Theories of deliberative democracy maintain that outcomes of democratic deliberation are fairer than outcomes of mere aggregation of preferences. Theorists of impartial justice, especially Rawls and Sen, emphasize the role of deliberative processes for making just decisions. Democratic deliberation seems therefore to provide a model of impartial decision-making applicable in the real world. However, various types of cognitive and affective biases limit individual capacity to see things from others’ perspectives. In this paper, two strategies of enhancing impartiality in real world (...) decision-making are discussed. The first involves decision-making processes which detach decision-makers from their particular interests, whereas the second aims to enhance the quality of democratic deliberation and empathetic reasoning. We conclude that new forms of democratic deliberation may be necessary if we hold on to the aspiration of making decisions which are both democratic and impartial. (shrink)

The arc of the moral universe -- Structure, choice, and legitimacy: Locke's theory of the state -- Democratic equality -- A more democratic liberalism -- For a democratic society -- Knowledge, morality and hope: the social thought of Noam Chomsky: with Joel Rogers -- Reflections on Habermas on democracy -- A matter of demolition?: Susan Okin on justice and gender -- Minimalism about human rights: the most we can hope for? -- Is there a human right to democracy? -- Extra (...) republicam nulla justitia?: with Charles Sabel. (shrink)

Are there good grounds for thinking that the moral values of action are to be derived from those of character? This virtue ethical claim is sometimes thought of as a kind of normative ethical theory; sometimes as form of opposition to any such theory. However, the best case to be made for it supports neither of these claims. Rather, it leads us to a distinctive view in moral epistemology: the view that my warrant for a particular moral judgement derives from (...) my warrant for believing that I am a good moral judge. This view seems to confront a regress-problem. For the belief that I am a good moral judge is itself a particular moral judgement. So it seems that, on this view, I need to derive my warrant for believing that I am a good moral judge from my warrant for believing that I am a good judge of moral judges; and so on. I show how this worry can be met, and trace the implications of the resulting view for warranted moral judgement. (shrink)

This paper argues that it is morally wrong for the affluent not to contribute money or time to famine relief. It begins by endorsing an important methodological line of objection against the most prominent philosophical advocate of this claim, Peter Singer. This objection attacks his strategy of invoking a principle the acceptability of which is apparently based upon its conformity with "intuitive" moral judgements in order to defend a strongly counterintuitive conclusion. However, what follows is an argument for that counterintuitive (...) conclusion which claims to circumvent the methodological objection, and moreover without having to resort to a justificational ethical theory. How can this be done? Merely by appealing, it is maintained, to the simple practical considerations which are characteristic of the virtues of kindness and justice. Accordingly, an account of those virtues, outlining the structure of the practical reasoning of their possessors, occupies a central place in the argument. The paper displays the resources for normative argument of a "virtue ethics;" but it claims also that its conclusion cannot be escaped by the adherents of any plausible moral outlook. And this yields a further conclusion. All moral outlooks, and not only those which equate the moral point of view with the impartial point of view, face a "problem of demandingness" - for it seems to be a corollary of the argument that if one is to be living a life which is not immoral, one is precluded from pursuing practically any source of personal satisfaction. (shrink)

A philosopher who asks “Why be moral?” is asking a theoretical question about the force of moral reasons or about the normative status of morality. Two questions need to be distinguished. First, assuming that there is a morally preferred way to live or to be, is there any (further) reason to be this way or to act this way? Second, if moral considerations are a source of reasons, why is this, and what is the significance of these reasons? This question (...) asks for a ‘grounding’ of morality. The paper mainly addresses the second of these questions. After briefly discussing H.A. Prichard's views, I I consider attempts to answer the question by ‘reducing’ morality to practical reason and I consider T.M. Scanlon’s approach. I conclude by offering my own account. (shrink)

A person who sees that she morally ought to do something might wonder whether it would make sense for her to do it. Perhaps Aurelia is on a crowded bus, standing next to an old man whose wallet is almost falling out of his pocket. She says, “I see that the morally right thing would be to warn this man to take care of his wallet. But why should I do the right thing? In fact, why shouldn't I steal his (...) wallet? It would be wrong of me to do this, but so what? No one is looking. I won't get caught. What's to fear?“We can imagine different scenarios of this kind. In one scenario, Aurelia is on the verge of deciding to steal the old man's wallet. She believes it would be wrong to do this, and she is asking whether there is any reason not to go ahead. (shrink)

Revisionist interpretation of Mill needs to be extended to deal with a residue of puzzles about his moral theory and its connection with his theory of liberty. The upshot shows his reinterpretation of his Benthamite tradition as a form of ‘philosophical utilitarianism’; his definition of the art of morality as collective self-defence; his ignoring of maximization in favour of ad hoc dealing in utilities; the central role of his account of the justice of punishment; the marginal role of the internal (...) sanction in his criterion of moral wrong; his deep respect for common-sense morality; and his restriction of the scope of morality so as to claim for the utilitarian tradition the whole realm of the aesthetics of conduct as part of a general theory of practical reason. (shrink)

Adult persons normally are taken as prima facie authorities regarding their own avowed interests, so that an accusation of self-deception with respect to such interests troubles our default presumptions. Furthermore, the difficulty, in practice, of knowing when such accusations are warranted presents a peculiar obstacle to moral justification, inasmuch as knowing how the interests of various persons really are likely to be affected by some act or norm is an accepted preliminary to moral justification across a wide range of theoretical (...) approaches and is, in some cases—such as in contractualist accounts—decisive. I argue that a careful examination of the pragmatics of coherent allegations of self-deception shows them to rely on a form of ‘proleptic’ argument, and that the truth- or validity-conditions for such utterances lie in the transformative appropriation of the one so accused. (shrink)

This paper explores the moral and legal status of the right to strike from a contractualist perspective, broadly construed. I argue that rather than attempting to ground the right to strike in the principle of association, as is commonly done in the ongoing legal debate, it ought to be understood as the assertion of a second-order moral right to self-determination within economic life. The controversy surrounding the right to strike thus reflects and depends upon a more basic question of the (...) legitimate scope of reason giving. I conclude that the right to strike, understood as an assertion of a right to self-determination, enjoys presumptive or pro tanto legitimacy apart from the merits or demerits of particular strike demands. (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.

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)

An experimental survey was undertakento explore the links between thecharacteristics of a moral issue, the degree ofmoral intensity/moral imperative associatedwith the issue, and people'sstated willingness to pay for policy toaddress the issue. Two farm animal welfareissues were chosen for comparison and thecontingent valuation method was used to elicitpeople's wtp. The findings of the surveysuggest that increases in moral characteristicsdo appear to result in an increase in moralintensity and the degree of moral imperativeassociated with an issue. Moreover, there was apositive link (...) between moral intensity/moralimperative associated with an issue andpeople's stated wtp for policy to address theissue. The paper discusses the relevance of thefindings of the survey in the context of thedebate concerning the relationship betweenmoral and economic values and the use of thecontingent valuation method to estimatepeople's wtp of policy options with moraldimensions. (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)

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.

The paper argues that promise rights presuppose independently existing (if not pre-existing) claims. The argument relies on the Bifurcation Thesis, according to which all claims, and all rights, can be exhaustively divided into two categories: capacity based and exercise based.

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

So-called evolutionary error theorists, such as Michael Ruse and Richard Joyce, have argued that naturalistic accounts of the moral sentiments lead us to adopt an error theory approach to morality. Roughly, the argument is that an appreciation of the etiology of those sentiments undermines any reason to think that they track moral truth and, furthermore, undermines any reason to think that moral truth actually exists. I argue that this approach offers us a false dichotomy between error theory and some form (...) of moral realism. While accepting the presuppositions of the evolutionary error theorist, I argue that contract-based approaches to morality can be sensitive to those presuppositions while still vindicating morality. Invoking Stephen Darwall’s distinction between contractualism and contractarianism, I go on to offer an evolutionary-based contractarianism. (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)

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)

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)

The question “Why be moral?” is open to at least three extremely different interpretations. One way to distinguish these interpretations is by picturing the question as being asked by, respectively, Allan, who is going to act immorally unless he can be convinced to act otherwise, Beth, who is perfectly happy to do what is morally required on a certain occasion but who wants to know what is it about the act that makes it morally required, and Charles, who is trying (...) to understand why rational people act morally. An answer to the question as understood by Allan is, for some, the holy grail of moral philosophy, and it is also perhaps the default understanding of the question. The question as asked by Beth is what David Copp, in his contribution to this volume, calls the “why-think-morality-requires-this” question. The question as asked by Charles can be called the “what-rationally-justifies-moral-behaviour” question. Charles’ question, importantly, is about rationalpermissibility,and it is most pointed when moral behaviour requires sacrifice. (shrink)

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...) moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (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)

In this paper I argue that any adequate evolutionary ethical theory needs to account for moral belief as well as for dispositions to behave altruistically. It also needs to be clear whether it is offering us an account of the motivating reasons behind human behaviour or whether it is giving justifying reasons for a particular set of behaviours or, if both, to distinguish them clearly. I also argue that, unless there are some objective moral truths, the evolutionary ethicist cannot offer (...) justifying reasons for a set of behaviours. I use these points to refute Waller's claims that the illusion of objectivity plays a dispensable role in Ruse's theory, that my critique of Ruse's Darwinian metaethics is built on a false dilemma, that there is nothing to be distressed about if morality is not objective, and that ethical beliefs are subject to a kind of causal explanation that undermines their objectivity in a way that scientific beliefs are not. (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)

This paper argues that the categorical authority of love’s imperatives is derived from a sentimental contract. The problem is defined and the paper argues against two recent attempts to explain the authority of love’s demands by Velleman and Frankfurt. An argument is then set out in which it is shown that a constructivist approach to the problem explains the sources of love’s justifications. The paper distinguishes between the moral and the romantic case but argues that the sources of authority are (...) paralleled in each. The paper ends by asking what we are to say when the demands of morality and the demands of love conflict. (shrink)

Some ideas expressed in the collective monograph Universality in Morality (2020), edited by Ruben Apressyan, are here critically examined. The book is based on the results of a large-scale study by professional ethical philosophers devoted to the question of the nature of universality in morality and the mechanisms of universalisation of individual maxims and norms from antiquity to modern ethical theories, represented above all by the analytical tradition in philosophy. Of great interest is the analysis of related phenomena in morality, (...) which makes it possible to determine the causes and nature of the transformation of morality in different eras and the accompanying change in the terminological apparatus of absolute ethical universalism, considered to be the starting point in the analysis of key modern concepts of moral universality. The article also suggests possible avenues for continued research in this area which could prompt modifications not only to the history of the concept of universality in morality, but also to our assessment of the contribution of individual authors and entire eras to the progress of human civilisation. This concerns above all the moral theory of contractarianism and the Enlightenment. Focus on their ideas goes a long way to determining the direction of current historical-philosophical research that reconstructs the history of ethical teachings and individual concepts. The importance attached today to a new view of the theory of the social contract, considered not only from socio-political but also from moral positions, forces us to approach in a new way the question concerning the universality of the key philosophical categories developed within this theory throughout its history. Elaborating the ideas set forth in the monograph, the author also stresses the relevance of the problem of justifying the thesis about the moral law as an analogue of the universal law of nature in the modern context. (shrink)

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)

Objective moral facts are supposed to be independent from us, but it has proven difficult to provide a clear account of this independence condition. Objective moral facts cannot be overly independent of us, as even an objective morality would depend, in important respects, on features of us. The challenge is to respect these moral mind-dependencies without inappropriately counting too many moral facts as objective. In this paper, I delineate and evaluate several different versions of the independence condition in moral objectivity. (...) I raise problems for these ways of formulating moral objectivity and then develop a better account of moral objectivity, one that avoids the pitfalls of other proposals. (shrink)

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

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (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)

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)

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)

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)

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.

In this article, I argue for a distinct and novel right-based account of risks and I call it the Sophisticated High-risk Thesis. I argue that there is a distinction between rights-infringing risk impositions and no-rights-infringing risk impositions. An action imposing a high risk of harm infringes rights, whereas an act imposing a low risk of harm does not. I also suggest three principles that govern the permissibility of highly risky actions. If a highly risky action meets the conditions specified by (...) any of these three principles, it can be justified. These principles are the consent principle*, the prevent disaster principle* and the reciprocity principle**. I show that the Sophisticated High-risk Thesis is, in general, better than the alternative Risk Thesis defended by McCarthy. (shrink)

Shareholders of corporations have their liability for actions of the corporation limited by law. Unlike the equity holder in a partnership or proprietorship, the assets that a shareholder has distinct from her holdings in the enterprise can not be taken to satisfy liabilities arising from actions of the enterprise itself. This paper argues that a reasonable principle of fairness argues for an alternative to limited liability, proportional liability. Proportional liability makes a shareholder liable for the same proportion of a corporation''s (...) excess of liabilities over assets that her number of shares bears to the total number of shares outstanding. The key idea is that it is unfair in situations in which explicit agreements can not be reached for shareholders to bear only limited risk when they may receive gains from stock dividends and appreciation that are not limited to any pre-determined amount. Proportional liability has not been much examined in the financial literature. Good utilitarian arguments have been given for limited liability over unlimited liability for corporate shareholders, but these arguments do not clearly support the choice of limited liability over proportional liability. (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)

What does the law demand when it requirescitizens to conform to standards ofreasonableness? I propose and defend theview that the law should demand thatcitizens conform their behavior to someactual conduct in society. I contrast thisidea against what might be called the``empty vessel'' view of reasonableness,where the standard is understood tofunction like an empty vessel in the law,allowing courts to use various norms andmoral judgments to determine what seemsreasonable in the circumstances. Theempty vessel account is the more commonapproach for understanding reasonableness,but (...) it leaves obscure whether and howassessments about appropriate conductconnect with facts about citizens' actualconduct. I argue for a ``binocular'' viewthat focuses our attention on actualpractices and thereby establishes howthese standards provide a stable guide toconduct and support the rule of law. (shrink)

O presente texto apresenta a seguinte estrutura. Na primeira parte, resumirei algumas das críticas à concepção de sujeito em John Rawls; na segunda parte, examinarei um texto de Rawls de 1963, intitulado “O senso de justiça”, e procuro mostrar, com base nesse texto, que não se pode afirmar que o ser moral rawlsiano é destituído de carne, sangue ou vida, como sugeriram alguns críticos, na esteira das críticas de Hegel a Kant; em terceiro lugar, examinarei trechos de TJ que lidam, (...) direta ou indiretamente, com o conceito de sujeito; finalmente, examinarei textos de Rawls publicados após TJ que possam ser relevantes para o presente tópico. (shrink)

The author takes up three metaphysical conceptions of morality — realism, projectivism, constructivism — and the account of justification or reason that makes these pictures possible. It is argued that the right meta-ethical conception should be the one that entails the most plausible conception of reason-giving, rather than by any other consideration. Realism and projectivism, when understood in ways consistent with their fundamental commitments, generate unsatisfactory models of justification; constructivism alone does not. The author also argues for a particular interpretation (...) of how “objective moral obligation” is to be understood within constructivism. (shrink)

Many among philosophers and non-philosophers would claim that well-being is important in moral theory because it is important to the individual whose well-being it is. The exact meaning of this claim, however, is in need of clarification. Having provided that, I will present a charge against it. This charge can be found in the recent work of both Joseph Raz and Thomas Scanlon. According to the latter the concept of well-being plays an unimportant role in an agent’s deliberation. As I (...) will show, to claim this much is to undermine our initial claim; and to do that is to undermine some of the most central theories in normative ethics. I will focus on Scanlon’s discussion in particular because it affords us with two criteria for the assessment of the importance for a person of a value-concept such as well-being. I will claim that much of Scanlon’s case rests on the idea that well-being is an inclusive good, a good constituted by other things that are good in and for themselves. Then, I will put forward a case against Scanlon’s challenge by showing that inclusiveness, when properly understood, does not lead to the conclusion Scanlon is led to and showing that on at least the reading Scanlon prefers, his criteria are inappropriate. (shrink)