In recent decades "virtue ethics" has become an accepted theoretical structure for thinking about normative ethical principles. However, few contemporary virtue ethicists endorse the commitments of the first virtue theorists---the ancient Greeks, who developed their virtue theories within a commitment to eudaimonism. Why? I believe the objections of modern theorists boil down to concerns that eudaimonist theories cannot properly account for two prominent moral requirements on our treatment of others. ;First, we think that the interests and welfare of at least (...) some others ought to give us non-instrumental reason for acting---that is, reason independent of consideration of our own welfare. Second, we think others are entitled to what we might call respect, just in virtue of their being persons. Eudaimonist accounts either cannot account for these intuitions at all, or they give the wrong sort of account. ;My dissertation assesses the resources of eudaimonism to meet these lines of criticism. Chapter 2, 3, and 4 survey the views of Plato, Aristotle, and the Stoics, to discover insights that are important for a successful response. In Chapters 5 and 6, I offer my own account, based on what I call empathic identification. This is the habit or disposition of seeing things, in effect, through the eyes of others. Empathic identification is a process through which the interpersonal transmission of reasons for actions between persons becomes possible. I argue first that our interest in our own eudaimonia justifies us in identifying empathically with others as a general habit or disposition. Second, I argue that empathic identification explains our intuitions about the respect others are due. So empathic identification generates the right sort of explanation of our intuitions about the constraints others and their interests impose upon us after all, and renders eudaimonist virtue ethics a viable form of ethical theory. (shrink)

Hypothetical trolley problems are widely used to elicit moral intuitions, which are employed in the development of moral theory and the psychological study of moral judgments. The scenarios used are outlandish, and some philosophers and psychologists have questioned whether the judgments made in such unrealistic and unfamiliar scenarios are a reliable basis for theory-building. We present two experiments that investigate whether differences in moral judgment due to the role of the agent, previously found in a standard trolley scenario, persist when (...) the structure of the problem is transplanted to a more familiar context. Our first experiment compares judgments in hypothetical scenarios; our second experiment operationalizes some of those scenarios in the laboratory, allowing us to observe judgments about decisions that are really being made. In the hypothetical experiment, we found that the role effect reversed in our more familiar context, both in judgments about what the actor ought to do and in judgments about the moral rightness of the action. However, in our laboratory experiment, the effects reversed back or disappeared. Among judgments of what the actor ought to do, we found the same role effect as in the standard hypothetical trolley scenario, but the effect of role on moral judgments disappeared. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the second of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the moral status of the distinction between doing and allowing harm. I look at objections to the doctrine such as James’ Rachels’ Wicked Uncle Case and Jonathan (...) Bennett’s argument that any acceptable analysis of the distinction leaves it implausible that the distinction is morally relevant. I consider putative defences of the Doctrine from Philippa Foot and Warren Quinn. I argue that neither Foot not Quinn provides a satisfactory justification of the Doctrine of Doing and Allowing, but that the idea of self-ownership discussed by Quinn can be developed to provide a justification of the doctrine. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the first of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the analysis of the distinction between doing and allowing harm. I explore some of the most prominent attempts to analyse this distinction:. Philippa Foot’s sequence account, Warren (...) Quinn’s action/ inaction account, and counterfactual test accounts put forward by Shelly Kagan and Jonathan Bennett. I also discuss Jeff McMahan’s account of the removal of barriers to harm. I argue that analysis of the distinction has often been made more difficult by two mistaken assumption: (1) the assumption that when an agent does or allows harm his behaviour makes the difference to whether or not the harm occurs (2) the assumption that the distinction between doing and allowing and the distinction between action and inaction are interchangeable. I suggest that Foot’s account is the most promising account of the doing/allowing distinction, but that it requires further development. (shrink)

It is commonly held that our intuitive judgements about imaginary problem cases are justified a priori, if and when they are justified at all. In this paper I defend this view — ‘rationalism’ — against a recent objection by Timothy Williamson. I argue that his objection fails on multiple grounds, but the reasons why it fails are instructive. Williamson argues from a claim about the semantics of intuitive judgements, to a claim about their psychological underpinnings, to the denial of rationalism. (...) I argue that the psychological claim — that a capacity for mental simulation explains our intuitive judgements — does not, even if true, provide reasons to reject rationalism. (More generally, a simulation hypothesis, about any category of judgements, is very limited in its epistemological implications: it is pitched at a level of explanation that is insensitive to central epistemic distinctions.) I also argue that Williamson’s semantic claim — that intuitive judgements are judgements of counterfactuals — is mistaken; rather, I propose, they are a certain kind of metaphysical possibility judgement. Several other competing proposals are also examined and criticized. (shrink)

Attempts to solve the Trolley Problem by means of a single principle have proved unpersuasive. Nor can the intuition about Transplant be adequately grounded in the hypothetical dissent of rational contractors. It is explained by the initial liability principle, that loss should lie where it falls unless there is sufficient reason to shift it. If we did not think we should accept misfortune in such cases and thought that minimising loss of life was sufficient reason to shift the loss we (...) should not be according others the minimum respect and treatment we feel is their due. The intuition about Trolley is explained by the affinity of that case to the pure case where the choice is between saving many and saving fewer, where minimising misfortune is the only credible option. But these considerations are not yet enough to accommodate the cases that lie between the extremes of Trolley and Transplant. We can handle the intermediate cases by attempting to assimilate them to one or other paradigm and to one another with a sensitivity to morally relevant and irrelevant differences that seeks initially to be faithful to the values reflected by our moral intuitions. Those intuitive judgements are unlikely to survive such an examination wholly unmodified. (shrink)

The term “value theory” is used in at least three different ways in philosophy. In its broadest sense, “value theory” is a catch-all label used to encompass all branches of moral philosophy, social and political philosophy, aesthetics, and sometimes feminist philosophy and the philosophy of religion — whatever areas of philosophy are deemed to encompass some “evaluative” aspect. In its narrowest sense, “value theory” is used for a relatively narrow area of normative ethical theory of particular concern to consequentialists. In (...) this narrow sense, “value theory” is roughly synonymous with “axiology”. Axiology can be thought of as primarily concerned with classifying what things are good, and how good they are. For instance, a traditional question of axiology concerns whether the objects of value are subjective psychological states, or objective states of the world. (shrink)

Douglas Portmore has recently argued in this journal for a "promising result" – that combining teleological ethics with "evaluator relativism" about the good allows an ethical theory to account for deontological intuitions while "accommodat[ing] the compelling idea that it is always permissible to bring about the best available state of affairs." I show that this result is false. It follows from the indexical semantics of evaluator relativism that Portmore's compelling idea is false. I also try to explain what might have (...) led to this misunderstanding. (shrink)

New medical technologies provide us with new possibilities in health care and health care research. Depending on their degree of novelty, they may as well present us with a whole range of unforeseen normative challenges. Partly, this is due to a lack of appropriate norms to perceive and handle new technologies. This article investigates our ways of establishing such norms. We argue that in this respect analogies have at least two normative functions: they inform both our understanding and our conduct. (...) Furthermore, as these functions are intertwined and can blur moral debates, a functional investigation of analogies can be a fruitful part of ethical analysis. We argue that although analogies can be conservative; because they bring old concepts to bear upon new ones, there are at least three ways in which they can be creative. First, understandings of new technologies are quite different from the analogies that established them, and come to be analogies themselves. That is, the concepts may turn out to be quite different from the analogies that established them. Second, analogies transpose similarities from one area into another, where they previously had no bearing. Third, analogies tend to have a figurative function, bringing in something new and different from the content of the analogies. We use research-biobanking as a practical example in our investigations. (shrink)

Call ‘radical moral theorizing’ the project of developing a moral theory that not only tries to conform to our existing moral judgments, but also manifests various theoretical virtues: consistency, simplicity, explanatory depth, and so on. Many moral philosophers assume that radical moral theorizing does not require any particular metaethical commitments. In this paper, I argue against this assumption. The most natural justification for radical moral theorizing presupposes moral realism, broadly construed; in contrast, there may be no justification for radical moral (...) theorizing if moral anti-realism is true. (shrink)

This paper deals with the core version of the Trolley Problem. In one case many people favor an act which will bring about the death of one person but save five other persons. In another case most people would refuse to “sacrifice” one person in order to save five other lives. Since the two cases seem similar in all relevant respects, we have to explain and justify the diverging verdicts. Since I don’t find current proposals of a solution convincing, I (...) propose an alternative one according to which —but not —violates two forms of equality. I also test the underlying egalitarian principle against other cases. I argue that it offers a good explanation and also a normative justification of our intuitive verdicts about the cases. (shrink)

It is widely held that agent-neutral consequentialism is incompatible with deontic constraints. Recently, Kieran Setiya has challenged this orthodoxy by presenting a form of agent-neutral consequentialism that he claims can capture deontic constraints. In this reply, we argue against Setiya's proposal by pointing to features of deontic constraints that his account fails to capture.

This paper deals with the core version of the Trolley Problem. In one case many people favor an act which will bring about the death of one person but save five other persons. In another case most people would refuse to “sacrifice” one person in order to save five other lives. Since the two cases seem similar in all relevant respects, we have to explain and justify the diverging verdicts. Since I don’t find current proposals of a solution convincing, I (...) propose an alternative one according to which —but not —violates two forms of equality. I also test the underlying egalitarian principle against other cases. I argue that it offers a good explanation and also a normative justification of our intuitive verdicts about the cases. (shrink)

In traditional consequentialism the good is position-neutral. A single evaluative ranking of states of affairs is correct for everyone, everywhere regardless of their positions. Recently, position-relative forms of consequentialism have been developed. These allow for the correct rankings of states to depend on connections that hold between the state being evaluated and the position of the evaluator. For example, perhaps being an agent who acts in a certain state requires me to rank that state differently from someone else who lacks (...) this connection. In this chapter several different kinds of position-relative rankings related to agents, times, physical locations, and possible worlds are explored. Arguments for and against adopting a position-relative axiology are examined, and it is suggested that position-relative consequentialism is a promising moral theory that has been underestimated. (shrink)

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

Many philosophers assume that philosophical theories about the psychological nature of moral judgment can be confirmed or disconfirmed by the kind of evidence gathered by natural and social scientists (especially experimental psychologists and neuroscientists). I argue that this assumption is mistaken. For the most part, empirical evidence can do no work in these philosophical debates, as the metaphorical heavy-lifting is done by the pre-experimental assumptions that make it possible to apply empirical data to these philosophical debates. For the purpose of (...) this paper, I emphasize two putatively empirically-supported theories about the psychological nature of moral judgment. The first is the Sentimental Rules Account, which is defended by Shaun Nichols. The second is defended by Jesse Prinz, and is a form of sentimentalist moral relativism. I show that both of the arguments in favour of these theories rely on assumptions which would be rejected by their philosophical opponents. Further, these assumptions carry substantive moral commitments and thus cannot be confirmed by further empirical investigation. Because of this shared methodological assumption, I argue that a certain form of empirical moral psychology rests on a mistake. (shrink)

Many geoengineering projects have been proposed to address climate change, including both solar radiation management and carbon removal techniques. Some of these methods would introduce additional compounds into the atmosphere or the ocean. This poses a difficult conundrum: Is it permissible to remediate one pollutant by introducing a second pollutant into a system that has already been damaged, threatened, or altered? We frame this conundrum as the ‘‘Problem of Permissible Pollution.’’ In this paper, we explore this problem by taking up (...) ocean fertilization and advancing an argument that rests on three moral claims. We first observe that pollution is, in many respects, a context-dependent matter. This observation leads us to argue for a ‘‘justifiability criterion.’’ Second, we suggest that remediating actions must take into account the antecedent conditions that have given rise to their consideration. We call this second observation the ‘‘antecedent conditions criterion.’’ Finally, we observe that ocean fertilization, and other related geoengineering technologies, propose not strictly to clean up carbon emissions, but actually to move the universe to some future, unknown state. Given the introduced criteria, we impose a ‘‘future-state constraint’’. We conclude that ocean fertilization is not an acceptable solution for mitigating climate change. In attempting to shift the universe to a future state geoengineering sidelines consideration of the antecedent conditions that have given rise to it —conditions, we note, that in many cases involve unjustified carbon emissions —and it must appeal to an impossibly large set of affected parties. (shrink)

There is a long history of medical research that involves intentionally infecting healthy people in order to study diseases and their treatments. Such research—what might be called “human challenge studies”—are an important strand of much current research—for example, in the development of vaccinations. The many international and national guidelines about the proper conduct of medical research do not specifically address human challenge studies. In this paper we review the guidelines on the risk of harm that healthy volunteers may be exposed (...) to in the course of medical research. We examine the ethical arguments that are implicit or explicit in these guidelines. We then ask whether there is reason for limiting such studies on grounds independent of risk of harm. We conclude that the major ethical concern with challenge studies is that of risk of harm and that the fact that a study is a challenge study is not a wrong in itself. (shrink)

In our everyday moral deliberations, we attend to two central types of considerations – outcomes and moral rules. How these considerations interrelate is central to the long-standing debate between deontologists and utilitarians. Is the weight we attach to moral rules reducible to their conduciveness to good outcomes (as many utilitarians claim)? Or do we take moral rules to be absolute constraints on action that normatively trump outcomes (as many deontologists claim)? Arguments over these issues characteristically appeal to commonsense intuitions about (...) various cases. As a result, an important portion of the debate involves empirically tractable questions — questions that can be investigated by probing for people’s judgments in cases in which the two types of considerations come into conflict with one another. (shrink)

Many political libertarians argue, or assume, that negative moral duties (duties not to harm others) prevail over positive moral duties (duties to aid others), and that the legal system ought to reflect such pre-eminence. I call into question this strategy for defending a libertarian order. I start by arguing that a successful account of the well-known case of a runaway trolley that is about to kill five innocents unless a passer-by diverts it onto one innocent, killing him, should point to (...) (i) the ex ante advantage to all six of being subject to a policy of redirection of runaway trolleys, and (ii) the causal structure of killing vs. letting-die choices. I then argue that this account of the trolley case entails that legal systems reflecting the relative stringency of negative and positive moral duties should uphold redistributive measures at odds with libertarianism. The assumption that the legal system ought to reflect, through non-causal routes, moral principles and their relative weights leads to either an ideal-theory (in Rawls's sense) assessment of libertarianism or a symbolic account of the relationships between morality and law. Libertarians should undermine this assumption if they hope to offer an all-things-considered case for free markets. (shrink)

Consequentialism is usually thought to be unable to accommodate many of our commonsense moral intuitions. In particular, it has seemed incompatible with the intuition that agents should not violate someone's rights even in order to prevent numerous others from committing comparable rights violations. Nevertheless, I argue that a certain form of consequentialism can accommodate this intuition: agent-relative consequentialism--the view according to which agents ought always to bring about what is, from their own individual perspective, the best available outcome. Moreover, I (...) argue that the consequentialist's agent-focused account of the impermissibility of such preventive violations is more plausible than the deontologist's victim-focused account. Contrary to Frances Kamm, I argue that agent-relative consequentialism can adequately deal with single-agent cases, cases where an agent would have to commit one rights violation now in order to minimize her commissions of such rights violations over time. (shrink)

This paper comprises three sections. First, we offer a traditional defence of deontology, in the manner of, for example, W.D. Ross (1965). The leading idea of such a defence is that the right is independent of the good. Second, we modify the now standard account of the distinction, in terms of the agent-relative/agentneutral divide, between deontology and consequentialism. (This modification is necessary if indirect consequentialism is to count as a form of consequentialism.) Third, we challenge a value-based defence of deontology (...) proposed by Quinn (1993), Kamm (1989, 1992), and Nagel (1995). (shrink)

Crashes involving self-driving cars at least superficially resemble trolley dilemmas. This article discusses what lessons machine ethicists working on the ethics of self-driving cars can learn from trolleyology. The article proceeds by providing an account of the trolley problem as a paradox and by distinguishing two types of solutions to the trolley problem. According to an optimistic solution, our case intuitions about trolley dilemmas are responding to morally relevant differences. The pessimistic solution denies that this is the case. An optimistic (...) solution would yield first-order moral insights for the ethics of self-driving cars, but such a solution is difficult to come by. More plausible is the pessimistic solution, and it teaches us a methodological lesson. The lesson is that machine ethicists should discount case intuitions and instead rely on intuitions and judgments at a higher level of generality. (shrink)

Deontologists are united in asserting that there are side-constraints on permissible action, prohibiting acts of murder, theft, infidelity, etc., even in cases where performing such acts would make things better overall from an impartial standpoint. These constraints are enshrined in the vocabulary of rights apply even when violating those constraints would lead to fewer constraint-violations overall: I am prohibited from killing an innocent even when doing so is the only way to prevent you from killing five. However, deontologists are divided (...) over whether we have a duty to violate a smaller number of rights when this is necessary to prevent ourselves from later violating a larger number of rights that are at least as stringent. I argue that individuals do have such a duty, a duty which follows from widely accepted consistency constraints on choice. (shrink)

The trolley problem, first described by Foot (1967) and Thomson (The Monist, 59, 204–217, 1976), is one of the most famous and influential thought experiments in deontological ethics. The general story is that a runaway trolley is threatening the lives of five people. Doing nothing will result in the death of those persons, but acting in order to save those persons would unavoidably result in the death of another, sixth person. It appears that, depending on the situation, we have different (...) moral judgments about the permissibility of action. We will review and systematize all the proposals in the literature of the past 35 years that have attempted to grasp our moral intuitions in a simple deontological principle. In particular, seventeen proposals will be classified: six algorithmic, seven psychological, and four other invalid accounts. This review and classification sheds light on some subtle differences and clarify a few issues. (shrink)

This paper examines accounts of the moral wrongness of killing persons in addition to determining what conclusions, if any, can be drawn from the morality of killing persons about the equality of persons, and vice versa. I will argue that a plausible way of thinking about the moral wrongness of killing implies that the permissibility of killing innocent, nonthreatening persons depends on a person’s age. I address objections to this conclusion and discuss some potential implications of the view.

Means-based harms are frequently seen as forbidden, even when they lead to a greater good. But, are there mitigating factors? Results from five experiments show that judgments about means-based harms are modulated by: 1) Pareto considerations (was the harmed person made worse off?), 2) the directness of physical contact, and 3) the source of the threat (e.g. mechanical, human, or natural). Pareto harms are more permissible than non-Pareto harms, Pareto harms requiring direct physical contact are less permissible than those that (...) do not, and harming someone who faces a mechanical threat is less permissible than harming someone who faces a non-mechanical threat. These results provide insight into the rich representational structure underlying folk-moral computations, including both the independent and interacting roles of the inevitability, directness and source of harm. (shrink)

Debate continues about the ethics of sham surgery controls. The most powerful argument for sham surgery controls is that rigorous experiments are needed to demonstrate safety and efficacy of surgical procedures. Without such experiments, there is danger of adopting worthless procedures in clinical practice. Opponents of sham surgery controls argue that sham surgery constitutes unacceptable violation of the rights of research subjects. Recent philosophical discussion has used two thought experiments—the transplant case and the trolley problem—to explore the circumstances under which (...) individuals may be harmed to benefit a larger group. The transplant case is felt to exemplify circumstances that forbid harming some to benefit a larger group while the trolley problem exemplifies circumstances that permit harming some to benefit others. I argue that sham surgery controls satisfy criteria derived from the trolley problem and are morally permissible. (shrink)

This paper offers a partial justification of so-called "deontological restrictions." Specifically it defends the "self/other asymmetry," that we are morally obligated to treat our own agency, and thus its results, as specially important. The argument rests on a picture of moral obligation of a broadly Kantian sort. In particular, it rests on the basic normative assumption that our fundamental obligations are determined by the principles which a rational being as such would follow. These include principles which it is not essential (...) for rational beings to accept, but acceptance of which we could non-arbitrarily attribute to them simply in their capacity as rational. Among these principles is the asymmetry mentioned above. (shrink)

Given the inevitability of scarcity, should public institutions ration healthcare resources so as to prioritize those who contribute more to society? Intuitively, we may feel that this would be somehow inegalitarian. I argue that the egalitarian objection to prioritizing treatment on the basis of patients’ usefulness to others is best thought of as semiotic: i.e. as having to do with what this practice would mean, convey, or express about a person's standing. I explore the implications of this conclusion when taken (...) in conjunction with the observation that semiotic objections are generally flimsy, failing to identify anything wrong with a practice as such and having limited capacity to generalize beyond particular contexts. (shrink)

Allen Buchanan’s ‘The Heart of Human Rights’ addresses the moral justification of the international legal human rights system. Buchanan identifies two functions of the ILHRS: a well-being function and a status egalitarian function. Because Buchanan assumes that the well-being function is sufficientarian, he augments it with a status egalitarian function. However, if the well-being function is utilitarian or prioritarian, there is no need for a separate status egalitarian function, because the status egalitarian function can be subsumed by the utilitarian or (...) prioritarian well-being function. (shrink)

I argue that a defense of deontological restrictions need not resort to what I call the 'Good/Bad asymmetry', according to which it is morally more important to avoid harming others than to prevent just such harm. I replace this paradoxical asymmetry with two non-paradoxical ones. These are the following: We ought to treat an act of preventing harm to persons precisely as such , rather than as the causing of a benefit; but we ought to treat an act that causes (...) harm precisely as such , rather than as the prevention of a benefit. It is morally more important not to cause harm than to cause benefit. I show how we can use those asymmetries, together with certain other assumptions, to defend restrictions. I also offer a partial defense of the first of the two asymmetries. (shrink)

The article examines whether state officials may shoot down a hijacked airplane which carries uninvolved passengers, if it is known that the plane will be used against the lives of other human beings. In its first sections, it explains the German Federal Constitutional Court’s verdict against such a permission, and it scrutinizes the crucial arguments in this ruling. The author then extends the discussion beyond the path taken by the court. She examines the defensive claims of passengers aboard the plane (...) and the protective claims of potential victims who are present at the hijackers’ target zone. In contrast to the German Federal Constitutional Court, she concludes that state officials must take the claims of both groups of potential victims equally serious, and that such conditions allow applying a consequentialist calculus because it is the only way out of a genuine dilemma. (shrink)

This article will focus on the ethical issues of vaccine mandates and stake claim to the relatively extreme position that outright requirements for people to receive the vaccine are ethically correct at both the governmental and institutional levels. One novel strategy employed here will be to argue that deontological considerations pertaining to consent rights cut as much in favor of mandating vaccines as against them. The presumption seems to be that arguments from consent speak semi-definitively against forcing people to inject (...) something into their bodies, and so any argument in favor of mandates must produce different and overriding logical and ethical considerations. Our central claim will be that the same logic that might seem to prohibit vaccine mandates as violations of consent actually supports such mandates when viewed from the perspective of the potential bystander who might otherwise be exposed to COVID-19. (shrink)

Is it permissible to kill an innocent person against her will in order to prevent several other innocent persons from being killed against their will? The answer to which this essay comes after extensive discussion is – under certain conditions and limitations – affirmative. On the way to this answer, the book offers a comprehensive in-depth discussion of so-called deontic restrictions – that is, the idea of an action’s being prohibited in circumstances in which performing it once would be the (...) only way to prevent its being performed multiple times. The book’s leading question is whether there is a plausible rationale for deontic restrictions. To this effect, a taxonomy and critical discussions of the most important approaches to justify deontic restrictions are provided – where many of these approaches undergo a deeper examination for the first time ever. In addition, the book clarifies some adjoining questions, such as why deontic restrictions are often perceived as being problematic or how the concept of agent-relativity should best be understood and formalized. Put into broader perspective, the conclusions offered should have a bearing on a number of debates in normative ethics, not least on the debate between deontologists and consequentialist. (shrink)

Agent-relative restrictions prohibit minimizing violations: that is, they require us not to minimize the total number of their violations by violating them ourselves. Frances Kamm has explained this prohibition in terms of the moral worth of persons, which, in turn, she explains in terms of persons’ high moral status as inviolable beings. I press the following criticism of this account: even if minimizing violations are permissible, we need not have a lower moral status provided other determinants thereof boost it. Thus, (...) Kamm’s account is incomplete at best. And when, to address this incompleteness, it is insisted that our moral worth derives from specific moral statuses, the inviolability account comes to seem deficient because it begs the question against those who are not initially persuaded that minimizing violations are impermissible. (shrink)

Adherents of different moral views hold conflicting views on the permissibility of embryonic stem cell research. Pace Ronald Dworkin, no liberal compromise is possible. Whichever way the decision goes, some people will be deeply hurt and feel that basic moral principles are being flouted. And yet, when a majority exists in defence of such research, it should not hesitate to allow it.

Anyone who reflects on the way we go about arguing for or against moral claims is likely to be struck by the central importance we give to thinking about cases. Intuitive reactions to cases—real or imagined—are carefully noted, and then appealed to as providing reason to accept various claims. When trying on a general moral theory for size, for example, we typically get a feel for its overall plausibility by considering its implications in a range of cases. Similarly, when we (...) try to refine the statement of a principle meant to cover a fairly specific part of morality, we guide ourselves by testing the various possible revisions against a carefully constructed set of cases. And when arguing against a claim, we take ourselves to have shown something significant if we can find an intuitively compelling counterexample, and such counterexamples almost always take the form of a description of one or another case where the implications of the claim in question seem implausible. Even when we find ourselves faced with a case where we have no immediate and clear reaction, or where we have such a reaction, but others don't share it and we need to persuade them, in what is probably the most common way of trying to make progress we consider various analogies and disanalogies; that is to say, we appeal to still other cases, and by seeing what we want to say there, we discover what it is plausible to say in the original case. In these and other ways, then, the appeal to cases plays a central and ubiquitous role in our moral thinking. (shrink)

We motivate the desire for self-driving and explain its potential and limitations, and explore the need for—and potential implementation of—morals, ethics, and other value systems as complementary “capabilities” to the Deep Technologies behind self-driving. We consider how the incorporation of such systems may drive or slow adoption of high automation within vehicles. First, we explore the role for morals, ethics, and other value systems in self-driving through a representative hypothetical dilemma faced by a self-driving car. Through the lens of engineering, (...) we explain in simple terms common moral and ethical frameworks including utilitarianism, deontology, and virtue ethics before characterizing their relationship to the fundamental algorithms enabling self-driving. The concepts of behavior cloning, state-based modeling, and reinforcement learning are introduced, with some algorithms being more suitable for the implementation of value systems than others. We touch upon the contemporary cross-disciplinary landscape of morals and ethics in self-driving systems from a joint philosophical and technical perspective, and close with considerations for practitioners and the public, particularly as individuals may not appreciate the nuance and complexity of using imperfect information to navigate diverse scenarios and tough-to-quantify value systems, while “typical” software development reduces complex problems to black and white decision-making. (shrink)

ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect, which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business activity. The article illustrates (...) how LDE helps to explain the exploitative nature of payday lending, the distinction between permissible and impermissible forms of market competition, and the potential wrong of imposing risk of harm on others. The article also addresses foundational debates about LDE itself. We offer the article as an illustration of the sort of “midlevel” theorizing that can address directly the needs of practitioners. (shrink)

It is impermissible to violate a constraint, even if by doing so a greater number of violations of the very same constraint were to be prevented. Most find this puzzling. But what makes the impermissibility of such minimizing violations puzzling? This article discusses some recent answers to this question. The article's first aim is to make clear in what way these answers differ. The second aim is to evaluate the answers, along with Kamm's and Nagel's proposed solutions of what they (...) see as the puzzle of constraints. The main thesis of the article is this: because defenders of constraints are not committed to any conception of valuable states of affairs, constraints do not conflict with maximizing rationality; but neither can they be accounted for in terms of impersonal values. (shrink)

ABSTRACT:Many ethicists argue that contract theory offers the most promising strategy for regulating risks. I challenge the adequacy of the contractualist approach for evaluating the complicated, novel risks associated with some structured financial products, particularly focusing on risks to third parties. Structured financial products like collateralized debt obligations (CDOs) divide a pool of financial assets into risk “tranches” organized from least to most risky. Investors purchase various tranches based on their individual risk-and-return preferences. Whereas contract theory holds that investment risks (...) are ethically permitted (roughly) when everyone—including both parties directly involved in the investments and third parties—consents to them, structured financial products like CDOs show that even risks to which everyone consents are ethically problematic when they involve systemic risks of ruin. (shrink)