I argue that certain species of belief, such as mathematical, logical, and normative beliefs, are insulated from a form of Harman-style debunking argument whereas moral beliefs, the primary target of such arguments, are not. Harman-style arguments have been misunderstood as attempts to directly undermine our moral beliefs. They are rather best given as burden-shifting arguments, concluding that we need additional reasons to maintain our moral beliefs. If we understand them this way, then we can see why moral beliefs are vulnerable (...) to such arguments while mathematical, logical, and normative beliefs are not—the very construction of Harman-style skeptical arguments requires the truth of significant fragments of our mathematical, logical, and normative beliefs, but requires no such thing of our moral beliefs. Given this property, Harman-style skeptical arguments against logical, mathematical, and normative beliefs are self-effacing; doubting these beliefs on the basis of such arguments results in the loss of our reasons for doubt. But we can cleanly doubt the truth of morality. (shrink)

Many philosophers display relaxed scepticism about the Doctrine of Doing and Allowing and the Doctrine of Double Effect, suspecting, without great alarm, that one or both of these Doctrines is indefensible. This relaxed scepticism is misplaced. Anyone who aims to endorse a theory of right action with Nonconsequentialist implications should accept both the DDA and the DDE. First, even to state a Nonconsequentialist theory requires drawing a distinction between respecting and promoting values. This cannot be done without accepting some deontological (...) distinction. Second, if someone is going to accept any deontological distinction she should accept either the DDE or the DDA or some replacement. Finally, anyone who accepts either the DDE or the DDA should accept both doctrines or a replacement of each. Unless both Doctrines can be defended or given a defensible replacement, any Nonconsequentialist is in trouble. (shrink)

This article draws out two implications for cosmopolitan or global friendship from an examination of a recent work on civic friendship in the domestic sphere: (1) Insofar as it is the case that civic friendship, as defined by Schwarzenbach (On civic friendship: Including women in the state. Columbia University Press, New York, 2009) is necessary for justice in the state, it is also the case that the absence of global justice can be partially explained by the absence of what might (...) be called cosmopolitan friendship. (2) If we consider the practicalities of civic friendship, we find that cosmopolitan friendship is an even more difficult and demanding project than we might have imagined. (shrink)

For many women experiencing motherhood for the first time, the message they receive is clear: mothers who do not breastfeed ought to have good reasons not to; bottle feeding by choice is a failure of maternal duty. We argue that this pressure to breastfeed arises in part from two misconceptions about maternal duty: confusion about the scope of the duty to benefit and conflation between moral reasons and duties. While mothers have a general duty to benefit, we argue that this (...) does not imply a duty to carry out any particular beneficent act. Therefore, the expectation that mothers should breastfeed unless they have sufficient countervailing reasons not to is morally unwarranted. Recognising the difference between reasons and duties can allow us to discuss the benefits of breastfeeding and the importance of supporting mothers who wish to breastfeed without subjecting mothers who bottle feed to guilt, blame and failure. (shrink)

Economic theory teaches that it is in every country’s interest to trade. Trade is a voluntary activity among consenting parties. On this view, considerations of justice have little bearing on trade, and political philosophers concerned with global justice should stay largely silent on trade. According to a very different view that has recently gained prominence, international trade can only occur before the background of an international market reliance practice shaped by states. Trade is a shared activity among states, and all (...) participating states have in principle equal claims to gains from trade. Trade then becomes a central topic for political philosophers. Both views are problematic. A third view about the role of trade in a theory of global justice is then presented, which gives pride of place to a notion of exploitation. The other two views should be abandoned. (shrink)

This paper argues that an adequate conception of a good life should recognize, in addition to happiness and morality, a third dimension of meaningfulness. It further proposes that we understand meaningfulness as involving both a subjective and an objective condition, suitably linked. Meaning arises when subjective attraction meets objective attractiveness. In other words one’s life is meaningful insofar as one is gripped or excited by things worthy of one’s love, and one is able to do something positive about it. The (...) paper concludes with some speculations about how this conception of meaningfulness might help to explain the conditions under which social volunteering can be especially rewarding. (shrink)

This paper offers a defense against the primary objection to the view that goodness and other value properties give normative reasons, which is T. M. Scanlon’s influential redundancy argument. Scanlon reasons that value properties cannot add anything over and above what non-evaluative properties contribute. I suggest this line of reasoning is analogous to Jaegwon Kim’s causal exclusion argument against non-reductive physicalism, and adapt Ned Block’s objection to exclusion—a generalization and regress argument—into a reason for rejecting Scanlon’s argument. Differences between reasons (...) and causes make Scanlon’s task more difficult than Kim’s. (shrink)

The last two decades have seen a surge of support for normative quietism: most notably, from Dworkin, Nagel, Parfit and Scanlon. Detractors like Enoch and McPherson object that quietism is incompatible with realism about normativity. The resulting debate has stagnated somewhat. In this paper I explore and defend a more promising way of developing that objection: I’ll argue that if normative quietism is true, we can create reasons out of thin air, so normative realists must reject normative quietism.

It is commonly held that p is a reason for A to ϕ only if p explains why A ought to ϕ. I argue that this view must be rejected because there are reasons for A to ϕ that would be redundant in any ex...

The global Covid-19 crisis raises at least three moral questions, which my contribution answers as follows: (1) Which patient should get treatment according to triage criteria? The patient whose treatment has the best prospect of success. (2) How should we resolve the conflict between public health measures and economic needs? Public health should have priority, but reaches its limits where the individual right to stay afloat through one’s own work is violated. (3) How should we resolve the conflict between public (...) health measures and civil liberties? Public health should have priority, but reaches its limits where the restriction of freedom violates the integrity of individual health and personal freedom. The answers and the arguments behind these are developed through the discussion of a wide range of current public health policies, concrete measures, and competing approaches to moral questions in the Covid-19 pandemic. (shrink)

This theoretical paper argues for prioritarianism as an ethical underpinning for digital health in contexts of extreme disadvantage. In support of this claim, the paper develops three prioritarian principles for making ethical decisions for digital health programme design, grounded in the normative position that the greater the need, the stronger the moral claim. The principles are positioned as an alternative view to the prevailing utilitarian approach to digital health, which the paper argues is not sufficient to address the needs of (...) the worst off. As researchers of digital health, we must ensure that the most globally marginalised are not overlooked by overtly technocentric implementation practices. Consequently, the paper concludes by advocating for use of the three principles to support stronger critical reflection on the ethics involved in the design and implementation of digital health programmes. (shrink)

Why do agent-relative reasons have authority over us, reflective creatures? Reductive accounts base the normativity of agent-relative reasons on agent-neutral considerations like ‘having parents caring especially for their own children serves best the interests of all children’. Such accounts, however, beg the question about the source of normativity of agent-relative ways of reason-giving. In this paper, I argue for a non-reductive account of the reflective necessity of agent-relative concerns. Such an account will reveal an important structural complexity of practical reasoning (...) in general. Christine Korsgaard relates the rational binding force of practical reasons to the various identities or self-conceptions under which we value ourselves. The problem is that it is not clear why such self-conceptions would necessitate us rationally, given the fact that most of our identities are simply given. Perhaps, Harry Frankfurt is right in arguing that we are not only necessitated by reason, but also, and predominantly by what we love. I argue, however, that “the necessities of love” (in Frankfurt’s phrase) are not to be separated from, but should be seen as belonging to the necessities of reason. Our loves, concerns and related identities provide for a specific and important structure to practical reflection. They function on the background of reasoning, having a specific default role: they would lose their character as concerns, if there was a need for them to be cited on the foreground of deliberation or if there was a need to justify them. This does not mean that our deep concerns cannot be scrutinised. They can only be scrutinised in an indirect way, however, which explains their role in grounding the normativity of agent-relative reasons. It appears that this account can provide for a viable interpretation of Korsgaard’s argument about the foundational role of practical identities. (shrink)

(2013). In the beginning was the doing: the premises of the practical syllogism. Canadian Journal of Philosophy: Vol. 43, No. 3, pp. 303-321.

Cognitive scientists have long noted that automated behavior is the rule, while consciousness acts of self-regulation are the exception to the rule. On the face of it automated actions appear to be immune to moral appraisal because they are not subject to conscious control. Conventional wisdom suggests that sleepwalking exculpates, while the mere fact that a person is performing a well-versed task unthinkingly does not. However, our apparent lack of conscious control while we are undergoing automaticity challenges the idea that (...) there is a relevant moral difference between these two forms of unconscious behavior. In both cases the agent lacks access to information that might help them guide their actions so as to avoid harms. In response it is argued that the crucial distinction between the automatic agent and the agent undergoing an automatism, such as somnambulism or petit mal epilepsy, lies in the fact that the former can preprogram the activation and interruption of automatic behavior. Given that, it is argued that there is elbowroom for attributing responsibility to automated agents based on the quality of their will. (shrink)

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that she ought (...) to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

Objective reasons are given by the facts. Subjective reasons are given by one’s perspective on the facts. Subjective reasons, not objective reasons, determine what it is rational to do. In this paper, I argue against a prominent account of subjective reasons. The problem with that account, I suggest, is that it makes what one has subjective reason to do, and hence what it is rational to do, turn on matters outside or independent of one’s perspective. After explaining and establishing this (...) point, I offer a novel account of subjective reasons which avoids the problem. (shrink)

A normative reason for a person to? is a consideration which favours?ing. A motivating reason is a reason for which or on the basis of which a person?s. This paper explores a connection between normative and motivating reasons. More specifically, it explores the idea that there are second-order normative reasons to? for or on the basis of certain first-order normative reasons. In this paper, I challenge the view that there are second-order reasons so understood. I then show that prominent views (...) in contemporary epistemology are committed to the existence of second-order reasons, specifically, views about the epistemic norms governing practical reasoning and about the role of higher-order evidence. If there are no second-order reasons, those views are mistaken. (shrink)

Much of the literature on practical authority concerns the authority of the state over its subjects—authority to which we are, as G. E. M. Anscombe says, subject “willy nilly”. Yet many of our “willy” (or voluntary) relationships also seem to involve the exercise of practical authority, and this species of authority is in some ways even more puzzling than authority willy nilly. In this paper I argue that voluntary authority relies on a form of voluntary obligation that is akin (in (...) some respects) to the kind of obligation one undertakes in making a promise. Voluntary authority depends, that is, on the possibility of taking on certain obligations more or less at will. It is generated through an interpersonal transaction that involves a directed act of deference, on one side, paired with appropriate uptake of that deference, on the other. Deference, in the relevant sense, should be understood as a normative power that is exercised when agents transfer deliberative discretion to others, undertaking directed obligations to treat others’ directives as content-independent and peremptory reasons. Voluntary authority, thus understood, is both grounded in and constrained by the equal moral authority or autonomy of the participants, since only autonomous agents have the standing to defer in a normatively significant way. (shrink)

This paper focuses on the interaction of reasons and argues that reasons for an action may transmit to the necessary means of that action. Analyzing exactly how this phenomenon may be captured by principles governing normative transmission has proved an intricate task in recent years. In this paper, I assess three formulations focusing on normative transmission and necessary means: Ought Necessity, Strong Necessity, and Weak Necessity. My focus is on responding to two of the main objections raised against normative transmission (...) for necessary means, in that they seem to give us reasons for buying tickets to plays we have no intention of seeing and that the principles give us the wrong result when the means are necessary but not sufficient. Even though these objections have been discussed previously, the counterarguments have so far relied on rejecting premises that the proponents of these objections are unlikely to concede. In this paper, I show how we may answer the objections in a way more likely to convince proponents of the objections. The result is an argument for a key aspect when it comes to understanding how reasons and ends-means normativity function. Normative transmission from ends to necessary means is not only interesting at the structural level, it is also possible to argue that it has implications for areas as diverse as philosophy of rationality, political philosophy and applied ethics. (shrink)

It seems natural to think that compromises ought to be fair. But it is false. In this paper, I argue that it is never a moral desideratum to reach fair compromises and that we are sometimes even morally obligated to try to establish unfair compromises. The most plausible conception of the fairness of compromises is David Gauthier’s principle of minimax relative concession. According to that principle, a compromise is fair when all parties make equal concessions relative to how much they (...) can gain from an agreement and relative to how much they would lose without an agreement. To find out whether reaching a fair compromise sometimes is a moral desideratum, I discuss several paradigmatic cases in friendships, economics and politics, and I try to show that even when the parties have moral reasons to refrain from trying to maximize utility in the negotiations, they do not have moral reasons to aim at a fair compromise. My second claim is that we are sometimes morally obligated to try to establish unfair compromises, in particular when we are dealing with parties that try to establish morally very bad political arrangements. In such cases, we should try to concede as little as possible to achieve an outcome that is morally acceptable. Fair compromises, in other words, are morally much more dubious than is usually appreciated. (shrink)

This article assesses the quality of Integrative Social Contracts Theory (ISCT) as a social contract argument. For this purpose, it embarks on a comparative analysis of the use of the social contract model as a theory of political authority and as a theory of social justice. Building on this comparison, it then develops four criteria for any future contractarian theory of business ethics (CBE). To apply the social contract model properly to the domain of business ethics, it should be: (1) (...) self-disciplined, i.e., not aspire results beyond what the contract model can realistically establish; (2) argumentative, i.e., it should seek to provide principles that are demonstrative results of the contractarian method; (3) task-directed, i.e., it should be clear what the social contract thought-experiment is intended to model; and (4) domain-specific, i.e., the contractarian choice situation should be tailored to the defining problems of business ethics. (shrink)

Does rational bargaining yield a social contract that is efficient and so inclusive? A core allocation, that is, an allocation that gives each coalition at least as much as it can get on its own, is efficient. However, some coalitional games lack a core allocation, so rationality does not require one in those games. Does rationality therefore permit exclusion from the social contract? I replace realization of a core allocation with another type of equilibrium achievable in every coalitional game. Fully (...) rational agents coordinate the pursuit of incentives so that equilibria of this type are efficient. They adopt a social contract that is efficient and inclusive. (shrink)

In this paper, I explore how to accommodate non-consequentialist constraints with a broadly value-based conception of reasons for action. It turns out that there are two grades of non-consequentialist constraints. The first grade involves attaching ethical importance to such distinctions as the doing/allowing distinction, and the distinction between intended and unintended consequences that is central to the Doctrine of Double Effect. However, at least within the value-based framework, this first grade is insufficient to explain rights, which ground weighty reasons against (...) infringing those rights that need not be outweighed even when infringing those rights is necessary for preventing a larger number of people from having their rights infringed in the same way. Such rights form a second grade of non-consequentialist constraints: within the value-based framework, this second grade is best explained in terms of the intrinsically relational values and disvalues of interpersonal interactions and relationships. (shrink)

This paper gives a new interpretation of the central section of Plato's Symposium (199d-212a). According to this interpretation, the term "καλóν", as used by Plato here, stands for what many contemporary philosophers call "intrinsic value"; and "love" (ἔρως) is in effect rational motivation , which for Plato consists in the desire to "possess" intrinsically valuable things - that is, according to Plato, to be happy - for as long as possible. An explanation is given of why Plato believes that "possessing" (...) intrinsically valuable things, at least for mortals like us, consists in actively creating instantiations of the intrinsic values, both in oneself and in the external world, and in knowing and loving these intrinsic values and their instantiations. Finally, it is argued that this interpretation reveals that Plato's "eudaemonism" is a different and more defensible doctrine than many commentators believe. (shrink)

Recent views of reasons and rationality make it plausible that it can sometimes be rational to do what you have no reason to do. A number of writers have concluded that if this is so, rationality is not normative. But this is a mistake. Even if we assume a tight connection between reasons and normativity, the normativity of rationality does not require that there is always reason to be rational. The first half of this paper illustrates this point with reference (...) to the subjective reasons account of rationality. The second half suggest that this point may have been missed because of certain similarities between the subjective reasons account and the importantly different transparency account. On the transparency account, rationality seems not to be normative. I think it is often assumed that what goes for the transparency account goes for the subjective reasons account as well. But I argue that this is a mistake. A corollary is that the subjective reasons account has an important advantage over the transparency account, given how plausible it is that rationality is normative. (shrink)

Perspectivists hold that what you ought to do is determined by your perspective, that is, your epistemic position. Objectivists hold that what you ought to do is determined by the facts irrespective of your perspective. This paper explores an influential argument for perspectivism which appeals to the thought that the normative is action guiding. The crucial premise of the argument is that you ought to φ only if you are able to φ for the reasons which determine that you ought (...) to φ. We show that this premise can be understood in different ways. On one reading, it provides no support for perspectivism. On another reading, the premise lacks support. So, the argument fails. An important upshot of the paper is that the objectivist can embrace the thought about guidance. (shrink)

Philosophical discussions of psychopathy have been framed primarily in terms of psychopaths' conspicuous moral shortcomings. But despite their vaunted ‘egocentricity’, another prominent trait in the standard psychopathic profile is a characteristic failure to look after themselves; in an important way, psychopaths appear to be as careless of themselves as they are of others. Assuming that the standard profile is largely correct, the question is how these moral and prudential deficits are related. Are they linked in some non‐accidental way? This paper (...) is a sympathetic exploration and articulation of the hypothesis that psychopathy involves an incapacity for critical distance from from one's own impulses and inclinations, an incapacity that would explain the lack of both prudential and moral regard. (shrink)

Standard treatments of responsibility have been preoccupied with issues of blame and punishment, and concerns about free will. In contrast, Raz is concerned with problems about responsibility that arise from the “puzzle of moral luck,” puzzles that lead to misguided skepticism about negligence. We are responsible not only for conduct that is successfully guided by what we take to be our reasons for action, but also for misexercises of our rational capacities that escape our rational control. To deny this is (...) to lose sight of the ways “moral luck” is an inescapable feature of our agential engagement in the world. The present essay attempts to set out Raz’s argument as sympathetically as possible. Raz’s shift of focus is a powerful counter to current tendencies and points us in new and promising directions. Nonetheless, as it stands, it may just relocate skepticism about negligence to a different place. (shrink)

This article proposes 3 principles and 3 imperatives as the philosophical foundations of a global journalism ethics. The central claim is that the globalization of news media requires a radical rethinking of the principles and standards of journalism ethics, through the adoption of a cosmopolitan attitude. The article explains how and why ethicists should construct a global journalism ethics, using a contractualist approach. It then formulates 3 "claims" or principles: the claims of credibility, justifiable consequence, and humanity. The claim of (...) humanity is developed further by the formulation of 3 imperatives: to act as a global agent, to serve world citizens, and to enhance nonparochial understandings. The article concludes by considering some implications of a cosmopolitan attitude for the practice of journalism. (shrink)

Philosophical work on values in science is held back by widespread ambiguity about how values bear on sci entific choices. Here, I disambiguate several ways in which a choice can be value-laden and show that this disambiguation has the potential to solve and dissolve philosophical problems about values in science. First, I characterize four ways in which values relate to choices: values can motivate, justify, cause, or be impacted by the choices we make. Next, I put my proposed taxonomy to (...) work, using it to clarify one version of the argument from inductive risk. The claim that non-epistemic values must play a role in scientific choices that run inductive risk makes most sense as a claim about values being needed to justify such choices. The argument from inductive risk is not unique: many philosophical arguments about values in science can be more clearly understood and assessed by paying close attention to how values and choices are related. (shrink)

In this article, I critique a moral argument developed in Frances Kamm’s Intricate Ethics: Rights, Responsibilities, and Permissible Harm. The argument, which I label the Best Outcome Argument, aims to criticize the Taurekian idea that it is not worse if more people die than if fewer do in conflict situations, where it is hard to distinguish individuals from one another solely by reference to the relative strength of their claims. I argue that the Best Outcome Argument is flawed for three (...) reasons: the symmetry feature defined by the impartiality principle holds only in a limited class of conflict situations; individuals should be treated in a consistent way throughout the whole process of reasoning; comparative evaluations gained in different contexts, at least in some cases, cannot be used in one and the same argument. (shrink)

European Journal of Philosophy, Volume 29, Issue 3, Page 634-645, September 2021.

A defence of the idea that there are sui generis duties of love: duties, that is, that we owe to people in virtue of standing in loving relationships with them. I contrast this non-reductionist position with the widespread reductionist view that our duties to those we love all derive from more generic moral principles. The paper mounts a cumulative argument in favour of the non-reductionist position, adducing a variety of considerations that together speak strongly in favour of adopting it. The (...) concluding section connects this debate with larger issues in moral theory concerning the general idea of obligation. (shrink)

In 'Rethinking the Good', Larry Temkin makes two core claims. First, the goodness of a distribution is sometimes ‘essentially comparative’ – it sometimes depends on which alternative distribution(s) it is compared to. Second, such cases threaten the transitivity of ‘all things considered better than’. I argue that the goodness of a distribution may indeed depend on what other distributions are feasible. But contrary to Temkin, I also argue that transitivity holds even when the goodness of a distribution depends on the (...) feasible set of which it is a member. (shrink)

When one faces competing claims of varying strength on public resources for health, which claims count? This paper proposes the following answer. One should count, or aggregate, a person’s claim just in case one could sympathize with her desire to prioritize her own claim over the strongest competing claim. It argues that this principle yields appealing case judgments and has a plausible grounding in both sympathetic identification with each person, taken separately, and respect for the person for whom most is (...) at stake. It also defends this principle against several heretofore unanswered objections. (shrink)

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals' concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

In several countries, governments have implemented so-called ‘COVID passport’ schemes, which restrict access to venues such as bars or sports events to those who are vaccinated against COVID-19 and/or exempt vaccinated individuals from public health measures such as curfews or quarantine requirements. These schemes have been the subject of a heated debate. Concerns about inequality have played an important role in the opposition to such schemes. This article highlights that determining how COVID passports affect equality requires a much more nuanced (...) analysis than is typically assumed. I identify a range of broadly egalitarian considerations that could be affected by the introduction of COVID passport schemes. While these schemes could undermine certain aspects of equality, I argue that they could also be used to promote equality. The magnitude and severity of these different effects, both promoting and undermining equality, depend on how precisely these schemes are framed and the local context in which they are implemented. (shrink)

It is a platitude that morality is normative, but a substantive and interesting question whether morality is normative in a robust and important way; and although it is often assumed that morality is indeed robustly normative, that view is by no means uncontroversial, and a compelling argument for it is conspicuously lacking. In this paper, I provide such an argument. I argue, based on plausible claims about the relationship between moral wrongs and moral criticizability, and the relationship between criticizability and (...) normative reasons, that moral facts necessarily confer normative reasons upon moral agents. (shrink)

Morality is commonly thought to be normative in a robust and important way. This is commonly cashed out in terms of normative reasons. It is also commonly thought that morality is necessarily and universally normative, i.e., that moral reasons are reasons for any possible moral agent. Taking these commonplaces for granted, I argue for a novel view of moral normativity. I challenge the standard view that moral reasons are reasons to act. I suggest that moral reasons are reasons for having (...) sentiments—in particular, compassion and respect—and I argue that this view has important advantages over the standard view of moral normativity. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

G.E. Moore’s open question arguments have been targeted by unsympathetic philosophers for close to a century. Perhaps the most serious criticism directed towards Moore’s OQAs is that they be...

This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...) the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...) themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

Suppose you intend now to φ at some future time t. However, when t has come you do not φ. Something has gone wrong. This failing is not just a causal but also a normative failing. This raises the question how to characterize this failing. I discuss three alternative views. On the first view, the fact that you do not execute your intention to φ is blameworthy only if the balance of reasons pointed to φ-ing. The fact that you intended (...) to φ does not add to the reasons for φ-ing at t. On the second view, the fact that you do not execute your intention to φ is blameworthy because you violate a requirement of rationality. Both these views have in common that they deny that intending to φ at t creates a reason to φ at t. The third alternative, the one I defend, claims that you often create reasons to φ by intending to φ. (shrink)

One of the societal problems in a new influenza pandemic will be how to use the scarce medical resources that are available for prevention and treatment, and what medical, epidemiological and ethical justifications can be given for the choices that have to be made. Many things may become scarce: personal protective equipment, antiviral drugs, hospital beds, mechanical ventilation, vaccination, etc. In this paper I discuss two general ethical principles for priority setting (utility and equity) and explain how these principles will (...) often point in diverging directions. Moreover, each of these principles can be understood in different, again often competing, ways. Notwithstanding these controversies and conflicts, in the context of pandemic response there are at least some points of convergence: several policies can be justified by appeal to different ethical principles and theories. Convergence may be found with respect to a focus on saving the most lives (instead of other aggregative accounts); giving priority antiviral prophylaxis and therapy for life-saving pandemic responders; and, partly depending on epidemiology of the pandemic, to prioritise vaccination of children. Although decision-making about access to intensive care will involve choices with immediate tragic implications, the ethical complexity of these choices is relatively modest (although decisions will not be easy): there are persuasive moral reasons for giving priority to patients who are expected to benefit most within the shortest time. Finally, in the last section I tentatively argue that constraints on people’s freedom, as necessary for an effective public health approach, may support giving somewhat more weight to saving the most lives, than to concerns of equity. (shrink)