By giving sympathy a central role, Adam Smith’s Theory of Moral Sentiments (1759) can be regarded as one of the ‘enlightened’ moral theories of the Enlightenment, insofar as it widened the scope of moral consideration beyond the traditionally restricted boundary of human beings. This, although the author himself does not seem to have been aware of this fact. In this paper, I want to focus on two aspects which I think lead to this conclusion. First, by making sentience the requisite (...) to be taken into moral consideration, nonhuman animals in Smith’s moral theory can count as moral patients towards whom we should exercise the virtue of beneficence (if not justice). Secondly, Smith’s idea of morality as working in concentric circles –generating more stringent duties towards those closer to us– could explain and perhaps also justify our caring for some nonhuman animals, especially pets. (shrink)

Among the most animating debates in eighteenth-century British ethics was the debate over psychological egoism, the view that our most basic desires are self-interested. An important episode in that debate, less well known than it should be, was the exchange between Francis Hutcheson and John Clarke of Hull. In the early editions of his Inquiry into Virtue, Hutcheson argued ingeniously against psychological egoism; in his Foundation of Morality, Clarke argued ingeniously against Hutcheson’s arguments. Later, Hutcheson attempted new arguments against psychological (...) egoism, designed to overcome Clarke’s objections. This article examines the exchange between these philosophers. Its conclusion, influenced partly by Clarke, is that psychological egoism withstands Hutcheson’s arguments. This is not to belittle those arguments—indeed, they are among the most resourceful and plausible of their kind. The fact that egoism withstands them is thus not a mere negative result, but a stimulus to consider carefully the ways in which progress in this area may be possible. (shrink)

The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera doctrine allows us to impute unfree (...) actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. This doctrine seems to be instantiated in a great many actual legal practices. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases. (shrink)