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  1. Wouldn’t It Be Nice If P, Therefore, P.David Enoch - 2009 - Utilitas 21 (2):222-224.
    Suppose that a world in which we have an utterly non-consequentialist moral status is a better world than one in which we don’t have such a status. Does this give any reason to believe that we have such moral status? Suppose that a world without moral luck is worse than a world with moral luck. Does this give any reason to believe that there is moral luck? The problem is that positive answers to these questions1 seem to commit us to (...)
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  • On defending deontology.David McNaughton & Piers Rawling - 1998 - Ratio 11 (1):37–54.
    This paper comprises three sections. First, we offer a traditional defence of deontology, in the manner of, for example, W.D. Ross (1965). The leading idea of such a defence is that the right is independent of the good. Second, we modify the now standard account of the distinction, in terms of the agent-relative/agentneutral divide, between deontology and consequentialism. (This modification is necessary if indirect consequentialism is to count as a form of consequentialism.) Third, we challenge a value-based defence of deontology (...)
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  • Private discrimination, marriage markets, and caste.Bastian Steuwer - forthcoming - Theoria.
    Anti‐discrimination laws draw a distinction between two kinds of discrimination by non‐state actors. Intimate choices are protected even if they are morally wrong. For example, even if it is morally wrong to discriminate on the basis of race in deciding whom to date, marry or befriend, anti‐discrimination laws permit these acts. By contrast, commercial decisions are commonly regulated. I argue that the reasons for regulating commercial decisions also extend to an intermediate case, commercial facilitators of marriage choices. In the context (...)
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  • Rethinking moral claim rights.Laura Valentini - 2023 - Journal of Political Philosophy 31 (4):433-451.
    Journal of Political Philosophy, EarlyView.
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  • It Would be Bad if Compatibilism Were True; Therefore, It Isn't.Patrick Todd - 2023 - Philosophical Issues 33 (1):270-284.
    I want to suggest that it would be bad if compatibilism were true, and that this gives us good reason to think that it isn't. This is, you might think, an outlandish argument, and the considerable burden of this paper is to convince you otherwise. There are two key elements at stake in this argument. The first is that it would be ‐ in a distinctive sense to be explained ‐ bad if compatibilism were true. The thought here is that (...)
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  • Conventionalism and contingency in promissory powers.Andrew Lichter - 2023 - Philosophical Studies 180 (5-6):1769-1792.
    Conventionalism about promising is the view that the power to make binding promises depends essentially on the existence of a social practice or convention of promising. This paper explores an objection to conventionalism that says that—(allegedly) contra conventionalism—there is no morally acceptable world in which we lack the power of promise. Instead, normative powers theorists claim that our power of promise is morally basic or necessary. I argue that the conventionalist need not deny this claim. There are several ways to (...)
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  • (When) Are Authors Culpable for Causing Harm?Marcus Arvan - 2023 - Journal of Moral Philosophy 20 (1-2):47-78.
    To what extent are authors morally culpable for harms caused by their published work? Can authors be culpable even if their ideas are misused, perhaps because they failed to take precautions to prevent harmful misinterpretations? Might authors be culpable even if they do take precautions—if, for example, they publish ideas that others can be reasonably expected to put to harmful uses, precautions notwithstanding? Although complete answers to these questions depend upon controversial views about the right to free speech, this paper (...)
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  • Killing to Prevent Killings?: An Exemplary Discussion of Deontic Restrictions' Place, Point, and Justifiability.Roland Hesse - 2020 - Leiden, Netherlands: Brill.
    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 (...)
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  • Is Moral Status Good for You?Thomas Douglas - forthcoming - In Stephen Clarke, Hazem Zohny & Julian Savulescu (eds.), Rethinking Moral Status.
    Should we cognitively alter animals in ways that might change their moral status? There has been some discussion of this question. For example, Chan (2009) and Chan and Harris (2001) consider whether we should radically enhance the cognitive capacities of animals, while Thompson (2008) and Shriver (2009) argue that we should in fact substantially disenhance some animals to protect them from suffering. More controversially, some have countenanced radical and possibly moral status-altering transformations of human persons. ... One question relevant to (...)
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  • Drug Policy, Paternalism and the Limits of Government Intervention.Daniel Hirst - 2020 - International Journal of Political Theory 4 (1):54-73.
    Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...)
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  • The Self-Effacement Gambit.Jack Woods - 2019 - Res Philosophica 96 (2):113-139.
    Philosophical arguments usually are and nearly always should be abductive. Across many areas, philosophers are starting to recognize that often the best we can do in theorizing some phenomena is put forward our best overall account of it, warts and all. This is especially true in esoteric areas like logic, aesthetics, mathematics, and morality where the data to be explained is often based in our stubborn intuitions. -/- While this methodological shift is welcome, it's not without problems. Abductive arguments involve (...)
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  • Defining 'Speech': Subtraction, Addition, and Division.Robert Mark Simpson - 2016 - Canadian Journal of Law and Jurisprudence 29 (2):457-494.
    In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms of (...)
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  • Virtue Ethics and the Interests of Others.Mark Lebar - 1999 - Dissertation, The University of Arizona
    In recent decades "virtue ethics" has become an accepted theoretical structure for thinking about normative ethical principles. However, few contemporary virtue ethicists endorse the commitments of the first virtue theorists---the ancient Greeks, who developed their virtue theories within a commitment to eudaimonism. Why? I believe the objections of modern theorists boil down to concerns that eudaimonist theories cannot properly account for two prominent moral requirements on our treatment of others. ;First, we think that the interests and welfare of at least (...)
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  • A Better World.Ryan Preston-Roedder - 2014 - Philosophical Studies 168 (3):629-644.
    A number of moral philosophers have endorsed instances of the following curious argument: it would be better if a certain moral theory were true; therefore, we have reason to believe that the theory is true. In other words, the mere truth of the theory—quite apart from the results of our believing it or acting in accord with it—would make for a better world than the truth of its rivals, and this fact provides evidence of the theory’s truth. This form of (...)
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  • Global Health Justice and Governance.Jennifer Prah Ruger - 2012 - American Journal of Bioethics 12 (12):35-54.
    While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...)
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  • Human Dignity as High Moral Status.Manuel Toscano - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (2):4-25.
    In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account of dignity as high rank provides (...)
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  • Wishful Thinking in Moral Theorizing: Comment on Enoch.Rob van Someren Greve - 2011 - Utilitas 23 (4):447-450.
    David Enoch recently defended the idea that there are valid inferences of the form ‘it would be good if p, therefore, p’. I argue that Enoch's proposal allows us to infer the absurd conclusion that ours is the best of all possible worlds.
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  • Does Freedom of Speech Include Hate Speech?Caleb Yong - 2011 - Res Publica 17 (4):385-403.
    I take it that liberal justice recognises special protections against the restriction of speech and expression; this is what I call the Free Speech Principle. I ask if this Principle includes speech acts which might broadly be termed ‘hate speech’, where ‘includes’ is sensitive to the distinction between coverage and protection , and between speech that is regulable and speech that should be regulated . I suggest that ‘hate speech’ is too broad a designation to be usefully analysed as a (...)
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  • Transnational Corporations and the Duty to Respect Basic Human Rights.Denis G. Arnold - 2010 - Business Ethics Quarterly 20 (3):371-399.
    ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches to human rights are distinguished: moral, political, and legal. (...)
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  • (1 other version)Negligence.Kenneth W. Simons - 1999 - Social Philosophy and Policy 16 (2):52.
    Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. Perhaps certain (...)
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  • La liberté d’expression est-elle un droit absolu?Charles Girard - 2022 - Revue de Métaphysique et de Morale 116 (4):477-495.
    La liberté d’expression est reconnue par les régimes démocratiques et les conventions internationales des droits de l’homme comme un droit fondamental. Est-elle pour autant absolue, comme l’affirment certains philosophes qui refusent qu’elle soit mise en balance avec d’autres droits ou principes? Cet article considère la signification de la thèse absolutiste et examine deux de ses principales défenses philosophiques, proposées par Alexander Meiklejohn et Thomas Scanlon. Il montre que ces théories échouent à établir la liberté d’expression comme un droit absolu : (...)
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  • Constraints, you, and your victims.Bastian Steuwer - 2023 - Noûs 57 (4):942-957.
    Deontologists believe that it is wrong to violate a right even if this will prevent a greater number of violations of the same right. This leads to the paradox of deontology: If respecting everyone’s rights is equally important, why should we not minimize the number of rights violations? One possible answer is agent-based. This answer points out that you should not violate rights even if this will prevent someone else’s violations. In this paper, I defend a relational agent-based justification that (...)
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  • Reconciling Regulation with Scientific Autonomy in Dual-Use Research.Nicholas G. Evans, Michael J. Selgelid & Robert Mark Simpson - 2022 - Journal of Medicine and Philosophy 47 (1):72-94.
    In debates over the regulation of communication related to dual-use research, the risks that such communication creates must be weighed against against the value of scientific autonomy. The censorship of such communication seems justifiable in certain cases, given the potentially catastrophic applications of some dual-use research. This conclusion however, gives rise to another kind of danger: that regulators will use overly simplistic cost-benefit analysis to rationalize excessive regulation of scientific research. In response to this, we show how institutional design principles (...)
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  • The Scope of the Means Principle.Jonathan Parry - 2023 - Journal of Moral Philosophy 20 (5-6):439-460.
    This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s view generates (...)
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  • Moral rights without balancing.Ariel Zylberman - 2021 - Philosophical Studies 179 (2):549-569.
    How should we think about apparent conflicts of moral rights? I defend a non-balancing and holistic specification model: non-balancing because moral rights have absolute deontic stringency regardless of any balance of independent values; holistic because the content of moral rights is limited only by that of other moral rights. Holistic Specification, as I call the model, offers a principled, non-consequentialist explanation of exceptions to moral rights. Moreover, Holistic Specification explains why moral rights matter to practical thought while rendering remedial duties (...)
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  • Agent-Relativity and the Status of Deontological Restrictions.Jamie Buckland - 2023 - Journal of Value Inquiry 57 (2):233-255.
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  • Children of a Lesser God? The Vividown Case and Privacy on the Internet.Gianluca Andresani & Natalina Stamile - 2019 - Revista da Faculdade de Direito UFPR 64 (2):141-169.
    In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...)
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  • Agent-Relative Reasons as Second-Order Value Responses.Jörg Https://Orcidorg Löschke - 2020 - Canadian Journal of Philosophy 50 (4):477-491.
    Agent-relative reasons are an important feature of any nonconsequentialist moral theory. Many authors think that they cannot be accommodated within a value-first theory that understands all value as agent-neutral. In this paper, I offer a novel explanation of agent-relative reasons that accommodates them fully within an agent-neutral value-first view. I argue that agent-relative reasons are to be understood in terms of second-order value responses: when an agent acts on an agent-relative reason, she responds appropriately to the agent-neutral value of her (...)
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  • Wrong by Convention.David Owens - 2017 - Ethics 127 (3):553-575.
    Some acts (mala in se) are wrong prior to any social prohibition (e.g., murder). Other acts (mala prohibita) are wrong only once socially prohibited (e.g., traffic violations). This article considers certain obligations of care that parents owe to their children and children to their parents. Violations of these familial obligations are like paradigm mala prohibita in that they are wrongs created by social convention. But, it is argued, they are unlike paradigm mala prohibita in that their prohibition is not justified (...)
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  • (1 other version)Negligence.Kenneth W. Simons - 1999 - Social Philosophy and Policy 16 (2):52-93.
    Faced with the choice between creating a risk of harm and taking a precaution against that risk, should I take the precaution? Does the proper analysis of this trade-off require a maximizing, utilitarian approach? If not, how does one properly analyze the trade-off?These questions are important, for we often are uncertain about the effects of our actions. Accordingly, we often must consider whether our actions create an unreasonable risk of injury — that is, whether our actions are negligent.
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  • ‘Ought’, ‘Can’, and Fairness.Rob van Someren Greve - 2014 - Ethical Theory and Moral Practice 17 (5):913-922.
    According to the principle that ‘ought’ implies ‘can’, it is never the case that you ought to do something you cannot do. While many accept this principle in some form, it also has its share of critics, and thus it seems desirable if an argument can be offered in its support. The aim of this paper is to examine a particular way in which the principle has been defended, namely, by appeal to considerations of fairness. In a nutshell, the idea (...)
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  • A non-utilitarian consequentialist value framework (Pettit's and Sen's theories of values).V. Gluchman - 1999 - Filozofia 54 (7):483-494.
    Consequentialism is seen by Philip Pettit mainly as a theory of the appropriate; in his conception of virtual consequentialism he is much less concerned with the theory of Good. Nevertheless, he pays attention to values such as rights, freedom, loyalty, confidence, dignity and love, although his analyses are isolated, and the connections with other values are not taken into account. He focuses especially on the values of freedom and rights. Contrary to Pettit, Amaryta Sen is much more concerned with the (...)
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  • Human Dignity in the Theory of Human Rights: Nothing But a Phrase?Charles R. Beitz - 2013 - Philosophy and Public Affairs 41 (3):259-290.
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  • (1 other version)Moral Compromises, Moral Integrity and the Indeterminacy of Value Rankings.Theo van Willigenburg - 2000 - Ethical Theory and Moral Practice 3 (4):385 - 404.
    Though the art of compromise, i.e. of settling differences by mutual concessions, is part of communal living on any level, we often think that there is something wrong in compromise, especially in cases where moral convictions are involved. A first reason for distrusting compromises on moral matters refers to the idea of integrity, understood in the basic sense of 'standing for something', especially standing for the values and causes that to some extent confer identity. The second reason points out the (...)
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  • The nature and disvalue of injury.Seth Lazar - 2009 - Res Publica 15 (3):289-304.
    This paper explicates a conception of injury as right-violation, which allows us to distinguish between setbacks to interests that should, and should not, be the concern of theories of justice. It begins by introducing a hybrid theory of rights, grounded in (a) the mobilisation of our moral equality to (b) protect our most important interests, and shows how violations of rights are the concern of justice, while setbacks where one of the twin grounds of rights is defeated are not. It (...)
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  • The separateness of persons and liberal theory.Matt Zwolinski - 2008 - Journal of Value Inquiry 42 (2):147-165.
    The fact that persons are separate in some descriptive sense is relatively uncontroversial. But one of the distinctive ideas of contemporary liberal political philosophy is that the descriptive fact of our separateness is normatively momentous. John Rawls and Robert Nozick both take the separateness of persons to provide a foundation for their rejection of utilitarianism and for their own positive political theories. So why do their respective versions of liberalism look so different? This paper claims that the difference is based (...)
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  • Same-Sex Marriage and Equality.Reginald Williams - 2011 - Ethical Theory and Moral Practice 14 (5):589-595.
    Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important right that opposite-sex couples enjoy—i.e., the right (...)
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  • Critical Republicanism and the Discursive Demands of Free Speech.Suzanne Whitten - 2023 - Philosophy and Social Criticism 49 (7):856-880.
    A growing body of literature in feminist philosophy exposes the way in which occupying a particular group identity inhibits an affected agent’s ability to engage in communicative exchange effectively. These accounts reveal a fault in standard liberal defences of free speech, showing how, if free speech is a goal worth pursuing, then it must involve both a concern about the legitimate limits of state interference and of the effect of social norms on an agent’s communicative capacities. Building on the emergence (...)
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  • Rights, values and really existing legislatures.Dimitris Tsarapatsanis - 2020 - Jurisprudence 11 (4):610-620.
    Legislated Rights is a welcome contribution to constitutional theory. The book’s overall aim is to rehabilitate the role of legislation and legislatures in ‘securing human rights’. 1 A major...
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  • Why no compromise is possible.Torbjörn Tännsjö - 2007 - Metaphilosophy 38 (2-3):330–343.
    Adherents of different moral views hold conflicting views on the permissibility of embryonic stem cell research. Pace Ronald Dworkin, no liberal compromise is possible. Whichever way the decision goes, some people will be deeply hurt and feel that basic moral principles are being flouted. And yet, when a majority exists in defence of such research, it should not hesitate to allow it.
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  • Value-based accounts of normative powers and the wishful thinking objection.Daniele Bruno - 2022 - Philosophical Studies 179 (11):3211-3231.
    Normative powers like promising allow agents to effect changes to their reasons, permissions and rights by the means of communicative actions whose function is to effect just those changes. An attractive view of the normativity of such powers combines a non-reductive account of their bindingness with a value-based grounding story of why we have them. This value-based view of normative powers however invites a charge of wishful thinking: Is it not bad reasoning to think that we have a given power (...)
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  • Are Hate Speech Laws Useless? An Appraisal of Eric Heinze’s Arguments.Stéphane Courtois - 2022 - Res Publica 28 (2):249-269.
    Most Western democracies and international institutions have currently adopted a range of policies aimed at regulating hate speech. However, the kinds of target groups that hate speech regulations seek to protect have not been clearly defined yet. In a series of publications, Eric Heinze has challenged the coherence of such regulations. His core thesis is that hate speech laws have simply no place in longstanding, stable, and prosperous democracies. In this paper, I examine the three main charges Heinze raises against (...)
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  • Killing, wrongness, and equality.Carlos Soto - 2013 - Philosophical Studies 164 (2):543-559.
    This paper examines accounts of the moral wrongness of killing persons in addition to determining what conclusions, if any, can be drawn from the morality of killing persons about the equality of persons, and vice versa. I will argue that a plausible way of thinking about the moral wrongness of killing implies that the permissibility of killing innocent, nonthreatening persons depends on a person’s age. I address objections to this conclusion and discuss some potential implications of the view.
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  • Why deontologists should reject agent-relative value and embrace agent-relative accountability.Rudolf Schuessler - 2020 - Zeitschrift Für Ethik Und Moralphilosophie 3 (2):315-335.
    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 (...)
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  • The Penalties Rule and the Promise Theory of Contract.Prince Saprai - 2013 - Canadian Journal of Law and Jurisprudence 26 (2):443-469.
    The rule against penalty clauses in contract law sits uneasily with the promise theory of contract. According to the rule, if contracting parties agree a monetary remedy for breach which is substantially in excess of what would be required to compensate the claimant then that remedy is not enforceable. If contracts enforce promises however one would expect to see these clauses enforced. The rule appears therefore to be an example of a contract doctrine that diverges from promise. Promise theorists tend (...)
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  • Responses to Open Peer Commentaries on “Global Health Justice and Governance”.Jennifer Prah Ruger - 2012 - American Journal of Bioethics 12 (12):W6-W8.
    While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...)
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  • Should Civil Liberties Have Strict Priority?Ryan Pevnick - 2015 - Law and Philosophy 34 (5):519-549.
    Many political controversies involve conflicts between civil liberties and other important social goals. The orthodox view in liberal political theory is that civil liberties must be given strict priority over competing social goals because of the importance of the interests advanced by such liberties and/or their role in upholding the status of citizens. This paper criticizes both lines of argument. Interest-based arguments fail because we are sometimes willing to sacrifice the very fundamental interests of some citizens in order to advance (...)
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  • Luigi Caranti, Kant’s Political Legacy: Human Rights, Peace, Progress Cardiff: University of Wales Press, 2017 Pp. xii + 303 ISBN 9781783169795. [REVIEW]Carlos J. Pereira Di Salvo - 2018 - Kantian Review 23 (4):681-687.
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  • Free speech, privacy, and autonomy.Adam D. Moore - 2020 - Social Philosophy and Policy 37 (2):31-51.
    While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, I will argue that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, I will argue that if viewed as a kind of intangible property right, informational privacy should limit speech and expression in a range of cases. In a world where we have an overabundance of content to (...)
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  • Kamm on inviolability and agent-relative restrictions.Kasper Lippert-Rasmussen - 2009 - Res Publica 15 (2):165-178.
    Agent-relative restrictions prohibit minimizing violations: that is, they require us not to minimize the total number of their violations by violating them ourselves. Frances Kamm has explained this prohibition in terms of the moral worth of persons, which, in turn, she explains in terms of persons’ high moral status as inviolable beings. I press the following criticism of this account: even if minimizing violations are permissible, we need not have a lower moral status provided other determinants thereof boost it. Thus, (...)
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