So-called 'realists' have argued that political philosophers should engage with real politics, but that mainstream 'non-realist' political philosophers fail to do so. Perhaps surprisingly, many of the discussions between realists and their critics have not drawn much on debates in metaethics. In this paper, I argue that this is an oversight. There are important connections between the realism/non-realism debate and certain controversies in metaethics. Both realism and non-realism come with metaethical baggage. By considering several arguments that could be made for (...) and against both positions, each of which rests on contested views about the metaphysics and epistemology of value, I outline exactly which metaethical claims realists and nonrealists must defend in order to make their position tenable. (shrink)

Some psychologists working in the psychology and law field feel that the profession does not provide them with adequate ethical guidance even though the field is arguably one of the oldest and best established applied fields of psychology. The uncertainty psychologists experience most likely stems from working with colleagues whose professional ethics differs from their own while providing services to demanding people and the many moral questions associated with the administration of law. I believe psychology’s ethics does, however, provide adequate (...) moral guidance. It has a sound historical basis, has face validity and emphasizes those social moral principles that allow psychologists to best serve individuals and society. Psychologists may nevertheless be confronted with conflicting demands because there are other norm systems that also regulate their behavior as researchers and practitioners, and they, like all people, are influenced by their conscience. Ultimately, psychologists working in the psycholegal field will be best served if they have good knowledge of, and have internalized, the ethical principles of psychology. (shrink)

I begin by reviewing classical semantics and the problems presented by normative conflicts. After a brief detour through default logic, I establish some connections between the treatment of conflicts in each of these two approaches, classical and default, and then move on to consider some further issues: priorities among norms, or reasons, conditional oughts, and reasons about reasons.

It is often claimed that surveillance should be proportionate, but it is rarely made clear exactly what proportionate surveillance would look like beyond an intuitive sense of an act being excessive. I argue that surveillance should indeed be proportionate and draw on Thomas Hurka’s work on proportionality in war to inform the debate on surveillance. After distinguishing between the proportionality of surveillance per se, and surveillance as a particular act, I deal with objections to using proportionality as a legitimate ethical (...) measure. From there I argue that only certain benefits and harms should be counted in any determination of proportionality. Finally I look at how context can affect the proportionality of a particular method of surveillance. In conclusion, I hold that proportionality is not only a morally relevant criterion by which to assess surveillance, but that it is a necessary criterion. Furthermore, while granting that it is difficult to assess, that difficulty should not prevent our trying to do so. (shrink)

Geach and Thomson have argued that nothing is just plain good, because ‘good’ is, logically, an attributive adjective. The upshot, according to Geach and Thomson, is that consequentialism is unacceptable, since its very formulation requires a predicative use of ‘good’. Reactions to the argument have, for the most part, been uniform. Authors have converged on two challenging objections . First, although the logical tests that Geach and Thomson invoke clearly illustrate that ‘good’, as commonly used, is an attributive, they don’t (...) show that ‘good’ lacks an intelligible predicative interpretation. Second, even if the English word ‘good’ fails to express the property of goodness, we can just stipulate that ‘good*’ expresses goodness and thus formulate consequentialism accordingly. The second objection is one way of voicing skepticism about the method of drawing substantive philosophical conclusions from considerations about ordinary language. In this essay, we present an argument, inspired by Geach and Thomson, which isn’t susceptible to the same objections but which supports the same conclusion. The significance of our argument for ethics is obvious; it challenges the intelligibility of standard consequentialism, and even certain forms of non-consequentialism. One might be inclined to think that a more sophisticated consequentialism, which relies on ‘good {possible world/state of affairs/outcome}’ instead of just ‘good’, evades the criticism. But we explain why the criticism can’t be so easily evaded. (shrink)

In recent discussions, it has been argued that a theory of animal rights is at odds with a liberal abortion policy. In response, Francione (1995) argues that the principles used in the animal rights discourse do not have implications for the abortion debate. I challenge Francione’s conclusion by illustrating that his own framework of animal rights, supplemented by a relational account of moral obligation, can address the moral issue of abortion. I first demonstrate that Francione’s animal rights position, which grounds (...) moral consideration in sentience, is committed to the claim that a sentient fetus has a right to life. I then illustrate that a fully developed account of animal rights that recognizes the special obligations humans have to assist animals when we cause them to be dependent and vulnerable through our voluntary actions or omissions is committed to the following: a woman also has a special obligation to assist a sentient fetus when she causes it to be dependent and vulnerable through her voluntary actions or omissions. From these considerations, it will become evident that a fully developed and consistent animal rights ethic does in fact have implications for the abortion discussion. (shrink)

Health communication is increasingly being held to higher moral standards. No longer do noble goals outweigh ethical concerns. This content analysis examines ethical frames and primes in health public service announcements so we may begin to address the most prevalent of the problematic ones and find more ethical alternatives. In this study, 80% of the PSAs conveyed messages that individuals were to blame. Negative emotion, such as fear, was the second most frequent frame. Stereotypes of women were the primes most (...) prevalent in the visuals, and visual and verbal messages were vastly different for some of these primes. The ethical implications of each are addressed. (shrink)

As big data techniques become widespread in journalism, both as the subject of reporting and as newsgathering tools, the ethics of data science must inform and be informed by media ethics. This article explores emerging problems in ethical research using big data techniques. It does so using the duty-based framework advanced by W.D. Ross, who has significantly influenced both research science and media ethics. A successful framework must provide stability and flexibility. Without stability, ethical precommitments will vanish as technology rapidly (...) shifts costs. Without flexibility, traditional approaches will rapidly become obsolete in the face of technological change. The article concludes that Ross's duty-based approach both provides stability in the face of rapid technological change and flexibility to innovate to achieve the original purpose of basic ethical principles. (shrink)

Many natural scientists of the past and the present have imagined that they pursued their activity according to its own inherent rules in a realm distinctly separate from the business world, or at least in a realm where business tended to interfere with science from time to time, but was not ultimately an essential component, ‘because one thought that in science one possessed and loved something unselfish, harmless, self-sufficient, and truly innocent, in which man’s evil impulses had no part whatever’, (...) as Nietzsche once commented (Nietzsche 1974, p.106). With the extreme technological changes that have occurred in the last fifty years and the orchestrated management changes in the culture of science, it is now obvious that science is intimately tied to private businesses, industry, and society. Within this structure, the scientist has generally unknowingly defined him or herself in accordance with obsolete myths that have tended to handicap the scientist’s freedom of action, by obscuring the modern political and economic realities of science, and neglecting the inherent responsibilities of the scientist as a critical actor in the theater of human civilization. The increasing incorporation of academic science and private industry, and the governmentally supervised nature of modem academic science, has corrupted the traditional freedom and character of the scientist. In order to navigate oneself and find meaning within the new structure of science, scientists now desperately need a fresh ethos that at once considers modern realities of the politics and management of science, societal urgencies, and global politics, as well as establishing a moral perspective where modern scientists can be actors with their own intentionality and responsibility. -/- In the culture of science, myths and ideologies are of critical importance for the formation of the scientist, because these ideas determine how scientists conceive of themselves as professionals and free individuals. More importantly, these ideas determine how scientists approach scientific activity, which exists in a social context, and which ultimately has the potential to dramatically change the characteristics of civilization as it is played out on the political and technological battlefield. It is a commonly held notion in the community of the natural sciences that science now is essentially what it was when it was described by the Nobel laureates of the past; those sweet, cushioning, pleasant words consecrating the ‘temple of science’; the picture of a humble, rational, and noble Einstein is imprinted into our memories. By dismantling these obsolete myths of the scientist and surveying contemporary trends in science, this article will explore a more realistic perspective toward the field of science. The goal of this investigation is to determine the modern reality and ultimate meaning of ‘science as a vocation’ (Shorett 2003). Finally, moral philosophy will be demonstrated to be a critical clement in the self-assertion of the scientist and the elucidation of the meaning of science as a vocation in a global technological society. -/- From the Postscript, 2015: This article took final form when I was a postdoctoral researcher in Canada. Reading it now, I recognize the article still has value, despite its many flaws, hyperboles, and idealism. Many issues in the article have become increasingly relevant, such as the need to make constant trade-offs in courses of action and continuously search for more morally significant research paths. Perhaps the greatest goals in writing the article were to increase intellectual control over the path of my scientific research, to escape the increasing conformity and constraints on modern life, to participate in an open society, to formulate my personal goals and goal hierarchies, to dispel any delusions of overconfidence, and to not be corrupted. (shrink)

Sociologists often ask why particular groups of people have the moral views that they do. I argue that sociology’s empirical research on morality relies, implicitly or explicitly, on unsophisticated and even obsolete ethical theories, and thus is based on inadequate conceptions of the ontology, epistemology, and semantics of morality. In this article I address the two main problems in the sociology of morality: (1) the problem of moral truth, and (2) the problem of value freedom. I identify two ideal–typical approaches. (...) While the Weberian paradigm rejects the concept of moral truth, the Durkheimian paradigm accepts it. By contrast, I argue that sociology should be metaphysically agnostic, yet in practice it should proceed as though there were no moral truths. The Weberians claim that the sociology of morality can and should be value free; the Durkheimians claim that it cannot and it should not. My argument is that, while it is true that factual statements presuppose value judgments, it does not follow that sociologists are moral philosophers in disguise. Finally, I contend that in order for sociology to improve its understanding of morality, better conceptual, epistemological, and methodological foundations are needed. (shrink)

This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. It is argued (...) that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, it should give rise to special moral obligations. Using the notion of residual obligation, these obligations are defended, categorized and clarified. (shrink)

The most valuable player (MVP) of an athletic league is the single best individual player in the league. The MVP award is the institutional recognition of this person, and it is the highest annual award that a player can receive. Despite its widespread consideration and importance, we argue that the concept of the MVP is a fundamentally vague concept. In the context of professional sports, however, such a vague category is valuable in that it promotes the active discussion of different (...) types of excellence found within a specific sport and the weight to be assigned these types, thus leading to a gain for the discussants. (shrink)

Our moral convictions cannot, on the face of it, count in evidence against scientific claims with which they happen to conflict. Moral anti-realists of whatever stripe can explain this easily: science is immune to moral refutation because moral discourse is defective as a trustworthy source of true and objective judgments. Moral realists, they can add, are unable to explain this immunity. After describing how anti-realists might implement this reasoning, the paper argues that the only plausible realist comeback turns on the (...) practical nature of moral reasoning. This comeback, however, places significant constraints on the structure of evidence for moral judgments. These constraints cannot be met by coherentist defenders of reflective-equilibrium methodology or by anyone sympathetic to bottom-up, case-driven foundationalism, including those who claim we have perceptual or perception-like access to moral truths. Unfortunately for realists in these categories, alternative realism-friendly accounts of science’s apparent moral immunity are unpromising. These neither explain nor explain away our unwillingness to infer an is from an ought, as Hume might have put it. Science’s apparent immunity to moral refutation therefore poses a serious problem for any realist unhappy with top-down, theory-driven conceptions of the structure of moral evidence. (shrink)

It has been claimed, by David Heyd, that in order for an act to count as supererogatory the agent performing the act must possess altruistic intentions (1982 p.115). This requirement, Heyd claims, allows us to make sense of the meritorious nature of acts of supererogation. In this paper I will investigate whether there is good reason to accept that this requirement is a necessary condition of supererogation. I will argue that such a reason can be found in cases where two (...) people act in the same way but with only the person who acted with altruistic intent counting as having performed an act of supererogation. In such cases Heyd’s intention requirement plays an important role in ruling out acts that intuitively are not supererogatory. Despite this, I will argue that we should reject Heyd’s requirement and replace it with a moral intention requirement. I will then investigate how to formulate this requirement and respond to two objections that might be raised against it. (shrink)

Larry Alexander and Peter Westen each critically examine different topics from my recent collection of essays, The Philosophy of Criminal Law. Alexander focuses on my “Rapes Without Rapists,” “Mistake of Law and Culpability,” and “Already Punished Enough.” Westen offers a more extended commentary on my “Transferred Intent.” I briefly reply to each critic in turn and try to extend the debates in new directions.

Moral particularism, on some interpretations, is committed to a shapeless thesis: the moral is shapeless with respect to the natural. (Call this version of moral particularism ‘shapeless moral particularism’). In more detail, the shapeless thesis is that the actions a moral concept or predicate can be correctly applied to have no natural commonality (or shape) amongst them. Jackson et al. (Ethical particularism and patterns, Oxford University Press, Oxford, 2000) argue, however, that the shapeless thesis violates the platitude ‘predication supervenes on (...) nature’—predicates or concepts apply because of how things are, and therefore ought to be rejected. I defend shapeless moral particularism by arguing that Jackson et al’s contention is less compelling than it firstly appears. My defense is limited in the sense that it does not prove shapeless moral particularism to be right and it leaves open the possibility that shapeless moral particularism might attract criticisms different from the ones advanced by Jackson et al. But at the very least, I hope to say enough to undermine Jackson et al’s powerful attack against it. The plan of this paper is as follows. Section 1 glosses the view of moral particularism and why it is taken to be essentially committed to the shapeless thesis. Section 2 examines a Wittgensteinian argument for the shapeless thesis. I shall argue that the Canberrans’ counter-arguments against it on grounds of disjunctive commonality and conceptual competence do not succeed. Section 3 explicates Canberrans’ predication supervenience argument against the shapeless thesis. Section 4 offers my criticisms of the Canberrans’ predication supervenience argument. In view of the above discussions, in Sect. 5, I conclude that there is no compelling argument (from the Canberrans) to believe that the shapeless thesis fails (as I have argued in Sect. 4). In fact, there is some good reason for us to believe it (as I have argued in Sect. 2). If so, I contend that moral particularism, when construed as essentially committed to the shapeless thesis, still remains as a live option. (shrink)

Philosophical theorizing is often, either tacitly or explicitly, guided by intuitions about cases. Theories that accord with our intuitions are generally considered to be prima facie better than those that do not. However, recent empirical work has suggested that philosophically significant intuitions are variable and unstable in a number of ways. This variability of intuitions has led naturalistically inclined philosophers to disparage the practice of relying on intuitions for doing philosophy in general (e.g. Stich & Weinberg 2001) and for doing (...) moral philosophy in particular (Appiah 2008; Doris & Stich 2005; Horowitz 1998; Nadelhoffer & Feltz 2008; Sinnott Armstrong 2008). In this paper, we will draw on naturalistic considerations to offer some solace to philosophers who rely on intuitions. We wouldn’t call this a defense of intuitions, exactly, since we are sympathetic with much of the naturalists’ critique. But we want to introduce into the debate some neglected naturalistic reasons to be optimistic about intuitions, focusing especially on ethical intuitions. (shrink)

In this chapter I explore what painful art can tell us about the nature and importance of human welfare. My goal is not so much to defend a new solution to the paradox of tragedy, as it is to explore the implications of the kinds of solutions that I find attractive. Both nonhedonic compensatory theories and constitutive theories explain why people seek out painful art, but they have troublesome implications. On some narrow theories of well-being, they imply that painful art (...) is bad for us. Accordingly, we may rightly wonder if it rational for people to watch melodramas or to listen to love songs. One might think that we should generally avoid unpleasant works of art. This implication flirts with absurdity. I show how it can be avoided by making a distinction between well-being and worth. (shrink)

Abstract What do we mean to say when we call some person a good business manager? And where do the criteria flow from by which we judge people good business managers? I answer these questions by drawing on von Wright's distinction between several varieties of goodness. We can then discriminate between instrumental, technical and moral senses of the expression ?to be a good business manager?. The first two senses presume that business managers have a characteristic task or that they engage (...) in typical activities. It is natural to specify this task and these activities by appealing to goods and to the good of a business. These goods may then be identified as goods for people. Insofar as the welfare of people is of moral value, we obtain a morally loaded account of business management. I argue against this account and plead for a more sober understanding of economic goods and of the good of a business. The latter can be understood in analogy to the good of an individual person, but is largely determined by the goals of the founders and owners. Economic goods are things that are wanted by some people and thus exchanged on markets. If this is so, then there is no direct conceptual path from instrumentally or technically good business managers to morality even though there are certain affinities. To conclude, I trace the consequences for our understanding of business ethics. (shrink)

Act-utilitarianism and other theories in normative ethics confront the implementability problem: normal human agents, with normal human epistemic abilities, lack the information needed to use those theories directly for the selection of actions. Two Level Theories have been offered in reply. The theoretical level component states alleged necessary and sufficient conditions for moral rightness. That component is supposed to be true, but is not intended for practical use. It gives an account of objective obligation. The practical level component is offered (...) as an implementable system for the choice of actions by agents lacking some relevant information. It gives an account of subjective obligation. Several different ways of developing Two Levelism are explained and criticized. Five conditions that must be satisfied if the practical level principle is to be a good match for a given theoretical level principle are stated. A better form of Two Levelism is presented. (shrink)

Some philosophers have claimed that pleasures and pains are characterized by their particular or . Most contemporary writers reject this view: they hold that hedonic states have nothing in common except being liked or disliked (alternatively: pursued or avoided) for their own sake. In this article, I argue that the hedonic tone view has been dismissed too quickly: there is no clear introspective or scientific evidence that pleasures do not share a phenomenal quality. I also argue that analysing hedonic states (...) in terms of liking or wanting is implausible. If it is correct that pleasures and pains are not united by any particular hedonic tone, we should instead simply conclude that there are several different hedonic tones. This pluralistic understanding of the hedonic tone view has generally been overlooked in the literature, but appears to be fairly plausible as a philosophical account of pleasure and pain. (shrink)

Rule consequentialism (RC) holds that the rightness and wrongness of actions is determined by an ideal moral code, i.e., the set of rules whose internalization would have the best consequences. But just how many moral codes are there supposed to be? Absolute RC holds that there is a single morally ideal code for everyone, while Relative RC holds that there are different codes for different groups or individuals. I argue that Relative RC better meets the test of reflective equilibrium than (...) Absolute RC. In particular, I contend that Relative RC is superior because it accommodates our convictions about costless benefits. Some have charged that Relative RC threatens our convictions about the generality of moral codes and that it leads inevitably to what Brad Hooker calls “runaway relativism.” I argue that Relative RC has principled reasons for stopping this imagined slide down the slippery slope. (shrink)

Wendell Wallach and Colin Allen’s Moral Machines: Teaching Robots Right From Wrong (Oxford University Press, 2009) explores efforts to develop machines that, not only can be employed for good or bad ends, but which themselves can be held morally accountable for what they do— artificial moral agents (AMAs). This essay is a critical response to Wallach and Allen’s conjectures. Although Wallach and Allen do not suggest that we are close to being able to create full-fledged AMAs, they do talk seriously (...) about making incremental progress in the direction of creating them (even if we never fully succeed). However, there are important questions about the moral development of AMAs that Moral Machines does not address. Given the responsibilities entrusted to human moral agents, we take questions about their moral development very seriously. In the case of children, the hope is that eventually they will develop into full-fledged moral agents. How might we expect this to go with less than fully formed AMAs? Will there be a comparable story of moral development and moral education that we can tell? (shrink)

Much of the debate concerning political obligation deals with the question of which, if any, moral principles could make obedience to the directives of the government a matter of obligation. What makes political obligation political has not received attention in the literature on the topic. In this article I argue that the lack of systematic reflection on what makes political obligation political is responsible for the failure of a number of influential theories of political obligation. I demonstrate this failure using (...) the consent theory of political obligation as my major example. I conclude my analysis by formulating some positive conditions that a successful principle of political obligation should satisfy. (shrink)

This paper deals with the question of the conflict of constitutional rights with regard to basic rights. Two extreme accounts are outlined: the subsumptive approach and the particularistic approach, that embody two main conceptions of practical rationality. Between the two approaches there is room for a range of options, two of which are examined: the proportionalist approach, which conserves the scope of rights restricting their stringency, and the specificationist approach, which preserves the stringency of rights restricting their scope. I will (...) present arguments in defence of the latter. (shrink)

Someone once told me that the average number of readers of a philosophy article is about six. That is a particularly depressing thought when one takes into account the huge influence of certain articles. When I think of, say, Gettier's article on knowledge, or Quine's ‘Two Dogmas’, I begin to wonder whether anyone is ever likely to read anything I write. Usually the arguments of these very influential articles have been subjected to widespread analysis and interpretation. The case of Elizabeth (...) Anscombe's ‘Modern Moral Philosophy’, published in 1958, is something of an exception. That article has played a significant part in the development of so-called ‘virtue ethics’, which has burgeoned over the last three decades in particular. But there has been less close attention to its arguments than one might have expected. (shrink)

The goal of this article is to try to resolve two key problems in the duty-based approach of W. D. Ross: the source of principles and a process for moving from prima facie to actual duty. I use a naturalistic explanation for the former and a nine-step method for making concrete ethical decisions as they could be applied to journalism. Consistent with Ross's position, the process is complicated, particularly in tougher problems, and it cannot guarantee correct choices. Again consistent with (...) Ross, such complexity and uncertainty speak in the method's favor, given the difficulty—factual, motivational, and organizational—of ethics problems and decision making. (shrink)

Moral philosophy has long been preoccupied by a supposed dichotomy between the "good" and the "right". This dichotomy has been taken to define certain allegedly central issues for ethics. How are the good and the right related to each other? For example, is one of the two "prior" to the other? If so, is the good prior to the right, or is the right prior to the good?

There are two fundamental classes of terms traditionally distinguished within moral vocabulary: the deontic and the aretaic. The terms from the first set serve in the prescriptive function of a moral code. The second class contains terms used for a moral evaluation of an action. The problem of the relationship between the aretaic and the deontic has not been discussed often by philosophers. It is, however, a very important and interesting issue: any normative ethical theory which takes as basic one (...) set of these concepts should justify such choice and establish, at least implicitly, the logical relation with the other set. This paper is organized around the criticism of Stocker’s ‘sameness thesis’ (Stocker 1973 ): the claim that ‘good’ or ‘right’ mean the same thing. It is first presented in Stocker’s own formulation and criticized as implausible in that form. Some friendly modifications to his idea are suggested and then further discussed with the skeptical conclusion: no matter how close we bring deontic and aretaic notions, the gap between them will remain and any attempt to define or even explain one set of terms in another will leave something behind. (shrink)

The problem of necessary evil is a sub-class of the problem of moral dilemmas. In cases of genuine moral dilemmas the agent cannot avoid doing evil whatever he does. In some cases of genuine moral dilemmas, the options facing the agent are incommensurable. But in some other cases of genuine moral dilemmas, though wrong doing is inescapable, there is a rationally best course of action. These are cases of necessary evil. There are several views regarding the doing of necessary evil. (...) On the closure view it is never necessary to do what is evil. This is the view of some utilitarians and of Kant. Then there are people who believe that it is sometimes necessary to do evil. Of these some (like John Gardner) believe that evil in such cases is justified even though it remains an evil; while there are others (like Gandhi) who believe that evil in such cases can never be justified but it can at best be excused or pardoned. Some even think that in some extreme cases the individual who does evil (even if it is the lesser evil) should be punished even though the individual could not avoid doing evil whatever he chose. The paper stresses the significance of the distinction between justified wrong doing, pardonable wrong doing, and excusable wrong doing. (shrink)

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)

I argue in defense of Aristotle's position that contemplation is the proper use of at least some of one's leisure and that, consequently, leisure education must consist in teaching the inclination and capacity for contemplation. However, my position is somewhat more flexible than Aristotle's, in that I allow that there are other activities worthy of some leisure. My argument examines Aristotle's own comments on the importance of theoria as well as commentaries by Ackrill, Nagel, Broadie, Green and Telfer. In the (...) conclusion I argue that there are good reasons to think that studying Philosophy is one of the best strategies for leisure education. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the "moral (...) dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

Any plausible position in the ethics of war and political violence in general will include the requirement of protection of civilians (non-combatants, common citizens) against lethal violence. This requirement is particularly prominent, and particularly strong, in just war theory. Some adherents of the theory see civilian immunity as absolute, not to be overridden in any circumstances whatsoever. Others allow that it may be overridden, but only in extremis. The latter position has been advanced by Michael Walzer under the heading of (...) “supreme emergency.” In this paper, I look into some of the issues of interpretation and application of Walzer’s “supreme emergency” view and some of the criticisms that have been levelled against it. I argue that Walzer’s view is vague and unacceptable as it stands, but that the alternatives proposed by critics such as Brian Orend, C.A.J. Coady, and Stephen Nathanson are also unattractive. I go on to construct a position that is structurally similar to Walzer’s, but more specific and much less permissive, which I term the “moral disaster” view. According to this view, deliberate killing of civilians is almost absolutely wrong. (shrink)

This paper is an attempt to undermine a basic assumption of theories of well-being, one that I call well-being invariabilism. I argue that much of what makes existing theories of well-being inadequate stems from the invariabilist assumption. After distinguishing and explaining well-being invariabilism and well-being variabilism, I show that the most widely-held theories of well-being—hedonism, desire-satisfaction, and pluralist objective-list theories—presuppose invariabilism and that a large class of the objections to them arise because of it. My aim is to show that (...) abandoning invariabilism and adopting variabilism is a sensible first step for those aiming to formulate more plausible theories of well-being. After considering objections to my argument, I explain what a variabilist theory of well-being would be like and show that well-being variabilism need not be any threat to the project of formulating theories of well-being that deliver general principles concerning well-being enhancement. (shrink)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

Darwin’s treatment of morality in The Descent of Man has generated a wide variety of responses among moral philosophers. Among these is the dismissal of evolution as irrelevant to ethics by Darwin’s contemporary Henry Sidgwick; the last, and arguably the greatest, of the Nineteenth Century British Utilitarians. This paper offers a re-examination of Sidgwick’s response to evolutionary considerations as irrelevant to ethics and the absence of any engagement with Darwin’s work in Sidgwick’s main ethical treatise, The Methods of Ethics . (...) This assessment of Sidgwick’s response to Darwin’s work is shown to have significance for a number of ongoing controversies in contemporary metaethics. (shrink)

Frequently, the just war principle of noncombatant immunity is interpreted as morally prohibiting the intentional targeting of noncombatants. Apparently, many just war theorists assume that to target means to (intend to) kill. Now that effective nonlethal weapons have been envisaged, it should be evident that there is no conceptual connection between intentionally targeting and intentionally killing. For, using nonlethal weapons, there could be intentional targeting without intentional killing. This paper explores the question of whether the noncombatant immunity principle should be (...) revised, so as to allow uses of nonlethal weapons. Preliminary to answering this question, some other questions are explored, among which are the following. Why should a noncombatant immunity principle be accepted? Why is it morally permissible to intentionally target enemy combatants? Are noncombatants grievously harmed when they are incapacitated by nonlethal weapons? Is it morally permissible to intentionally incapacitate enemy combatants with nonlethal weapons, while knowingly but not intentionally incapacitating noncombatants? In order to focus on moral questions involving nonlethal weapons, questions about their effectiveness or legality are set aside. Instead of the idea of noncombatant immunity as expressed above, a delimited principle of noncombatant immunity is proposed—namely, that, in the conduct of war, the intentional grave injuring or killing of noncombatants is morally prohibited. Also proposed is a principle of noncombatant targeting, which would allow some uses of nonlethal weapons to intentionally incapacitate noncombatants. (shrink)

Moral philosophers are, among other things, in the business of constructing moral theories. And moral theories are, among other things, supposed to explain moral phenomena. Consequently, one’s views about the nature of moral explanation will influence the kinds of moral theories one is willing to countenance. Many moral philosophers are (explicitly or implicitly) committed to a deductive model of explanation. As I see it, this commitment lies at the heart of the current debate between moral particularists and moral generalists. In (...) this paper I argue that we have good reasons to give up this commitment. In fact, I show that an examination of the literature on scientific explanation reveals that we are used to, and comfortable with, non-deductive explanations in almost all areas of inquiry. As a result, I argue that we have reason to believe that moral explanations need not be grounded in exceptionless moral principles. (shrink)

The ancient question of what a good life consists in is currently the focus of intense debate. There are two aspects to this debate: the first concerns how the concept of a good life is to be understood; the second concerns what kinds of life fall within the extension of this concept. In this paper, I will attend only to the first, conceptual aspect and not to the second, substantive aspect. More precisely, I will address the preliminary, underlying question of (...) how to understand what it is in general for something to be good for someone, from which an understanding of the more particular concept of a good life may be derived. (shrink)

This paper aims to explore the space of possible particularistic approaches to Philosophy of Science by examining the differences and similarities between Jonathan Dancy’s moral particularism—as expressed in both his earlier writings (e.g., Moral Reasons , 1993), and, more explicitly defended in his book Ethics without Principles (2004)—and Nancy Cartwright’s particularism in the philosophy of science, as defended in her early collection of essays, How the Laws of Physics Lie (1983), and her later book, The Dappled World: A Study of (...) the Boundaries of Science (1999). I shall argue that Dancy’s particularism is more radical, but also more plausible, than Cartwright’s, concluding that we have good reason to embrace a scientific particularism that is far closer to Dancy’s ethical particularism than any view defended by Nancy Cartwright, or any other philosopher from the ‘Stanford school’ of scientific theory. (shrink)

RÉSUMÉ: Dans cet article, je distingue deux familles théoriques qui conçoivent les normes morales comme des «intrants» (inputs) ou des «extrants» (outputs). Je soutiens que l’on peut ultimement unifier la meilleure version de ces deux modèles en un seul modèle théorique que je nomme l’Innéisme Modéré. La différence entre ces deux modèles apparemment antagonistes en est une de perspective plutôt que de contenu : alors que le modèle des intrants analyse l’impact de dispositions émotionnelles sur l’évolution historique des normes morales, (...) le modèle des extrants s’intéresse plutôt au rôle de ces mêmes dispositions dans le développement de jugements moraux individuels. (shrink)

This paper presents a non-consequentialist defense of Rawls’s general conception of justice requiring that primary social goods be distributed so that the least share is as great as possible. It suggests that a defense of this idea can be offered within a Rossian framework of prima facie duties. The prima facie duty not to harm constrains people from supporting social institutions which do not leave their fellows with goods and resources above a certain threshold. The paper argues that societies in (...) accord with the Rawlsian general conception come closest to meeting this requirement. This way of arguing for the conception enables the defenders of the theory to elude standard objections offered by utilitarians, libertarians, and even other egalitarians. (shrink)

When making moral judgments, people are typically guided by a plurality of moral rules. These rules owe their existence to human emotions but are not simply equivalent to those emotions. And people’s moral judgments ought to be guided by a plurality of emotion-based rules. The view just stated combines three positions on moral judgment: [1] moral sentimentalism, which holds that sentiments play an essential role in moral judgment,1 [2] descriptive moral pluralism, which holds that commonsense moral judgment is guided by (...) a plurality of moral rules2, and [3] prescriptive moral pluralism, which holds that moral judgment ought to be guided by a plurality of moral rules. In what follows, we will argue for all three positions. We will not present a comprehensive case for these positions nor address many of the arguments philosophers have developed against them. What we will try to show is that recent psychological work supports sentimentalist pluralism in both its descriptive and prescriptive forms. (shrink)

In this paper I argue that the disagreement between modern moral philosophers and (some) virtue ethicists about whether motive affects rightness is a result of conceptual disagreement, and that when they develop a theory of ‘right action,’ the two parties respond to two very different questions. Whereas virtue ethicists tend to use ‘right’ as interchangeable with ‘good’ or ‘virtuous’ and as implying moral praise, modern moral philosophers use it as roughly equivalent to ‘in accordance with moral obligation.’ One implication of (...) this is that the possibility of an act being right by accident does not pose a problem for consequentialism or deontology. A further implication is that it reveals a shortcoming in virtue ethics, namely that it does not—yet needs to—present an account of moral obligation. (shrink)

Monists, pluralists, and particularists disagree about the structure of the best explanation of the rightness (wrongness) of actions. In this paper I argue that the availability of good moral advice gives us reason to prefer particularist theories and pluralist theories to monist theories. First, I identify two distinct roles of moral theorizing—explaining the rightness (wrongness) of actions, and providing moral advice—and I explain how these two roles are related. Next, I explain what monists, pluralists, and particularists disagree about. Finally, I (...) argue that particularists and pluralists are better situated than monists to explain why it is a good idea to think before we act, and that this gives us reason to favor particularism and pluralism over monism. (shrink)