Criminal law theorists overwhelmingly agree that for some conduct to constitute punishment, it must be imposed intentionally. Some retributivists have argued that because punishment consists only of intentional inflictions, theories of punishment can ignore the merely foreseen hardships of prison, such as the mental and emotional distress inmates experience. Though such distress is foreseen, it is not intended, and so it is technically not punishment. In this essay, I explain why theories of punishment must pay close attention to the unintentional (...) burdens of punishment. In two very important contexts — punishment measurement and justification — we use the term “punishment” to capture not only intentional harsh treatment but certain unintentional harsh treatment as well. This means that the widely accepted view that punishment is an intentional infliction requires substantial caveats. It also means that any purported justification of punishment that addresses only the intentional infliction of punishment is woefully incomplete. -/- [This paper has been published under a Creative Commons Attribution-NonCommercial-ShareAlike license.]. (shrink)

Even where an act appears to be responsible, and satisfies all the conditions for responsibility laid down by society, the response to it may be unjust where that appearance is false, and where those conditions are insufficient. This paper argues that those who want to place considerations of responsibility at the centre of distributive and criminal justice ought to take this concern seriously. The common strategy of relying on what Susan Hurley describes as a 'black box of responsibility' has the (...) advantage of not taking responsibility considerations to be irrelevant merely because some specific account of responsibility is mistaken. It can, furthermore, cope perfectly well with an absence of responsibility, even of the global sort implied by hard determinism and other strongly sceptical accounts. Problems for the black box view come in where responsibility is present, but in a form that is curtailed in one significant regard or another. The trick, then, is to open the box of responsibility just enough that its contents can be the basis for judgements of justice. I identify three 'moderately sceptical' forms of compatibilism that cannot ground judgements of justice, and are therefore expunged by the strongest 'grey box' view. (shrink)

Hume’s examination of the conventions of property, trade, and contract addresses the moral foundations that make business possible. In this light, Hume’s theory of justice is also a foundational work in business ethics. In Hume’s analysis of these conventions, both philosophers and game theorists have correctly identified “proto” game-theoretic elements. One of the few attempts to offer a Humean theory of business ethics rests on this game-theoretic interpretation of Hume’s argument. This article argues that game-theoretic reasoning is only one part (...) of a Humean business ethics and this can be shown by further analyzing Hume’s theory of justice. As we examine his theory, it becomes clear that Hume is not trying to show how it is always rational to respect the rules of business. Hume is not engaging in, or attempting, a reconciliation project and neither is a Humean business ethics. The final section of the article is a brief Humean analysis of the effectiveness of codes of ethics. The purpose of this section is not to decide the issue but to show how a Humean approach is both useful, relevant, and involves more than reconciling rationality and morality. (shrink)

This paper argues that the rules that constitute a market protect autonomy and increase welfare in healthcare. Markets do the former through protecting rights to self-ownership and a cluster of rights that protect its exercise. Markets protect welfare by organizing and protecting trades. In contrast, prohibition destroys legitimate markets, giving rise to so-called black markets that harm both the autonomy and well-being of agents. For example, a fee-for-service medical system is a highly developed and specialized market. It is individuals working (...) together, through the division of labor, to provide mutual insurance. This coordination, and the benefits it makes possible, is not possible without injunctions against harm. Prohibitions on harm are not mere ethical niceties, they are practice rules for both healthcare and markets. Placing the doctor within a healthcare market actually reinforces the doctor’s moral obligation, and the legal enforcement of that obligation, not to harm. Similarly, markets reinforce patient rights to self-determination through legal and institutional enforcement of the harm principle in the form of the protection of certain basic welfare rights to life, bodily integrity, property, trade, and contract. Since the establishment of markets protects agent autonomy and welfare, and prohibition directly harms the same, there are strong reasons for establishing markets to protect trade in precisely those areas where autonomy and well-being are most vulnerable to exploitation, for example, the trade in human kidneys. (shrink)

The notion that the firm, and economic activity in general, is inherently amoral is a central feature of positive economics that is also widely accepted in business ethics. Theories as disparate as stockholder and stakeholder theory both leave this central assumption unchallenged. Each theory argues for a different set of external ethical restrictions, but neither adequately provides an internal connection between business and the ethical rules business people are obliged to follow. This paper attempts to make this connection by arguing (...) that the purpose of business is to produce a good or service for trade. Trade involves both a respect for individual autonomy and property rights and squarely places moral norms internal to the practice of business. Trade is not a contingent activity of business, it is a practice rule which also provides the common sense boundary between business and charity on the one hand, and crime on the other. Business and those who engage in it are, from the internal point of view, bound by the purpose of trade and not just the laws of the land. (shrink)

This article clarifies what a neuroscience challenge to criminal justice must look like by sketching the basic structure of the argument, gradually filling out the details and illustrating the conditions that must be met for the challenge to work. In the process of doing so it explores influential work by Joshua Greene and Jonathan Cohen, and Stephen Morse respectively, arguing that the former should not be understood to present a version of the challenge, and that the latter's argument against the (...) challenge is unpersuasive. This analysis allows the article to flesh out the challenge, and demonstrate why it is currently non-completeable. However, the paper argues that contrary to what is often assumed the burden of proof falls on the defenders of criminal justice, and that they will find meeting it a monumental task. (shrink)

There is currently much concern over the use of pharmaceuticals and other biomedical techniques to enhance athletic performance—a practice we might refer to as doping. Many justifications of anti-doping efforts claim that doping involves a serious moral transgression. In this article, I review a number of arguments in support of that claim, but show that they are not conclusive, suggesting that we do not have good reasons for thinking that doping is wrong.

Is democracy a gift economy—that is, one essentially distinct from, and opposed to, reduction to transactional exchanges such as those typical in a market economy? Beginning with a case study of success, this paper considers the role of scaleable effects in destabilizing the relationship between merit and reward. This opens up the question of how the general issue of “title” functions in larger systems of merit and reward, crucially including politics. Pursuing Jacques Rancière’s insights concerning hatred of democracy, we can (...) begin to see the importance of “the drawing of lots” in mechanisms of political legitimation—the paradoxical “title which is no title,” which might just be the gift we democrats are looking for. (shrink)

In ‘Why Criminal Law: A Question of Content?’, Douglas Husak argues that an analysis of the justifiability of the criminal law depends upon an analysis of the justifiability of state punishment. According to Husak, an adequate justification of state punishment both must show why the state is permitted to infringe valuable rights such as the right not to be punished and must respond to two distinct groups of persons who may demand a justification for the imposition of punishment, namely, individuals (...) subjected to punishment and the society asked to support the institution of punishment. In this discussion, I analyse Husak’s account of the right not to be punished with an eye to showing that the parameters of that right do not extend to the cases that would make it controversial. I also consider two other distinct groups of persons who have equal standing to alleged offenders and society to demand justification for the imposition of state punishment, namely, direct victims of crimes and criminal justice officials. (shrink)

Spoofing—placing orders on financial exchanges intending to withdraw them prior to execution—is widely legally prohibited. I argue instead on two main grounds that spoofing should be permitted and legalised. The first is that spoofing as a form of bluffing remains within the market practice of making legally binding offers—as opposed to lying or betraying trust—and primarily concerns the spoofer’s personal information. As a form of bluffing spoofing helps prevent financial speculators, in particular high-frequency algorithmic traders, from easily profiting by other (...) market actors reliably revealing their underlying preferences through their market activity. The second is that at the systemic level permitting spoofing would benefit non-speculative actors who place orders to hedge economic risk and whose activities provide the raison d’être for financial exchanges, differentiating them from simple forums for gambling. I also address potential concerns that legalised spoofing would drive speculators out of financial markets entirely and, therefore, undermine market liquidity. This work contributes to the wider debate in business ethics regarding bluffing by illustrating the acceptability of bluffs which do not betray counterparty trust or reliance on testimony by remaining within the framework of market practices. (shrink)

Compensation and reparation are two parts or forms of compensatory or corrective justice. This essay aims, first, to distinguish, define, and analyze these two forms as against distributive and penal justice; and, second, to provide a moral justification of a system or social practice of compensation and of reparation, drawing on the ideas of Aristotle, William Blackstone, Bernard Boxill, John Rawls, and James Sterba. Then, by applying the results of the analysis to the first genocide of the twentieth century, the (...) Armenian genocide, it illustrates certain difficulties in realizing reparative justice when the wrongful injury is perpetrated by a sovereign state, and it emphasizes the paramount importance in such cases of the acknowledgment of wrong by the perpetrator. (shrink)

In this paper, I defend the following thesis: The Problem of Symmetrical Attackers does not falsify forfeiture theory. The theory asserts that except in the case where violence is necessary to avoid a catastrophe, only those who forfeit their rights are liable for defensive violence. The problem focuses on the following sort of case. Symmetrical Attacker Case Al and Bob are doppelgangers. They both mistakenly but justifiably think that the other is about to attack him. They both respond with violence (...) that is necessary and that they think is necessary to prevent the attack. The problem is that one person forfeit his right if and only if the second does not and that it appears to be impossible for both or neither to forfeit. I argue that the forfeiture theory is not falsified by this problem because the problem is equally damaging to every plausible theory of permissible defensive violence. (shrink)

There are puzzle cases that forfeiture theory has trouble handling, such as the issue of what happens to the rights of two qualitatively identical people who simultaneously launch unprovoked attacks against the other. Each person either has or lacks the right to defend against the other. If one attacker has the right, then the other does not and vice versa. Yet the two are qualitatively identical so it is impossible for one to have the right if the other does not. (...) The Problem of Symmetrical Attackers is a problem for non-consequentialism because the most plausible non-consequentialist theories assume that people have rights and can lose them by forfeiting them or waiving them. This article considers whether consequentialism can get around this problem. (shrink)

This paper argues that promises are proposals in joint practical deliberation, the activity of deciding together what to do. More precisely: to promise to ϕ is to propose (in a particular way) to decide together with your addressee(s) that you will ϕ. I defend this deliberative theory by showing that the activity of joint practical deliberation naturally gives rise to a speech act with exactly the same properties as promises. A certain kind of proposal to make a joint decision regarding (...) one's own actions turns out to have the very same normative effects, under the very same conditions, as a promise. I submit that this cannot be a coincidence: we should conclude that promises and the relevant kind of proposals in joint practical deliberation are one and the same. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

ABSTRACTThis paper is concerned with the reasons for the emergence and dominance of analytic philosophy in America. It closely examines the contents of, and changing editors at, The Philosophical Review, and provides a perspective on the contents of other leading philosophy journals. It suggests that analytic philosophy emerged prior to the 1950s in an environment characterized by a rich diversity of approaches to philosophy and that it came to dominate American philosophy at least in part due to its effective promotion (...) by The Philosophical Review’s editors. Our picture of mid-twentieth-century American philosophy is different from existing ones, including those according to which the prominence of analytic philosophy in America was basically a matter of the natural affinity between American philosophy and analytic philosophy and those according to which the political climate at the time was hostile towards non-analytic approaches. Furthermore, our reconstruction suggests a new perspective on the nature of 1950s analytic philosophy. (shrink)

The normativity of meaning—introduced by Kripke in 1982, and the subject of active debate since the early 1990s—has been exclusively understood in terms of duty-imposing norms. But there are norms of another type, well-known within the philosophy of law: authority-conferring norms. Philosophers thinking and writing about the normativity of meaning—normativists, anti-normativists, and even Kripke himself—seem to have failed to consider the possibility that semantic norms are authority-conferring. I argue that semantic norms should be understood as having an authority-conferring structure, and (...) show how this allows normativism about meaning to escape the two most popular arguments against it. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 331-355, December 2021.

This paper presents a series of arguments aimed at showing that, for an important subclass of social rules—non‐summary rules—no adequate metaphysical account has been given, and it tentatively suggests that no such account can be given. The category of non‐summary rules is an important one, as it includes the rules of etiquette, fashion, chess, basketball, California state law, descriptive English grammar, and so on. This paper begins with behavioristic accounts of the conditions for the existence of such rules, and proceeds (...) through progressively more complex accounts, all the way to what are labeled ‘normative attitude accounts,’ which are prima facie plausible and particularly popular. In each case it is argued that the type of account under consideration cannot explain the existence of the relevant type of social rule. (shrink)

Though legal positivism remains popular, HLA Hart’s version has fallen somewhat by the wayside. This is because, according to many, the central task of a theory of law is to explain the so-called ‘normativity of law’. Hart’s theory, it is thought, is not up to the task. Some have suggested modifying the theory accordingly. This paper argues that both Hart’s theory and the normativity of law have been misunderstood. First, a popular modification of Hart’s theory is considered and rejected. It (...) stems from a misunderstanding of Hart and his project. Second, a new understanding of the mysterious but often-mentioned ‘normativity of law’ is presented. Once we have dispelled some misunderstandings of Hart’s view and clarified the sense in which law is supposed to be normative, we see that Hart’s view, unmodified, is well suited to the task of explaining law’s normativity. (shrink)

Using a framework from recent metaphysics and philosophy of science, according to which we have two concepts of cause, producer and necessary condition, we investigate causal notions in Antiphon’s Second Tetralogy, which concerns the unintentional homicide of a boy by a javelin-throwing youth. The prosecution maintains that the youth, having produced the boy’s death, is legally responsible; the defense argues, first, that the youth is patient, not agent, of a missing-the-target, and second, that the boy’s death depends on his running (...) into the javelin’s path, so that identifying the cause requires evaluating the contrasts implicit in any causal claim. (shrink)

In this paper, I focus on the idea that language is a rule‐constituted and rule‐governed practice. This notion has been criticised recently. It has been claimed that, even if linguistic meaning is determined by rules, these rules are not genuinely normative because they do not govern actions within the practice by themselves. It has been emphasised that one needs to consent (e.g., has relevant intention or desire) to be a part of that practice. First, I distinguish between two issues: (1) (...) How do rules come to life? (and the answer to that question is by enactment or communal acceptance), and (2) does being assessed by the standards set by the rules require some form of consent for one's actions to be evaluated by these standards? Then, I demonstrate how, by introducing the notion of “default normativity”, one can defend the idea that there are normative practices that are constituted and governed by rules and that language is one of them. (shrink)

We have taken a look at the rules of games in order to acquire some knowledge concerning constitutive rules and, probably, institutional phenomena in general. In this paper we tried to elaborate a system account of constitutive rules. We claim that all accounts that put emphasis on the form of rules are vulnerable. It appears that constitutive rules are interconnected and always form a system that can be internally differentiated. Thanks to adopting certain qualitative criterion we were able to distinguish (...) central and peripheral constitutive rules. Moreover, that very account makes it possible to distinguish between different types of practices that are determined by types of systems of rules. Secondly, it appears there are three “layers” of games that should not be confused: deep conventions, constitutive rules that establish the game and determine games’ identities, and “rules of efficiency” that are some sort of recommendations as to how to play well. (shrink)

This paper is an attempt to examine Mattias Kiesselbach’s account of the thesis that meaning is normative that was presented in his recently published article titled “The normativity of meaning: from constitutive norms to prescriptions.” Kiesselbach’s account has three crucial points: the applicability of norms, the transtemporal character of the constitutive norms and commitments incurred by or attributed to the speaker within the scorekeeping practice. I will discuss all these crucial points, and I will argue that his account raises many (...) questions and the anti-prescriptivist about meaning can have reasonable doubts about all of them. (shrink)

I explore some interpretations of the practice of international market reliance that forms the focus of Aaron James' book, and I wonder how our actual practices help to settle what we should go on to do now.

Negotiation and deliberation are two context types or genres of discourse widely studied in the argumentation literature. Within the pragma-dialectical framework, they have been characterised in terms of the conventions constraining the use of argumentative discourse in each of them. Thanks to these descriptions, it has become possible to analyse the arguers’ strategic manoeuvres and carry out more systematic, context-sensitive evaluations of argumentative discussions. However, one issue that still must be addressed in the pragma-dialectical theory—and other contextual approaches to argumentation—is (...) how to distinguish negotiation and deliberation in practice. In this paper, I seek to develop criteria that can help the analyst identify them in discourse. To this end, I characterise the felicity conditions of the superordinate speech acts defining and structuring deliberation and negotiation encounters. (shrink)

Moral theories often issue general principles that explain our moral judgments in terms of underlying moral considerations. But it is unclear whether the general principles have an explanatory role beyond the underlying moral considerations. In order to avoid the redundancy of their principles, two-level theories issue principles that appear to generalize beyond the considerations that ground them. In doing so, the principles appear to overgeneralize. The problem is conspicuous in the case of contractualism, which proposes that moral principles are grounded (...) in generic reasons that operate in only a subset of the cases covered by the relevant principle. Arguments that motivate the use of generic reasons on the basis of guidance, institutional necessity, or fairness are unsatisfactory. But the generality of moral principles can be justified in terms of the idea of a generic interest, which is an interest that all occupants of a standpoint have in virtue of what occupants of the standpoint as such typically take an interest in. The notion of a generic interest therefore acknowledges a distinction between having and taking an interest, and its use in moral theory is a way of giving expression to the significance of autonomy. This is reminiscent of the idea of a normative power; but the idea of a generic interest is less expensive and makes better sense of the way in which autonomy features in our moral lives. (shrink)

In this paper I use the concept of forbidden knowledge to explore questions about putting limits on science. Science has generally been understood to seek and produce objective truth, and this understanding of science has grounded its claim to freedom of inquiry. What happens to decision making about science when this claim to objective, disinterested truth is rejected? There are two changes that must be made to update the idea of forbidden knowledge for modern science. The first is to shift (...) from presuming that decisions to constrain or even forbid knowledge can be made from a position of omniscience (perfect knowledge) to recognizing that such decisions made by human beings are made from a position of limited or partial knowledge. The second is to reject the idea that knowledge is objective and disinterested and accept that knowledge (even scientific knowledge) is interested. In particular, choices about what knowledge gets created are normative, value choices. When these two changes are made to the idea of forbidden knowledge, questions about limiting or forbidding lines of inquiry are shown to distract attention from the more important matters of who makes and how decisions are made about what knowledge is produced. Much more attention should be focused on choosing directions in science, and as this is done, the matter of whether constraints should be placed on science will fall into place. (shrink)

In this paper, we outline a new method for evaluating the human impact of machine-learning applications. In partnership with Underwriters Laboratories Inc., we have developed a framework to evaluate the impacts of a particular use of machine learning that is based on the goals and values of the domain in which that application is deployed. By examining the use of artificial intelligence in particular domains, such as journalism, criminal justice, or law, we can develop more nuanced and practically relevant understandings (...) of key ethical guidelines for artificial intelligence. By decoupling the extraction of the facts of the matter from the evaluation of the impact of the resulting systems, we create a framework for the process of assessing impact that has two distinctly different phases. (shrink)

This article discusses the claim made by Kierkegaard in Fear and Trembling that the story of Abraham involves a ?teleological suspension of the ethical?. It tries to show that this claim is intelligible and plausible when considered within the context of a philosophical position which views morality as a system of duties.

Extant business ethics literature available for application to international business demonstrates some variety but no comprehensive principles. While the domains of both international business and business ethics are expanding, they are also becoming increasingly divergent. At the same time, the primacy accorded to the multinational enterprise in both fields ignores the socio-cultural and political embeddedness of economic activities, and multiple agencies in international business (individuals, firms, nations, etc.). Some international business theorists have offered the view that international exchange should be (...) the central building block for theories on international business. In this paper, it is argued that international exchange could be the fundamental unit of analysis for international business ethics as well. The potentially unifying features of exchange norms and ethical principles leads the author to develop some core exchange ethics principles that are tested on three recent international business practices. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance by (...) a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

Moral nihilists need an answer: if moral discourse is fatally flawed, how are we to proceed? A popular option is fictionalism, to uphold the flawed discourse in the mode of a fiction. My thesis is that fictionalism is not the best available answer to the nihilist; a better one is revisionism, the proposal to refashion the discourse so as to cure it of all flaws. Should it be possible to revise the discredited practice, by removing what is erroneous while keeping (...) what is beneficial, the twisted allegiance to the original practice already recognized as flawed which characterizes fictionalism becomes entirely moot. Fictionalism fully worked out, I argue in this paper, is going to lead us to the very doorsteps of revisionism. (shrink)

This article details the degree to which the ideal of punishment proportional to desert forces changes in how we think of deontological morality. More specifically, the proportionality ideal forces us to abandon the simple, text-like view of deontological moral norms, and it forces us to acknowledge that those norms are not uniformly categorical in their force.

Discussions of the morality of capital punishment, and indeed discussions of the morality of punishment in general, usually assume that there are two possible justifications of punishment, a deterrence justification associated with utilitarianism and other consequentialist moral theories, and a retributive justification associated with deontological moral theories. But now that rights-based theories are attracting the increasing attention of moral philosophers it is worth asking whether these theories may not employ a different justification of punishment, with different consequences for the morality (...) of particular forms of punishment. I will argue that rights theories do employ a different justification of punishment, and that this justification combines many of the attractive features of the deterrence and retributive justifications while avoiding their unattractive features. In particular, I will argue that the rights-based justification has more attractive consequences for the morality of capital punishment than either the deterrence or retributive justifications. (shrink)

Coordination problems, problems in which each agent's expected utility depends upon what other agents do, pose a problem for act utilitarianism. When the agents are act utilitarians and know of each other that they are so, they seem unable to achieve optimal outcomes in certain coordination problems. I examine various ways the act utilitarian might attempt to solve this problem, where act utilitarianism is interpreted within the framework of subjective expected utility theory. In particular, a new method for computing expected (...) utility,dynamic deliberation, deserves examination as a possible act utilitarian solution to coordination problems. I argue that even dynamic deliberation fails to give the act utilitarian what he needs in coordination problems, and that the failure of act utilitarianism for such problems suggests the need for an alternative theory of moral choice along rule utilitarian lines. (shrink)

We introduce a solution concept for cooperative games with transferable utility and a coalition structure that is proportional for two-player games. Our value is obtained from generalizing a proportional value for cooperative games with transferable utility in a way that parallels the extension of the Shapley value to the Owen value. We provide two characterizations of our solution concept, one that employs a property that can be seen as the proportional analog to Myerson’s balanced contribution property; and a second one (...) that relies on a consistency property. (shrink)

The dispute over professional conscientious objection presumes a picture of medicine as a practice governed by rules. This rule-based conception of medical practice is identifiable with John Rawls’s conception of social practices. This conception does not capture the character of medical practice as experienced by practitioners, for whom it is a sensibility or “form of life” rather than rules. Moreover, the sensibility of medical practice as experienced by physicians is at best neutral, and at worst hostile, to the demands of (...) those who would override physician conscientious objection to the provision of currently contested services. That being so, calls for overriding physician conscientious objection are much more demanding of the medical profession than they appear in light of Rawls’s view. As such overriding may entail the forcible transformation of medicine’s form of life, the author contends that it would be more prudent to provide contested services by circumventing the medical profession than by compelling it. (shrink)

One of the attractions of the Humean instrumentalist theory of practical rationality is that it appears to offer a special connection between an agent's reasons and her motivation. The assumption that Humeanism is able to assert a strong connection between reason and motivation has been challenged, most notably by Christine Korsgaard. She argues that Humeanism is not special in the connection it allows to motivation. On the contrary, Humean theories of practical rationality do connect reasons and motivation in a unique (...) and attractive way, though the nature of this connection has sometimes been misunderstood by both defenders and detractors of the theory. (shrink)

Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of using the procedure. So, for example, (...) defenders of benefit/cost analysis (BCA) are frequently tempted to argue that this procedurejust isthe calculation of moral Tightness – perhaps that what itmeansfor an action to be morally right is just for it to have the best benefit-to-cost ratio given the accounts of “benefit” and “cost” that BCA employs. They suggest, in defense of BCA, that they have found the moral calculus – Bentham's “unabashed arithmetic of morals.” To defend BCA in this manner is to commit oneself to one member of a family of moral theories (let us call thembenefit/cost moral theoriesorB/C moral theories) and, also, to the view that if a procedure is (so to speak) the direct implementation of a correct moral theory, then it is a justified procedure. Neither of these commitments is desirable, and so the temptation to justify BCA by direct appeal to a B/C moral theory should be resisted; it constitutes an unwarranted short cut to moral foundations – in this case, an unsound foundation. Critics of BCA are quick to point out the flaws of B/C moral theories, and to conclude that these undermine the justification of BCA. But the failure to justify BCA by a direct appeal to B/C moral theory does not show that the technique is unjustified. There is hope for BCA, even if it does not lie with B/C moral theory. (shrink)

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of public (...) reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (shrink)

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of public (...) reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (shrink)