An increasingly popular view in the literature on rationality attempts to vindicate the strong normativity of rationality by giving a unifying account of rational requirements and what one ought to do in terms of reasons that fall within one’s perspective. In this paper, I pose a dilemma for such a view: one’s rationality is determined by a narrower set of reasons, such as the set of reasons that one is attending to, whereas what one ought to do is determined by (...) a broader set of reasons that comprises reasons one is not attending to. Thus, no single set of reasons can play the dual role of determining what one is rationally required to do and determining what one ought to do: either it is too broad to determine what one is rationally required to do or it is too narrow to determine what one ought to do. [*published with open access]. (shrink)

In this paper, I offer a novel view of the coherence (or structural) requirements on belief and intention, according to which they are not norms, but rather principles describing how your belief and intention operate. I first argue, on the basis of the unintelligibility of some relevant attitudes-reports, that there are conditions under which you simply do not count as believing or intending unless your beliefs and intentions satisfy the requirements: the conditions under which all of your relevant attitudes are (...) occurrent or activated. I then argue that you are subject to a coherence requirement only if your relevant attitudes are all activated, for you are not necessarily subject to the charge of irrationality in violating a coherence requirement when your attitudes are not all activated. If so, however, you satisfy the coherence requirements whenever you are subject to them, which makes it plausible that the “requirements” should be seen as descriptive principles about belief and intention. [*published with open access]. (shrink)

This paper examines the Adventures of Huckleberry Finn in the light of the early Confucian thinker Mencius, arguing in essence that Mencian theories of moral development and self-cultivation can help us to recover the moral significance of Twain's novel. Although 'ethical criticisms' of Huckleberry Finn share a long history, I argue that most interpretations have failed to appreciate the moral significance of Jim, either by focusing on the moral arc of Huck in isolation or by casting Jim in one-dimensional terms (...) simply as a symbol or example of human dignity. By invoking the Mencian ideas of 'moral power' ( de ), human goodness, and the virtues of sympathy and humaneness, this study attempts to bring into relief the many ways that Jim, particularly in his role as an exemplar, functions as an active force in the moral life of Huck. It is hoped that this revised Mencian reading of Huckleberry Finn can restore the moral center of the novel and contribute to the growing discussion on the virtues in moral education. (shrink)

On an increasingly popular view of rationality, rationality is fundamentally about responding correctly to reasons and there is no independent rational requirement to avoid incoherence: having an incoherent combination of attitudes is irrational not because there is a fundamental requirement of rationality that prohibits it, but rather because you are guaranteed to fail to respond correctly to reasons in having it. This paper argues that any such attempt to explain the irrationality of incoherence in terms of responsiveness to reasons fails. (...) For there is something distinctively irrational about incoherence that is not explained in terms of the guaranteed failure to respond to reasons. Any adequate account of the nature of coherence requirements on belief and intention should take into account the distinctive kind of commitments involved in each type of attitude. (*published with open access). (shrink)

Recent years have seen the rise of fittingness-first views, which take fittingness to be the most basic normative feature, in terms of which other normative features can be explained. This paper poses a serious difficulty for the fittingness-first approach by showing that existing fittingness-first accounts cannot plausibly accommodate an important class of reasons: reasons not to believe a proposition. There are two kinds of reasons not to believe a proposition: considerations that are counterevidence; and considerations that count against believing the (...) proposition without indicating that it is false. I will argue that the fittingness- first accounts have trouble accommodating reasons of the latter kind. (*published with open access). (shrink)

It is widely agreed that there is a rational requirement, “Enkrasia”, which requires that you intend what you believe you ought to do. This paper argues that Enkrasia is not an independent requirement of practical rationality: it is a special case of the requirement to be instrumentally rational. I argue for this view of Enkrasia through an analysis of an all‐things‐considered belief about what you ought to do. Believing, all‐thing‐considered, that you ought to φ implies being settled on a set (...) of options from which to take an option. I argue that this state of being settled on a set of options cannot be a matter of believing. Rather, it should be understood as intending that you do what you ought to do out of that set. If an all‐things‐considered belief implies such an intention, however, satisfying Enkrasia is a matter of satisfying the requirement to intend a necessary means to an end that you intend [*published with open access]. (shrink)

This study examines the normative foundations of early Confucian ethics and suggests that rather than attempting to understand Confucian ethics in the language of ‘morality’ a more productive way would be to appreciate Confucianism as an ethics of propriety that can be articulated in terms of social roles, ritual decorum, and relational dependence. I argue that Western notions of ‘morality’ betray a thicker, more culturally loaded concept that possesses a limited utility in regard to comparative study. We can appeal to (...) a kind of methodological charity where we not only maximize the sense of the text or subject's sayings but also privilege the categories of thought that are native to the text's or speaker's lexicon. With this in mind, we can understand Confucian ethics as an ethics of propriety that departs substantially from Western moral systems, including virtue ethics, and challenges our received views on justice, autonomy, and personal identity. (shrink)

This paper examines whether or not children’s continued electoral exclusion is morally defensible. Ultimately; there is a deep tension between the egalitarian presuppositions of democracy and our apparent unwillingness to grant children voting rights. Unless a plausible distinction can be found; then; between adults and children that also tracks the underlying reasons for endorsing democracy in the first place; the continued political disenfranchisement of our youngest citizens is shown for what it is: social injustice. e paper begins by exploring some (...) of the conceptual difficulties that childhood creates in relation to democracy. It then assesses the implications of two very different approaches to democracy for children’s voting rights: proceduralism and a child’s supposed right to an open future. (shrink)

This paper explores how luck egalitarianism fares in capturing our intuitions about the fairness of market-generated outcomes. Critics of luck egalitarianism have argued that it places no restrictions on what outcomes are acceptable, at least when all agents are equally situated before entering the market, and that this gives us a reason to reject it as an account of fairness. I will argue that luck egalitarianism does make specific judgements about which market-generated outcomes are compatible with maintaining a fair distribution. (...) In addition, I will argue that luck egalitarian prescriptions accord with our pre-theoretical intuitions about the (un)fairness of certain market-generated outcomes. Securing these points both speaks in favour of luck egalitarianism as an ethical principle and provides a framework within which to analyze the fairness of practical, real world cases. (shrink)

Consider the following claim: given the choice between saving a life and preventing any number of people from temporarily experiencing a mild headache, you should always save the life. Many moral theorists accept this claim. In doing so, they commit themselves to some form of ‘moral absolutism’: the view that there are some moral considerations that cannot be outweighed by any number of lesser moral considerations. In contexts of certainty, it is clear what moral absolutism requires of you. However, what (...) does it require of you when deciding under risk? What ought you to do when there is a chance that, say, you will not succeed in saving the life? In recent years, various critics have argued that moral absolutism cannot satisfactorily deal with risk and should, therefore, be abandoned. In this paper, we show that moral absolutism can answer its critics by drawing on—of all things—orthodox expected utility theory. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

Various moral theories are essentially welfare-involving in that they appeal to the promotion or the respect of well-being in accounting for the moral rightness of at least some acts. Further, various theories of well-being are essentially morality-involving in that they construe well-being in a way that essentially involves morality in some form or other. It seems that, for any moral theory that is essentially welfare-involving and that relies on a theory of well-being that is essentially morality-involving, a circularity problem may (...) well arise, one where moral rightness will end up being accounted for partly in terms of well-being, which itself is already being accounted for partly in terms of moral rightness. In this paper I will elaborate on this last point. Then I will examine five responses to the circularity problem at issue, and I will argue that one of them appears to be at least slightly better than all of the others. (shrink)

Many prominent ethicists, including Shelly Kagan, John Rawls, and Thomas Scanlon, accept a kind of epistemic modesty thesis concerning our capacity to carry out the project of ethical theorizing. But it is a thesis that has received surprisingly little explicit and focused attention, despite its widespread acceptance. After explaining why the thesis is true, I argue that it has several implications in metaethics, including, especially, implications that should lead us to rethink our understanding of Reductive Realism. In particular, the thesis (...) of epistemic modesty in ethics implies a kind of epistemic modesty about the metaphysical nature of ethics, if Reductive Realism about the metaphysical nature of ethics is true, and it implies that normative concepts are indispensable to practical deliberation in a way that answers an influential objection to Reductive Realism from Jonathan Dancy, David Enoch, William FitzPatrick, and Derek Parfit. (shrink)

The moral enhancement of human beings is a constant theme in the history of humanity. Today, faced with the threats of a new, globalised world, concern over this matter is more pressing. For this reason, the use of biotechnology to make human beings more moral has been considered. However, this approach is dangerous and very controversial. The purpose of this article is to argue that the use of another new technology, AI, would be preferable to achieve this goal. Whilst several (...) proposals have been made on how to use AI for moral enhancement, we present an alternative that we argue to be superior to other proposals that have been developed. (shrink)

The ‘standard interpretation’ of John Taurek’s argument in ‘Should the Numbers Count?’ imputes two theses to him: first, ‘numbers scepticism’, or scepticism about the moral force of an appeal to the mere number of individuals saved in conflict cases; and second, the ‘equal greatest chances’ principle of rescue, which requires that every individual has an equal chance of being rescued. The standard interpretation is criticized here on a number of grounds. First, whilst Taurek clearly believes that equal chances are all-important, (...) he actually argues for a position weaker than the equal greatest chances principle. Second, the argument Taurek gives for the importance of equal chances ought to commit him to being more hospitable to the significance of numbers than he seems to be. Third, and as a result, Taurek should not have dismissed the significance of numbers but embraced a form of pluralism instead. Fourth, this result should be welcomed, because pluralism is more plausible than either the equal greatest chances principle or the saving the greater number principle. (shrink)

John Taurek famously argued that, in ‘conflict cases’, where we are confronted with a smaller and a larger group of individuals, and can choose which group to save from harm, we should toss a coin, rather than saving the larger group. This is primarily because coin-tossing is fairer: it ensures that each individual, regardless of the group to which he or she belongs, has an equal chance of being saved. This article provides a new response to Taurek’s argument. It proposes (...) that there are two possible types of unfairness that have to be avoided in conflict cases, as far as possible: ‘selection unfairness’, which is the unfairness of not giving individuals an equal chance of being saved; and ‘outcome unfairness’, which is the unfairness of not actually saving them, when others are saved. Since saving the greater number generates less outcome unfa-irness than coin-tossing, it is argued that, in many conflict cases, fairness demands that we save the greater number. (shrink)

Misrecognition from other individuals and social institutions is by its dynamic or ‘logic’ such that it can lead to distorted relations-to-self, such as self-hatred, and can truncate the development of the central capabilities of persons. Thus it is worth trying to shed light on how mis recognition differs from adequate recognition, and on how mis recognition might differ from other kinds of mistreatment and disregard. This paper suggests that mis recognition (including nonrecognition) is a matter of inadequate responsiveness to the (...) normatively relevant features of someone (their personhood, merits, needs etc.), and that if the kind of mistreatment in question obeys the general dynamic or ‘logic’ of mutual recognition and relations-to-self, then it may be called ‘misrecognition’. Further, this article considers the multiple connections between misrecognition and human fallibility. The capacity to get things wrong or make mistakes (that is, fallibility) is first of all a condition of misrecognition. Furthermore, there are two lessons that we can draw from fallibility. The first one points towards minimal objectivism: if something is to count as a mistake or incorrect response, there must accordingly exist a fact of the matter or a correct response. The other lesson points towards public equality: if our capacity to get things right on our own is limited, then public, shared norms will probably help. Such norms are easier to know and follow than objective normative truths, and they may contain collective cumulative wisdom; and of course the process of creating public norms embodies in itself an important form of mutual recognition between citizens. (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)

We have the duty to object to things that people say. If you report something that I take to be false, unwarranted, or harmful, I may be required to say as much. In this paper, I explore how to best understand the distinctively epistemic dimension of this duty. I begin by highlighting two central features of this duty that distinguish it from others, such as believing in accordance with the evidence or promise‐keeping. In particular, I argue that whether we are (...) obligated to object is directly influenced not only by what other relevant members of the conversational context or community do, but also by the social status of the agent in question. I then show that these features are shared by the duty to be charitable, and the similarities between these two duties point to a potentially deeper explanation: while promise‐keeping is regarded as a classic perfect duty, charity is an imperfect one. I then argue that the duty to object can be modeled on a particular conception of imperfect duties, one that takes the duty to belong to communities and other collectives, rather than to individuals. I conclude by showing that this framework provides us with reason for accepting that there are imperfect epistemic duties in general. (shrink)

The insurance industry’s practice of producing comprehensive insurance policies can have unforeseen and negative ethical consequences. Insurance policies express promises from the insurer to the insured, to the effect that the insurer should be trusted to appropriately assist the insured in case of accident. The relation is seriously undermined when the content of the promise is blurred, containing clauses and condition which are ambiguous or hidden in fine print. This paper contains an investigation of (1) the sources of the fine (...) print policy practice, (2) its immediate effects on the degree to which the policies are understandable to the insured, (3) the ethical consequences that can follow from blurring the true content of the insurer’s promise to the insured and (4) the measures insurers can take in order to develop a more constructive ethical relationship with its customers. (shrink)

Activists and progressive governments sometimes interfere in the working conditions of sweatshops. Their methods may include boycotts of the products produced in these facilities, bans on the import of these products or tariffs imposed by the home country, and enforcing the host country’s laws that aim at regulating sweatshops. Some argue that such interference in sweatshop conditions is morally wrong since it may actually harm workers. The reason is that the enterprise that runs the sweatshop may choose to lay off (...) some workers as the result of effective interference in order to maintain their profit at the desired level. If successful, this argument would prohibit any interference in sweatshop conditions on moral grounds. In this article, I argue in dissent and build a contractualist argument in favor of the moral permissibility of interference in sweatshops. I base my argument on an ex ante interpretation of T.M. Scanlon’s contractualism. (shrink)

Kates argues that ex ante contractualism fails to defend interference with sweatshops on moral grounds. In this commentary, I argue that Kates does not apply this approach correctly. Ex ante contractualism, indeed, successfully defends interference and thus should still be considered an appealing alternative to other moral approaches for evaluating when and how to interfere in sweatshop conditions to help workers.

T.M. Scanlon’s ‘reasons fundamentalism’ is thought to face difficulties answering the normative question—that is, explaining why it’s irrational to not do what you judge yourself to have most reason to do (e.g., Dreier 2014a). I argue that this difficulty results from Scanlon’s failure to provide a theory of mind that can give substance to his account of normative judgment and its tie to motivation. A central aim of this paper is to address this deficiency. To do this, I draw on (...) broadly cognitivist theories of emotion (e.g., Nussbaum 2001, Roberts 2013). These theories are interesting because they view emotions as cognitive states from which motivation emerges. Thus, they provide a model Scanlon can use to develop a richer account of both the judgment-motivation connection and the irrationality of not doing what you judge yourself to have most reason to do. However, the success is only partial—even this more developed proposal fails to give a satisfactory answer to the normative question. (shrink)

Many of the policy choices we face that have implications for the lives of future generations involve creating a risk that they will live lives that are significantly compromised. I argue that we can fruitfully make use of the resources of Scanlon’s contractualist account of moral reasoning to make sense of the intuitive idea that, in many cases, the objection to adopting a policy that puts the interest of future generations at risk is that doing so wrongs those who will (...) live in the further future. (shrink)

How do social norms influence our choices? And does the presence of biased norms affect what we owe to each other? Looking at empirical research relating to PrEP rollout in HIV prevention policy, a...

Many philosophers recognize that, as a matter of psychological fact, one can believe something valuable without valuing it. I argue that it is also possible to value something without believing it valuable. Agents can genuinely value things that they neither believe disvaluable nor believe valuable along a scale of impersonal value.

Let cognitivism be the view that moral judgments are cognitive mental states and noncognitivism the view that they are noncognitive mental states. Here I argue for moral judgment pluralism: some moral judgments are cognitive states and some are noncognitive states. More specifically, according to my pluralism some judgments are moral because they carry a moral content (e.g., that genocide is wrong) and some are moral because they employ a moral attitude (e.g., indignation, or guilt); the former are the cognitive moral (...) judgments and the latter the noncognitive ones. After explaining and motivating the view, I argue that this kind of pluralism handles quite elegantly several of the core issues that have structured the debate on cognitivism vs. noncognitivism. (shrink)

This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as ‘a feeling creature’, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a result, natural (...) law generates both political norms and the motivations that drive political actions. It provides a standard for assessing the ostensibly jumbled multiplicity of legal customs in human societies. And it reminds us that there is more to political theory than the rational justifi-cation of norms, that central to any account of liberal constitutionalism must be an effort to show the attractions – and not only the justice or the rationality – of right action. Key Words: law • Montesquieu • moral psychology • motivation • natural • law • norm justification • passions. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

Following Moore, value invariabilists deny that the intrinsic value of something can be affected by features extrinsic to it. The primary focuses of this paper are (i) to examine the invariabilistic thesis and expand upon how we ought to understand it, in light of contemporary axiological distinctions, and (ii) to argue that distinguishing between different kinds of invariabilism provides resources to undermine a prominent argument against variabilism. First, I use two contemporary axiological distinctions to clarify what kind of value the (...) invariabilism debate concerns (final value). Then I show how the distinction between personal value and value simpliciter reveals different variabilistic theses, depending on what type of final value one thinks may be affected by extrinsic features. Using this insight, I challenge an argument for final value simpliciter invariabilism. Variabilists offer the example of the vicious being pleased as a counterexample to the claim that pleasure’s final value is invariant to contextual changes. The argument that I examine purports to show that this case actually supports invariabilism about pleasure’s final value simpliciter, because the best explanation for why the vicious being pleased is a fitting object of indignation is that the vicious person’s pleasure is finally valuable simpliciter. I argue that this argument fails because the vicious person’s pleasure being finally personally good for them better explains why an attitude of indignation is fitting. I address two objections and conclude with remarks about how my results might inform future research on value invariabilism. (shrink)

Affectively uncomfortable concern, anxiety, indecisionand disputation over ‘right’ action are among the expressions of moral tension associated with ethical dilemmas. Moral tension is generated and experienced by people. While ethical principles, rules and situations must be worked through in any dilemma, each occurs against a backdrop of people who enact them and stand much to gain or lose depending on how they are applied and resolved. This paper attempts to develop a taxonomy of moral tension based on its intrapersonal and (...) interpersonal sources and expressions. The proposed ‘ethics of incongruity’ outlines ways in which values, actions and needs can find themselves mismatched in morally relevant ways between patients and their clinicians, their own psychologies and their societies. Patient–clinician incongruities may manifest as discord, value misalignment and deception. Patient–patient incongruities may manifest as incapacity, akrasia and self-deception. Patient–society incongruities may manifest as disenfranchisement, disaffiliation and disregard. Brief explanations of the incongruities in this scheme are provided, as are suggestions on working within them. Using concepts from moral philosophy when applicable, these suggestions may either ease direct resolution of problems arising from the incongruities, or make sense of the moral tension that arises from the human context of the ethical dilemma at hand. This presentation of content and resolution methods for the EOI is no doubt incomplete. Hopefully, refinement of this preliminary proposal will follow, particularly from clinicians, as the ones who, along with their patients, experience medical ethics in directly tension-inducing ways. (shrink)

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...) a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens. (shrink)

Niko Kolodny It is often said that there is a special class of norms, ‘rational requirements’, that demand that our attitudes be related one another in certain ways, whatever else may be the case.1 In recent work, a special class of these rational requirements has attracted particular attention: what I will call ‘requirements of formal coherence as such’, which require just that our attitudes be formally coherent.2 For example, we are rationally required, if we believe something, to believe what it (...) entails. And we are rationally required, if we intend an end, to intend what we take to be necessary means to it. The intuitive idea is that formally incoherent attitudes give rise to a certain normative tension, or exert a kind of rational pressure on each another, and this tension, or pressure, is relieved just when one of the attitudes is revised. As John Broome observes, these requirements are, by their nature, ‘wide scope’, which is to say that there is no particular attitude that one must have or lack in order to satisfy them. This is because they require just formal coherence, and there is no particular attitude that one must have or lack in order to be formally coherent. (shrink)

Whatever else liberalism involves, it involves the idea that it is objectionable, and often wrong, for the state, or anyone else, to intervene, in certain ways, in certain choices. This article aims to evaluate different possible sources of support for this core liberal idea. The result is a pluralistic view. It defends, but also stresses the limits of, some familiar elements: that some illiberal interventions impair valuable activities and that some violate rights against certain kinds of invasion. More speculatively, it (...) points to two further sources of support for liberalism, each of which represents a certain kind of social standing: a self-sovereignty compromised simply by being subject to certain kinds of commands and a relational equality compromised by the condemnation of choices with which one’s group is identified. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's ‘liberty condition’: that, after the social contract, each ‘nevertheless obeys only himself and remains as free as before’. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the ‘legitimacy’ of social arrangements. I (...) raise questions about each of these claims. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's ‘liberty condition’: that, after the social contract, each ‘nevertheless obeys only himself and remains as free as before’. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the ‘legitimacy’ of social arrangements. I (...) raise questions about each of these claims. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

On the shared-­ends account of close friendship, proper care for a friend as an agent requires seeing yourself as having important reasons to accommodate and promote the friend’s valuable ends for her own sake. However, that friends share ends doesn't inoculate them against disagreements about how to pursue those ends. This paper defends the claim that, in certain circumstances of reasonable disagreement, proper care for a friend as a practical and moral agent sometimes requires allowing her judgment to decide what (...) you are to do, even when you disagree with her judgment (and even when her judgment is in fact mistaken). In these instances, your friendship can make it the case that you may not act on your own practical and even moral judgments because, at those times, you have a duty as her close friend to defer to her judgments. As a result, treating your friend properly as a responsible agent can require that you assist her in committing what may in fact be serious moral wrongs. (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)

Investment protection clauses, and the investor-state dispute settlement mechanisms they enable, have become a common feature of international agreements on trade and investment. Intended to promote foreign investment, these protections may also discourage governments from regulating in the public interest. This raises challenging normative questions about the rights of investors and distributive justice. In this paper, I argue that a global investment regime that disadvantages developing countries and socially disadvantaged groups is prima facie unfair. This conclusion must be defended against (...) the claim that investors have certain independent moral rights to have their property protected, regardless of the distributive consequences. Granting the premise that such investor rights exist, I argue that these cannot plausibly ground a general rule against public interest regulation that undermines the value of property. I conclude that even if foreign investors have rights that must be safeguarded, the current investment regime must be reformed. (shrink)

Even where an act appears to be responsible, and satisfies all the conditions for responsibility laid down by society, the response to it may be unjust where that appearance is false, and where those conditions are insufficient. This paper argues that those who want to place considerations of responsibility at the centre of distributive and criminal justice ought to take this concern seriously. The common strategy of relying on what Susan Hurley describes as a 'black box of responsibility' has the (...) advantage of not taking responsibility considerations to be irrelevant merely because some specific account of responsibility is mistaken. It can, furthermore, cope perfectly well with an absence of responsibility, even of the global sort implied by hard determinism and other strongly sceptical accounts. Problems for the black box view come in where responsibility is present, but in a form that is curtailed in one significant regard or another. The trick, then, is to open the box of responsibility just enough that its contents can be the basis for judgements of justice. I identify three 'moderately sceptical' forms of compatibilism that cannot ground judgements of justice, and are therefore expunged by the strongest 'grey box' view. (shrink)

In the last few decades, several philosophers have written on the topic of moral revolutions, distinguishing them from other kinds of society-level moral change. This article surveys recent accounts of moral revolutions in moral philosophy. Different authors use quite different criteria to pick out moral revolutions. Features treated as relevant include radicality, depth or fundamentality, pervasiveness, novelty and particular causes. We also characterize the factors that have been proposed to cause moral revolutions, including anomalies in existing moral codes, changing honour (...) codes, art, economic conditions and individuals or groups. Finally, we discuss what accounts of moral revolutions have in common, how they differ and how moral revolutions are distinguished from other kinds of moral change, such as drift and reform. (shrink)

The third formulation of the Categorical Imperative rarely receives the attention devoted to its predecessors. This paper aims to develop a naturalistic approach to morality inspired by Kant’s conception of moral agents as legislating in a Kingdom of Ends. Positions derived from the third formulation, John Rawls’s Kantian Constructivism and T. M. Scanlon’s Contractualism, cleave closely to Kant in idealising the process of legislation. For Rawls, the citizens of the Kantian Reich can be reduced to one, a representative of all, (...) who deliberates behind the veil of ignorance using minimax reasoning. Scanlon includes other lawmakers, but any potential diversity among them is overridden by trans­historical canons of reason. By contrast, I view morality as developing historically through the interactions among people with different views and conflicting aims. The task of moral theory is to construct an appropriate methodology to govern their deliberations. My naturalised Kant takes the first steps. Morality arises from the recognition of problematic situations, identified first by listening to the complaints of actual people, by judging whether they are warranted, and by seeking to amend them when the warrant is confirmed. Societies (and individuals) make moral progress when they deliberate (or simulate deliberations) in accordance with three norms. All those potentially affected should be included; the best available information should be used; and participants should aim for an outcome all can accept. How far is naturalised Kant from the great philosopher? I leave the answer to the scholars. (shrink)

The Genetic Information Nondiscrimination Act of 2008 prohibits most forms of discrimination on the basis of genetic information in health insurance and employment. The findings cited as justification for the act, the almost universal political support for it, and much of the scholarly literature about genetic discrimination, all betray a confusion about what is really at issue. They imply that genetic discrimination is wrong mainly because of genetic exceptionalism: because some special feature of genetic information makes discrimination on the basis (...) thereof wrong. I suggest, to the contrary, that the best arguments against genetic discrimination assume that health care is an entitlement . I do this by examining two different exceptionalist arguments for genetic nondiscrimination, showing that they do not furnish good reasons for prohibiting genetic discrimination unless one supposes that health care is an entitlement. (shrink)

There is currently much concern over the use of pharmaceuticals and other biomedical techniques to enhance athletic performance—a practice we might refer to as doping. Many justifications of anti-doping efforts claim that doping involves a serious moral transgression. In this article, I review a number of arguments in support of that claim, but show that they are not conclusive, suggesting that we do not have good reasons for thinking that doping is wrong.

Control-based accounts of moral responsibility face a familiar problem. There are some actions which look like obvious cases of responsibility but which appear equally obviously to lack the requisite control. Drunk-driving cases are canonical instances. The familiar solution to this problem is to appeal to tracing. Though the drunk driver isn't in control at the time of the crash, this is because he previously drank to excess, an action over which he did plausibly exercise the requisite control. Tracing seeks to (...) show that an agent's responsibility for some outcome can be traced back to a prior exercise of control which caused the later lack of control. These and related cases have led many theorists to treat tracing as an indispensable component of any adequate theory of responsibility. This paper argues that tracing is in fact dispensable. I offer two strategies for explaining responsibility in drunk-driving cases : responsibility can either be exhaustively modeled on recklessness, or exhaustively modeled on negligence. Neither explanation, however, relies on tracing. If I'm right, the case for tracing is seriously weakened. (shrink)

This article addresses three questions about well-being. First, is well-being future-sensitive? I.e., can present well-being depend on future events? Second, is well-being recursively dependent? I.e., can present well-being depend on itself? Third, can present and future well-being be interdependent? The third question combines the first two, in the sense that a yes to it is equivalent to yeses to both the first and second. To do justice to the diverse ways we contemplate well-being, I consider our thought and discourse about (...) well-being in three domains: everyday conversation, social science, and philosophy. This article’s main conclusion is that we must answer the third question with no. Present and future well-being cannot be interdependent. The reason, in short, is that a theory of well-being that countenances both future-sensitivity and recursive dependence would have us understand a person’s well-being at a time as so intricately tied to her well-being at other times that it would not make sense to consider her well-being an aspect of her state at particular times. It follows that we must reject either future-sensitivity or recursive dependence. I ultimately suggest, especially in light of arguments based on assumptions of empirical research on well-being, that the balance of reasons favors rejecting future-sensitivity. (shrink)