Abstract: In earlier work, I argued that individuals have a right to own firearms for personal defense, and that as a result, gun prohibition would be unjustified unless it at least produced benefits many times greater than its costs. Here, I defend that argument against objections posed by Nicholas Dixon and Jeff McMahan to the effect that the right of citizens to be free from gun violence counterbalances the right of self-defense, and that gun prohibition does not violate the right (...) of self-defense because it renders everyone overall safer. (4258 words). (shrink)

This paper explores early Australasian philosophy in some detail. Two approaches have dominated Western philosophy in Australia: idealism and materialism. Idealism was prevalent between the 1880s and the 1930s, but dissipated thereafter. Idealism in Australia often reflected Kantian themes, but it also reflected the revival of interest in Hegel through the work of ‘absolute idealists’ such as T. H. Green, F. H. Bradley, and Henry Jones. A number of the early New Zealand philosophers were also educated in the idealist tradition (...) and were influential in their communities, but produced relatively little. In Australia, materialism gained prominence through the work of John Anderson, who arrived in Australia in 1927, and continues to be influential. John Anderson had been a student of Henry Jones, who might therefore be said to have influenced both main strands of Australian philosophical thought. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

There are few moral convictions that enjoy the same intuitive plausibility and level of acceptance both within and across nations, cultures, and traditions as the conviction that, normally, it is morally wrong to kill people. Attempts to provide a philosophical explanation of why that is so broadly fall into three groups: Consequentialists argue that killing is morally wrong, when it is wrong, because of the harm it inflicts on society in general, or the victim in particular, whereas personhood and human (...) dignity accounts see the wrongness of killing people in its typically involving a failure to show due respect for the victim and his or her intrinsic moral worth. I argue that none of these attempts to explain the wrongness of killing is successful. Consequentialism generates too many moral reasons to kill, cannot account for deeply felt and widely shared intuitions about the comparative wrongness of killing, and gives the wrong kind of explanation of the wrongness of killing. Personhood and human dignity accounts each draw a line that is arbitrary and entirely unremarkable in terms of empirical reality, and hence ill-suited to carry the moral weight of the difference in moral status between the individuals below and above it. Paying close attention to the different ways in which existing accounts fail to convince, I identify a number of conditions that any plausible account of the wrongness of killing must meet. I then go on to propose an account that does. I suggest that the reason that typically makes killing normal human adults wrong equally applies to atypical human beings and a wide range of non-human animals, and hence challenge the idea that killing a non-human animal is normally easier to justify than killing a human being. This idea has persisted in Western philosophy from Aristotle to the present, and even progressive moral thinkers and animal advocates such as Peter Singer and Tom Regan are committed to it. I conclude by discussing some important practical implications of my account. (shrink)

For millennia, philosophers have speculated about the origins of ethics. Recent research in evolutionary psychology and the neurosciences has shed light on that question. But this research also has normative significance. A standard way of arguing against a normative ethical theory is to show that in some circumstances the theory leads to judgments that are contrary to our common moral intuitions. If, however, these moral intuitions are the biological residue of our evolutionary history, it is not clear why we should (...) regard them as having any normative force. Research in the neurosciences should therefore lead us to reconsider the role of intuitions in normative ethics. (shrink)

This is a defense of John Stuart Mill’s proof of the principle of utility in the fourth chapter of his Utilitarianism. The proof is notorious as a fallacious attempt by a prominent philosopher, who ought not to have made the elementary mistakes he is supposed to have made. This book shows that he did not. The aim is not to glorify utilitarianism, in a full sweep, as the best normative ethical theory, or even to vindicate, on a more specific level, (...) Mill’s universalistic ethical hedonism as the best form of utilitarianism. The book is concerned only with Mill’s utilitarianism, and primarily with his proof of the principle of utility. The purpose is to show that Mill proceeds intelligibly and systematically in pursuing a well-defined project in the fourth chapter of Utilitarianism, and that he successfully defends what he sets out to establish in his proof of the principle of utility. (shrink)

In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. The practice is widely condemned by courts, which strenuously attempt to prevent it. Nevertheless, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing (...) unjust harms to others, jurors are often morally obligated to disregard the law. (~7400 words). (shrink)

A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...) and the ethical realism of Rai Gaita and Catholic philosophers. In addition to strict philosophy, the book treats non-religious moral traditions to train virtue, such as Freemasonry, civics education and the Greek and Roman classics. (shrink)

When it comes to epistemic normativity, should we take the good to be prior to the right? That is, should we ground facts about what we ought and ought not believe on a given occasion in facts about the value of being in certain cognitive states (such as, for example, the value of having true beliefs)? The overwhelming answer among contemporary epistemologists is “Yes, we should.” This essay argues to the contrary. Just as taking the good to be prior to (...) the right in ethics often leads one to sanction implausible trade-offs when determining what an agent should do, so too, this essay argues, taking the good to be prior to the right in epistemology leads one to sanction implausible trade-offs when determining what a subject should believe. Epistemic value—and, by extension, epistemic goals—are not the explanatory foundation upon which all other normative notions in epistemology rest. (shrink)

This paper draws some bold conclusions from modest premises. My topic is an old one, the Neohumean view of practical rationality. First, I show that this view consists of two independent claims, instrumentalism and subjectivism. Most critics run these together. Instrumentalism is entailed by many theories beyond Neohumeanism, viz. by any theory that says rational actions maximize something. Second, I give a new argument against instrumentalism, using simple counterexamples. This argument systematically undermines consequentialism and rational choice theory, I show, using (...) detailed examples of their many social science applications. There is no obvious fix. (shrink)

While there is a vast philosophical literature exploring the conditions under which it is appropriate to hold individuals morally responsible for their actions, relatively little attention has been paid to the related question of which kinds of individuals merit these responsibility ascriptions. Under normal circumstances, typical adult human beings are held morally responsible for their behaviour but infants and nonhuman animals are not. In this thesis, I aim to account for this difference. That is, I aim to give an analysis (...) of the concept of moral agency. In Chapter One, I begin with a schema of moral agency, under which moral agents are characterised by the possession of certain abilities, enabling certain actions, for which certain responses are warranted. The literature on moral responsibility offers many ways of filling in these details, primarily by specifying the relevant agential abilities in terms of various responsibility conditions. My aim in this chapter is to offer a basic account, under which moral agents are characterised by the simplest possible abilities while still being appropriate targets of the relevant responses, such as praise and blame. I draw on the work of Nomy Arpaly, whose account of moral responsibility identifies the relevant ability as the ability to act out of good or ill will. I offer an analysis of this ability, under which basic moral agency is characterised by the ability to have desires about others’ mental states. In Chapter Two, I consider a range of alternative responsibility conditions offered by other philosophers, each of which appears to be necessary for moral agency. I argue that these conditions are not necessary for a basic account of moral agency. In Chapter Three, I move beyond basic moral agency to offer a more restrictive account that aims to capture other important aspects of our moral lives: the practice of justification and our ability to improve our moral character. I claim these aspects are underpinned by the use of moral reasons to guide our behaviour, and in contrast to moral motivation, this guidance is characterised by the ability to have beliefs about the desirability of actions. In Chapter Four, I aim to answer two questions: at what age do humans become moral agents, and are there any nonhuman animals who are moral agents. I draw on the work of Josef Perner, who offers a three-stage framework of the development of mental representation during childhood. I consider the conceptual coherence of this framework, its applicability to both accounts of moral agency developed in the thesis, and the empirical evidence that bears on the framework. As a result, I tentatively conclude that basic moral agency develops at around 18 months of age and may be present in a few species of nonhuman animal, whereas the more restrictive type of moral agency developed in Chapter Three develops no earlier than around 3.5 years of age and is restricted to human beings. (shrink)

Zahra Thani & Derek Anderson ABSTRACT: Third-order exclusion is a form of epistemic oppression in which the epistemic lifeway of a dominant group disrupts the epistemic agency of members of marginalized groups. In this paper we apply situated perspectives in order to argue that philosophy as a discipline imposes third-order exclusions on members of marginalized ….

My aim in this paper is to provide an effective counterexample to consequentialism. I assume that traditional counterexamples, such as Transplant (A doctor should kill one person and transplant her organs to five terminal patients, thereby saving their lives) and Judge (A judge should sentence to death an innocent person if he knows that an outraged mob will otherwise kill many innocent persons), are not effective, for two reasons: first, they make unrealistic assumptions and, second, they do not pass the (...) rule‐consequentialist institutional test. My example (The Moral Murderer), instead, assumes a realistic empirical framework and the relevant action does not undermine basic social institutions. On the contrary, it reinforces them. In The Moral Murderer, Tom (an adult male) is morally allowed to murder a person (preferably a woman) in order to be punished to death. (shrink)

With respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. People use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. These judgments are highly relevant not only to morality, but to law and politics as well. Examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the (...) act/omission distinction. In all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. One implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. Another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. The idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. Moral framing effects, including those in the context of obligations to future generations, are also discussed. (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)

Utilitarianism has been able to respond to many of the objections raised against it by undertaking a major revision of its theory. Basically, this consisted of recognising that its early normative propositions were only viable for agents very different from flesh-and-blood humans. They then deduced that, given human limitations, it was most useful for everyone if moral agents did not behave as utilitarians and habitually followed certain rules. Important recent advances in neurotechnology suggest that some of these human limitations can (...) be overcome. In this article, after presenting some possible neuro-enhancements, we seek to answer the questions, first, of whether they should be accepted by a utilitarian ethic and, second, if accepted, to what extent they would invalidate the revision that allowed them to escape the objections. (shrink)

Several different Bayesian models of epistemic utilities (see, e. g., [37], [24], [40], [46]) have been used to explain why it is rational for scientists to perform experiments. In this paper, I argue that a model-suggested independently by Patrick Maher [40] and Graham Oddie [46]-that assigns epistemic utility to degrees of belief in hypotheses provides the most comprehensive explanation. This is because this proper scoring rule (PSR) model captures a wider range of scientifically acceptable attitudes toward epistemic risk than the (...) other Bayesian models that have been proposed. I also argue, however, that even the PSR model places unreasonably tight restrictions on a scientist's attitude toward epistemic risk. As a result, such Bayesian models of epistemic utilities fail as normative accounts-not just as descriptive accounts (see, e. g., [31], [14])-of scientific inquiry. (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)

Professor Procrastinate receives an invitation to review a book. Best would be to accept it and then write the review. But if he accepts it, he will never get around to writing. And this would be worse than declining. Should he accept? Possibilists say yes, Actualists say no, and I say we need more information. In particular, we lack some information about the level of goodness of the various options. For example, we lack information regarding how much better it would (...) be to accept and write than it would be to decline. In the course of defending my view, I discuss its implications for ethical theory and our everyday actions. (shrink)

Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...) wholly reject this notion of moral responsibility because they believe it to be incoherent or impossible. Others maintain that, though possible, our best philosophical and scientific theories about the world provide strong and compelling reasons for adopting skepticism about moral responsibility. What all varieties of moral responsibility skepticism share, however, is the belief that the justification needed to ground basic desert moral responsibility and the practices associated with it—such as backward-looking praise and blame, punishment and reward (including retributive punishment), and the reactive attitudes of resentment and indignation—is not met. Versions of moral responsibility skepticism have historically been defended by Spinoza, Voltaire, Diderot, d’Holbach, Priestley, Schopenhauer, Nietzsche, Clarence Darrow, B.F. Skinner, and Paul Edwards, and more recently by Galen Strawson, Derk Pereboom, Bruce Waller, Neil Levy, Tamler Sommers, and Gregg D. Caruso. -/- Critics of these views tend to focus both on the arguments for skepticism about moral responsibility and on the implications of such views. They worry that adopting such a view would have dire consequences for our interpersonal relationships, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in moral responsibility would undermine morality, leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and destroy meaning in life. Optimistic skeptics, however, respond by arguing that life without free will and basic desert moral responsibility would not be as destructive as many people believe. These optimistic skeptics argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. They further maintain that morality and moral judgments would remain intact. And although retributivism and severe punishment, such as the death penalty, would be ruled out, they argue that the imposition of sanctions could serve purposes other than the punishment of the guilty—e.g., it can also be justified by its role in incapacitating, rehabilitating, and deterring offenders. (shrink)

In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. Though the practice is widely condemned by courts, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing unjust harms to others, jurors are (...) often morally obligated to disregard the law. (shrink)

Reliabilism—the view that a belief is justified iff it is produced by a reliable process—is often characterized as a form of consequentialism. Recently, critics of reliabilism have suggested that since it is a form of consequentialism, reliabilism condones a variety of problematic trade-offs involving cases where someone forms an epistemically deficient belief now that will lead her to more epistemic value later. In the present paper, we argue that the relevant argument against reliabilism fails because it equivocates. While there is (...) a sense in which reliabilism is a kind of consequentialism, it is not of a kind on which we should expect problematic trade-offs. (shrink)

The new biotechnology raises expectations for modifying human behaviour through its use. This article focuses on the ethical analysis of the not so remote possibility of rehabilitating criminals by means of neurotechnological techniques. The analysis is carried out from a synthetic position of, on the one hand, the consequentialist conception of what is right and, on the other hand, the emphasis on individual liberties. As a result, firstly, the ethical appropriateness of adopting a general predisposition for allowing the neurorehabilitation of (...) prisoners only if it is safe and if they give their consent will be defended. But, at the same time, reasons will be given for requiring, in certain circumstances, the exceptional use of neurotechnology to rehabilitate severely psychopathic prisoners, even against their will, from the same ethical perspective. (shrink)

This is a collection of four papers about the All-Affected Principle (AAP): the view that every person whose morally weighty interests are affected by a democratic decision has the right to participate in that decision. -/- The first paper (“Narrow Possibilism about Democratic Enfranchisement”) examines how we should distribute democratic participation rights: a plausible version of AAP must avoid treating unlike cases alike, which would be procedurally unfair. The solution is to distribute participation rights proportionately to the risk that a (...) person’s interests will be affected. AAP thus implies an account of political equality that requires adherence to the ‘one person—one vote’ model only if interests are indeed equally affected. -/- The second paper (“Economic Participation Rights and the AAP”) argues that AAP supporters have paid insufficient attention to economic participation rights. The exercise of such rights raises unique worries about democratic accountability, which is why their exercise is constrained by a number of duties. -/- The third paper (“What AAP Is, and How (Not) to Fight It”) explores how AAP fares in light of possible objections from desirability and feasibility. Unlike crude versions of AAP, a plausibly restricted version of AAP cannot be dismissed as easily as many AAP sceptics may have thought. My reflections here are useful for AAP supporters and sceptics alike: this paper helps clarify what kind of objection can cast serious doubt on AAP. -/- The fourth paper (“Criminal Disenfranchisement, Political Wrongdoing, and Affected Interests”) asks: is AAP compatible with criminal disenfranchisement? AAP, when endorsed in combination with a plausible theory of punishment, is compatible with disenfranchising a narrow set of criminal wrongdoers only: those guilty of ‘political wrongdoing’, which is wrong primarily because it undermines democratic procedures and institutions for private gain. The upshot is that current blanket policies of criminal disenfranchisement are incompatible with AAP. (shrink)

Solar radiation management (SRM), a form of climate engineering, would offset the effects of increased greenhouse gas concentrations by reducing the amount of sunlight absorbed by the Earth. To encourage support for SRM research, advocates argue that SRM may someday be needed to reduce the risks from climate change. This paper examines the implications of two moral constraints—the Doctrine of Doing and Allowing, and the Doctrine of Double Effect—on this argument for SRM and SRM research. The Doctrine of Doing and (...) Allowing, and perhaps the Doctrine of Double Effect, shows that the argument is weaker than it appears. (shrink)

The article addresses issues at the nexus of physician industrial action, moral agency, and responsibility. There are situations in which we find ourselves best placed to offer aid to those who may be in vulnerable positions, a behavior that is consistent with our everyday moral intuitions. In both our interpersonal relationships and social life, we make frequent judgments about whether to praise or blame someone for their actions when we determine that they should have acted to help a vulnerable person. (...) While the average person is unlikely to confront these kinds of situations often, those in the medical professions, physicians especially, may confront these and similar situations regularly. Therefore, when physicians withhold their services for whatever reason in support of industrial action, it raises issues of moral responsibility to patients who may be in a vulnerable position. Using theories of moral responsibility, vulnerability, and ethics, this paper explores the moral implications of physician industrial action. We explore issues of vulnerability of patients, as well as the moral responsibility and moral agency of doctors to patients. Determining when a person is vulnerable, and when an individual becomes a moral agent, worthy of praise or blame for an act or non-action, is at the core of the framework. Notwithstanding the right of physicians to act in their self-interest, we argue that vulnerability leads to moral obligations, that physicians are moral agents, and the imperatives of their obligations to patients clear, even if limited by certain conditions. We suggest that both doctors and governments have a collective responsibility to prevent harm to patients and present the theoretical and practical implications of the paper. (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)

Menschen haben ein Anscheinsrecht (engl. prima facie right), Schusswaffen zu besitzen. Dieses Recht ist bedeutsam sowohl in Hinblick auf die Rolle, die Waffenbesitz im Leben von Waffenbegeisterten spielt, als auch auf den Selbstverteidigungsnutzen von Schusswaffen. Dieses Recht wird auch nicht durch den gesellschaftlichen Schaden privaten Waffenbesitzes verdrängt. Dieser Schaden wurde stark aufgebauscht und ist vermutlich erheblich kleiner als der Nutzen privaten Waffenbesitzes. Und ich lege dar, dass der Schaden den Nutzen um ein Vielfaches übertreffen müsste, um ein Verbot von Schusswaffen (...) zu rechtfertigen. [This is a German translation of: „Is There a Right to Own a Gun?“, Social Theory and Practice, Vol. 29, No. 2 (April 2003), pp. 297-324.]. (shrink)

Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

Despite the strong criticisms to ethical utilitarianism, this theory has not succumbed and remains one of the most notorious. The main criticisms address to the consequentialist conception of right that underlies the theory. However,it has been such a conception of right that, at the same time, saved utilitarianism. The article set out the features and changes that, according to the author, are the causes to explain the subsistence of utilitarianism.

ABSTRACTWith the recent revival of moral intuitionism, the work of W. D. Ross has grown in stature. But if we look at some recent well-regarded histories, anthologies and companions of analytic philosophy, Ross is noticeably absent. This discrepancy of assessments raises the question of Ross’s place in the history of analytic philosophy. Hans-Johann Glock has recently claimed that Ross is not an analytic philosopher at all, but is instead a ‘traditional philosopher’. In this article, I will identify several undeniable features (...) of analytic philosophy that Ross’s work bears: a focus on linguistic analysis, great respect for pre-theoretical thoughts, the conviction that philosophy is a collaborative, piecemeal enterprise and so on. Such an investigation, I claim, reveals two historically significant results: Ross was the first ethicist to fully draw from commonsense beliefs about morality in light of characteristic analytic considerations to secure his theory. Two, concerning the matter of whether the notion... (shrink)

the term as used by sunstein seeks to bring together various traditions. however, there are significant differences between uses of the term in the cognitive and the social psychological research, and these differences are accompanied by very distinct evidential criteria. we suggest the term should refer to processes, which means that further evidence is required.

This paper examines the commonplace assertion that utilitarianism allows for and even, at times, requires the punishment of the innocent. It traces the origins of this doctrine to the writings of the British Idealists and the subsequent development of what is called the post-utilitarian paradigm which posits various justifications for punishment such as retribution, deterrence and reform, finds all of them inadequate, and then, with the addition of other ideas, reconciles them. The idea of deterrence is falsely depicted as the (...) utilitarian contribution to the theory of punishment, while deterrence in fact is one of several elements in the utilitarian theory. The mistake comes from ignoring the pain-pleasure dimension of Benthamite utilitarianism and from regarding the principle of utility itself as the sole criterion of action in a ‘top-down’ fashion. (shrink)

Act teleological theories are theories that judge an action permissible just in case its outcome is maximally good.[1] It is usually assumed that act teleological theories cannot be @i, i.e., make the permissibility of actions depend on what the past was like (e.g., on what promises were made, what wrong doings were done, and more generally on what actions were performed).[2] I shall argue that this is not so. Although @u act teleological theories, such as classical act utilitarianism, are not (...) past-regarding, there are other types of act teleological theories that are past-regarding. (shrink)

A popular argument form uses general theories of cognitive architecture to motivate conclusions about the nature of moral cognition. This paper highlights the possibility for modus tollens reversal of this argument form. If theories of cognitive architecture generate predictions for moral cognition, then tests of moral thinking provide feedback to cognitive science. In certain circumstances, philosophers' introspective attention to their own moral deliberations can provide unique data for these tests. Recognizing the possibility for this sort of feedback helps to illuminate (...) a deep continuity between the disciplines. (shrink)

IntroductionIssues in public policy have been challenging and remaking moral theory for two centuries. Such issues force us to question fundamental principles of ethics while they cast doubt on our ability to generalize from traditional intuitions. No issue poses more remarkable difficulties for moral theory than nuclear weapons policy. Because the consequences of their deployment and therefore possible use could be grievous beyond those of any previously conceivable human action, these weapons frame the conflict between outcome-based, especially utilitarian, and action-based (...) deontological moral theories more acutely than perhaps any other we have faced. Just because nuclear weapons may bring about the most grievous outcome imaginable, they elevate concern with outcomes over concern with actions. More generally, they wreak havoc with the focus on the morality of individual choices and actions, set limits to the notion of intention and the doctrine of double effect, call into question the so-called just-war theory, and overwhelm the intuitionist basis of much of ethical reasoning. (shrink)