to do a harm. Nevertheless, controversies remain. This paper also highlights several safeguards to minimise risks. Ultimately, we argue that people who are vulnerable to spiralling deserve a way to protect their autonomy as far as possible, using Ulysses Contracts when necessary. (shrink)

Moral philosophy has for quite some time practiced the use of thought experiments in argumentative strategies. Thought experiments can be understood as imagined scenarios with a certain level of complexity and novelty, which are usually designed and used to elicit our responses or moral intuitions in order to make our use of key moral concepts clearer or in order to support or reject a particular ethical theory, general moral principle, hypothesis, deeply held moral belief or presupposition. Such imagined cases also (...) often offer us a new insight, illumination and perspective on a given problem. One of the open questions is what is the epistemic status and value of such generated intuitions given their variability and instability. The paper combines a moderate defence of moral intuitions with a discussion of selected aspects of the use of cases in ethics education. (shrink)