Law bends the past of a community's common life towards its future.Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and orders (...) time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

The question of what constitutes human flourishing elicits an extraordinary variety of responses, which suggests that there are not merely differences of opinion at work, but also different understandings of the question itself. So it may help to introduce some clarity into the question before starting work on one answer to it.

Let X\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathcal{X }$$\end{document} be a set of outcomes, and let I\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathcal{I }$$\end{document} be an infinite indexing set. This paper shows that any separable, permutation-invariant preference order \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$$$\end{document} on XI\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathcal{X }^\mathcal{I }$$\end{document} admits an additive representation. That is: there exists a linearly ordered abelian group R\documentclass[12pt]{minimal} (...) \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathcal{R }$$\end{document} and a ‘utility function’ u:X⟶R\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$u:\mathcal{X }{{\longrightarrow }}\mathcal{R }$$\end{document} such that, for any x,y∈XI\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathbf{x},\mathbf{y}\in \mathcal{X }^\mathcal{I }$$\end{document} which differ in only finitely many coordinates, we have x≽y\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathbf{x}\succcurlyeq \mathbf{y}$$\end{document} if and only if ∑i∈Iu-u≥0\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\sum _{i\in \mathcal{I }} \left[u-u\right]\ge 0$$\end{document}. Importantly, and unlike almost all previous work on additive representations, this result does not require any Archimedean or continuity condition. If \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$$$\end{document} also satisfies a weak continuity condition, then the paper shows that, for anyx,y∈XI\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathbf{x},\mathbf{y}\in \mathcal{X }^\mathcal{I }$$\end{document}, we have x≽y\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathbf{x}\succcurlyeq \mathbf{y}$$\end{document} if and only if ∗∑i∈Iu≥∗∑i∈Iu\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${}^*\!\sum _{i\in \mathcal{I }} u\ge {}^*\!\sum _{i\in \mathcal{I }}u$$\end{document}. Here, ∗∑i∈Iu\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${}^*\!\sum _{i\in \mathcal{I }} u$$\end{document} represents a nonstandard sum, taking values in a linearly ordered abelian group ∗R\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${}^*\!\mathcal{R }$$\end{document}, which is an ultrapower extension of R\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\mathcal{R }$$\end{document}. The paper also discusses several applications of these results, including infinite-horizon intertemporal choice, choice under uncertainty, variable-population social choice and games with infinite strategy spaces. (shrink)

Wild animals probably have net negative lives. Christine Korsgaard rejects the view that we might engineer paradise by redesigning nature and animals so that they have the best possible existences. She believes the genetic changes required would not be identity-preserving, thereby causing animals to cease to exist. I argue, first, that paradise engineering is permissible. Many harms are caused by non-sentient natural entities and processes. Moreover, sentient animals can survive modifications compatible with their psychological persistence over time. Second, we are (...) required to re-engineer nature in order to satisfy animals' right to the resources necessary for a reasonable life. (shrink)

Climate change and other contemporary harms are often depicted as New Harms because they seem to constitute unprecedented challenges. This New Harms Discourse rests on two important premises, both of which we criticise on empirical grounds. First, we argue that the Premise of changed conditions of human interaction—according to which the conditions regarding whom people affect have changed recently and which emphasises the difference with past conditions of human interaction—risks obfuscating how humanity’s current predicament is merely the transient result of (...) long-term, gradual processes and developments. Second, we dispute the Premise that New Harms have certain features that render them new and argue that New Harms share characteristics with other harms. On the basis of these premises, the New Harms Discourse concludes that climate change is a unique social challenge that requires radically new moral thinking, but we argue that this Uniqueness Myth distracts attention from the valuable lessons we can draw from humanity’s successes and failures in dealing with past harms. We will illustrate how action to tackle climate change and other complex, systemic harms can be informed by the interdisciplinary study of historic harms. We will argue that rejecting the New Harms Discourse is not only empirically justified, it also gives cause for optimism, because it opens up the possibility to draw upon the past to face problems in the present and future. (shrink)

It is unclear whether someone’s responsibility for developing a disease or maintaining his or her health should affect what healthcare he or she receives. While this dispute continues, we suggest that, if responsibility is to play a role in healthcare, the concept must be rethought in order to reflect the sense in which many health-related behaviours occur repeatedly over time and are the product of more than one agent. Most philosophical accounts of responsibility are synchronic and individualistic; we indicate here (...) what paying more attention to the diachronic and dyadic aspects of responsibility might involve and what implications this could have for assessments of responsibility for health-related behaviour. (shrink)

Impartialism in ethics has been said to be the common ground shared by both Kantian and utilitarian approaches to ethics. Lawrence Blum describes this common ground as follows: Both views identify morality with a perspective of impartiality, impersonality, objectivity and universality. Both views imply the ‘ubiquity of impartiality” – that our commitments and projects derive their legitimacy only by reference to this impartial perspective.

Consider Phoebe and Daphne. Phoebe has credences in 1 million propositions. Daphne, on the other hand, has credences in all of these propositions, but she's also got credences in 999 million other propositions. Phoebe's credences are all very accurate. Each of Daphne's credences, in contrast, are not very accurate at all; each is a little more accurate than it is inaccurate, but not by much. Whose doxastic state is better, Phoebe's or Daphne's? It is clear that this question is analogous (...) to a question that has exercised ethicists over the past thirty years. How do we weigh a population consisting of some number of exceptionally happy and satisfied individuals against another population consisting of a much greater number of people whose lives are only just worth living? This is the question that occasions population ethics. In this paper, I go in search of the correct population ethics for credal states. (shrink)

Many people seem to share some version of what has been called the “intuition of neutrality” aboutcreating new people, which, roughly, says that there exists a certain range of levels of well-beingsuch that creating people within this range is, in itself, morally neutral, but creating people with alevel of well-being outside this range is not morally neutral. In this paper, I will discuss differentinterpretations of this intuition, and specifically distinguish between what I will call counterfactualinterpretations and Do-interpretations of the intuition. (...) I will argue that it is hard to interpret theintuition in a way that does not give rise to antinatalist moral reasons, i.e. reasons favoring an emptyfuture population, when it comes to choices of social policy. In particular, this holds if we assume aconception of relevant outcomes of actions reflecting consequentialist moral intuitions. In the end, I will formulate a normative principle of welfare promotion which I argue respects the most plausiblecounterfactual version of the neutrality intuition. (shrink)

In his famous lecture on ‘The Concept of Preference’ Amartya Sen (1982) opened up the topic of preference and preference-satisfaction to critical, philosophical debate. He pointed out that preference in the sense in which choice reveals one’s preference need not be preference in the sense in which people are personally better off for having their preferences satisfied. And on the basis of that observation he built a powerful critique of some common assumptions in welfare economics.

The M → W thesis that a meaningful life must be a worthwhile life follows from an appealing approach to the axiology of life. Yet one of the most prominent voices in the recent philosophy of life literature, Thaddeus Metz, has raised multiple objections to that thesis. With a view to preserving the appeal of the axiological approach from which it follows, I here defend the M → W thesis from Metz’s objections. My defense yields some interesting insights about both (...) a meaningful life and a worthwhile life: a meaningful life should be firmly distinguished from a life with meaning, the value of a meaningful life must outweigh whatever disvalue the life has, a worthwhile life at a given time needn’t be a life worth continuing at that time, and the M → W thesis doesn’t preclude the possibility of something being part of what constitutes the meaningfulness of a life without also being part of what constitutes the worthwhileness of the life. (shrink)

This paper presents an argument to the effect that the relation of exact similarity with respect to properties that are supervenient cannot be transitive. The point of departure is that, while a difference in respect of supervenient properties entails a difference in respect of subvenient properties, exact similiarity in respect of supervenient properties is compatible with differences in respect of subvenient properties. It is logically possible that two such sets of differences that each individually is insufficient for a difference as (...) regards the supervenient property together are sufficient for such a supervenient difference. This possibility claim is incompatible with the necessity claim entailed by the transitivity of exact similarity. Several objections to this argument are then considered. (shrink)

Why should we become posthuman? There is only one morally compelling answer to this question: because posthumanity will be a more beneficial state, better than present humanity. This is the Posthuman Beneficence Argument, the centerpiece of the liberal transhumanist defense of “directed evolution.” In this article, I examine PBA and find it deficient on a number of lethal counts. My argument focuses on the writings of transhumanist philosopher Nick Bostrom, who has developed the most articulate defense of PBA and disclosed (...) its metaethical framework. I begin by locating PBA in the context of wider transhumanist claims for the desirability of posthumanity. I identify two crucial components: a model of deliberative rationality, requiring reasons to endorse claims; and the reasons themselves. I examine these two conditions, in turn, specifying the claims that they ask us to accept. Following Bostrom, I argue that there is a need for a foundationalist approach that assures us of some universality in the process of valuation. This is required to appropriately ground the moral continuity and appeal to universality that PBA demands. I examine the reasons why this approach ultimately fails, leaving posthumanity as an unintelligible concept with no moral force. I conclude by identifying a more mature approach to the debate on human enhancement, one that forfeits the grandiose but baseless claims too often found in transhumanist defenses of directed evolution. In short, posthumanity may be a good science fiction trope, but it has no normative force in the moral philosophy of human enhancement. (shrink)

This paper explores why it is so hard for us to do what we morally ought to do to mitigate anthropogenic climate change by reducing our carbon dioxide, CO2, emissions. It distinguishes between two sources of this difficulty: factors which make us underrate the harm that we individually cause when we perform our everyday CO2 emitting acts and, thus, the wrongness of these acts, and factors which make it difficult for us to cooperate to the extent necessary to mitigate effectively (...) harmful climate change by reducing our everyday CO2 emitting acts. Under are listed such factors as the temporal remoteness of climate harm, the fact that the causal connections between our acts and this harm are elusive, that countless agents together cause harm which is diffused widely over countless, anonymous victims, by acts routinely done. As regards, a comparison with the problems of cooperation in the well-known tragedy of the commons is natural, but it is here argued that the problem of reducing our CO2 emissions is disanalogous in several respects which make it harder: the world’s nations differ enormously in respect of level of welfare, their record of past emissions, and the degree of exposure to climate harm; additionally, it is harder to survey compliance and apply sanctions to those who defect from agreements, in particular as future generations who have not consented to these agreements are involved. Together these factors make up a good case for saying that the problem of ameliorating anthropogenic climate change by reduction of our CO2 emissions is the hardest moral problem humanity is facing. (shrink)

Although climate change jeopardizes the fundamental human rights of current as well as future people, current actions and ambitions to tackle it are inadequate. There are two prominent explanations for this motivational gap in the climate ethics literature. The first maintains that our conventional moral judgement system is not well equipped to identify a complex problem such as climate change as an important moral problem. The second explanation refers to people’s reluctance to change their behaviour and the temptation to shirk (...) responsibility. We argue that both factors are at play in the motivational gap and that they are complemented by crucial moral psychological insights regarding moral disengagement, which enables emitters to dissociate self-condemnation from harmful conduct. In this way, emitters are able to maintain their profligate, consumptive lifestyle, even though this conflicts with their moral standards with respect to climate change. We provide some illustrations of how strategies of moral disengagement are deployed in climate change and discuss the relationship between the explanations for the motivational gap and moral disengagement. On the basis of this explanatory framework, we submit that there are three pathways to tackle the motivational gap and moral disengagement in climate change: making climate change more salient to emitters and affirming their self-efficacy; reconsidering the self-interested motives that necessitate moral disengagement; and tackling moral disengagement directly. (shrink)

Notes on Contributors • Preface • Christopher Peacocke, Introduction: The Issues and their Further Development I OBJECTIVE THOUGHT • John Campbell, Objects and Objectivity Commentaries • Bill Brewer, Thoughts about Objects, Places and Times • John O'Keefe, Cognitive Maps, Time and Causality II OBJECTIVITY AND THE UNITY OF CONSCIOUSNESS • Susan Hurley, Unity and Objectivity Commentaries • Anthony Marcel, What is Relevant to the Unity of Consciousness? • Michael Lockwood, Issues of Unity and Objectivity III UNDERSTANDING THE MENTAL:THEORY OR SIMULATION (...) • MARTIN DAVIES, The Mental Simulation Debate Commentaries • Jane Heal, Simulation vs. Theory Theory: What is at Issue? • Josef Perner, The Necessity and Impossibility of Simulation. (shrink)

Intuition says that choosing to create a miserable person is wrong, but choosing not to create a happy one is not; this is ‘the Asymmetry’. There is a complete theory which agrees – the ‘Harm Minimization’ theory. A well-known objection is that this theory rejects Parfit’s principle of ‘No Difference’. But No Difference has less intuitive support than the Asymmetry, and there seems to be no complete theory which agrees with both. There is, however, a more serious problem for Harm (...) Minimization: it says it is wrong to create happy people if we could have made some of them happier at the expense of others. The purpose of this note is to describe a complete theory which agrees with the Asymmetry and avoids this unacceptable consequence; like Harm Minimization, it rejects No Difference. (shrink)

Over the coming century, the accelerating advance of bioenhancement technologies, robotics, and artificial intelligence (AI) may significantly broaden the qualitative range of sentient and intelligent beings. This article proposes a taxonomy of such beings, ranging from modified animals to bioenhanced humans to advanced forms of robots and AI. It divides these diverse beings into three moral and legal categories—animals, persons, and presumed persons—describing the moral attributes and legal rights of each category. In so doing, the article sets forth a framework (...) for extending the concept of personhood well beyond its current boundaries, assigning moral standing to a variety of biological and nonbiological beings. The author concludes that six of the eight subgroups of such beings deserve to be treated as persons or as if they were persons, with full consideration for their presumed interests, rights, obligations, and capabilities for ethically significant agency and patiency. (shrink)

Imposing pure risks—risks that do not materialise into harm—is sometimes wrong. The Harm Account explains this wrongness by claiming that pure risks are harms. By contrast, The Autonomy Account claims that pure risks impede autonomy. We develop two objections to these influential accounts. The Separation Objection proceeds from the observation that, if it is wrong to v then it is sometimes wrong to risk v‐ing. The intuitive plausibility of this claim does not depend on any account of the facts that (...) ground moral wrongness. This suggests a close relationship between the factors that make an act wrong and the factors that make risking that act wrong, which both accounts fail to recognise. The Determinism Objection holds that both accounts fail to explain the wrongness of pure risks in a deterministic world. We then develop an alternative—The Buck‐Passing Account—that withstands both objections. (shrink)

Standard game theory cannot explain the selection of payoff-dominant outcomes that are best for all players in common-interest games. Theories of team reasoning can explain why such mutualistic cooperation is rational. They propose that teams can be agents and that individuals in teams can adopt a distinctive mode of reasoning that enables them to do their part in achieving Pareto-dominant outcomes. We show that it can be rational to play payoff-dominant outcomes, given that an agent group identifies. We compare team (...) reasoning to other theories that have been proposed to explain how people can achieve payoff-dominant outcomes, especially with respect to rationality. Some authors have hoped that it would be possible to develop an argument that it is rational to group identify. We identify some large—probably insuperable—problems with this project and sketch some more promising approaches, whereby the normativity of group identification rests on morality. (shrink)

Gibt es rechtfertigende Gründe dafür, demente Menschen für ihre im früheren Zustand der Kompetenz begangenen Taten staatlich zu strafen? Im folgenden Beitrag wird für eine bejahende Antwort auf diese Frage plädiert. Zunächst werden drei zentrale Straftheorien daraufhin befragt, ob das von ihnen verteidigte Kriterium der Strafrechtfertigung in Anwendung auf die Bestrafung Dementer erfüllt, also die Bestrafung Dementer ihnen zufolge gerechtfertigt sein kann: die Retributionstheorie, die Präventionstheorie und die Expressionstheorie. Es zeigt sich, dass einzig der Expressionstheorie zufolge die Bestrafung Dementer gerechtfertigt (...) sein kann. Im Folgenden wird für die These argumentiert, dass die Expressionstheorie, obwohl nicht überzeugend als allgemeine Theorie der Strafrechtfertigung, in Bezug auf einen bestimmten Teilbereich von Strafhandlungen plausibel ist. Dabei handelt es sich um diejenigen Strafhandlungen, mit denen wir beabsichtigen, ein Leiden zuzufügen, die aber de facto kein Leiden bewirken. Da die Bestrafung Dementer in diese Klasse von Strafhandlungen fällt, lässt sie sich auf der Grundlage einer Expressionstheorie rechtfertigen. Vier Einwände gegen diese These werden diskutiert und entkräftet. Abschließend wird auf praktische Konsequenzen dieser Ansicht verwiesen. (shrink)

This paper focuses on the reasons for, and consequences of, expanding our notions of human embodiment to virtual worlds. Increasingly, it is within virtual environments that we seek to extend, and enhance, who we are. Yet, philosophical worries persist about what sorts of selves count as moral agents, and the extent to which self-enhancements affect personal identity and agency. This paper critiques and expands the discourse on embodiment and personal identity by locating it within the virtual environments of Second Life, (...) challenging the prevailing limitations of what counts as identity-constituting embodiment. I argue that more inclusive notions of embodiment make possible a deeper understanding of its moral and epistemic force that constitutes and locates our identities in a universe of shared moral understandings. Thus, by including enhanced virtual embodiments alongside the non-virtual, not only do we expand our ideas of what it might mean to be embodied, but we also deepen our moral vocabularies of the self. (shrink)

It is commonly held that rational preferences must be acyclic. There have, however, been cases that have been put forward as counterexamples to this view. This paper focuses on the following question: If the counterexamples are compelling and rational preferences can be cyclic, what should we conclude about the presumed acyclicity of the “better than” relation? Building on some revisionary suggestions concerning acyclicity and betterness, I make a case for hanging on to the presumption that “better than” is acyclic even (...) if “is rationally preferred to” is not. As I explain, the divergence my view makes room for does not threaten to make “better than” judgments less relevant to choice than judgments about rational preference. To the contrary, it makes them more relevant. Toward the end of the paper, I extend my results to the relation “is morally better than” in light of the possibility that there might be moral preferability cycles. (shrink)

In this work I present a detailed critique of the dignity-related arguments that have been advanced against the creation of human–nonhuman chimeras that could possess human-like mental capacities. My main claim is that the arguments so far advanced are incapable of grounding a principled objection against the creation of such creatures. I conclude that these arguments have one, or more, of the following problems: they confuse the ethical assessment of the creation of chimeras with the ethical assessment of how such (...) creatures would be treated in specific contexts, they misrepresent how a being could be treated solely as means towards others’ ends, they fall short of demonstrating how humanity’s dignity would be violated by the creation of such entities, and they fail to properly characterise the moral responsibilities that moral agents have towards other moral agents and sentient beings. (shrink)

There is broad agreement that humans can be wronged independently of their incurring any harm, that is, when their welfare is not affected. Examples include unnoticed infringements of privacy, ridiculing unaware individuals, or disregarding individuals’ autonomous decision-making in their best interest. However, it is less clear whether the same is true of animals—that is, whether moral agents can wrong animals in situations that do not involve any harm to the animals concerned. In order to answer this question, I concentrate on (...) the illustrative case of treating animals in a demeaning yet harmless way that would be disrespectful if humans were concerned. I discuss whether such actions are permissible or unjustifiably discriminatory from a moral point of view. I conclude that moral agents cannot directly wrong animals without harming them and thus do not owe it to a particular animal to refrain from such actions. However, if the actions increase the likelihood that animal abuse will occur, this presents a strong indirect reason against performing them. Thus, the reasons for refraining from such actions are merely indirect rather than direct. (shrink)

Rights to compensation are much invoked and much disputed in recent liberal debates. The disputes are generally about supposed fundamental rights to compensation, whose recognition and legal enactment would transform some lives. For example, special treatment in education or employment are claimed as compensation for past denials of equal opportunity; special consideration for Third World countries in aid and trade terms is claimed as compensation for the injustices of the colonial past. We can make ready sense of the idea of (...) legal rights to compensation. Legal rights to compensation guarantee recompense for damage suffered. The damage for which compensation is given may or may not be produced by wrongdoing; it may also be negligent or accidental or due to natural causes. In law, compensation is not always contingent upon the victim having suffered injury as well as harm, nor upon saddling a wrong-doer with the costs of compensation. Insurance policies standardly cover damage due to accident and neglect. Legal rights to compensation may provide for payments to victims of violent crime, to those whose property is requisitioned or damaged, to victims of libel or malpractice, and even to victims of natural disasters such as floods or earthquakes. Legal rights to compensation are a standard way of dealing with the predicament of those who become victims, whether of others' action, of their own negligence, or of natural catastrophe. None of this shows that there are fundamental rights to compensation. Legal rights to compensation may lack moral grounding: and if they are morally grounded, they may rest not on fundamental rights to compensation, but on background positions in which rights are derivative or inessential. (shrink)

According to a view attractive to both metaphysicians and ethicists, every period in a person’s life is the life of a being just like that person except that it exists only during that period. These “subpeople” appear to have moral status, and their interests seem to clash with ours: though it may be in some person’s interests to sacrifice for tomorrow, it is not in the interests of a subperson coinciding with him only today, who will never benefit from it. (...) Or perhaps there is no clash, and a subperson’s interests derive from those of the person it coincides with. But this makes it likely that our own interests derive from those of other beings coinciding with us. (shrink)

In this paper I explore the possibilities of acknowledging the argumentative character of narration. Two basic models will be revised: 1) primary narratives, regarding issues and facts under discussion, which may work as implicit arguments about the coincidence between discourse and reality via their own internal plausibility and 2) secondary narratives, imaginatively inserted in discourse, and serving as evidence for diverse lines of analogical or exemplary argumentation.

Many are committed to the idea that the present generation has obligations to future generations, for example, obligations to preserve the environment and certain natural resources for those generations. However, some philosophers want to explain why we have these obligations in terms of correlative rights that future persons have against persons in the present. Attributing such rights to future persons is controversial, for there seem to be compelling arguments against the position. According to the “nonexistence” argument, future persons cannot have (...) rights (and so should not be attributed rights) because they do not exist. According to the “no-satisfaction” argument, future persons cannot have a right to resources that do not exist at the time of their existence because such a right could not, in principle, be satisfied. In this paper, I will argue that an eternalist ontology of time provides the resources for satisfactorily responding to both the nonexistence and the no-satisfaction arguments. (shrink)

In this paper I defend a version of consequentialism that is neither of the act nor the rule variety. I argue that most, if not all, acceptable moral rules are formulations of intricate and interrelated practices that serve to promote harmonious co-existence between human beings; that these formulations – moral rules – are shorthand abbreviations of the lengthy formulations which would be required to actually describe the extremely complicated set of prescriptions and prohibitions which comprise our ethical practices; that we (...) are culturally, perhaps even naturally, disposed to justify our actions in consequentialist fashion; that these underlying moral practices or ‘folk’ ethics provide the foundation for all forms of consequentialism; and finally, that the folk ethical practices practice consequentialism incorporates are empirically verified. (shrink)

The hypothetical scenarios generally known as trolley problems have become widespread in recent moral philosophy. They invariably require an agent to choose one of a strictly limited number of options, all of them bad. Although they don’t always involve trolleys / trams, and are used to make a wide variety of points, what makes it justified to speak of a distinctive “trolley method” is the characteristic assumption that the intuitive reactions that all these artificial situations elicit constitute an appropriate guide (...) to real-life moral reasoning. I dispute this assumption by arguing that trolley cases inevitably constrain the supposed rescuers into behaving in ways that clearly deviate from psychologically healthy, and morally defensible, human behavior. Through this focus on a generally overlooked aspect of trolley theorizing – namely, the highly impoverished role invariably allotted to the would-be rescuer in these scenarios – I aim to challenge the complacent twin assumptions of advocates of the trolley method that this approach to moral reasoning has practical value, and is in any case innocuous. Neither assumption is true. (shrink)

Telic egalitarianism is famously threatened by the levelling down objection. In its canonical form, the objection purports to show that it is not, in itself, an improvement if inequality is reduced. In a variant that is less often discussed, the objection is that telic egalitarians are committed to believing that sometimes one ought to reduce inequality, even when doing so makes no one better off. The standard egalitarian response to this ‘all things considered’ variant of the levelling down objection is (...) to embed egalitarianism in a pluralist consequentialist moral theory. In section 1, I briefly recapitulate this familiar strategy. In section 2, I argue that this standard pluralist consequentialist response is inadequate. The inadequacy of the standard response, I argue, stems from the fact that the following are jointly inconsistent: (1) a commitment to levelling down's impermissibility; (2) standard pluralist egalitarian consequentialism; (3) inequality being of non-trivial importance; and (4) the most plausible measures of inequality's badness. In section 3, I show that egalitarians can better respond to the all-things-considered levelling down objection by embedding egalitarianism in a nonconsequentialist moral theory. (shrink)

Here is a tribute to humanity. When under dictatorial rule, with free speech much constrained, a young intellectual mimed; he mimed in a public square. He mimed a protest speech, a speech without words. People drew round to watch and listen; to watch the expressive gestures, the flicker of tongue, the mouthing lips; to listen to – silence. The authorities also watched and listened, but did nothing.

In a common example of the non-identity problem, a person deliberately conceives a child who she knows will have incurable blindness but a life well worth living. Although Wilma’s decision seems wrong, it is difficult to say why. This paper develops and defends a version of the “indirect strategy” for solving the NIP. This strategy rests on the idea that it is wrong to deliberately make it impossible to fulfill an obligation; consequently, it is wrong for Wilma to create Pebbles (...) because doing so makes it impossible to fulfill her obligation to protect her child from harms like blindness. A challenge for the indirect strategy is the well-known “rights waiver problem”: Since Pebbles’s very existence depends on Wilma’s having made herself unable to fulfill an obligation to Pebbles, Pebbles is likely to waive that obligation. I address this problem by recasting the indirect strategy in terms of a non-grievance evil. I argue that deliberately making it impossible to fulfill a moral obligation manifests a defective attitude toward morality—an attitude which sees moral obligations as things to be dodged whenever they are inconvenient. Next, I argue that acting on this attitude is a wrong-making feature that is independent of any wrong that might be done to Pebbles. I conclude that Wilma’s decision remains wrong even if Pebbles waives any objection to it. (shrink)

Maximizing want-satisfactionper seis a relatively unattractive aspiration, for it seems to assume that wants are somehow disembodied entities with independent moral claims all of their own. Actually, of course, they are possessed by particular people. What preference-utilitarians should be concerned with is how people's lives go—the fulfilment of their projects and the satisfaction of their desires. In an old-fashioned way of talking, it ishappy peoplerather thanhappiness per sethat utilitarians should be striving to produce.

Many philosophers and psychologists hold that intuitions are, or reduce to, beliefs. The argument from intuition without beliefs threatens to undercut any such doxastic account: since there are clear cases of intuition without belief, intuitions cannot be beliefs. Advocates of the intellectual seeming account conclude that intuitions belong to the basic mental kind of intellectual seeming. I argue that rightly understood, apparent cases of intuition without belief are cases of someone having the inclination to believe that p whilst believing that (...) not-p. These can be accommodated by a disjunctive doxastic account holding that to have an intuition is to either have a belief, or to have an inclination to believe. I conclude that intuitions reduce to beliefs, and that there is no need to acknowledge intellectual seemings as basic states in our mental taxonomy. (shrink)

RÉSUMÉ: Cet essai se concentre sur les tentatives de Hare de résoudre le problème du profiteur (free-rider) dans les termes de la théorie oú il distingue les niveaux intuitif et critique de la pensée morale. Hare fait valoir que la pensée critique correcte en utilitarisme des actes endosse les régles qui serviront a la pensée intuitive, règles enjoignant à un individu de s’acquitter de ses responabilités sociales, par exemplevoter ou recycler ses ordures. Je lais valoir que Hare propose ou suggère (...) implicitement divers critères de sélection des règles, critères que j’entreprends de désambiguïser. Je soutiens en outre qu’aucun de ces critères n’arrive à rèsoudre complètement le problème du profiteur. (shrink)

ABSTRACT:Employing utilitarian criteria, Jones and Felps, in “Shareholder Wealth Maximization and Social Welfare: A Utilitarian Critique” (Business Ethics Quarterly23[2]: 207–38), examined the sequential logic leading from shareholder wealth maximization to maximal social welfare and uncovered several serious empirical and conceptual shortcomings. After rendering shareholder wealth maximization seriously compromised as an objective for corporate operations, they provided a set of criteria regarding what a replacement corporate objective would look like, but do not offer a specific alternative. In this article, we draw (...) on neo-utilitarian thought to advance a refined version of normative stakeholder theory that we believe addresses a major remaining criticism of extant versions, their lack of specificity. More particularly, we provide a single-valued objective function for the corporation—stakeholder happiness enhancement—that would allow managers to make principled choices between/among policy options when stakeholder interests conflict. (shrink)

A comprehensive theory of rational prudence would explain how a person should adjudicate among the conflicting interests of her past, present, future and counterfactual selves. For example, when a person is having an identity crisis, perhaps because she has suddenly become disabled, she may be left with no sense of purpose to keep her going. In her despondent state, she may think it prudent to give up on life now even if she would soon adopt a different set of values (...) that would give her a renewed sense of meaning. Yet we may think that, in many cases, it would be irrational for such a person to allow herself to die. My aim is to explain this prudential intuition by developing a partial framework of rational prudence that interprets and applies the idea that a prudent person acts in ways that are justifiable to herself over time. (shrink)

While different worries about population size are present in public debates, political philosophers often take population size as given. This paper is an attempt to formulate a Rawlsian liberal egalitarian approach to population size: does it make sense to speak of ‘too few’ or ‘too many’ people from the point of view of justice? It argues that, drawing on key features of liberal egalitarian theory, several clear constraints on demographic developments – to the extent that they are under our control (...) – can be formulated. Based on these claims, we can clarify both the grounds and content of our obligations to future generations. (shrink)

In this thesis I am going to explore the relationship between happiness and imprisonment. I will discuss three theories of happiness - hedonism, life satisfaction theories and emotional states theories. I will argue that the main problem of these theories is that they take happiness to consist only of psychological states. Because of this, I will turn my attention towards those theories that evaluate happiness in terms of how well life is going for the person who is living it. I (...) will argue that my Aristotelian account is the most plausible way to understand the relationship between happiness and imprisonment. This is because it takes into account both the external circumstances and the psychological and emotional life of pnsoners. Through this thesis, I will show that my account of happiness in prison accomplishes three tasks: i) it solves the problems encountered by the other theories of happiness in the evaluation of prisoners' happiness, ii) it does not suffer from two of the main objections to the other objectivist theories of happiness, and iii) it can help us to investigate the happiness of prisoners empirically more accurately. (shrink)

This paper presents the results of a qualitative interview study exploring English and French physicians’ moral perspectives and attitudes towards end-of-life decisions when patients lack capacity to make decisions for themselves. The paper aims to examine the importance physicians from different contexts accord to patient preferences and to explore the role of advance directives in each context. The interviews focus on problems that emerge when deciding to withdraw/-hold life-sustaining treatment from both conscious and unconscious patients; decision-making procedures and the participation (...) of proxies/relatives; previous experience with ADs and views on their usefulness; and perspectives on ways in which the decision-making processes in question might be improved. The analysis reveals differences in the way patient preferences are taken into consideration and shows how these differences influence the reasons physicians in each country invoke to justify their reluctance to adhering to ADs. Identifying cultural differences that complicate efforts to develop the practical implementation of ADs can help to inform national policies governing ADs and to better adapt them to practice. (shrink)

Let me begin with what may seem a very minor point, but one which I think reveals something about how many philosophers today conceive of their subject. During the past few decades, there has been an increasing tendency for references in philosophy books and articles to be formatted in the ‘author and date’ style (‘see Fodor (1996)’, ‘see Smith (2001)’.) A neat and economical reference system, you may think; and it certainly saves space, albeit inconveniencing readers by forcing them to (...) flip back to the end of the chapter or book to find the title of the work being referred to. But what has made this system so popular among philosophers? A factor which I suspect exerts a strong subconscious attraction for many people is that it makes a philosophy article look very like a piece of scientific research. For if one asks where the ‘author-date’ system originated, the answer is clear: it comes from the science journals. And in that context, the choice of referencing system has a very definite rationale. In the progress-driven world of science, priority is everything, and it's vitally important for a career that a researcher is able to proclaim his work as breaking new ground. Bloggs (2005) developed a technique for cloning a certain virus; Coggs (2006) showed how certain bits of viral DNA could be spliced; and now Dobbs (2007) draws on both techniques to develop the building blocks of a new vaccine. The idea is that our knowledge-base is enhanced, month by month and year by year, in small incremental steps (perhaps with occasional major breakthroughs); and in the catalogue of advances, the date tagged to each name signals when progress was made, and by whom. (shrink)

Two related asymmetries have been discussed in relation to the ethics of creating new lives: First, we seem to have strong moral reason to avoid creating lives that are not worth living, but no moral reason to create lives that are worth living. Second, we seem to have strong moral reason to improve the wellbeing of existing lives, but, again, no moral reason to create lives that are worth living. Both asymmetries have proven very difficult to account for in any (...) coherent moral framework. I propose an impersonal population axiology to underpin the asymmetries, which sidesteps the problematic issue of whether or not people can be harmed or benefited by creation or non-creation. This axiology yields perfect asymmetry from a deliberative perspective, in terms of expected value. The axiology also yields substantial asymmetry for large and realistic populations in terms of their actual value, beyond deliberative relevance. (shrink)

Ruth Tallman has recently offered a defense of the modified youngest first principle of scarce resource allocation [1]. According to Tallman, this principle calls for prioritizing adolescents and young adults between 15–40 years of age. In this article, I argue that Tallman’s defense of the modified youngest first principle is vulnerable to important objections, and that it is thus unsuitable as a basis for allocating resources. Moreover, Tallman makes claims about the badness of death for individuals at different ages, but (...) she lacks an account of the loss involved in dying to support her claims. To fill this gap in Tallman’s account, I propose a view on the badness of death that I call ‘Deprivationism’. I argue that this view explains why death is bad for those who die, and that it has some advantages over Tallman’s complete lives view in the context of scarce resource allocation. Finally, I consider some objections to the relevance of Deprivationism to resource allocation, and offer my responses. (shrink)