Herbert Morris argues in his influential retributivist paper, "Persons and Punishment," that criminals deserve punishment because their actions represent an unfair distribution of benefits and burdens in society. The proper distribution of benefits and burdens is important, in part, to restore law abiding citizens’ confidence that others will follow the law. In this paper I show that Morris's argument for why criminals deserve punishment morally requires us to set up an institution of rehabilitation in addition to the institution of punishment. (...) Such an institution is morally required because neither pure punishment systems nor punishment systems that incorporate quasi-rehabilitative aspects have ever worked to uphold the necessary confidence that Morris tells us law abiding citizens must have in order to protect the social order. Moreover, we cannot abandon Morris's appeal to the duty to maintain social order without also abandoning a plausibly Morrisian framework. (shrink)

My question in this paper concerns what eudaimonist virtue ethics (EVE) might have to say about what makes right actions right. This is obviously an important question if we want to know what (if anything) distinguishes EVE from various forms of consequentialism and deontology in ethical theorizing. The answer most commonly given is that according to EVE, an action is right if and only if it is what a virtuous person would do in the circumstances. However, understood as a claim (...) about what makes particular actions right, this is not especially plausible. What makes a virtuous person’s actions right must reasonably be a matter of the feature, or features, which she, via her practical wisdom, appreciates as ethically relevant in the circumstances, and not the fact that someone such as herself would perform those actions. I argue that EVE instead should be understood as a more radical alternative in ethical philosophy, an alternative that relies on the background assumption that no general account or criterion for what makes right actions right is available to us: right action is simply too complex to be captured in a ‘finite and manageable set of…moral principles’ (McKeever and Ridge, Principled ethics, Oxford University Press, 2006 , p. 139). This does not rule out the possibility that there might be some generalizations about how we should act which hold true without exception. Perhaps there are some things which we must never do, as well as some features of the world which always carry normative weight (even though their exact weight may vary from one context to another). Still, these things are arguably few and far between, and what we must do to ensure that we reliably recognize what is right in particular situations is to acquire practical wisdom. Nothing short of that could do the job. (shrink)

In this article, I investigate how we may include investigations of actual context in the investigation of moral problems in philosophy. The article has three main parts. The focus of the first is a survey of the dominant view of how to incorporate context into moral philosophy and to exemplify this view, I investigate examples from influential introductions to moral philosophy, identifying what I call the assumption of abstraction. In the second part I present three traditions which attribute a more (...) prominent place to context in philosophical work and which therefore offer resources for thinking about context: moral contextualism, particularism and contextualism in political philosophy. Unconvinced that these resources are sufficient for an understanding of how actual context may be of importance in philosophy, I in the third part turn to a systematic investigation of three suggestions for how to incorporate actual context onto philosophy: the application approach, the bottom-up approach and the contextual approach. Furthermore, I argue that the third and most radical approach develops a superior understanding of how to include context in moral philosophy, reflecting the impossibility of making normatively neutral investigations of context in moral philosophy. (shrink)