This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is appropriate to (...) describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

The distinction between agent-relative reasons and agent-neutral reasons is philosophically important, but there is no consensus on how to understand the distinction exactly. In this paper, I discuss several interpretations of the distinction that can be found in the literature: the Motivational Interpretation, the Scope Interpretation, and the Goal Interpretation, and argue that none of these interpretations is entirely convincing. I propose a novel interpretation of the distinction, which I call the Normative Force Interpretation, according to which the distinction between (...) agent-relative reasons and agent-neutral reasons concerns the normative force that these reasons can have for agents. (shrink)

Sustainable Development Goals, which serve as the primary feature of the 2030 Agenda for Sustainable Development, and Nationally Determined Contributions, which serve as a vital instrumental of the UNFCCC’s Paris Agreement, have clear synergies. Both are focused, in part, on responding to challenges presented to human well-being. There are good practical reasons to integrate development efforts with a comprehensive response to climate change. However, at least in their current form, these two policy instruments are ill-suited to this task. Where SDGs (...) are focused on supporting considerations of human flourishing to which policy needs to respond, NDCs, in their current form, are dependent on the determinations of the nations that generate them. I conclude that the best means of integrating these two policy initiatives require moving past the subjective foundations of NDCs. (shrink)

The distinction between the agent-relative and the agent-neutral plays a prominent role in recent attempts to taxonomize normative theories. Its importance extends to most areas in practical philosophy, though. Despite its popularity, the distinction remains difficult to get a good grip on. In part this has to do with the fact that there is no consensus concerning the sort of objects to which we should apply the distinction. Thomas Nagel distinguishes between agent-neutral and agent-relative values, reasons, and principles; Derek Parfit (...) focuses on normative theories (and the aims they provide to agents), David McNaughton and Piers Rawling focus on rules and reasons, Skorupski on predicates, and there are other suggestions too. Some writers suspect that we fundamentally talk about one and the same distinction. This work is about practical reasons for action rather than theoretical reasons for belief. Moreover, focus is on whether reasons do or do not essentially refer to particular agents. A challenge that undermines the dichotomy in this sense is posed. After having rejected different attempts to defend the distinction, it is argued that there is a possible defence that sets out from Jonathan Dancy’s recent distinction between enablers and favourers. (shrink)

Philosophy can serve two roles in relation to moral thinking: first, to provide a meta-ethical commentary on the nature of moral thought, as the methodology or the philosophy of science provides a commentary on the nature of scientific thought; and second, to build on the common presumptions deployed in people's moral thinking about moral issues, looking for a substantive moral theory that they might support. The present essay addresses the nature of this second role; illustrates it with substantive theories that (...) equate moral obligations respectively with requirements of nature, self-interest, benevolence, reason and justifiability; and outlines a novel competitor in which the focus is shifted to requirements of co-reasoning and respect. (shrink)

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 (...) own appropriate response to some agent-neutral value. This view helps reconcile important elements of deontology and consequentialism. (shrink)

I argue that agent-centered options to favor and sacrifice one’s own interests are grounded in a particular aspect of self-ownership. Because you own your interests, you are entitled to a say over how they are used. That is, whether those interests count for or against some action is, at least in part, to be determined by your choice. This is not the only plausible argument for agent-centered options. But it has some virtues that other arguments lack.

According to the view we may term “strong cognitivism”, all reasons for action are rooted in normative features that the motivated subject takes objects to have independently of her attitudes towards these objects. The main concern of this paper is to argue against strong cognitivism, that is, to establish the view that conative attitudes do provide subjects with reasons for action. The central argument to this effect is a top-down argument: it proceeds by an analysis of the complex phenomenon of (...) love and derives a conclusion regarding the nature of more basic mental phenomena—particular desires. More specifically, its starting point is the crude intuition that the significance conferred by love upon its objects is of a distinctively personal kind—an intuition that is expressed by the apparent non-substitutability of two similar subjects only one of whom is loved with respect to their importance for the lover. I argue that the initial notion of non-substitutability can be refined and modified so as to form a real challenge to all versions of strong cognitivism and to establish the existence of attitude-dependent reasons. (shrink)

Altruistic self-sacrifice is rare, supererogatory, and not to be expected of any rational agent; but, the possibility of giving up one's life for the common good has played an important role in moral theorizing. For example, Judith Jarvis Thomson (2008) has argued in a recent paper that intuitions about altruistic self-sacrifice suggest that something has gone wrong in philosophical debates over the trolley problem. We begin by showing that her arguments face a series of significant philosophical objections; however, our project (...) is as much constructive as critical. Building on Thomson's philosophical argument, we report the results of a study that was designed to examine commonsense intuitions about altruistic self-sacrifice. We find that a surprisingly high proportion of people judge that they should give up their lives to save a small number of unknown strangers. We also find that the willingness to engage in such altruistic self-sacrifice is predicted by a person's religious commitments. Finally, we show that folk-moral judgments are sensitive to agent-relative reasons in a way that diverges in important ways from Thomson's proposed intuitions about the trolley problem. With this in mind, we close with a discussion of the relative merits of folk intuitions and philosophical intuitions in constructing a viable moral theory. (shrink)

The agent-relative/agent-neutral distinction is one of the most important in contemporary moral theory. Yet, providing an adequate formal account of it has proven difficult. In this article I defend a new formal account of the distinction, one that avoids various problems faced by other accounts. My account is based on an influential account of the distinction developed by McNaughton and Rawling. I argue that their approach is on the right track but that it succumbs to two serious objections. I then (...) show how to formulate a new account that follows the key insights of McNaughton and Rawling’s approach yet avoids the two objections. (shrink)

Several critics have argued that private prisons are not only problematic because of their worse effects but also intrinsically wrong. This article analyzes two prominent arguments for this claim: the representation argument and the condemnation argument. The conclusion is that these arguments fail to show that there is something intrinsically wrong about private prisons. This is especially true if the arguments are extended to non-profit private prisons under social injustice contexts that states are responsible for. In such cases, non-profit private (...) prisons might not only be on a par with public prisons but be preferable to them. However, the arguments are also insufficient to oppose every conceivable for-profit private prison. (shrink)

In recent years the distinction between agent-relative and agent-neutral reasons has been taken by many to play a key role in distinguishing deontology from consequentialism. It is central to all universalist consequentialist theories that value is determined impersonally; the real value of any state of affairs does not depend on the point of view of the agent. No reference, therefore, to the agent or to his or her position in the world need enter into a consequentialist understanding of what makes (...) an action right or wrong or morally permissible. Consequentialism thus provides an agent-neutral account of both the right and the good. (shrink)

The leading accounts of respect for others usually assume that persons have a rational nature, which is a marvelous thing, so they should be respected like other objects of ‘awesome’ value. Kant's views about the ‘value’ of humanity, which have inspired contemporary discussions of respect, have been interpreted in this way. I propose an alternative interpretation in which Kant proceeds from our own rational self‐regard, through our willingness to reciprocate with others, to duties of respect for others. This strategy, which (...) shares some similarities with moral contractualism, offers a way to justify other‐regarding moral requirements from self‐regarding rational dispositions. (shrink)

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy (...) of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning. (shrink)

The traditional debate about moral dilemmas concerns whether there are circumstances in which an agent is subject to two obligations that cannot both be fulfilled. Realists maintain there are. Irrealists deny this. Here I defend an alternative, methodologically-oriented position wherein the denial of genuine moral dilemmas functions as a regulative ideal for moral deliberation and practice. That is, moral inquiry and deliberation operate on the implicit assumption that there are no genuine moral dilemmas. This view is superior to both realism (...) and irrealism in accounting for moral residue and other crucial phenomenological dimensions of our experience of moral dilemmas. (shrink)

We all have agent-relative permissions to give extra weight to our own well-being. If you and two strangers are drowning, and you can save either yourself or two strangers, you have an agent-relative permission to save yourself. But is it possible for you to ‘vest’ your agent-relative permissions in a third party – a ‘proxy’ – who can enact your agent-centered permissions on your behalf, thereby permitting her to do what would otherwise be impermissible? Some might think that the answer (...) is ‘no’; it is definitive of agent-centered permissions that they apply only to the individuals ineliminably referenced in the content of that reason, which means that they lack reason-giving force for any ostensible proxy. The purpose of this paper is to show that vesting agent-relative permissions is indeed possible, provide an account of how agent-relative permissions are vested by considering the structure of rights more generally, and show that we have a right to vest such permission in this way. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)