Recent years have seen a certain impatience with John Rawls's approach to political philosophy and calls for the discipline to move beyond it. One source of dissatisfaction is Rawls's idea of a well-ordered society. In a recent article, Alex Schaefer has tried to give further impetus to this movement away from Rawlsian theorizing by pursuing a question about well-ordered societies that he thinks other critics have not thought to ask. He poses that question in the title of his article: “Is (...) Justice a Fixed Point?.” Though Schaefer is critical of Rawlsian political theorizing, I shall contend that his arguments also suggest two paths forward for those who would follow the Rawlsian approach. First, the intellectual devices Schaefer deploys help those who would continue the Rawlsian project to see, and precisely to chart, the next step that that project needs to take—a step necessitated by a concession Rawls himself made late in the development of political liberalism. Second, the clarity and economy with which Schaefer lays out his alternative to the Rawlsian approach make it possible to state some fundamental Rawlsian challenges to a form of theorizing that has considerable appeal to many critics of that approach. (shrink)

According to HealthCare.gov, by improving access to quality health for all Americans, the Affordable Care Act (ACA) will reduce disparities in health insurance coverage. One way this will happen under the provisions of the ACA is by creating a new health insurance marketplace (a health insurance exchange) by 2014 in which “all people will have a choice for quality, affordable health insurance even if a job loss, job switch, move or illness occurs”. This does not mean that everyone will have (...) whatever insurance coverage he or she wants. The provisions of the ACA require that each of the four benefit categories of plans (known as bronze, silver, gold and platinum) provides no less than the benefits available in an “essential health benefits package”. However, without a clear understanding of what criteria must be satisfied for health care to be essential, the ACA’s requirement is much too vague and open to multiple, potentially conflicting interpretations. Indeed, without such understanding, in the rush to provide health insurance coverage to as many people as is economically feasible, we may replace one kind of disparity (lack of health insurance) with another kind of disparity (lack of adequate health insurance). Thus, this paper explores the concept of “essential benefits”, arguing that the “essential health benefits package” in the ACA should be one that optimally satisfies the basic needs of the people covered. (shrink)

The article propounds a justification of public health interventionism grounded on personal health as an intermediate human end in the ethical domain, on an interpretation of Aristotle. This goes beyond the position taken by some liberals that health should be understood as a prudential good alone. A second, but independent, argument is advanced in the domain of the political, namely, that population health can be justified as a political value in its own right as a primary social good, following an (...) interpretation of John Rawls’s evolved understanding of such goods in his later works. The article sets the scene for these positions by highlighting how liberal theories focusing on freedom as non-interference, or making the harm principle the basis of legitimate public health interventions, undercut the capacity of the state to actively promote population health. The article points to theoretical resources on legitimacy and liberty—the ‘salient coordinator account’ of authority and freedom as non-domination—that may help avoid this risk. The role of reflective equilibrium incorporating incompletely theorized mid-level principles is emphasized to ensure that interventions are soundly justified. The application of these principles would ensure that interventions do not exceed the proper moral/political boundaries limiting the role of government. (shrink)

This paper takes up the question of the role of philosophical moral theory in our attempts to resolve the ethical problems that arise in health care, with particular reference to the contention that we need theory to be determinative of our choice of actions. Moral theorizing is distinguished from moral theories and the prospects for determinacy from the latter are examined through a consideration of the most promising candidates: utilitarianism, deontology and the procedures involved in reflective equilibrium. It is argued (...) that the current lack of any generally accepted method of solving moral problems, together with the extreme improbability of philosophy achieving a plausibly determinate theory, should encourage us to approach the problems in a spirit of agnosticism regarding the way in which theoretical material might be of relevance. The practical test for both moral theorizing and moral theories is thus not determinacy but the degree to which they increase our understanding of moral problems by serving, as they do in philosophy, as a means of inquiry into their nature. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

The four principles approach to medical ethics plus specification is used in this paper. Specification is defined as a process of reducing the indeterminateness of general norms to give them increased action guiding capacity, while retaining the moral commitments in the original norm. Since questions of method are central to the symposium, the paper begins with four observations about method in moral reasoning and case analysis. Three of the four scenarios are dealt with. It is concluded in the “standard” Jehovah’s (...) Witness case that having autonomously chosen the authority of his religious institution, a Jehovah’s Witness has a reasonable basis on which to refuse a recommended blood transfusion. The author’s view of the child of a Jehovah’s Witness scenario is that it is morally required—not merely permitted—to overrule this parental refusal of treatment. It is argued in the selling kidneys for transplantation scenario that a fair system of regulating and monitoring would be better than the present system which the author believes to be a shameful failure. (shrink)

Many of us think that perspective-taking is relevant to moral judgment. In this paper I claim that Scanlon’s contractualism provides an appealing and distinctive account of why this is so. Contractualism interprets our moral judgments as making claims about the reasons of individuals in various situations, reasons that we can only recognise by considering their perspectives. Contractualism thereby commits itself to the view that our capacity for moral judgment depends on our capacity for perspective-taking. I show that neither utilitarianism nor (...) Kantianism assign a similar significance to our capacity for perspective-taking. (shrink)

John Rawls's transition from A Theory of Justice to Political Liberalism was driven by his rejection of Theory's account of stability. The key to his later account of stability is the idea of public reason. We see Rawls's account of stability as an attempt to solve a mutual assurance problem. We maintain that Rawls's solution fails because his primary assurance mechanism, in the form of public reason, is fragile. His conception of public reason relies on a condition of consensus that (...) we argue is unrealistic in modern, pluralistic democracies. After rejecting Rawls's conception of public reason, we offer an ‘indirect alternative’ that we believe is much more robust. We cite experimental evidence to back up this claim. (shrink)

Public reason theories are characterized by three conditions: constructivism, representation, and stability. Constructivism holds that justification does not rely on any antecedent moral or political values outside of the procedure of agreement. Representation holds that the reasons for the choice in the model must be rationally explicable to real agents outside the model. Stability holds that the principles chosen in the procedure should be stable upon reflection, especially in the face of diversity in a pluralistic society. Choice procedures that involve (...) at least two-stages with different information, as Rawls’s theory does, will be path-dependent and not meet the condition of representation since it will not be globally coherent. Attempts to solve this problem without eliminating the segmentation of choice in the procedure will run afoul of constructivism or stability. This problem is instructive because it highlights how public reason theories must evolve in the face of increased concerns about diversity. (shrink)

Contemporary political philosophers often take for granted that for political purposes all humans are to be considered of equal worth. The difficulty, as Bernard Williams observed, is to find an interpretation of this claim that does not collapse into absurdity or triviality. I show that the principal attempts to solve this problem all beg the question against an Aristotelian proponent of natural hierarchy. I then explore existing proposals for dissolving the problem of basic equality, whether by denying the need for (...) justification altogether or by reframing justification in either ostensive or coherentist fashion, showing that each fails to account for our sense that basic equality is objectively true. In response, I outline a Hegelian approach that treats the commitment to basic equality as a social fact that constrains philosophical reasoning in contemporary liberal democracies. By itself that might suggest complacent conservatism or cultural relativism, but I argue that practices and institutions that reflect and foster a commitment to basic equality have a distinct value in permitting reciprocal recognition and thereby enabling us to make a distinct class of normative claims on one another. This Hegelian resolution of the problem is dialectically superior to its rivals and therefore warrants further development. (shrink)

A recent study of moral intuitions, performed by Joshua Greene and a group of researchers at Princeton University, has recently received a lot of attention. Greene and his collaborators designed a set of experiments in which subjects were undergoing brain scanning as they were asked to respond to various practical dilemmas. They found that contemplation of some of these cases (cases where the subjects had to imagine that they must use some direct form of violence) elicited greater activity in certain (...) areas of the brain associated with emotions compared with the other cases. It has been argued (e.g., by Peter Singer) that these results undermine the reliability of our moral intuitions, and therefore provide an objection to methods of moral reasoning that presuppose that they carry an evidential weight (such as the idea of reflective equilibrium). I distinguish between two ways in which Greene's findings lend support for a sceptical attitude towards intuitions. I argue that, given the first version of the challenge, the method of reflective equilibrium can easily accommodate the findings. As for the second version of the challenge, I argue that it does not so much pose a threat specifically to the method of reflective equilibrium but to the idea that moral claims can be justified through rational argumentation in general. (shrink)

The idea of reflective equilibrium remains the most popular approach to questions about method in ethics, despite the masses of criticism it has been faced with over the years. Is this due to the availability of compelling responses to the criticisms or rather to factors that are independent of its reasonableness? The aim of this paper is to provide support for the first answer. I particularly focus on the recent discussion. Some recent objections are related to general arguments against the (...) possibility of moral knowledge, such as so-called “evolutionary debunking arguments.” I argue that nothing that has come to light in that debate, or in the recent discussion about IRE more generally, decisively strengthens the case against it. If anything, the recent developments show that IRE deserves its present status. (shrink)

The method of Wide Reflective Equilibrium has been defended by Kai Nielsen as an exciting new development in the search for a device for increasing our ability to choose between competing moral conceptions. Nonetheless, this confidence will be seen as misplaced unless serious issues are resolved. Lack of clarity surrounds the questions: What is the claimed epistemological role for WRE? What version of WRE is to be employed? In this paper I resolve these ambiguities in a way which supports Kai (...) Nielsen's claim. First, however, I should specify in broad terms the method of WRE. (shrink)

Various theories have been put forward in an attempt to explain what makes moral judgments justifiable. One of the main theories currently advocated in bioethics is a form of coherentism known as wide reflective equilibrium. In this paper, I argue that wide reflective equilibrium is not a satisfactory approach for justifying moral beliefs and propositions. A long-standing theoretical problem for reflective equilibrium has not been adequately resolved, and, as a result, the main arguments for wide reflective equilibrium are unsuccessful. Moreover, (...) practical problems that arise in using the method of wide reflective equilibrium undermine the idea that it is a viable approach for justifying moral judgments about cases and policies. Given that wide reflective equilibrium is the most prominent version of coherentism, these considerations call into question the coherentist approach to justification in bioethics. (shrink)

Cohen (1981) and others have made an interesting argument for the thesis that humans are rational: normative principles of reasoning and actual human reasoning ability cannot diverge because both are determined by the same process involving our intuitions about what constitutes good reasoning as a starting point. Perhaps the most sophisticated version of this argument sees reflective equilibrium as the process that determines both what the norms of reasoning are and what actual cognitive competence is. In this essay, I will (...) evaluate both the general argument that humans are rational and the reflective equilibrium argument for the same thesis. While I find both accounts initially appealing, I will argue that neither successfully establishes that humans are rational. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

L’enquête conceptuelle sur la justice de Kyle Johannsen nous incite à considérer la justice comme une simple valeur, indépendante des exigences de la pratique. Dans ce qui suit, je soulève deux questions méthodologiques afin de déterminer si Johannsen fonctionne avec la compréhension ‘correcte’ de la justice et de le convaincre que des problèmes complexes, tels que ceux concernant la justice sociale, nécessitent que la justice soit comprise comme une valeur complexe. Ainsi, les contextualistes de la justice devraient embrasser la distinction (...) entre la justice et les règles de régulation. En outre, la justice, davantage qu’une valeur parmi d’autres à considérer dans nos délibérations, doit plutôt être conçue comme leur résultat. (shrink)

Reflective equilibrium is overdue a twenty-first century update. Despite its apparent popularity, there is scant evidence that theorists ever thoroughly implement the method, and fewer still openly and transparently publish their attempts to do so in print—stymying its supposed justificatory value. This paper proposes digitising reflective equilibrium as a solution. Inspired by the global open science movement, it advocates for coupling a novel, digital implementation of the equilibrating process with new publication norms that can capitalise on the inherent reproducibility of (...) digital data. The argument is structured around three main claims: that digitising will make it easier to (a) methodically construct, (b) widely disseminate, and (c) thoroughly critique reflective equilibria. Practical guidance is also provided throughout. Altogether, it is argued that digitisation will not only help theorists to better realise reflective equilibrium’s latent theoretical potential, but also greatly extend its value as a justificatory device in contemporary academic discourses. (shrink)

An increasing number of people seek medical attention for mild cognitive symptoms at older age, worried that they might develop Alzheimer’s disease. Some clinical practice guidelines suggest offering biomarker testing in such cases, using a brain scan or a lumbar puncture, to improve diagnostic certainty about Alzheimer’s disease and enable an earlier diagnosis. Critics, on the other hand, point out that there is no effective Alzheimer treatment available and argue that biomarker tests lack clinical validity. The debate on the ethical (...) desirability of biomarker testing is currently polarized; advocates and opponents tend to focus on their own line of arguments. In this paper, we show how the method of reflective equilibrium can be used to systematically weigh the relevant arguments on both sides of the debate to decide whether to offer Alzheimer biomarker testing. In the tradition of RE, we reflect upon these arguments in light of their coherence with other argumentative elements, including relevant facts, ethical principles, and theories on societal ideals or relevant concepts, such as autonomy. Our stance in the debate therefore rests upon previously set out in-depth arguments and reflects a wide societal perspective. (shrink)

In this essay I defend the view that Henry Sidgwick’s moral epistemology is a form of intuitionist foundationalism that grants common-sense morality no evidentiary role. In §1, I outline both the problematic of The Methods of Ethics and the main elements of its argument for utilitarianism. In §§2-4 I provide my interpretation of Sidgwick’s moral epistemology. In §§ 5-8 I refute rival interpretations, including the Rawlsian view that Sidgwick endorses some version of reflective equilibrium and the view that he is (...) committed to some kind of pluralistic epistemology. In§ 9 I contend with some remaining objections to my view. (shrink)

Meu principal objetivo, neste artigo, é analisar o problema da justificação moral para JohnRawls, caracterizando a teoria da justiça como equidade como um sistema coerentista de justificaçãoque conta com uma epistemologia coerentista holística, uma teoria do contrato social que introduzuma ontologia social e uma estratégia pragmatista de justificação na teoria contratualista. No escopodeste trabalho, examinarei o pressuposto pragmatista de justificação na teoria do contrato social, o qual faz uso do argumento da estabilidade social e legitimidade política para garantir a validade (...) da regra, isto é, dos princípios de justiça, a partir de dois artigos centrais para este debate: "Justice as Fairness: Political not Metaphysical" e "Reply to Habermas" § 1, 2. Um objetivo específico será o demostrar a complementaridade entre o descritivismo e o prescritivismo nessa estratégia de justificação que possibilita a superação da dicotomia entre fato e valor. (shrink)

Argues that the answer is yes. The epistemic assumptions of moral theory deprive us of resources needed to resist the challenge of moral disagreement, which its practice at the same time makes vivid. The paper ends by sketching a kind of epistemology that can respond to disagreement without skepticism: one in which the fundamental standards of justification for moral belief are biased toward the truth.

The paper clarifies what is at stake in the theory/antitheory debate in ethics and articulates the distinctive core of the method of reflective equilibrium which distinguishes it from a generic coherence constraint. I call this distinctive core 'maieutic reflection'. The paper then argues that if she accepts constructivist views in metaethics, a proponent of the method of reflective equilibrium will be committed to the existence of a moral theory.

ABSTRACTWhat does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...) the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)

This paper argues that there was considerably more philosophy of action in moral theory before 1958 (when Anscombe complained of its lack under the banner 'philosophy of psychology') than there has been since. This is in part because Anscombe influenced the formation of 'virtue theory' as yet another position within normative ethics, and her work contributed to the fashioning of 'moral psychology' as an altogether distinct (and now increasingly empirical) branch of moral philosophy.

Es corriente invocar el lenguaje de los derechos para demandar justicia. Sin embargo, el uso irreflexivo de este lenguaje puede ser perjudicial. En este trabajo, presento dos argumentos en favor de una más atenta reflexión sobre el concepto de derecho subjetivo. Primero, uso la distinción entre el concepto y la concepción de una noción normativa para precisar cuál es la clase de investigación que la reflexión sobre el concepto de derecho implica y los problemas que trae ignorarla para las prácticas (...) de reivindicación de justicia. Segundo, propongo que el que un individuo o colectivo tenga derecho a la satisfacción de un contenido dado significa que existen razones suficientes, pero no absolutas, para que alguien esté obligado a actuar de forma que contribuya razonablemente y de una manera especificada a la satisfacción de tal contenido. Esta propuesta del concepto de derecho subjetivo es “independiente”, en tanto permite la discusión de diferentes concepciones de derechos en una sociedad democrática. Además, articula la idea de que conceder un derecho implica siempre considerar la manera en que se distribuyen las cargas y responsabilidades al interior de una sociedad, así como la forma en que sus instituciones deben funcionar en conjunto. (shrink)

This paper is about how moral disagreement matters for metaethics. It has four parts. In the first part I argue that moral facts are subject to a certain epistemic accessibility requirement. Namely, moral facts must be accessible to some possible agent. In the second part I show that because this accessibility requirement on moral facts holds, there is a route from facts about the moral disagreements of agents in idealized conditions to conclusions about what moral facts there are. In the (...) third part I build on this route to show that (*) if there is significant moral disagreement in idealized conditions, then our understanding of morality is fatally flawed and we should accept relativism over non-naturalism and quasi-realism. So, if, like many, you think that there would be significant moral disagreement in idealized conditions, you should hold that our understanding of morality is fatally flawed and reject non-naturalism and quasi-realism. In the fourth part of this paper I show that (*) undermines the plausibility of non-naturalism, quasi-realism, and the view that our understanding of morality is not fatally flawed even if we do not have sufficient reason to believe that there would be significant moral disagreement in idealized conditions. (shrink)

This article is about the implications of a conciliatory view about the epistemology of peer disagreement for our moral beliefs. Many have endorsed a conciliatory view about the epistemology of peer disagreement according to which if we find ourselves in a disagreement about some matter with another whom we should judge to be our epistemic peer on that matter, we must revise our judgment about that matter. This article focuses on three issues about the implications of conciliationism for our moral (...) beliefs. The first is whether there is an asymmetry between the implications of conciliationism for the epistemic status of our moral beliefs and the implications of conciliationism for the epistemic status of our non-moral beliefs; for instance, some have argued that conciliationism leads to epistemological moral skepticism but not to epistemological nonmoral skepticism. The second is what the implications of conciliationism are for the epistemic status of particular moral beliefs. The third is whether conciliationism's impact on the epistemic status of our moral beliefs has practical implications. (shrink)

Not a day passes but we find ourselves indignant about something or other. When is our indignation justified, and when does it count as moral indignation rather than a legitimate but non-moral gripe? You might think that we should turn to moral theories – to the varieties of utilitarian, Kantian, virtue theories, etc – to answer this question. I shall try to convince you that this is a mistake, that moral theory – as it is ordinarily presently conceived and studied (...) – does not have a specific subject matter, a specific aim, scope or boundaries. You might think that the difference between echt moral indignation and other forms of disapproval is their relative strength or the importance of their target; but moral indignation can be quite faint, directed to a relatively minor transgression and a strongly felt gripe may be directed to a serious but presumptively non-moral infraction. I shall try to persuade you that morality does not constitute an important and distinctive domain with a distinctive set of over-riding norms or a privileged mode of reasoning: morality is everywhere or nowhere in particular. Radical as this claim may sound, I am not a complete Luddite about the matter. Traditional moral theories nevertheless have important functions. But rather than being competing ‘winner takes all’ explanatory and normative theories, OldSpeak moral systems function heuristically. They offer a heterogeneous set of reminders, questions, advice, ideals, warnings, considerations for deliberation. While we try to integrate and systematize them, there is no single overarching organizational plan. (shrink)

Theories of happiness usually consider happiness as something that matters to us from a first-person perspective. In this paper, I defend a conception of public happiness that is distinct from private or first-person happiness. Public happiness is presented as a feature of the system of right that defines the political relationship between citizens, as opposed to their personal mental states, desires or well-being. I begin by outlining the main features of public happiness as an Enlightenment ideal. Next, I relate the (...) distinction between the political and the personal to the distinction between having normative reasons for a particular political arrangement and merely having a ‘pro-attitude’ towards a state of affairs that accords with one's preferred definition of happiness. Following this, I demonstrate why well-being, understood as a normative rather than a purely descriptive conception of personal happiness, nevertheless cannot serve as a normative reason in the political domain. In the final section, I show why normative reason-giving matters for the relationship between citizens, and how such reason-giving relates to public happiness. (shrink)

The Queen's College, Oxford, UK In his article `Facts and Principles', G.A. Cohen attempts to refute constructivist approaches to justification by showing that, contrary to what their proponents claim, fundamental normative principles are fact- in sensitive. We argue that Cohen's `fact-insensitivity thesis' does not provide a successful refutation of constructivism because it pertains to an area of meta-ethics which differs from the one tackled by constructivists. While Cohen's thesis concerns the logical structure of normative principles, constructivists ask how normative principles (...) should be justified . In particular, their claim that justified fundamental normative principles are fact-sensitive follows from a commitment to agnosticism about the existence of objective moral facts. We therefore conclude that, in order to refute constructivism, Cohen would have to address questions of justification, and take a stand on those long-standing meta-ethical debates about the ontological status of moral notions (for example, realism versus anti-realism) with respect to which he himself wants to remain agnostic. Key Words: John Rawls • normative justification • realism versus anti-realism • methodological versus substantive principles. (shrink)

Reflective equilibrium —the idea that we have to justify our judgments and principles through a process of mutual adjustment—is taken to be a central method in philosophy. Nonetheless, conceptions of RE often stay sketchy, and there is a striking lack of explicit and traceable applications of it. This paper presents an explicit case study for the application of an elaborate RE conception. RE is used to reconstruct the arguments from Thomson’s paper “Turning the Trolley” for why a bystander must not (...) divert a runaway trolley from five workmen onto one. Analyzing Thomson’s resulting position with the RE-criteria has two main results: Firstly, the adjustment of one of her commitments can be defended. Secondly, no justified position in RE was reached. With respect to RE as a method, the main results from this application are: There is at least one conception of RE that is sufficiently specified to be applicable; the RE criteria put real constraints on the process of justification; and an explicit application of RE has benefits in terms of clarity while at the same time providing guidance for how the justificatory process could be continued. (shrink)

The precautionary principle (PP) is an influential principle for making decisions when facing uncertain, but potentially severe, harm. However, there is a persistent disagreement about what the principle entails, exactly. It exists in a multitude of formulations and has potentially conflicting ideas associated with it. Is there even such a thing as ‘the precautionary principle’? This paper analyses the debate between unificationists and pluralists about ‘the PP’, arguing that the debate is hindered by neglecting the question of justification. It introduces (...) reflective equilibrium as a method of justification, and sketches how it could be applied to justify a PP. (shrink)

Cornell realism (CR), a prominent meta-ethical position that has emerged since the last decades of the twentieth century, proposes a non-reductionist naturalistic account of moral properties and facts. This paper argues that the best version of CR’s chosen methodology for arriving at justified moral beliefs must be seen as a variant of reflective equilibrium. In comparison to the traditional versions, our proposal offers a ‘social’ reinterpretation of reflective equilibrium in delineating CR’s epistemology. We argue that it satisfactorily accounts for objectivity (...) and calls for the inclusion of the social nature of both moral and scientific inquiries. Emphasising the social dimension of their epistemological account also nudges debates in metaethics into incorporating the much-needed social dimension while dealing with questions of moral beliefs and facts that have been of CR’s concern. (shrink)

It has been alleged against divine command theory that we cannot justify our acceptance of it without giving it up. For if we provide moral reasons for our acceptance of God’s commands, then those reasons, and not God’s commands, must be our ultimate moral standard. Kai Nielsen has offered the most forceful version of this objection in his book, Ethics Without God. My principal aim is to show that Nielsen’s charge does not succeed. His argument crucially relies upon the assumption (...) that the moral judgments one employs to justify acceptance of a normative theory are more fundamental to one’s moral outlook than the theory itself. I argue that this assumption presupposes a questionable foundationalist view of theory justification, and if we instead adopt a coherentist reflective equilibrium stance, we can thoughtfully evaluate DCT without abandoning it. (shrink)

Over the last several years, C. B. Macpherson has attempted to present a far-reaching critique of the theories underlying and justifying capitalist social systems. Beginning with a critique of the classical theories of capitalism, he has extended it to the later formulations offered by j. S. Mill and T. H. Green, along with the most recent formulation offered by john Rawls. The guiding thread throughout his writing has been the critique of the model of persons which underpin the various formulations (...) of capitalist theory. What I would like to do in this paper is to present what I think to be a stronger defense of Macpherson's argument than Macpherson has himself given, since I think it can be shown that at certain crucial points his argument is necessarily flawed for the point which he is trying to make. (shrink)

It is widely believed that consequentialists are committed to the claim that persons are mere containers for well-being. In this article I challenge this view by proposing a new version of consequentialism, according to which the identities of persons matter. The new theory, two-dimensional prioritarianism, is a natural extension of traditional prioritarianism. Two-dimensional prioritarianism holds that wellbeing matters more for persons who are at a low absolute level than for persons who are at a higher level and that it is (...) worse to be deprived of a given number of units than it is good to gain the same number of units, even if the new distribution is a permutation of the original one. If a fixed amount of well-being is transferred from one person to another and then transferred back again, two-dimensional prioritarianism implies that it would have been better to preserve the status quo. (shrink)