This essay discusses a foundation of the connection argued to exist between law and practical reason that has proved to be highly influential and debated in contemporary legal philosophy – Alexy’s. After reconstructing Alexy’s conception of practical reason as well as its foundation, I criticise the weak transcendental-pragmatic argument Alexy uses to ground the authority of practical reason. This argument, I argue, can only show why occasionally, as opposed to necessarily, we ought to follow the guidance of practical reason, and (...) consequently makes the authority of practical reason ultimately dependent on an individual decision. By building on this criticism, in the second part of the essay I introduce and discuss an alternative argument that, by appealing to the idea of constitutive necessity, can provide a non-contingent basis for the validity of practical reason. (shrink)

Recently, some philosophers have suggested that a form of robust realism about ethics, or normativity more generally, does not face a significant explanatory burden in metaphysics. I call this view metaphysically quietist normative realism . This paper argues that while this view can appear to constitute an attractive alternative to more traditional forms of normative realism, it cannot deliver on this promise. I examine Scanlon’s attempt to defend such a quietist realism, and argue that rather than silencing metaphysical questions about (...) normative reasons, his defense at best succeeds only in shifting the focus of metaphysical enquiry. I then set aside the details of Scanlon’s view, and argue on general grounds that that the quietist realist cannot finesse a crucial metanormative task: to explain the contrast between the correct normative system and alternative putatively normative standards. (shrink)

It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we should focus on (...) what makes standards like etiquette ‘not really normative’. I defend a fictionalist theory on which etiquette is ‘not really normative’ in roughly the same way that Sherlock is ‘not really a detective’, and show that fictionalism about some normative standards helps us explain the possibility of normative authority. (shrink)

§13 of Principia Ethica contains G. E. Moore’s most famous open question arguments. Several of Moore’s contemporaries defended various forms of metaethical nonnaturalism—a doctrine Moore himself endorsed—by appeal to OQAs. Some contemporary cognitivists embrace the force of Moore’s OQAs against metaethical naturalism. And those who posit noncognitivist meaning components of ethical terms have traditionally used OQAs to fuel their own emotivist, prescriptivist, and expressivist metaethical programs. Despite this influence, Moore’s OQAs have been ridiculed in recent decades. Their deployment has been (...) labeled “accident prone,” “simple to dismiss,” and just plain invalid. Critics accuse Moore of begging the question. Others argue that his OQAs founder upon the paradox of analysis. And still others argue that Moore’s open question argumentation is incompatible with the Kripke–Putnam causal theory of reference and thus it “simply fails; it is bankrupt”. I aim to show that there is something of continuing value in Moore’s open question efforts. I present and criticize Nicholas Sturgeon’s influential interpretation of Moore’s OQAs as a means to motivate and explicate my own interpretation of Moore’s thoughts in §13 of Principia Ethica. I then articulate the role that OQAs are intended to play in Moore’s overall argumentative strategies to undermine metaethical naturalism and thereby provide some theoretical support for metaethical nonnaturalism. Finally, I attend to the most prominent objections to Moore’s theorizing and attempt to evaluate the extent to which Moore’s efforts are successful. My hope is to display both the promising portions of Moore’s metaethical argumentation in Principia Ethica as well as its limitations. (shrink)

Moral agency status is often given to those individuals or entities which act intentionally within a society or environment. In the past, moral agency has primarily been focused on human beings and some higher-order animals. However, with the fast-paced advancements made in artificial intelligence, we are now quickly approaching the point where we need to ask an important question: should we grant moral agency status to AI? To answer this question, we need to determine the moral agency status of these (...) entities in society. In this paper I argue that to grant moral agency status to an entity, deliberate norm-adherence must be possible. In this paper I argue that, under the current status quo, AI systems are unable to meet this criterion. The novel contribution this paper makes to the field of machine ethics is first, to provide at least two criteria with which we can determine moral agency status. We do this by determining the possibility of deliberate norm-adherence through examining the possibility of deliberate norm-violation. Second, to show that establishing moral agency in AI suffer the same pitfalls as establishing moral agency in constitutive accounts of agency. (shrink)

Stephen Darwall has recently suggested (following work by Mark Overvold) that theories which identify a person’s good with her own ranking of concerns do not properly delimit the ‘scope’ of welfare, making self-sacrifice conceptually impossible. But whether a theory of welfare makes self-sacrifice impossible depends on what self-sacrifice is. I offer an alternative analysis to Overvold’s, explaining why self-interest and self-sacrifice need not be opposed, and so why the problems of delimiting the scope of welfare and of allowing for self-sacrifice (...) are distinct. If my analysis is correct, desire theories may allow for self-sacrifice however they delimit the scope of welfare. (shrink)

As persons, beings with a capacity for autonomy, we face a certain practical task in living out our lives. At any given period we find ourselves with many desires or preferences, yet we have limited resources, and so we cannot satisfy them all. Our limited resources include insufficient economic means, of course; few of us have either the funds or the material provisions to obtain or pursue all that we might like. More significantly, though, we are limited to a single (...) life and one of finite duration. We also age, and pursuits that were possible at earlier points within a life may become impossible at later stages; we thus encounter not only an ultimate time limit but episodic limits as well. Because we must live our lives with limited resources—material and temporal—we are pressed to choose among and to order our preferences. Without some selection and ordering, few if any of them would be satisfied, and we would be unable to live lives that are recognizably good at all. Moreover, we would be unable to function well as the autonomous beings that we are. Our practical task then is to form a coherent, stable, and attractive ordering of aims—to develop a conception of our good. (shrink)

In his critique of egoism as a doctrine of ends, G. E. Moore famously challenges the idea that something can be someone. Donald Regan has recently revived and developed the Moorean challenge, making explicit its implications for the very idea of individual welfare. If the Moorean is right, there is no distinct, normative property good for, and so no plausible objectivism about ethics could be welfarist. In this essay, I undertake to address the Moorean challenge, clarifying our theoretical alternatives so (...) that we may better decide what to admit into our moral ontology and better assess what may be at stake in whether objectivists treat good or good for (or neither) as fundamental. I compare the Moorean and welfarist pictures of value, providing an account of the form and function of good for. According to this account expresses a distinct relational value that has its source in the value of persons. Good for value is thus a form of extrinsic value that provides agent-neutral reasons for action, and it plays a pervasive normative role in regulating child rearing, guiding individual life choices, and shaping social policy formation. (shrink)

Consider normative properties and facts, such as facts consisting in something's being what you ought to do, or the property of being morally wrong. Normative naturalism is the view that normative properties and facts such as these exist, and that they are natural properties and facts. Some suspect, however, that normativity is incompatible with a wholly naturalistic worldview: that the normative couldn't be natural because it's somehow “just too different” from the natural. I critically examine recent forms of this “just (...) too different” objection to normative naturalism, with a view to making the debate accessible to a general philosophical audience. (shrink)

I assume that there exists a general phenomenon, the phenomenon of the explanatory gap, surrounding consciousness, normativity, intentionality, and more. Explanatory gaps are often thought to foreclose reductive possibilities wherever they appear. In response, reductivists who grant the existence of these gaps have offered countless local solutions. But typically such reductivist responses have had a serious shortcoming: because they appeal to essentially domain-specific features, they cannot be fully generalized, and in this sense these responses have been not just local but (...) parochial. Here I do better. Taking for granted that the explanatory gap is a genuine phenomenon, I offer a fully general diagnosis that unifies these previously fragmented reductivist responses. (shrink)

It is commonly thought that subjectivists about welfare must claim that the favorable attitudes whose satisfaction is relevant to your well-being are those that you would have in idealized conditions (e.g. ones in which you are fully informed and rational). I argue that this is false. I introduce a non-idealizing subjectivist view, Same World Subjectivism, that accommodates the two main rationales for idealizing: those given by Peter Railton and David Sobel. I also explain why a recent argument from Dale Dorsey (...) fails to show that subjectivists must idealize. Because Same World Subjectivism is a plausible non-idealizing view, subjectivists about welfare needn't idealize. (shrink)

Subjectivism about welfare is the view that something is basically good for you if and only if, and to the extent that, you have the right kind of favorable attitude toward it under the right conditions. I make a presumptive case for the falsity of subjectivism by arguing against nearly every extant version of the view. My arguments share a common theme: theories of welfare should be tested for what they imply about newborn infants. Even if a theory is intended (...) to apply only to adults, the fact that it is false of newborns may give us sufficient reason to reject it. (shrink)

Are there such things as moral truths? How do we know what we should do? And does it matter? Constructivism states that moral truths are neither invented nor discovered, but rather are constructed by rational agents in order to solve practical problems. While constructivism has become the focus of many philosophical debates in normative ethics, meta-ethics and action theory, its importance is still to be fully appreciated. These new essays written by leading scholars define and assess this new approach in (...) ethics, addressing such questions as the nature of constructivism, how constructivism improves our understanding of moral obligations, how it accounts for the development of normative practices, whether moral truths change over time, and many other topics. The volume will be valuable for advanced students and scholars of ethics and all who are interested in questions about the foundation of morality. (shrink)

In this paper I introduce a version of constructivism that relies on a theory of practical wisdom. Wise judgment constructivism is a type of constructivism because it takes correct judgments about what we have “all-in” reason to do to be the result of a process we can follow, where our interest in the results of this process stems from our practical concerns. To fully defend the theory would require a comprehensive account of wisdom, which is not available. Instead, I describe (...) a constructivist methodology for defending an account of wisdom and outline its main features. This gives us enough to see what wise judgment constructivism would look like, why it might be an attractive theory, and how it is different from other versions of constructivism. (shrink)

This dissertation explores some objections to natural law theory- many of which are also leveled against contemporary naturalism. Despite the way the natural law tradition has fallen into disrepute in much of the American academy, this dissertation defends a classical Thomistic approach to natural law from some modern and contemporary criticisms. It begins with a brief explanation of the theory of natural law that will be defended from these contemporary objections. Chapter three examines G.E. Moore and David Hume's classical problems (...) posed to natural law, along with some contemporary defenders of Moore's position. These arguments are purported to undermine using human nature as a basis for ethics. Chapter four considers how moral relativism, especially the form given by Gilbert Harmon and David Wong, offers a unique challenge to natural law that must be answered and one that seems to undermine any ethical theory than any account relying on human nature. Chapter five explores the relation between neo-naturalism and natural law. Although neo-naturalism is a position often thought of as opposed to natural law, the two share many similarities in the positions they oppose. The last chapter examines how natural law reasoning is used in making medical decisions. The overarching thesis is that, insofar as natural law is coherent and answers many major criticisms, the proposal to reexamine this ethical theory stands as viable. (shrink)