The aim of this paper is to give an account of what it is to internalize a rule. I claim that internalization is the process of redistributing the burden of instruction from the teacher to the student. The process is complete when instruction is no longer needed, and the rule has reshaped perceptual classification of the circumstances in which it applies. Teaching a rule is the initiation of this process. We internalize rules by simulating instruction coming from someone else. Running (...) these simulations enables us to toggle between the perspective of the instructor and our own perspective. By doing this we coordinate our perspectives with that of the teacher. The account given here provides a deeper explanation of why internalizing a rule involves the dispositions and reactive attitudes proponents of Rule Consequentialism often say it does, why moral reflection is variably demanding, how intergenerational moral progress is made possible by our cognitive architectures, and why the adoption of a rule should be understood in terms of teaching that rule. (shrink)

InMorals by Agreement, David Gauthier (1986) argues that it is rational to intend to cooperate, even in single-play Prisoner's Dilemma games, provided (1) your co-player has a similar intention; (2) both intentions can be revealed to the other player. To this thesis four objections are made. (a) In a strategic decision the parameters on which the argument relies cannot be supposed to be given. (b) Of each pair ofa-symmetric intentions at least one is not rational. But it is impossible to (...) form symmetric intentions to cooperate conditionally. For the condition on which the decision depends cannot be fulfilled without deciding. (c) If one's intention has to be ascertained on the basis of information about one's past performance, it is straightforwardly rational to intend to cooperate, but there is no reason to do so in a single-play PD. (d) The argument cannot be extended ton-person games which are Gauthier's principal concern. (shrink)

Kantian moral theories must explain how their most basic moral values of dignity and autonomy should be interpreted and applied to human conditions. One place Kantians should look for inspiration is, surprisingly, the utilitarian tradition and its emphasis on generally accepted, informally enforced, publicly known moral rules of the sort that help us give assurances, coordinate our behavior, and overcome weak wills. Kantians have tended to ignore utilitarian discussions of such rules mostly because they regard basic moral principles as a (...) priori requirements that cannot be tailored to human foibles and limitations. I argue that Kantian moral theories should incorporate public moral rules as mid-level moral requirements for embodied and socially embedded human agents. I explain how certain specific moral judgments about how we ought to act are justified by public moral rules, which are themselves justified by more fundamental moral requirements. (shrink)

It is commonly claimed that rule consequentialism (utilitarianism) collapses into act consequentialism, because sometimes there are benefits from breaking the rules. I suggest this argument is less powerful than has been believed. The argument requires a commitment to a very particular (usually implicit) account of feasibility and constraints. It requires the presupposition that thinking of rules as the relevant constraint is incorrect. Supposedly we should look at a smaller unit of choice—the single act—as the relevant choice variable. But once we (...) see feasibility as a matter of degree, there is no obvious cut-off point for how broadly we should think about the constraints on our choices. Treating “a bundle of choices” as a relevant free variable is no less defensible than treating “a single act” as the relevant free variable. Rule utilitarianism, rule consequentialism, and other rules-based approaches are stronger than their current reputation. (shrink)

The traditional exposition of Kantian ethical theory in the business ethics literature is abstract, esoteric, and impractical compared to the more usable presentations of utilitarianism. This situation can be improved by identifying and describing the conceptual dimensions of formalistic ethical reasoning, as contained in the interplay between case and principle, with examples from the business/society literature.

Decision-making typically requires judgments about causal relations: we need to know the causal effects of our actions and the causal relevance of various environmental factors. We investigate how several individuals' causal judgments can be aggregated into collective causal judgments. First, we consider the aggregation of causal judgments via the aggregation of probabilistic judgments, and identify the limitations of this approach. We then explore the possibility of aggregating causal judgments independently of probabilistic ones. Formally, we introduce the problem of causal-network aggregation. (...) Finally, we revisit the aggregation of probabilistic judgments when this is constrained by prior aggregation of qualitative causal judgments. (shrink)

An examination of its employment in ethical disputes reveals that the generalization argument (the question, 'What if everyone did x?') is not based upon utilitarian calculation and that its effectiveness depends upon the existence of institutions contrary to the ones it hypothesizes. The basis of moral valuation, therefore, remains in the actual institutions presupposed by the generalization argument rather than in the argument itself which is used exclusively against persons whose acts violate current institutional rules. It seeks to discourage such (...) acts by showing the un-desirability of institutions under which such acts would be permissible. (shrink)

Law and order ranks high among the values the State is thought to achieve. Civil disobedience is often condemned because it is held to threaten law and order. Several senses of 'order' are distinguished, which make clear why 'law' and 'order' are so often linked. It is then argued that the connection cannot always be made since the legal system may itself create disorder. Civil disobedience may contribute to greater order and a more stable legal system by helping to remove (...) these causes of disorder. Thus, civil disobedience is sometimes justifiable in terms of its contribution to law and order. (shrink)

The popularity of rule-consequentialism among philosophers has waxed and waned. Waned, mostly; at least lately. The idea that the morality that ought to claim allegiance is the ideal code of rules whose acceptance by everybody would bring about best consequences became the object of careful analysis about half a century ago, in the writings of J. J. C. Smart, John Rawls, David Lyons, Richard Brandt, Richard Hare, and others.1 They considered utilitarian versions of rule consequentialism but discovered flaws in the (...) view that attach to the wider consequentialist doctrine. In the eyes of many, the flaws were decisive. Brad Hooker has produced brilliant work that unsettles this complacent consensus.2 Over a period of several years he has produced a sustained and powerful defense of a version of rule consequentialism that does not obviously succumb to the criticisms that have been thought to render this doctrine a nonstarter. He acknowledges intellectual debts to Richard Brandt. But Hooker avoid certain excrescences in Brandt’s efforts to conceive of morality as an ideal code of rules. Most notably, Hooker eschews Brandt’s misguided attempt to derive some version of rule utilitarianism from an underlying commitment to some form of contractualism. Moreover, Hooker has worked to articulate a version of rule consequentialism in sufficient detail that one can see how the different parts of the doctrine hang together and how the best version of the.. (shrink)

Illness creates a range of negative emotions in patients including anxiety, fear, powerlessness, and vulnerability. There is much debate on the ‘therapeutic’ or ‘helping’ nurse–patient relationship. However, despite the current agenda regarding patient-centred care, the literature concerning the development of good interpersonal responses and the view that a satisfactory nursing ethics should focus on persons and character traits rather than actions, nursing ethics is dominated by the traditional obligation, act-centred theories such as consequentialism and deontology. I critically examine these theories (...) and the role of duty-based notions in both general ethics and nursing practice. Because of well-established flaws, I conclude that obligation-based moral theories are incomplete and inadequate for nursing practice. I examine the work of Hursthouse on virtue ethics’ action guidance and the v-rules. I argue that the moral virtues and a strong (action-guiding) version of virtue ethics provide a plausible and viable alternative for nursing practice. I develop an account of a virtue-based helping relationship and a virtue-based approach to nursing. The latter is characterized by three features: (1) exercising the moral virtues such as compassion; (2) using judgement; and (3) using moral wisdom, understood to include at least moral perception, moral sensitivity, and moral imagination. Merits and problems of the virtue-based approach are examined. I relate the work of MacIntyre to nursing and I conceive nursing as a practice: nurses who exercise the virtues and seek the internal goods help to sustain the practice of nursing and thus prevent the marginalization of the virtues. The strong practice-based version of virtue ethics proposed is context-dependent, particularist, and relational. Several areas for future philosophical inquiry and empirical nursing research are suggested to develop this account yet further. (shrink)

Despite the prevalence of the terms utilitarianism and utilitarian in the health care and health policy literature, anecdotal evidence suggests that authors are often not fully aware of the diversity of utilitarian theories, their principles, and implications. Further, it seems that authors often categorically reject utilitarianism under the assumption that it violates individual rights. The tendency of act utilitarianism to neglect individual rights is attenuated, however, by the diminishing marginal utility of wealth and the disutility of a protest by those (...) who are disadvantaged. In practice, act utilitarians tend to introduce moral rules and preserve traditional rules. At the same time, the tenability of rule utilitarianism is limited because it ultimately collapses into act utilitarianism or a deontological theory. Negative utilitarianism is a viable utilitarian variant only if we accept complete aversion to suffering, ie, if we disregard any forgone opportunities to increase pleasure. Finally, the adoption of preference utilitarianism requires us to accept the subjectivity of individual claims which may be perceived as unfair. (shrink)

The familiar issue of corporate social responsibility takes on a new topic. Added to the list of concerns from affirmative action and environmental integrity is their growing contributions to education. At first glance, the efforts may appear to be ordinary gestures of communal good will in terms of providing computers, sponsoring book covers, and interactive materials provided by Scholastic Magazine. A closer view reveals a targeted market of student life who are vulnerable to commercials placed in these formats. Among the (...) most effective corporate intervention is Channel One News. It offers a newsworthy show but with mandatory commercial viewing. This increasing trend of corporations intervening to assist schools that need more money and/or equipment is disingenuous.In this essay, I present the background of this commercialization of education and demonstrate the violations against student autonomy and integrity. Although there may be utilitarian merits to some interventions, I argue that these infringe upon the moral value of personhood. Advertising in schools in its current practice is immoral on deontological grounds. (shrink)

Utilitarianism focuses on the optimization of personal well being in ways that seems to make the practice of medicine irrelevant to the well being of the practitioners, unless given external incentives such as money or honor. Care based on indirect incentives is considered inferior to care motivated internally. This leads to the paradox of utilitarian care. Following Nozick's conceptual Pleasure Machine it is argued that in addition to the promotion of personal well being, people care about fulfilling their well being (...) in a world which is real, just, good, and beautiful. Complete mechanization of social and personal life in accordance with a strict utilitarian regime is also incompatible with the kind of world people desire, even if it promises more fulfillments in terms of personal well being. This explains the so-called Taurek-Parfit paradox, according to which sometimes ethics seems “to count the numbers” and sometimes not. The very pursuit of utilitarianism does not contribute to any personal life plan. The helping professions make the world a better place for us to live in, even though they do not necessarily bear directly on the well being of any individual other than the recipients of care. This resolves the paradox of utilitarian care. (shrink)

Critics of reliability theories of epistemic justificationoften claim that the `generality problem' is an insurmountabledifficulty for such theories. The generality problem is theproblem of specifying the level of generality at which abelief-forming process is to be described for the purposeof assessing its reliability. This problem is not asintractable as it seems. There are illuminating solutionsto analogous problems in the ethics literature. Reliabilistsought to attend to utilitarian approaches to choices betweeninfinite utility streams; they also ought to attend towelfarist approaches to social (...) choice situations that donot demand full aggregation of individual welfares.These analogies suggest that the traditional `single number'approach to reliability is misguided. I argue that a newapproach – the `vector reliability' approach – is preferable.Vector reliability theories associate target beliefs withreliability vectors – that is, structured collections ofreliability numbers – and construct criteria of epistemicjustification that appeal to these vectors. The bulk of thetheoretical labor involved in a reliability account of epistemicjustification is thus transferred from picking a uniquereliability number to constructing a plausible criterionof epistemic justification. (shrink)

Critics of reliability theories of epistemic justificationoften claim that the `generality problem' is an insurmountabledifficulty for such theories. The generality problem is theproblem of specifying the level of generality at which abelief-forming process is to be described for the purposeof assessing its reliability. This problem is not asintractable as it seems. There are illuminating solutionsto analogous problems in the ethics literature. Reliabilistsought to attend to utilitarian approaches to choices betweeninfinite utility streams; they also ought to attend towelfarist approaches to social (...) choice situations that donot demand full aggregation of individual welfares.These analogies suggest that the traditional `single number'approach to reliability is misguided. I argue that a newapproach – the `vector reliability' approach – is preferable.Vector reliability theories associate target beliefs withreliability vectors – that is, structured collections ofreliability numbers – and construct criteria of epistemicjustification that appeal to these vectors. The bulk of thetheoretical labor involved in a reliability account of epistemicjustification is thus transferred from picking a uniquereliability number to constructing a plausible criterionof epistemic justification. (shrink)

J.J.C. Smart famously complained that rule utilitarianism is incoherent, and that rule utilitarians are guilty of rule worship . Much has been said about whether Smart’s complaint is justified, but I will assume for the sake of argument that Smart was on to something. Instead, I have three other goals. First, I want to show that Smart’s complaint is a specific instance of a more general objection to a moral theory—what I will call the Incoherence Objection. Second, I want to (...) illustrate how the Incoherence Objection can apply both to consequentialist and, surprisingly, some nonconsequentialist theories. Finally, I want to demonstrate at least one way nonconsequentialist theories that make use of rules, principles, and the like can dodge the Incoherence Objection. (shrink)

Is it possible to reconcile a classical liberal approach to economics with a concern for the environment? The contributors to Economics and the Environment: A Reconciliation contend that it is. But they fail to distinguish properly between classical liberalism and a widespread orthodoxy in environmental policy communities in Europe and North America to the effect that economic instruments for environmental policy need more serious attention than they have hitherto received. Once this orthodoxy is distinguished from classical liberalism, the latter is (...) seen to be implausible. In particular, the classical liberal approach fails to deal with the practical and administrative problems involved in enforcing private property rights solutions to problems of environmental protection, wrongly generalizes from the failures of U.S. environmental policy to the failure of public regulation as such, and fails to take into account the claim that nature should be accorded intrinsic value. (shrink)

In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people commonly (...) thought to be bound to follow the rules by a duty of fair play is implausible. (shrink)

The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...) of fair play that emphasizes its similarities to another transactional principle: consent. This interpretation reveals that playing fair requires one to reciprocate specifically by following the rules of the cooperative scheme from which one benefits, just as consent requires one to act according to the terms of an agreement. I then draw on the comparison with consent to reply to some popular and persistent objections to the principle. (shrink)

As an indirect ethical theory, rule consequentialism first evaluates moral codes in terms of how good the consequences of their general adoption are and then individual actions in terms of whether or not the optimific code authorises them. There are three well-known and powerful objections to rule consequentialism’s indirect structure: the ideal world objection, the rule worship objection, and the incoherence objection. These objections are all based on cases in which following the optimific code has suboptimal consequences in the real (...) world. After outlining the traditional objections and the cases used to support them, this paper first constructs a new hybrid version of consequentialism that combines elements of both act and rule consequentialism. It then argues that this novel view has sufficient resources for responding to the previous traditional objections to pure rule consequentialism. (shrink)

Kant considers eudaimonism as his main opponent and he assumes that his ethics is the only viable alternative to eudaimonism. He does not explicitly address theories differing from both eudaimonism and from his own. I argue that whilst Kant and Act-Consequentialists advocate different normative principles, their positions share the important abstract feature that they establish what is to be done from a rational principle and not based on what is in the self-interest of the respective agent, as Kant thinks eudaimonism (...) does. Act-Consequentialism is thus closer to Kant’s ethics than is often assumed. I will demonstrate and vindicate this point with a new interpretation of the Fact of Reason. This reading also establishes that the notion of a Fact of Reason is less contentious than many of Kant’s critics believe. We should not expect that the Fact establishes Kantianism. Instead, the Fact is only supposed to count against a specific competing view of morality, namely, eudaimonism. Act-Consequentialists can accept the Fact as well. (shrink)

If we overlook no consequences when we assess the act, and no relevant features when we generalize, can it matter whether we ask 'What would happen if everyone did the same?' instead of 'What would happen if this act were performed?'? David Lyons has argued that it cannot. Two examples are here articulated to show that it can. The first turns on the way consequences are identified and assessed and in particular on the treatment accorded 'threshold consequences'. The second example (...) turns on the way in which the 'social context' of the act (what others would be doing) is taken into account in the generalization. Also included is a formal theory of conditionals from which implications are drawn for utilitarianism and with which I attempt to dispel certain doubts concerning cases employed in my arguments. (shrink)

Using a scenario approach involving hypothetical moral decisions, the study aims to (1) compare managerial professionals' ethicality judgments with those made by the general public, and (2) ascertain the roles of perceived intensity (Jones, 1991) as well as perceived fairness of the moral issue in judgments of ethicality. While the two respondent groups made similar ratings on variables of moral intensity, fairness, and ethicality; the evaluation processes underlying their ethicality judgments were different. Empirically, the study has also established a link (...) between judgments of fairness and judgments of ethicality. (shrink)

Within the theoretical framework of the moral intensity model of ethical decision making (Jones, 1991), two studies ascertained the contention that ethicality judgements are contingent upon the perceived intensity of the moral issue. In addition, Study 1 extended the validity of the moral intensity notion to whistle-blowing behaviour; Study 2 addressed the effect of the individual difference variable, need-for-cognition, on differential utilization of intensity dimensions in the ethical decision process. A scenario approach was used in both studies. Results have provided (...) convergent support for the issue-contingency nature of ethical decisions. Study 1 also showed that felt empathy for potential victims predicted the likelihood of whistle-blowing behaviour, and that the perceived overall ethicality of a wrongdoing predicted felt empathy when potential victims are psychologically and physically close. Results of Study 2 further suggested a greater utilization of issue-relevant information by high need-for-cognition individuals in ethical decision making. (shrink)

This paper claims that deontological and consequentialist ethics are best distinguished with reference to different assumptions concerning moral accountability and accounting. Deontological ethics can thereby be defended against the accusation of inordinate concern with the moral purity of agents. Moreover, deontological ethics can and should reject being based on the concept of agent-relative value. Even under the assumption that deontological ethics can be consequentialized, agent-relative value need not play a fundamental role. This is not the same as denying agent-relativity a (...) key role in deontological ethics. Deontological moral accounting of universal value should be regarded as agent-relative, whereas consequentialist accounting assumes a shared moral account of all moral agents. (shrink)

Ever since Jeremy Bentham wrote his scathing critique of the law of evidence, both philosophers and legal scholars have criticized the exclusionary rules of evidence, arguing that formal rules excluding entire classes of evidence for alleged unreliability violate basic epistemological maxims mandating that all relevant evidence be considered. Although particular pieces of evidence might be excluded as unreliable, they argue, it is a mistake to make such judgments for entire categories, as opposed to making them only in the context of (...) particular pieces of evidence offered for specific purposes. This paper challenges these claims, arguing that rule-based exclusions serve similar purposes to those served by rules in rule-consequentialist moral theories, and that, even more importantly, they are entirely consistent with the exclusionary nature of legal rules in general. Indeed, once we see the role that exclusionary rules might serve in legal epistemology, we can see that they might have a role to play in epistemic appraisal more generally. (shrink)

This paper comments on the conflict between ethical relativism and anthropologists’ concerns with rights, and tries to show that neither scientific objectivity nor respect for cultural diversity require denying an extracultural stance for ethical judgments.

The thesis of this paper is that consequentialism does not work as a comprehensive theory of right action. This paper does not offer a typical refutation, in that I do not claim that consequentialism is self-contradictory. One can with perfect consistency claim that the good is prior to the right and that the right consists in maximizing the good. What I claim, however, is that it is senseless to make such a claim. In particular, I attempt to show that the (...) notion of what course of action maximizes the good has no content within a consequentialist framework. Since the problem that I identify rests with maximization, this refutation does not cut across the act/rule distinction. If rule consequentialism holds that there are occasions on which one should follow a rule rather than violate the rule in an optimific way, then it is not maximizing and my arguments do not apply; if not, then it collapses into act consequentialism. I have nothing to say about nonmaximizing forms of consequentialism.1 This refutation does, however, cut across the direct/indirect distinction.2 It makes no difference whether we take consequentialism as offering a principle of decision, or a standard of right. Presumably the former would be parasitic upon the latter for its legitimacy. (shrink)

For a long time many philosophers felt the incoherence objection was a decisive objection to rule-consequentialism, but that position has recently become less secure, because Brad Hooker has offered a clever new way for rule-consequentialists to avoid the incoherence objection. Hooker’s response defeats traditional forms of the incoherence objection, but this paper argues that another version of the problem remains. Several possible solutions fail. One other does not, but it introduces other problems into the theory. I conclude that the new (...) incoherence objection still poses a major challenge to rule-consequentialism, though not for the reasons usually assumed. It does not constitute a fatal objection to rule-consequentialism but instead highlights a theoretical drawback in the theory which must be taken into account during a more holistic evaluation of rule-consequentialism and its rivals. (shrink)

I introduce a new formulation of rule consequentialism, defended as an improvement on traditional formulations. My new formulation cleanly avoids what Parfit calls “ideal world” objections. I suggest that those objections arise because traditional formulations incorporate counterfactual comparisons about how things could go differently. My new formulation eliminates those counterfactual comparisons. Part of the interest of the new formulation is as a model of how to reformulate structurally similar views, including various kinds of contractualism.

The author deals with one aspect of the justification of governmental action and its product (the law). He focuses on the authoritative character of legal rule, analyzing the apparent capacity of governments to produce reasons for action not grounded on substantive moral considerations. The assumption of that capacity seems necessary in order to establish a general moral obligation to obey a government irrespective of the actions required. This question is faced in connection with the thesis that only a particular form (...) of government, democracy, is morally justified insofar as it rests on legal rules issued by a legitimate source. (shrink)

Amartya Sen argues that it is not, after all, irrational to reverse preferences when your choices are amplified by an ‘irrelevant’ alternative. He offers examples such as the agent who always picks the next-to-largest piece of cake. Given a choice between a larger and smaller piece, I will prefer the smaller one. But when a third and largest piece in added to my alternatives, I will now prefer the formerly largest piece over the smallest piece. This violates ‘contraction consistency’: a (...) third alternative should not have made any difference in my preferences regarding the first two. Such examples are shown to rely on descriptions which omit features crucial to choice. These features, and all identifying features relevant to my decision, should be included in the descriptions of the alternatives. An adequate description does not smuggle norms into the overt act of choice, but it does include the non-normative characteristics without which my decision-rules, if any, cannot be applied. When alternatives are adequately described, Sen’s inconsistencies disappear. The result is a clearer and more resillent, but also less aggressive notion of behavioral consistency. (shrink)

Neste artigo, apresento uma solução possível para o clássico problema da aparente incompatibilidade entre o Princípio da Maior Felicidade de John Stuart Mill e seu Princípio da Liberdade, argumentando que na esfera "concernente aos outros" os julgamentos de experiência e o conhecimento acumulado através da história têm força moral e legal, enquanto na esfera "autoconcernente" os julgamentos dos experientes têm apenas valor prudencial, e a razão para isto é a ideia que cada um de nós é um juiz, melhor do (...) que qualquer outra pessoa, para decidir o que nos causa dor e que tipo de prazer preferimos (o assim chamado argumento epistemológico). Considerando que o Princípio da Maior Felicidade não é nada mais do que o agregado da felicidade de cada pessoa, levando em consideração o argumento epistemológico concluiríamos que, deixando as pessoas livres até mesmo para causar dano a elas mesmas, ainda estaríamos maximizando a felicidade, e então ambos os princípios (O Princípio da Maior Felicidade e o Princípio da Liberdade) poderiam ser compatíveis. In this article I present a possible solution for the classic problem of the apparent incompatibility between Mill's Greatest Happiness Principle and his Principle of Liberty arguing that in the other-regarding sphere the judgments of experience and knowledge accumulated through history have moral and legal force, whilst in the self-regarding sphere the judgments of the experienced people only have prudential value and the reason for this is the idea according to which each of us is a better judge than anyone else to decide what causes us pain and which kind of pleasure we prefer (the so-called epistemological argument). Considering that the Greatest Happiness Principle is nothing but the aggregate of each person's happiness, given the epistemological claim we conclude that, by leaving people free even to cause harm to themselves, we still would be maximizing happiness, so both principles (the Greatest Happiness Principle and the Principle of Liberty) could be compatible. (shrink)

Economic concepts and methods are used to throw light on some aspects of common-sense ethics and the difference between it and Utilitarianism. (1) Very few exceptions are allowed to the rules of common-sense ethics, because of the cost of information required to justify an exception to Conscience and to other people. No such stringency characterizes Utilitarianism, an abstract system constructed by philosophers. (2) Rule Utilitarianism is neither consistent with common-sense ethics, nor does it maximize utility as has been claimed for (...) it. The same is true of more recent variants of Utilitarianism. (3) Second best and first best are usually identical in common-sense ethics. They are often identical in Utilitarianism when a moral situation can be represented by a Prisoner's Dilemma. However, problems arise in permissive forms of Utilitarianism when it is not obvious that second best should be applied. (shrink)

En el Critón de Platón se recurre a un interesante argumento utilitarista para justificar la obligación política de los ciudadanos. El argumento sostiene que la violación de las leyes lleva a la destrucción de cualquier sistema jurídico y acarrea resultados perjudiciales para los miembros de la comunidad. En este trabajo realizaremos un análisis crítico del argumento bajo los postulados de tres corrientes utilitaristas: el utilitarismo de acto, la generalización utilitarista y el utilitarismo de regla. Veremos cómo esta clase de argumentación (...) presenta algunos inconvenientes a la hora de justificar la obediencia al derecho. Una vez realizado este estudio se propondrá otra interpretación complementaria sobre el significado del pasaje, en la que se destacará su costado retórico forense y la idea de la autoridad del derecho. (shrink)

In his impressive and wide?ranging new book, Sources of the Self, Charles Taylor argues that modern moral philosophy, at least within the Anglo?American tradition, . offers a ?cramped? view of morality. Taylor attributes this problem to three distinctive features of contemporary moral theory ? its commitment to procedural rather than substantive rationality, its preference for basic reasons rather than qualitative distinctions, and its belief in the priority of the right over the good. According to Taylor, the result of these features (...) is that contemporary moral theories cannot explain the nature of a worthwhile life, or the grounds for moral respect. Indeed, they render these questions unintelligible. I argue that Taylor has misunderstood the basic structure of most modern moral theory, which seeks to relocate, rather than suppress, these important questions. In particular, he fails to note the difference between general and specific conceptions of the good, between procedures for assessing the good and specific outcomes of that procedure, and between society's enforcement of morality and an individual's voluntary compliance with morality. Each of these distinctions plays an important role in contemporary moral theory. Once they are made explicit, it is clear that many contemporary theorists operate with a more sophisticated account of moral sources than Taylor attributes to them. (shrink)

The principle of fairness holds that individuals (beneficiaries) who benefit from a cooperative scheme of others (cooperators) have an obligation to do their share in return for their benefit. The original proponent of this principle, H. L. A. Hart suggests ‘mutuality of restrictions’ as a moral basis because it is fair to mutually restrict the freedom of both beneficiaries and cooperators; so called the fairness obligation. This paper explores ‘mutuality of restrictions’, which is interpreted as a right-based and an equality-based (...) justification of the fairness obligation. It is not argued whether both ways of justifying the obligation makes a success, but that they are in need of presupposing that there is a duty for beneficiaries to do their share in return for their benefit. This suggests turning to a duty-based justification of the fairness obligation. (shrink)

Rule consequentialism (RC) is the view that it is right for A to do F in C if and only if A's doing F in C is in accordance with the the set of rules which, if accepted by all, would have consequences which are better than any alternative set of rules (i.e., the ideal code). I defend RC from two related objections. The first objection claims that RC requires obedience to the ideal code even if doing so has disastrous (...) results. Though some rule consequentialists embrace a disaster-clause which permits agents to disregard some of the rules in the ideal code as a necessary means of avoiding disasters, they have not adequately explained how this clause works. I offer such an explanation and show how it fits naturally with the rest of RC. The second disaster objection asserts that even if RC can legitimately invoke a disaster-clause, it lacks principled grounds from distinguishing disasters from non-disasters. In response, I explore Hooker's suggestion that “disaster” is vague. I contend that every plausible ethical theory must invoke something similar to a disaster clause. So if “disaster” is vague, then every plausible ethical theory faces a difficulty with it. As a result, this vagueness is not a reason to prefer other theories to RC. However, I argue, contra Hooker, that the sense of “disaster” relevant to RC is not vague, and RC does indeed have principled grounds to distinguish disasters from nondisasters. (shrink)

Rule consequentialism (RC) holds that the rightness and wrongness of actions is determined by an ideal moral code, i.e., the set of rules whose internalization would have the best consequences. But just how many moral codes are there supposed to be? Absolute RC holds that there is a single morally ideal code for everyone, while Relative RC holds that there are different codes for different groups or individuals. I argue that Relative RC better meets the test of reflective equilibrium than (...) Absolute RC. In particular, I contend that Relative RC is superior because it accommodates our convictions about costless benefits. Some have charged that Relative RC threatens our convictions about the generality of moral codes and that it leads inevitably to what Brad Hooker calls “runaway relativism.” I argue that Relative RC has principled reasons for stopping this imagined slide down the slippery slope. (shrink)

Thomson's goal in presenting her famous Trolley problem is to evince an explanatory weakness in the principle that killing is worse than letting die. Along the way, she tries to evince a similar weakness in the Kantian principle forbidding the use of people as mere means (henceforth: the Kantian prohibition). However, Thomson's negative assessment of the Kantian prohibition is unwarranted, and that is what this paper aims to show. The paper is divided into three sections. In the first, I introduce (...) the Kantian prohibition on using persons as mere means. In the second, I explain where the Trolley problem gets onto the wrong track. To do so, I shall engage with Kleingeld's recent and ingenious Kantian contribution to the trolley problem literature. In the third, I sketch some of what is needed for a Kantian solution to the Trolley problem. (shrink)

In Harry Frankfurt’s seminal “Alternate Possibilities and Moral Responsibility,” he advances an argument against the Principle of Alternate Possibilities: if an agent is responsible for performing some action, then she is able to do otherwise. However, almost all of the Frankfurt cases in this literature involve impermissible actions. In this article, I argue that the failure to consider other deontic categories exposes a deep problem, one that threatens either to upend much current moral theorizing or to upend the relevance of (...) Frankfurt cases. (shrink)