What do we owe to our descendants? How do we balance their needs against our own? Tim Mulgan develops a new theory of our obligations to future generations, based on a new rule-consequentialist account of the morality of individual reproduction. He also brings together several different contemporary philosophical discussions, including the demands of morality and international justice. His aim is to produce a coherent, intuitively plausible moral theory that is not unreasonably demanding, even when extended to cover future people. While (...) the book focuses on developing this new account, there are also substantial discussions of alternative views, especially contract-based accounts of intergenerational justice and competing forms of consequentialism. (shrink)

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...) concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

This thesis defends utilitarianism: the view that as far as morality goes, one ought to choose the option which will result in the most overall well-being. Utilitarianism is widely rejected by philosophers today, largely because of a number of influential objections. In this thesis I deal with three of them. Each is found in Bernard Williams’s ‘A Critique of Utilitarianism’ (1973). The first is the Integrity Objection, an intervention that has been influential whilst being subject to a wide variety of (...) interpretations. In Chapter Two I give my interpretation of Williams’s Integrity objection; in Chapter Three I discuss one common response to it, and in Chapters Four and Five I give my own defence of utilitarianism against it. In Chapter Six I discuss a second objection: the problem of pre-emption. This problem is also found in Williams, but has received greater attention through the work of other authors in recent years. It suggests that utilitarianism is unable to deal with some of the modern world’s most pressing moral problems, and raises an internal tension between the twin utilitarian aims of making a difference and achieving the best outcomes. In Chapter Seven I discuss a third objection: that utilitarianism is insufficiently egalitarian. I find this claim to be unwarranted, in light of recent social science and philosophy. My responses to Williams’s objections draw upon resources from the socialist tradition – in particular, that tradition’s emphasis on the importance of social connections between individuals. Socialists have often been hostile to utilitarianism, in part for socialist-inflected versions of Williams’s objections. Thus, in responding to these objections I aim to demonstrate that socialist thought contains the means to defuse not only mainstream philosophy’s rejection of utilitarianism but also its own, and thus to re-open the possibilities for a productive engagement between the two traditions. (shrink)

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

I introduce a new formulation of rule consequentialism, defended as an improvement on traditional formulations. My new formulation cleanly avoids what Parfit calls “ideal world” objections. I suggest that those objections arise because traditional formulations incorporate counterfactual comparisons about how things could go differently. My new formulation eliminates those counterfactual comparisons. Part of the interest of the new formulation is as a model of how to reformulate structurally similar views, including various kinds of contractualism.

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (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)

You and I lead different lives. While we share a society and a world, our existence is separate from one another. You and I matter individually, by ourselves. My dissertation is about this simple thought. I argue that this simple insight, the separateness of persons, tells us something fundamental about morality. My dissertation seeks to answer how the separateness of persons matters. I develop a precise view of the demands of the separateness of persons. The separateness of persons imposes both (...) a requirement on the justification of first-order moral principles as well as a requirement on the content of first-order moral principles. In specifying these demands, I argue that respecting the separateness of persons requires taking into consideration each person’s point of view separately. This requires taking into account the moral relations in which individuals stand to one another. I make use of this relational understanding of the separateness of persons to advance various debates in moral and political philosophy. I argue for a framework to assess to which extent the veil of ignorance can be reconciled with the separateness of persons. I also argue for a new view on the ethics of risk which is a form of contractualism that discounts risks only by their objective risk. Furthermore, I argue for a new solution to the problem of aggregation that is skeptical of aggregation and can set plausible limits to aggregation. Lastly, I provide a new relational agent-based justification for deontological constraints. In addition to answering how the separateness of persons matters, I defend the separateness of persons against challenges. Most importantly, I argue that the importance of the separateness of persons is not undermined even if we believe that our personal identity, i.e. whether we persist as the same person, is unimportant. (shrink)

This contribution investigates whether Hegel’s critique of social contract theory is still applicable to contemporary contract theory proposed by, e. g., Rawls and Nozick. At first sight, they seem to have overcome the problems identified by Hegel because Rawls and Nozick appropriate the social contract as something essentially rational and normative. I argue, however, that for Hegel, their appeal to rational argumentation is not compatible with the concreteness of human individuals. A revised reading of the master/ bondsman-relation, emphasizing the role (...) of the “fear of death”, shows the limited scope of contemporary contract theory. (shrink)

This essay begins by describing T.M. Scanlon’s contractualism according to which an action is right when it is authorised by the moral principles no one could reasonably reject. This view has argued to have implausible consequences with regards to how different-sized groups, non-human animals, and cognitively limited human beings should be treated. It has also been accused of being theoretically redundant and unable to vindicate the so-called deontic distinctions. I then distinguish between the general contractualist framework and Scanlon’s version of (...) contractualism. I explain how the general framework enables us to formulate many other versions of contractualism some of which can already be found in the literature. Understanding contractualism in this new way enables us both to understand the structural similarities and differences between different versions of contractualism and also to see the different objections to contractualism as internal debates about which version of contractualism is correct. (shrink)

We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the theorems are (...) also consistent with the rejection of all of the expected utility axioms, completeness, continuity, and independence, at both the individual and social levels. In that sense, expected utility is inessential to Harsanyi-style utilitarianism. In fact, the variable population theorem imposes only a mild constraint on the individual preorder, while the constant population theorem imposes no constraint at all. We then derive further results under the assumption of our basic axioms. First, the individual preorder satisfies the main expected utility axiom of strong independence if and only if the social preorder has a vector-valued expected total utility representation, covering Harsanyi’s utilitarian theorem as a special case. Second, stronger utilitarian-friendly assumptions, like Pareto or strong separability, are essentially equivalent to strong independence. Third, if the individual preorder satisfies a ‘local expected utility’ condition popular in non-expected utility theory, then the social preorder has a ‘local expected total utility’ representation. Fourth, a wide range of non-expected utility theories nevertheless lead to social preorders of outcomes that have been seen as canonically egalitarian, such as rank-dependent social preorders. Although our aggregation theorems are stated under conditions of risk, they are valid in more general frameworks for representing uncertainty or ambiguity. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, it becomes (...) clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

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)

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)

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)

This thesis defends John Rawls’s constructivist theory of justice against three distinct challenges. -/- Part one addresses G. A. Cohen’s claim that Rawls’s constructivism is committed to a mistaken thesis about the relationship between facts and principles. It argues that Rawls’s constructivist procedure embodies substantial moral commitments, and offers an intra-normative reduction rather than a metaethical account. Rawls’s claims about the role of facts in moral theorizing in A Theory of Justice should be interpreted as suggesting that some of our (...) moral beliefs, which we are inclined to hold without reference to facts, are, in fact, true, because certain facts obtain. This thesis and the acknowledgement of the moral assumptions of Rawls’s constructivism help to show that Rawls does not, and does not need to, deny Cohen’s thesis. -/- Part two defends the characterization of the decision problem in Rawls’s original position as a decision problem under uncertainty. Rawls stipulates that the denizens of the original position lack information that they could use to arrive at estimates of the likelihood of ending up in any given social position. It has been argued that Rawls does not have good grounds for this stipulation. I argue that given the nature of the value function we should attribute to the denizens of the original position and our cognitive limitations, which also apply to the denizens of the original position, their decision problem can be characterized as one under uncertainty even if we stipulate that they know that they have an equal chance of being in any individual’s place. -/- Part three assesses the claim that a true commitment to Rawls’s difference principle requires a further commitment to an egalitarian ethos. This egalitarian ethos is offered as a means to bring about equality and Pareto-optimality. Accordingly, I try to undermine the case for an egalitarian ethos by challenging the desirability of the ends it is supposed to further or by showing that it is redundant. I argue that if primary goods are the metric of justice, then Pareto optimality in the space of the metric of justice is undesirable. I then argue that if the metric of justice is welfare, depending on the theory of welfare we adopt, an egalitarian ethos will either be redundant or will have objectionably paternalistic consequences. (shrink)

In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first argue that (...) the way in which a contractarian model is labeled is determined by its conception of practical reason. Then I show that Rawls and Kantian contractarians assume different conceptions of practical reason, and therefore should be seen as belonging to two strands of thought. I further argue that, although Rawls acknowledges his intellectual affiliation with Kant, he cannot be considered a Kantian contractarian in the commonly understood way. In his Lectures on the History of Moral Philosophy, Rawls interprets Kant as endorsing a hybrid contractarian model that is similar to his. By understanding Rawls as a hybrid contractarian and not confusing his philosophical project with that of Kantian contractarians, Rawls’s contribution to the history of contractarianism can be better evaluated. (shrink)

In this article I pose a challenge for attempts to ground all reasons in considerations of value. Some believe that all reasons for action are grounded in considerations of value. Some also believe that there are agent-relative restrictions, which provide us with agent-relative reasons against bringing about the best state of affairs, on an impartial ranking of states of affairs. Some would like to hold both of these beliefs. That is, they would like to hold that such agent-relative restrictions are (...) compatible with a teleological theory, one that grounds all reasons for action in considerations of value. This is what I will argue is problematic. I will argue that agent-centered restrictions will not fit into a teleological theory. If the correct moral theory is a teleological one, then there are no agent-relative restrictions. If there are agent-relative restrictions, then teleology is false. My argument challenges a particular project, of showing that all ethical theories are broadly consequentialist. The attraction of this project is that it promises to preserve what is thought to be compelling about consequentialism—its teleology and maximizing—while also preserving elements of commonsense morality—such as agent-relative restrictions—that have typically been thought of as distinctly non-consequentialist in nature. If my argument is correct, then this promise cannot be fulfilled. (shrink)

Ethical non-naturalists often charge that their naturalist competitors cannot adequately explain the distinctive normativity of moral or more broadly practical concepts. I argue that the force of the charge is mitigated, because non-naturalism is ultimately committed to a kind of mysterianism about the metaphysics of practical norms that possesses limited explanatory power. I then show that focusing on comparative judgments about the explanatory power of various metaethical theories raises additional problems for the non-naturalist, and suggest grounds for optimism that a (...) naturalistic realist about practical normativity will ultimately be able to explain the distinctive normativity of practical norms. I then show that radical pluralism or particularism about the structure of normative ethics would complicate the naturalistic strategy that I defend. This suggests a perhaps surprising way in which the resolution of the debate between ethical naturalists and non-naturalists may rest in part on the answers to substantive normative questions. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...) of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)

Norman Daniels’s theory of ‘accountability for reasonableness’ is an influential conception of fairness in healthcare resource allocation. Although it is widely thought that this theory provides a consistent extension of John Rawls’s general conception of justice, this paper shows that accountability for reasonableness has important points of contact with both utilitarianism and intuitionism, the main targets of Rawls’s argument. My aim is to demonstrate that its overlap with utilitarianism and intuitionism leaves accountability for reasonableness open to damaging critiques. The important (...) role that utilitarian-like cost-effectiveness calculations are allowed to play in resource allocation processes disregards the separateness of persons and is seriously unfair towards individuals whose interests are sacrificed for the sake of groups. Furthermore, the function played by intuitions in settling frequent value conflicts opens the door for sheer custom and vested interests to steer decision-making. (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)

Ethical non-naturalists often charge that their naturalist competitors cannot adequately explain the distinctive normativity of moral or more broadly practical concepts. I argue that the force of the charge is mitigated, because non-naturalism is ultimately committed to a kind of mysterianism about the metaphysics of practical norms that possesses limited explanatory power. I then show that focusing on comparative judgments about the explanatory power of various metaethical theories raises additional problems for the non-naturalist, and suggest grounds for optimism that a (...) naturalistic realist about practical normativity will ultimately be able to explain the distinctive normativity of practical norms. I then show that radical pluralism or particularism about the structure of normative ethics would complicate the naturalistic strategy that I defend. This suggests a perhaps surprising way in which the resolution of the debate between ethical naturalists and non-naturalists may rest in part on the answers to substantive normative questions. (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.

In their strife for designing a moral system where everyone is given equal consideration, cosmopolitan theorists have merely tolerated partiality as a necessary evil (insofar it means that we give priority to our kin opposite the distant needy). As a result, the cosmopolitan ideal has long departed from our moral psychologies and our social realities. Here I put forward partial cosmopolitanism as an alternative to save that obstacle. Instead of demanding impartial universal action, it requires from us that we are (...) equally responsive in all the relationships we stand in. That goes from the local to the cosmopolitan sphere, since I defend that we are related with strangers as co-members of the global community. Thus, partiality not only is accommodated by cosmopolitanism, but actually supports it: only by having meaningful personal relationships we become able to care for distant strangers. (shrink)

John Rawls’s 1980 Dewey Lectures are widely acknowledged to represent the locus classicus for contemporary discussions of moral constructivism. Nevertheless, few published works have engaged with the significant interpretive challenges one finds in these lectures, and those that have fail to offer a satisfactory reading of the view that Rawls presents there or the place the lectures occupy in the development of Rawls's thinking. Indeed, there is a surprising lack of consensus about how best to interpret the constructivism of these (...) lectures. In this paper, I argue that the constructivism presented in the Dewey Lectures is best understood as involving the view that moral truth is correspondence with procedurally-determined, stance-dependent facts. Employing Rawls’s discussion of rational intuitionism as a foil, I defend this reading against textual discrepancies from within the lectures, as well as those one finds across Rawls’s other works. In addition to settling interpretive disputes, I draw out the ways in which this understanding of Kantian constructivism fits within the broader comparative project in ‘moral theory’ that Rawls inherits from Sidgwick. (shrink)

My goal in this paper is to shed light on how moral progress actually occurs. I begin by restating a conception of moral progress that I set out in previous work, the “Naïve Conception,” and explain how it comports with various normative and metaethical views. I go on to develop an index of moral progress and show how judgments about moral progress can be made. I then discuss an example of moral progress from the past—the British abolition of the Atlantic (...) slave trade—with a view to what can be learned from this for a contemporary struggle for moral progress: the movement to decarbonize the global economy. I close with some thoughts about how moral progress actually occurs. (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.

The article is a plea for ethicists to regard probability as one of their most important concerns. It outlines a series of topics of central importance in ethical theory in which probability is implicated, often in a surprisingly deep way, and lists a number of open problems. Topics covered include: interpretations of probability in ethical contexts; the evaluative and normative significance of risk or uncertainty; uses and abuses of expected utility theory; veils of ignorance; Harsanyi’s aggregation theorem; population size problems; (...) equality; fairness; giving priority to the worse off; continuity; incommensurability; nonexpected utility theory; evaluative measurement; aggregation; causal and evidential decision theory; act consequentialism; rule consequentialism; and deontology. (shrink)

For a long time many philosophers felt the incoherence objection was a decisive objection to rule-consequentialism, but that position has recently become less secure, because Brad Hooker has offered a clever new way for rule-consequentialists to avoid the incoherence objection. Hooker’s response defeats traditional forms of the incoherence objection, but this paper argues that another version of the problem remains. Several possible solutions fail. One other does not, but it introduces other problems into the theory. I conclude that the new (...) incoherence objection still poses a major challenge to rule-consequentialism, though not for the reasons usually assumed. It does not constitute a fatal objection to rule-consequentialism but instead highlights a theoretical drawback in the theory which must be taken into account during a more holistic evaluation of rule-consequentialism and its rivals. (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)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (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)

I take issue with an argument to the effect that because contractualism proves--both practically and theoretically--the philosophically superior moral theory, we have the result that nonhuman animals can have no, nor ought be extended any, moral standing. The combined argument belongs to Peter Carruthers, and appears in his The Animals Issue. My response involves demonstration that on careful analysis contractualism fares even less well than the two theories against which Carruthers compares it--rights and utilitarian. Furthermore, I offer a sketch of (...) a theory which does not fall for reliance on a singularly problematic premise--a premise which plays pivotally in traditional contractualist, rights and utilitarian accounts. The upshot is that this "alternative rights theory" fares best in reflective equilibrium analysis as against not only those theories Carruthers decries, but contractualism as well. We are, it appears, drawn back to the nagging question of whether and how things nonhuman may matter morally. For, Carruthers conclusion is disallowed. That the alternative rights theory offers novel yet satisfactory means by which to account for moral motivation and knowledge, as well as differences in moral respect due morally relevant beings, is explored. That the theory avoids the troublesome pitfalls of intuitionism and supervenience further secures its frontrunning position--which, again, begins to indicate that and how more than solely humans are of moral relevance. (shrink)

In this article I articulate two pairs of theses about the relationship between the right and the good and I sketch an account of morality that systematically vindicates all four theses, despite a nearly universal consensus that they are not all true. In the first half I elucidate and motivate the theses and explain why leading ethical theorists maintain that at least one of them is false; in the second half I present the outlines of an account of the relationship (...) between the right and the good satisfying all four theses. (shrink)

This paper analyses the role of traditional moral theories in managers’ moral decision making using the multidimensional ethics scale (MES) developed and refined by Reidenbach and Robin (1988, 1990). This study extends their work by examining the applicability of the scale to subjects from India, other than the country in which the scale was developed. The research question is: what kind of ethical dimensions do Indian managers reveal when they are making moral decisions. Factor analysis is done to investigate the (...) role of five moral philosophies (justice, deontology, relativism, utilitarianism, and egoism) in their ethical decision-making. The results show that the scale holds for the different sample. A broad-based moral equity dimension consisting of items from justice, relativism, contractualism, and utilitarianism emerged. However, an additional egoism construct emerged in the current as an important factor. (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)

It is often thought that some version of what is generally called the publicity condition is a reasonable requirement to impose on moral theories. In this article, after formulating and distinguishing three versions of the publicity condition, I argue that the arguments typically used to defend them are unsuccessful and, moreover, that even in its most plausible version, the publicity condition ought to be rejected as both question-begging and unreasonably demanding.

The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements stemming (...) from conventions are “tacit” in the sense that they are implicated by what agents do (or forbear from doing) and without that any communication between them is necessary. To justify this conclusion, we assume that: (1) there is a salient interpretation, in some contexts, of everyone’s silence as confirmatory of the others’ expectations (an epistemic assumption), and (2) the participating agents share a value of not being motivated by hostile attitudes (a motivational assumption). By clarifying the relation between conventions and agreements, the peculiar normativity of conventions is analyzed. (shrink)

This paper presents a comparative evaluation of constructivist and error theoretic accounts of moral claims. It is argued that constructivism has distinct advantages over error theory.

In his book What We Owe to Each Other, Thomas Scanlon proposes what he calls a ‘contractualist’ explanation of what he describes as ‘a central part of the territory called morality’, i.e. our duties to other rational creatures. If Scanlon is right, the fact that another creature is rational generates a particular kind of moral constraint on how we may act towards it: one should ‘treat rational creatures only in ways that would be allowed by principles that they could not (...) reasonably reject insofar as they too were seeking principles of mutual governance which other rational creatures could not reasonably reject’. This is then used to explain what makes actions right, at least within his central moral area. Such actions will be right because they are permitted by principles that cannot reasonably be rejected. In this essay, I question both whether Scanlon succeeds in identifying a proper part of the moral terrain as a subject for his account and also what, if any, is the contractualist content of that account. I argue that he equivocates between two distinct and incompatible conceptions of the justifiability of principles. According to the first, justifiability is a relation between principles and people, whilst according to the second, for a principle to be justifiable is for it to be justified. For his explanation of morality to have any contractualist force, justifiability needs to be understood as a relation, but for that explanation to have any plausibility, justifiability must be understood nonrelationally. Because of this, the account is unstable and fails to describe any part of the moral landscape. (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)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...) reconstruct the role of its conception of public justification, its implied contextualism about justified belief, its conceptions of toleration, neutrality, good reasons, and legitimacy, and, not least, its justification-constitutive conception of reasonableness.) Contrary to what is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

Recent work in English speaking moral philosophy has seen the rise to prominence of the idea of a normative reason1. By ‘normative reasons’ I mean the reasons agents appeal to in making rational claims on each other. Normative reasons are good reasons on which agents ought to act, even if they are not actually motivated accordingly2. To this extent, normative reasons are distinguishable from the motivating reasons agents appeal to in reason explanations. Even agents who fail to act on their (...) normative reasons can be said to act on reasons insofar as their actions are rationally intelligible. Thus, when it is said that agents may never use violence in self-defence, this is naturally interpreted to mean that there are powerful normative reasons not to use violence even in selfdefence, even though some agents would use violence in selfdefence. Normative reasons are reasons to pursue ends, where by ends I mean a subset of objects of possible desire, such as taking a stroll or giving all your money to charity. The set of objects of possible desire might include items that are not straightforwardly ends of action. For example, you might want the world to be a better place, or want a secure basis in knowledge of relevant facts to be assigned the highest priority in the assessment of people’s preferences. Objects of possible desire are a subset of objects of possible response, where by ‘response’ I mean the whole range of prepositional attitudes, including desires, preferences, beliefs, commitments and so on. I use the term ‘option’ to refer to objects of possible response in this wider sense. Recent philosophical claims about the grounds of normative reasons can be divided into two strands. Each strand takes as its starting point what is perceived to be a fundamental constraint embodied in normative reason attributions.. (shrink)

It is often debated whether what we ought, politically, to do is determined by standards that are independent of any actual political process or whether, by contrast, judgments reached in actual democratic processes have constitutive importance in determining what we should do. This paper argues that this is not an exclusive disjunction and that, consistently with there being independent standards, constitutively authoritative judgments can enter into the truth-conditions pertaining to claims about what we ought, politically, to do. The crucial objection (...) to constitutive judgment is that it involves an unacceptable form of bootstrapping, according to which reasons arise out of nothing. To circumvent this objection, the paper deploys John Broome's notion of a wide-scope 'normative requirement'. Normative requirements affect what ought to be done without altering the balance of reasons and defuse the bootstrapping objection by blocking the derivation of all-things-considered conclusions. To show that politics involves constitutive authority of this kind, the paper defends two illustrative normative requirements applicable to the political process that give constitutive roles to political judgments of various kinds. Throughout, the discussion is enlivened by comparisons to the judgments of a baseball umpire, which have been illuminatingly discussed by Robert Brandom. (shrink)