This book presents a selection of theoretical and applied texts of Richard Hare, as well as an appendix which includes several fundamental studies for the understanding of the ethics of 20th century.

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)

One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning political matters. Despite this agreement about the general nature (...) of what is being searched for, a broad division has arisen between political obligation theorists - there are some who take political obligations to actually exist and there are some who take there to be no general political obligation. While there is debate within the camp defending political obligation about what it is that generates the obligations, the common core of all "defender theories" is the fundamental idea that one has a moral requirement to support and obey the political institutions of one's country. Despite utilitarianism's status as one of the major ethical theories, historically, it has largely been dismissed by theorists concerned with political obligation. Within the contemporary debate it is generally accepted that utilitarianism cannot adequately accommodate a robust theory of political obligation. The overarching objective of this dissertation is to challenge this general dismissal of a utilitarian account and to build upon the two accounts which have been developed in offering a robust utilitarian theory of political obligation which can be considered a competitor to the other contemporary theories. However, as this utilitarian account of political obligation develops, the possibility will also emerge for a non-antagonistic relationship between the utilitarian theory on offer and the contemporary political obligation debate. The moral reasons posited by the traditional theories of political obligation can be included in and accommodated by my utilitarian account. The utilitarian account of political obligation can accept that there are many types of reasons explaining why broad expectations concerning individual and group behavior are created, and each type of reason can be understood as supporting the utilitarian claim that there are moral reasons for following the laws and supporting legitimate political authorities. Taken all together, my arguments will take the form of a three tiered response to the prevailing opinion that any utilitarian attempt to account for political obligations is doomed. The first tier contends that the utilitarian can consistently claim that there are moral reasons to follow the law. This is not a particularly strong claim, but it is one which has been denied by the vast majority of political theorists. The second tier of my argument addresses this apparent issue by contending that even the traditional deontological accounts of political obligation are not offering more than this. Lastly, it is contended that, given the contingent features of humans, the strength of the utilitarian political obligations is comparable to other accounts' analyses of the obligations. (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)

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)

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)

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)

This dissertation shows how initial conditions play a special role in the explanation of contingent and irregular outcomes, including, in the form of geographic context, the special case of uneven development in the social sciences. The dissertation develops a general theory of this role, recognizes its empirical limitations in the social sciences, and considers how it might be applied to the question of uneven development. The primary purpose of the dissertation is to identify and correct theoretical problems in the study (...) of uneven development; it is not intended to be an empirical study. Chapter 1 introduces the basic problem, and discusses why it has become especially salient in debates concerning uneven development. Chapter 2 develops an argument for the importance of initial conditions in the philosophy of science, developed specifically in the context of the Bhaskar/Cartwright ‘open systems’ (and by extension, ‘exogenous factor’) emphasis on the ubiquity of contingency in the universe and rejection of explanation based on laws of nature (regularity accounts) of causation. Chapter 3 makes three claims concerning the concept of contingency, especially as related to the study of society: 1) that there are eight distinct uses of the word contingency, and its many meanings are detrimental to clarity of discussion and thought in history and the social sciences; 2) that it is possible to impose some order on these different uses through developing a classification of contingency into three types based on assumptions concerning possible worlds and determinism; 3) that one of the classes is a special use of the word without relevance to the social sciences, while the two remaining classes are nothing more than a variety of the ‘no hidden factors’ argument in the debate on indeterminism and determinism (and thus related to the concept of spacetime trajectories caused by initial conditions and the interference of these in the form of ‘exogenous factors’ with ‘open systems’). Chapter 4 The concept of explanation based on initial conditions together with laws of nature is widely associated with determinism. In the social sciences determinism has frequently been rejected due to the moral dilemmas it is perceived as presenting. Chapter 4 considers problems with this view. Chapter 5 considers attitudes among geographers, economists, and historians towards using geographic factors as initial conditions in explanation and how they might acceptably be used, in particular their role in ‘anchoring’ aspatial theories of social processes to real-world distributions. Chapter 6 considers the relationship of the statistical methods common in development studies with the trend towards integrating geographical factors into econometric development studies. It introduces the statistical argument on ‘apparent populations’ that arrives at conclusions concerning determinism consistent with Chapters 2 and 3 of the dissertation. The need for the visual interpretation of data with descriptive statistics and maps and their utility in the study of uneven development is discussed with a number of examples. Chapter 7 applies these concepts to the ‘institutions versus geography’ debate in development studies, using Acemoglu, Johnson and Robinson’s 2002 ‘reversal of fortune’ argument as a primary example. Chapter 8 considers possible directions for future work, both theoretical and empirical. Chapter 9 concludes with a discussion of additional possible objections to the use of initial conditions as exogenous factors in explanation. (shrink)

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)

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)

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)

This paper addresses issues raised by recent discussion in normative ethics which concern relations between properties of individual actions and of certain groups of actions. First, an ambiguity common to ?everyone can? and ?everyone ought? is examined. Next, a similar ambiguity in talk about consequences is studied; here several procedures for identifying and evaluating consequences are compared. Then a notation that untangles the ambiguities is presented. Next, this notation is employed in an analysis of Marcus Singer's deduction of his generalization (...) argument. Finally, there is a study of the question as to whether or not conflicts are possible between Singer's generalization argument and the dictates of consequences of individual actions. The findings are that such conflicts are or are not possible depending upon how a certain restriction on generalization arguments is interpreted, and that in either case the proponent of generalization arguments is faced with problems. (shrink)

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)

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)

The concepts of 'ethical' and 'socially responsible' investment (SRI) have become increasingly popular in recent years and funds which offer this kind of investment have attracted many individual inve... merstors. The present book addresses the issue of 'How ought one to invest?' by critically engaging with the ideas of the proponents of this movement about what makes 'ethical' investing ethical. The standard suggestion that ethical investing simply consists in refraining from investing in certain 'morally unacceptable companies' is criticised for being (...) both too rigid (often resting on absolute moral rules which lead to an austere conclusion) and too ineffective for individual investors (investors who after all control only a small part of the investment universe). Furthermore, the idea that ethical investing could consist in engaging more actively with the companies one invests in, in order to make them change their ways and become more socially responsible, is criticised for being just as ineffective for individual investors. Some more radical alternatives are elaborated on and defended - for instance, the suggestion that investors should make as much money from their investments as possible and then donate the proceeds to socially worthwhile charities. From similar suggestions, the common idea that there is no conflict between morality and profitability, or that genuinely ethical investing can be just as profitable as mainstream investing, is criticised for being too naïve. Making a difference may indeed require personal sacrifice of investors, but it is argued that the needs of the possible recipients of philanthropy are morally more important than the luxury of investment returns. (shrink)

In this paper we present an account of practical rationality and weakness of will in terms of rational capacities. We show how our account rectifies various shortcomings in Michael Smith's related theory. In particular, our account is capable of accommodating cases of weak-willed behaviour that are not `akratic', or otherwise contrary to the agent's better judgement. Our account differs from Smith's primarily by incorporating resolve: a third rational capacity for resolute maintenance of one's intentions. We discuss further two ways to (...) explain the importance of resolve to practical rationality: one based on Richard Holton's recent work, and an alternative, non-consequentialist account. (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)

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)

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.

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)

The purpose of this paper is to show how some of the controversial questions concerning utilitarianism can be clarified by the modelling techniques and the other analytical tools of decision theory (and, sometimes, of game theory). It is suggested that the moral rules of utilitarian ethics have a logical status similar to that of the normative rules (theorems) of such formal normative disciplines as decision theory and game theory.The paper argues that social utility should be defined, not in hedonistic or (...) in ideal-utilitarian terms, but rather in terms of individual preferences, in accordance with the author's equiprobability model of moral value judgments. (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)

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)

David lyons has recently argued that mill's ethics is an alternative to both act and rule utilitarianism. In the first part of this paper I argue that lyons makes mill out to be far too much of a rule utilitarian. The second part of the article then provides an account of mill's theory of moral rules based on an analysis of the four functions rules serve in his ethics. On this reading mill's theory is a hybrid of act and rule (...) utilitarianism: violation of a moral rule is a necessary but not a sufficient condition for wrongdoing. (shrink)

This paper examines the perceived ethics of advertisers and the general public relative to three ethical concepts. Based on the survey findings, it can be concluded that with regard to the ethically-laden concepts of manipulation, exploitation, and deviousness, advertisers are perceptually as ethical as the general public. The research also clarifies some of the differences between ethics and Machiavellianism.

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.

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)

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)

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)

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)

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)

In this paper I highlight and discuss a problem for Kant’s conception of the categorical imperative that arises from the possibility of a differently fine-grained individuation of act types in the formation of maxims. The “Problem from the Manifold of Possible Maxims”, as it might be called, further develops and exacerbates the well-known “Problem of Relevant Descriptions.” In particular, I argue that there are cases in which the same act can be performed both under a universalizable and under a non-universalizable (...) maxim. But then Kant’s moral theory implies, given the necessity of moral truths, that there are acts that are both permissible and impermissible. The discussion reveals that a limitation of the notion of maxims sufficient to rule out a heterogeneous evaluation of two maxims that can underlie the same action is impossible without ad hoc stipulations. Consequently, a modification of Kant’s moral theory is required to at least ensure it’s consistency. The investigation ends with a discussion of two such modifications: First, I examine the suggestion of determining the moral status of actions only relative to some maxim and abandoning the assumption that actions are permissible or impermissible tout court. Such a move, however, is too deep an intervention in Kant’s moral philosophy to count as a suitable modification and, as I will show, faces serious problems on its own. I then discuss the possibility of modifying Kant’s universalization formula so that it quantifies not merely over actual maxims, but over all possible maxims. Although this proposed solution is also problematic, it turns out to be the most promising approach in the context of this investigation. __________________________________________________________________ Zusammenfassung: Diese Untersuchung widmet sich einem Problem, das sich für Kants Konzeption des kategorischen Imperativs aus der Möglichkeit einer unterschiedlich feinkörnigen Individuation von Handlungstypen bei der Bildung von Maximen ergibt. Das hier präsentierte Argument aus der Mannigfaltigkeit möglicher Maximen entwickelt das bekannte „Problem of Relevant Descriptions“ weiter und verschärft es. Ich argumentiere, dass es Fälle gibt, in denen dieselbe Handlung sowohl unter einer universalisierbaren als auch unter einer nicht universalisierbaren Maxime vollzogen werden kann, sodass Kants Moraltheorie, unter der Annahme der Notwendigkeit moralischer Tatsachen, impliziert, dass es Handlungen gibt, die zugleich erlaubt und nicht erlaubt sind. Die Diskussion ergibt, dass eine hinreichende Begrenzung des Maximenbegriffs für das Ausschließen eines heterogenen Auswertungsergebnisses zweier Maximen, die derselben Handlung zugrunde liegen können, ohne ad hoc-Bestimmungen unmöglich ist. Folglich ist eine Modifikation von Kants Moraltheorie erforderlich, um zumindest ihre Konsistenz sicherzustellen. Die Untersuchung endet mit der Diskussion zweier solcher Modifikationen: Zunächst untersuche ich den Lösungsvorschlag, den moralischen Status von Handlungen nur Maximen-relativ zu bestimmen und die Annahme aufzugeben, dass Handlungen tout court erlaubt oder verboten sind. Ein solcher Schritt stellt jedoch einen tiefen Eingriff in Kants Moralphilosophie dar und geht, wie ich zeigen werde, seinerseits mit gravierenden Problemen einher. Anschließend diskutiere ich die Möglichkeit, die Universalisierungsformel des kategorischen Imperativs dahingehend zu modifizieren, dass sie nicht bloß über aktuale, sondern über alle möglichen Maximen quantifiziert. Obgleich auch dieser Lösungsvorschlag problembehaftet ist, erweist er sich im Rahmen dieser Untersuchung als der aussichtsreichste Ansatz. (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.

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)

I explore the debate about whether consequentialist theories can adequately accommodate the moral force of promissory obligation. I outline a straightforward act consequentialist account grounded in the value of satisfying expectations, and raise and assess three objections to this account: that it counterintuitively predicts that certain promises should be broken when commonsense morality insists that they should be kept, that the account is circular, and Michael Cholbi’s argument that this account problematically implies that promise-making is frequently obligatory. I then discuss (...) alternative act consequentialist accounts, including Philip Pettit’s suggestion that promise-keeping is an intrinsic good and Michael Smith’s agent-relative account. I outline Brad Hooker’s rule consequentialist account of promissory obligation and raise a challenge for it. I conclude that appeals to intuitions about cases will not settle the dispute, and that consequentialists and their critics must instead engage in substantive debate about the nature and stringency of promissory obligation. (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)

By considering what we identify as a problem inherent in the ‘nature of the firm’—the risk of abuse of authority—we propound the conception of a social contract theory of the firm which is truly Rawlsian in its inspiration. Hence, we link the social contract theory of the firm with the general theory of justice. Through this path, we enter the debate about whether firms can be part of Rawlsian theory of justice showing that corporate governance principles enter the “basic structure.” (...) Finally, we concur with Sen’s aim to broaden the realm of social justice beyond what he calls the ‘transcendental institutional perfectionism’ of Rawls’ theory. We maintain the contractarian approach to justice but introduce Sen’s capability concept as an element of the constitutional and post-constitutional contract model of institutions with special reference to corporate governance. Accordingly, rights over primary goods and capabilities are granted by the basic institutions of society, but many capabilities have to be turned into the functionings of many stakeholders through the operation of firms understood as post-constitutional institutional domains. The constitutional contract on the distribution of primary goods and capabilities should then shape the principles of corporate governance so that at post-constitutional level anyone may achieve her/his functionings in the corporate domain by exercising such capabilities. In the absence of such a condition, post-constitutional contracts would distort the process that descends from constitutional rights and capabilities toward social outcomes. (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)

We present a new “reason-based” approach to the formal representation of moral theories, drawing on recent decision-theoretic work. We show that any moral theory within a very large class can be represented in terms of two parameters: a specification of which properties of the objects of moral choice matter in any given context, and a specification of how these properties matter. Reason-based representations provide a very general taxonomy of moral theories, as differences among theories can be attributed to differences in (...) their two key parameters. We can thus formalize several distinctions, such as between consequentialist and non-consequentialist theories, between universalist and relativist theories, between agent-neutral and agent-relative theories, between monistic and pluralistic theories, between atomistic and holistic theories, and between theories with a teleological structure and those without. Reason-based representations also shed light on an important but under-appreciated phenomenon: the “underdetermination of moral theory by deontic content”. (shrink)

In the fourteenth paragraph of the fifth chapter of Utilitarianism, J. S. Mill writes that ‘We do not call anything wrong, unless we mean to imply that a person ought to be punished in some way or other for doing it; if not by law, by the opinion of his fellow-creatures; if not by opinion, by the reproaches of his own conscience.’ I criticize the attempts of three commentators who have recently presented act-utilitarian readings of Mill – Roger Crisp, David (...) Brink, and Piers Norris Turner – to accommodate this passage. (shrink)