Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...) taken the problem of algorithmic bias seriously, but the current discussion on algorithmic fairness tends to conceptualize ‘fairness’ in algorithmic fairness primarily as a technical issue and attempts to implement pre-existing ideas of ‘fairness’ into algorithms. In this paper, I show that such a view of algorithmic fairness as technical issue is unsatisfactory for the type of problem algorithmic fairness presents. Since decisions on fairness measure and the related techniques for algorithms essentially involve choices between competing values, ‘fairness’ in algorithmic fairness should be conceptualized first and foremost as a political issue, and it should be (re)solved by democratic communication. The aim of this paper, therefore, is to explicitly reconceptualize algorithmic fairness as a political question and suggest the current discussion of algorithmic fairness can be strengthened by adopting the accountability for reasonableness framework. (shrink)

Pour contrer le scepticisme au sujet de la connaissance des valeurs, la plupart soutiennent avec John Rawls qu’une croyance comme celle qu’une action est bonne est justifiée dans la mesure où elle appartient à un ensemble de croyances cohérent, ayant atteint un équilibre réfléchi. Christine Tappolet s’inspire des travaux de Max Scheler et d’Alexius von Meinong pour défendre une conception opposée au cohérentisme. La connaissance des valeurs est affirmée dépendre de nos émotions, ces dernières étant conçues comme des perceptions des (...) valeurs. (shrink)

Theories of practical reason must meet a psychological requirement: they must explain how normative practical reasons can be motivationally efficacious. It would be pointless to claim that we are subject to normative demands of reason, if we were in fact unable to meet those demands. Concerning this requirement to account for the possibility of rational motivation, internalist approaches are distinguished from externalist ones. I defend internalism, whilst rejecting both ways in which the belief‐desire model can be instantiated. Both the Humean (...) and the Kantian instantiation of that model fail to account for the internal connection between normative and motivating reasons required by internalism. The two classes of reasons rather come to be seen as mutually exclusive. Opposing the belief‐desire model, I argue that rational motivation can only be established by reference to emotion. Emotions are affective perceptions. They have motivational force so that they can contribute to the explanation of action. At the same time they can rationalise actions because they have an intentional content which resembles the content of sensory perception in being representational. Because of this, the emotions can noninferentially justify judgements, which in turn can justify actions. I conclude by outlining the Aristotelian account of practical reason and ethics that emerges from integrating the emotions into practical reasoning. Doing the right thing is much more a matter of seeing things right than of drawing the right inferences. Seeing things right, in its turn, is not only to justify an action: it necessarily implies to be motivated to act accordingly. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...) crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

Metaethics, understood as a distinct branch of ethics, is often traced to G. E. Moore's 1903 classic, Principia Ethica. Whereas normative ethics is concerned to answer first order moral questions about what is good and bad, right and wrong, metaethics is concerned to answer second order non-moral questions about the semantics, metaphysics, and epistemology of moral thought and discourse. Moore has continued to exert a powerful influence, and the sixteen essays here represent the most up-to-date work in metaethics after, and (...) in some cases directly inspired by, the work of Moore. (shrink)

sonable, in this sense, if we ignore, or give too little weight to, some other people's well-being or moral claims.' Some critics have suggested that, because Scanlon appeals to this sense of 'reasonable', his formula is empty. On this objection, whenever we believe that some act is wrong, we shall believe that people have moral claims not to be treated in this way. We could therefore argue that such acts are disallowed by some principle which no one could reasonably reject, (...) since anyone who rejected this principle would be giving too little weight to people's moral claims not to be treated in this way. Since everyone could claim that the principles which they accept could not be reasonably rejected, Scanlon's Formula would make no difference to our moral thinking. That is not so. If we reject the principles that disallow certain acts, we are denying that such acts are wrong. This denial would be unreasonable if it would give too little weight to some other people's moral claims. So Scanlon's Formula implies that.. (shrink)

Scanlonian contractualism has difficulties to account for our moral obligations to future generations due to the nonidentity problem. A prominent solution is to refer to the more general standpoints or types of future persons in moral deliberation. This paper critically examines the “types-of-persons approach” and identifies two alternative versions that have been conflated so far. The types-of-persons approach could claim that the relevant reasons for objection are either (a) the reasons of types of persons, or (b) type-based reasons of token (...) persons. I explore these two options in more detail and argue that both are, in their own ways, incompatible with central features of Scanlonian contractualism. Consequently, the types-of-persons approach fails to offer a satisfactory solution to the nonidentity problem for Scanlonian contractualists. (shrink)

What justifies our holding a person morally responsible for some past action? Why am I justified in having a special prudential concern for some future persons and not others? Why do many of us think that maximizing the good within a single life is perfectly acceptable, but maximizing the good across lives is wrong? In these and other normative questions, it looks like any answer we come up with will have to make an essential reference to personal identity. So, for (...) instance, it seems we are justified in holding X responsible for some past action only if X is identical to the person who performed that action. Further, it seems I am justified in my special concern for some future person only if he will be me. Finally, many of us think that while maximization within a life affects only one person, a metaphysical unity, maximization across lives affects many different, metaphysically distinct, persons, and so the latter is wrong insofar as it ignores this fundamental separateness of persons. (shrink)

The prospects for moral realism and ethical naturalism have been important parts of recent debates within metaethics. As a first approximation, moral realism is the claim that there are facts or truths about moral matters that are objective in the sense that they obtain independently of the moral beliefs or attitudes of appraisers. Ethical naturalism is the claim that moral properties of people, actions, and institutions are natural, rather than occult or supernatural, features of the world. Though these metaethical debates (...) remain unsettled, several people, myself included, have tried to defend the plausibility of both moral realism and ethical naturalism. I, among others, have appealed to recent work in the philosophy of language—in particular, to so-called theories of “direct reference” —to defend ethical naturalism against a variety of semantic worries, including G. E. Moore's “open question argument.” In response to these arguments, critics have expressed doubts about the compatibility of moral realism and direct reference. In this essay, I explain these doubts, and then sketch the beginnings of an answer—but understanding both the doubts and my answer requires some intellectual background. (shrink)

Many critics of utilitarianism claim that we should reject interpersonal aggregation because aggregative principles do not take the separateness of persons seriously. In this article, I will reject this claim. I will first elucidate the theoretical structure of aggregation. I will then consider various interpretations of the notion of the separateness of persons and clarify what exactly those critics are trying to reject by appealing to the notion of the separateness of persons. I will argue that none of these interpretations (...) can serve as the ground for rejecting aggregation. (shrink)

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...) outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)

Hypothetical contracts have been said to be not worth the paper they are not written on. This paper defends hypothetical consent theories of justice, such as Rawls's, against the view that they lack justificatory power. I argue that while hypothetical consent cannot generate political obligation, it can generate political legitimacy.

It is common for philosophers to reject otherwise plausible moral theories on the ground that they are objectionably demanding, and to endorse “Moderate” alternatives. I argue that while support can be found within the method of reflective equilibrium for Moderate moral principles of the kind that are often advocated, it is much more difficult than Moderates have supposed to provide support for the view that morality’s demands in circumstances like ours are also Moderate. Once we draw a clear distinction between (...) Moderate accounts of the content of moral principles, and Moderate accounts of morality’s demands in circumstances like ours, we can see that defenses of Moderate views that include both of these components are subject to both methodological and substantive objections. I consider arguments for Moderate views that have been made by Samuel Scheffler and Richard Miller, and argue that both are methodologically problematic because they rely on appeals to intuitions that we have strong grounds to think are unreliable. I conclude that we must take seriously the possibility that Moderate principles, applied to well off people in circumstances like ours, imply demands that are much more extensive than Moderates typically accept. (shrink)

This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...) (in the sense of undesired) harm to others—noncriminal activities that impose some risk of harm on others—they would rule out all action. Moreover, because such conduct poses an irreducible conflict between freedom of action and freedom from expected harm, it can be regulated only by principles that accept the necessity of making precisely the sorts of interpersonal trade-offs that contractualism is foundationally committed to reject: trade-offs in which the numbers count, such that a risk of serious harm to one person can be justified by small benefits to the many. (shrink)

Traditional rule consequentialism faces a problem sometimes called the ideal world objection—the worry that by looking only at the consequences in worlds where rules are universally adhered to, the theory fails to account for problems that arise because adherence to rules in the real world is inevitably imperfect. In response, recent theorists have defended sophisticated versions of rule consequentialism which are sensitive to the consequences in worlds with less utopian levels of adherence. In this paper, I argue that these attempts (...) underestimate the problem they are designed to avoid—the worry about ideal worlds is only one manifestation of a deeper and more general problem, the distant world objection, which threatens not only the sophisticated revisions of rule consequentialism, but any view which determines what we ought to do by evaluating worlds that differ from ours in more than what is up to us. (shrink)

According to contractualist theories in ethics, whether an action is wrong is determined by whether it could be justified to others on grounds no one could reasonably reject. Contractualists then think that reasonable rejectability of principles depends on the strength of the personal objections individuals can make to them. There is, however, a deep disagreement between contractualists concerning from which temporal perspective the relevant objections to different principles are to be made. Are they to be made on the basis of (...) the prospects the principles give to different individuals ex ante or on the basis of the outcomes of the principles ex post? Both answers have been found to be problematic. The ex ante views make irrelevant information about personal identity morally significant and lead to objectionable ex ante rules, whereas ex post views lead to counterintuitive results in the so-called different harm and social risk imposition cases. The aim of this article is to provide a new synthesis of these views that can avoid the problems of the previous alternatives. I call the proposal ‘risk-acknowledging’ ex post contractualism. The crux of the view is to take into account in the comparisons of different objections both the realized harms and the risks under which individuals have to live. (shrink)

Recently, a number of philosophers have argued that we can and should “consequentialize” non-consequentialist moral theories, putting them into a consequentialist framework. I argue that these philosophers, usually treated as a group, in fact offer three separate arguments, two of which are incompatible. I show that none represent significant threats to a committed non-consequentialist, and that the literature has suffered due to a failure to distinguish these arguments. I conclude by showing that the failure of the consequentializers’ arguments has implications (...) for disciplines, such as economics, logic, decision theory, and linguistics, which sometimes use a consequentialist structure to represent non-consequentialist ethical theories. (shrink)

An argument for the eponymous conclusion is given through a series of hypothetical syllogisms, the most basic of which is as follows: morality is necessary for self-respect; self-respect is necessary for happiness; therefore, morality is necessary for happiness. Some of the most obvious objections are entertained and rejected.

This paper argues that, with modification, Rawls's social contract theory can produce principles of distributive justice applying to the severely disabled. It is a response to critics who claim that Rawls's assumption that the parties in the original position represent fully cooperating citizens excludes the disabled from the social contract. I propose that this idealizing assumption should be dropped at the constitutional stage of the contract where the parties decide on a social minimum. Knowing that they might not be fully (...) capable of social cooperation, the parties will choose a social minimum that is as high and comprehensive as is compatible with the difference principle. This will ensure that the disabled have an adequate income. (shrink)

How should contractualists assess the permissibility of risky actions? Both main views on the question, ex ante and ex post, fail to distinguish between different kinds of risk. In this article, I argue that this overlooks a third alternative that I call “objective ex ante contractualism”. Objective ex ante substitutes discounting complaints by epistemic risk in favor of discounting by objective risk. I further argue in favor of this new view. Objective ex ante contractualism provides the best model of justifiability (...) to each. (shrink)

Francis Hutcheson's An Inquiry Into the Original of Our Ideas of Beauty and Virtue, published in 1725, arguably contains the first broadly utilitarian theory of rights ever formulated. In this essay, I argue that, despite its subtlety, there are crucial lacunae in Hutcheson's theory. One of the most important, which Mill seeks to repair, is that his theory of rights lacks a conceptually necessary companion, namely, a corollary account of obligation. Hutcheson has no theory of fully deontic obligations, much less (...) an account of the relational obligations that, as Hohfeld famously argued, are the conceptually necessary correlates of claim rights of the kind Hutcheson wishes to theorise. Like Hume, Hutcheson subversively redefines ‘obligation’ as a motive of self-interest or the approval of morally good motives by moral sense. This leaves Hutcheson without any account of the obligations that are the necessary correlates of claim rights. Mill does significantly better on this score but ends up giving a pragmatic ‘reason of the wrong kind’ for rights and obligations. Hutcheson thus begins a line of thought shown by him to have been powerless to ground rights without independent deontic premises from the start. (shrink)

Welfarism is the view that morality is centrally concerned with the welfare or well-being of individuals. The division between welfarist and non-welfarist approaches underlies many important disagreements in ethics, but welfarism is neither consistently defined nor well understood. I survey the philosophical work on welfarism, and I offer a suggestion about how the view can be characterized and how it can be embedded in various kinds of moral theory. I also identify welfarism's major rivals, and its major attractions and weaknesses.

John Rawls says: “The main problem of distributive justice is the choice of a social system.” Property-owning democracy is the social system that Rawls thought best realized the requirements of his principles of justice. This article discusses Rawls’s conception of property-owning democracy and how it is related to his difference principle. I explain why Rawls thought that welfare-state capitalism could not fulfill his principles: it is mainly because of the connection he perceived between capitalism and utilitarianism.

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that (...) political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated. (shrink)

Peter Singer’s defense of the duty to aid the world’s poor by the pond analogy is self-defeating. It cannot be both true that you ought to save the drowning child from a pond at the expense of ruining your shoes and that you ought to aid the world’s poor if you thereby do not sacrifice anything of comparable moral importance. Taking the latter principle seriously would lead you to let the child in front of you drown whenever you could thereby (...) save more children in the developing world. Though Singer can defend the duty to aid the world’s poor starting from consequentialist principles requiring you to make things go best in the impartial sense, he cannot have it invoking the commonsense judgment about what you ought to do in the pond case. There is no sound path from commonsense morality to Singer’s principles of beneficence. (shrink)

The introduction (about 6,000 words) to _The Cambridge Companion to Utilitarianism_, in three sections: utilitarianism’s place in recent and contemporary moral philosophy (including the opinions of critics such as Rawls and Scanlon), a brief history of the view (again, including the opinions of critics, such as Marx and Nietzsche), and an overview of the chapters of the book.

Kant considers eudaimonism as his main opponent and he assumes that his ethics is the only viable alternative to eudaimonism. He does not explicitly address theories differing from both eudaimonism and from his own. I argue that whilst Kant and Act-Consequentialists advocate different normative principles, their positions share the important abstract feature that they establish what is to be done from a rational principle and not based on what is in the self-interest of the respective agent, as Kant thinks eudaimonism (...) does. Act-Consequentialism is thus closer to Kant’s ethics than is often assumed. I will demonstrate and vindicate this point with a new interpretation of the Fact of Reason. This reading also establishes that the notion of a Fact of Reason is less contentious than many of Kant’s critics believe. We should not expect that the Fact establishes Kantianism. Instead, the Fact is only supposed to count against a specific competing view of morality, namely, eudaimonism. Act-Consequentialists can accept the Fact as well. (shrink)

In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this regard, has still been (...) under appreciated—even though Scanlon makes what he once called “moral motivation” central, throughout his work. My first aim, then, is to do my best to draw out and make vivid this appeal. I will do this by first considering the two questions that Scanlon thinks must be addressed by any moral theory, what he once called “the question of subject matter” and “the question of motivation.” I will spend some time first locating and explicating the second question, of motivation, and then displaying Scanlon’s answer to it—it is this answer which provides contractualism with its under-appreciated appeal. I will then return to the question of subject matter—which will, by that point, have been revealed as not wholly distinct from the question of motivation, as Scanlon understands it. But it is as an answer to this question that Scanlon’s theory is most often.. (shrink)

In this paper, I argue that Humean theories of moral motivation appear preferable to Kantian approaches only if one assumes a broadly foundationalist conception of rational justification. Like foundationalist approaches to justification generally, Humean psychology aims to counter the regress-of-justification argument by positing a set of ultimate regress-stoppers-in this case, unmotivated desires. If the need for regress-stoppers of this type in the realm of practical deliberation is accepted, desires do indeed appear to be the most likely candidate. But if this (...) foundationalist strategy is rejected, there is no longer any reason to suppose that all motivation must be traceable to some extra-rational incentive. This clears the way for a rehabilitation of the Kantian claim that reasons for action can take the form of categorical imperatives. To illustrate this thesis, I show how a conception of practical rationality that incorporates a contextualist model of justification can be developed that treats social norms as reasons for action, without assigning any mediating role to agent desires. a theory of action of this type eliminates the gap between moral obligation and action, and so articulates the fundamental Kantian intuition that acting on the basis of moral principle-and with disregard for self-interest-is just one way of acting rationally. (shrink)

Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...) obvious role for punishment will be, so far as possible, to undo such evils: to rectify the effects of the crime that make it a repugnant republican act. This paper explores this theory of punishment as rectification, contrasting it with better established utilitarian and retributivist approaches. (shrink)

According to Rainer Forst, (i) moral and political claims must meet a requirement of reciprocal and general acceptability (RGA) while (ii) we are under a duty in engaged discursive practice to justify such claims to others, or be able to do so, on grounds that meet RGA. The paper critically engages this view. I argue that Forst builds a key component of RGA, i.e., reciprocity of reasons, on an idea of the reasonable that undermines both (i) and (ii): if RGA (...) builds on this idea, RGA is viciously regressive and a duty of justification to meet RGA fails to be agent transparent. This negative result opens the door for alternative conceptions of reciprocity and generality. I then suggest that a more promising conception of reciprocity and generality needs to build on an idea of the reasonable that helps to reconcile the emancipatory or protective aspirations of reciprocal and general justification with its egalitarian commitments. But this requires to downgrade RGA in the order of justification and to determine on prior, substantive grounds what level of discursive influence in reciprocal and general justification relevant agents ought to have. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

The present paper revisits the issue of rational decision making in John Rawls' original position. Drawing on Isaac Levi's theory of decision, I discuss how we can defend Rawls against John C. Harsanyi's charge that maximin reasoning in the original position is irrational. The discussion suggests that systematic application of Levi's theory is likely to have important consequences for ethics and political theory as well as for public policy.

Lotteries have long been used to resolve competing claims, yet their recent implementation to allocate school places in Brighton and Hove, England led to considerable public outcry. This article argues that, given appropriate selection is impossible when parties have equal claims, a lottery is preferable to an auction because it excludes unjust influences. Three forms of contractualism are discussed and the fairness of lotteries is traced to the fact that they give each person an equal chance, as a surrogate for (...) their equal claim to the good. It is argued that this can be a reason to favour an artificially-constructed lottery to a 'natural' lottery where there is suspicion that the latter may be biased. (shrink)

The moral error theory has become increasingly popular in recent decades. So much so indeed that a new issue emerged, the so-called “now-what problem”: if all our moral beliefs are false, then what should we do with them? So far, philosophers who are interested in this problem have focused their attention on the mode of the attitudes we should have with respect to moral propositions. Some have argued that we should keep holding proper moral beliefs; others that we should replace (...) our moral beliefs with fictional attitudes, beliefs in natural facts, or conative attitudes. But all these philosophers have set aside an important question about the content of these attitudes: which moral propositions, and more generally which moral theory, should we accept? The present paper addresses this neglected issue, arguing that moral error theorists should adopt a utilitarian moral fiction. In other words, they should accept the set of moral principles whose general acceptance would maximize overall well-being. (shrink)

According to Partial Aggregation, a serious harm can be outweighed by a large number of somewhat less serious harms, but can outweigh any number of trivial harms. In this paper, I address the question of how we should extend Partial Aggregation to cases of risk, and especially to cases involving small risks of serious harms. I argue that, contrary to the most popular versions of the ex ante and ex post views, we should sometimes prevent a small risk that a (...) large number of people will suffer serious harms rather than prevent a small number of people from certainly suffering the same harms. Along the way, I object to the ex ante view on the grounds that it gives an implausible degree of priority to preventing identified over statistical harms, and to the ex post view on the grounds that it fails to respect the separateness of persons. An insight about the nature of claims emerges from these arguments: there are three conceptually distinct senses in which a person’s claim can be said to have a certain degree of strength. I make use of the distinction between these three senses in which a claim can be said to have strength in order to set out a new, more plausible, view about the aggregation of people’s claims under risk. (shrink)