The ethics of policing currently neglects to provide a framework for analysing the morality of deliberate inactions to prevent harm, even though these are often adopted tactically by police as a means of preventing greater harms. In this paper we argue (a) that police have special moral obligations to prevent harm, grounded both in a contractarian account of police legitimacy and in the interpersonal morality of associations and (b) that police are morally culpable for failures to fulfil these special obligations (...) when these are neither proportionate nor necessary to the prevention of greater crime-related harms. Our claims have implications both for the morality of policing and for its regulation and governance under human rights legislation, which we argue should be reformed so as to recognise police culpability not only for inflictions of harm, but also for failures to prevent it. (shrink)

Basic desert is central to the dispute between compatibilists and incompatibilists over the four-case manipulation argument. I argue that there are two distinct ways of understanding the desert salient to moral responsibility; moral desert can be understood as a claim about fitting responses to an agent or as a claim about the merit of the agent. Failing to recognize this distinction has contributed to a stalemate between both sides. I suggest that recognizing these distinct approaches to moral desert will help (...) clarify a central source of disagreement between compatibilists and incompatibilists and assist both sides in resolving the current stalemate. (shrink)

In On What Matters Derek Parfit advocates the Kantian Contractualist Formula as one of three supreme moral principles. In important cases, this formula entails that it is wrong for an agent to act in a way that would be partially best. In contrast, Parfit’s wide value-based objective view of reasons entails that the agent often have sufficient reasons to perform such acts. It seems then that agents might have sufficient reasons to act wrongly. In this paper I will argue that (...) such reasons are a symptom of a fundamental inconsistency between the Kantian Contractualist Formula and Parfit’s view of reasons. The formula requires that we consider what everyone could rationally will, while a wide value-based objective view requires that we consider only what the agent has sufficient reasons for doing. The same inconsistency is particularly obvious in Parfit’s version of the Consent Principle, which share important features with the Kantian Contractualist Formula. Parfit accepts that moral principles might entail that we sometimes have sufficient reasons to act wrongly. However, to accept that supreme moral principles have such implications is objectionable if you, like Parfit, also hold that principles with such implications should be rejected or revised. I suggest that we could abandon the requirement that we have to consider the reasons of everyone. This would make the Kantian Contractualist Formula consistent with Parfit’s view of reasons, at least in this respect. I also argue that we can keep most implications of the Kantian Contractualist Formula that Parfit finds attractive. (shrink)

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This (...) article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. (shrink)

This paper offers two competing accounts of normative requirements, each of which purports to explain why some—but not all—requirements are normative in the sense of being related to normative reasons in some robust way. According to the reasons-sensitive view, normative requirements are those and only those which are sensitive to normative reasons. On this account, normative requirements are second-order statements about what there is conclusive reason to do, in the broad sense of the term. According to the reasons-providing view—which I (...) attribute to John Broome—normative requirements are those and only those which constitute or provide normative reasons. I argue that the reasons-providing view is susceptible to two serious objections. First, the view generates an explanatory gap. Secondly, the view is implausible. I argue that these two objections give us reason to prefer the reasons-sensitive view of normative requirements over the reasons-providing view. (shrink)

This paper takes on several distinct but related tasks. First, I present and discuss what I will call the “Ignorance Thesis,” which states that whenever an agent acts from ignorance, whether factual or moral, she is culpable for the act only if she is culpable for the ignorance from which she acts. Second, I offer a counterexample to the Ignorance Thesis, an example that applies most directly to the part I call the “Moral Ignorance Thesis.” Third, I argue for a (...) principle—Don’t Know, Don’t Kill—that supports the view that the purported counterexample actually is a counterexample. Finally, I suggest that my arguments in this direction can supply a novel sort of argument against many instances of killing and eating certain sorts of animals. (shrink)

How we evaluate things and what we desire are closely connected. In typical cases, the things we desire are things that we evaluate as good or desirable. According to evaluation theories of desire, this connection is a very tight one: desires are evaluations of their objects as good or as desirable. There are two main varieties of this view. According to Doxastic Evaluativism, to desire that p is to believe or judge that p is good. According to Perceptual Evaluativism, to (...) desire that p is to perceive p as being good (or for p to seem good). The present paper poses a puzzle for such views. The puzzle should be familiar to theorists interested in the normativity and metaphysics of the emotions, but I am unaware of its application to desire. The aim of the present paper is to present the puzzle as it applies to desire, which should be of independent interest, but I also hope that by shining a light on the puzzle in this domain, we might put ourselves in a better position to offer a solution in all cases. At the end of the paper, I gesture towards a promising way ahead that departs from relying on contradictory contents. (shrink)

Psychopaths are agents who lack the normal capacity to feel moral emotions (e.g. guilt based on empathy with the victims of their actions). Evidence for attributing psychopathy at least in some cases to genetic or early childhood causes suggests that psychopaths lack free will. However, the paper defends a sense in which psychopaths still may be construed as responsible for their actions, even if their degree of responsibility is less than that of normal agents. Responsibility is understood in Strawsonian terms, (...) as a question of our appropriate reactive attitudes toward an agent for what she does, and as distinct from the question of the agent's own motivating attitudes, which lead him to do what he does. The latter is the question more directly relevant to free will, though moral motivation normally depends on the capacity in early childhood to pick up motivating attitudes from others' reactive attitudes. Reactive attitudes based on hatred rather than anger (e.g. disgust or contempt) count as alternative forms of blame that may be appropriately directed toward agents manifesting bad qualities of will, even as a matter of motivational impairment. So psychopaths may still be said to deserve blame, even if they are incapable of modifying their behavior in response to blame. (shrink)

In this paper, I defend a new theory of normative reasons called reasons as good bases, according to which a normative reason to φ is something that is a good basis for φing. The idea is that the grounds on which we do things—bases—can be better or worse as things of their kind, and a normative reason—a good reason—is something that is just a good instance of such a ground. After introducing RGB, I clarify what it is to be a (...) good basis, and argue that RGB has various attractive features: it has intuitive implications, makes good sense of the weights of reasons, and attractively explains the relationship between normative reasons and motivating reasons. I then briefly defend the view from objections and compare it to rivals. Finally, I sketch two possible implications of RGB: some kind of constitutivism, according to which the norms that govern us are explained by the nature of agency, and second, the claim that agents who do things for reasons generally do them for good reasons. (shrink)

In this paper I highlight two noteworthy features of assertions about our desires, and then highlight two ways in which they can mislead us into drawing unwarranted conclusions about desire. Some of our assertions may indicate that we are sometimes motivated independently of desire, and other assertions may suggest that there are vast divergences between our normative judgements and our desires. But I suggest that some such assertions are, in this respect, potentially misleading, and have in fact misled authors such (...) as Russ Shafer-Landau, Jack Woods, and Tim Scanlon. (shrink)

This paper presents a new objection to the buck-passing account of value. I distinguish the buck-passing account of predicative value from the buck-passing account of attributive value. According to the latter, facts about attributive value reduce to facts about reasons and their weights. But since facts about reasons’ weights are themselves facts about attributive value, this account presupposes what it is supposed to explain. As part of this argument, I also argue against Mark Schroeder's recent account of the weights of (...) reasons, which purports to explain the weights of reasons in terms of further reasons without circularity. I then argue that if we abandon the buck-passing account of attributive value, it would be ad hoc and unjustifiable to continue to endorse the buck-passing account of predicative value. In short, there seems to be little hope for the buck-passing account in either form. The paper ends by sketching a novel alternative theory according to which reasons are analysed in terms of the attributive value of motives. I suggest that a normative reason to is something that would be a good motive for -ing. At least at first glance, this view has numerous merits and few problems. (shrink)

Numbers Skeptics deny that when faced with a choice between saving some innocent people from harm and saving a larger number of different, though equally innocent, people from suffering a similar harm you ought to save the larger number. In this article, I aim to put pressure on Numbers Skepticism.

Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian approaches in business ethics. Autonomy is (...) too demanding a condition for the realm of CBE. But a less stringent version of the contract may be possible, a version which uses the contract as a heuristic device, which merely requires moral responsibility. Furthermore, it is argued that views of (human) agency and the moral subject should be made explicit in such a theory. (shrink)

An increasingly popular view in the philosophy of art is that some artworks are good artworks at least partly because they are achievements. This view was introduced to explain why two works that look the same, such as an original painting and a perfect copy, can differ in artistic merit. An achievement theory can say that the original is better because it is a greater achievement. Achievement theories have since been used to answer other questions, and they are now a (...) serious alternative to traditional theories of artistic merit. This paper has three aims. The first is to articulate the achievement theory more fully and explicitly than its advocates have. The second is to show that the achievement theory should be rejected, by raising five problems for it. The third is to show that appealing solely to the excellence, aptitude, and ineptitude a work manifests yields a better theory of artistic merit. (shrink)

In this paper I argue that selective abortion for disability often involves inadequate counselling on the part of reproductive medicine professionals who advise prospective parents. I claim that prenatal disability clinicians often fail in intellectual duty—they are culpably ignorant about intellectual disability. First, I explain why a standard motivation for selective abortion is flawed. Second, I summarize recent research on parent experience with prenatal professionals. Third, I outline the notions of epistemic excellence and deficiency. Fourth, I defend culpable ignorance as (...) the best explanation of inadequate disability counselling. Fifth, I rebut alternative explanations. My focus is pregnancies diagnosed with mild or moderate intellectual disability. (shrink)

In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or pragmatic grounds for rejecting (...) or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of “moral division of labor”; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political‐pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political‐pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing. (shrink)

In this review article I refer to some of the most relevant recent publications in the field of practical rationality, mainly drawing on two new anthologies by Wallace and Millgram that contain the principal arguments in the current debate, and on new books and articles by Bittner, Dancy, Nida-Rümelin and Raz. The purpose of the article is to offer an overview of the relevant positions in the current debate, to clarify the main arguments against the belief-desire model, and to situate (...) some of the problems - e.g. what counts as a reason - within the wider field of practical rationality as a whole - e.g. how to argue about practical reasoning from the point of view of our self-understanding as autonomous agents. (shrink)

ABSTRACT A long debate in aesthetics concerns the reasoned nature of criticism. The main questions in the debate ask whether criticism is based on reasons, whether critics communicate reasons for their audience’s responses, and, if so, how to understand these critical reasons. I argue that a great obstacle to making any progress in this debate is the deeply engrained assumption, shared by all sides of the debate, that reasons can only be either theoretical reasons or practical reasons. My aims are (...) to put pressure on this assumption that, if there are critical reasons, they must be either theoretical or practical, and to suggest that, if there are critical reasons, the most central among them are neither theoretical nor practical. (shrink)

ABSTRACT Anti-normativists have advanced the view that the involvement of content in norms is not an essential feature of content, but a contingent feature or side effect of the normativity governing attitudes. In this paper, we argue that, in its original formulation, this view puts too much weight on the idea that belief is the fundamental, and perhaps the only, source of content-involving normativity. In its more refined formulation, however, the view does not make justice to a neutral and encompassing (...) characterization of what it is for content to be essentially normative. (shrink)

This paper criticizes the account of desire defended by Nomy Arpaly and Timothy Schroeder in their recent book, In Praise of Desire. It contrasts their account with one that I favor, a cluster analysis listing various criteria that are together sufficient for having paradigm desires, but none of which is necessary or sufficient for desiring. I argue that their account fails to state necessary or sufficient conditions, that it is explanatorily weaker than the cluster account, that it fails to provide (...) a neat reduction of desires to neurophysical terms, and that in any case such a reduction is not required for the preservation of the concept of desire in mature psychology. Implications are drawn for the broader debate between reductionists, eliminativists, and defenders of folk psychological concepts. (shrink)

I connect commodification arguments to an empirical literature, present a mechanism by which commodification may occur, and show how this may restrict the range of goods and services that are subject to commodification, therefore having implications for the use of commodification arguments in political theory. Commodification arguments assert that some people’s trading a good or service can debase it for third parties. They consist of a normative premise, a theory of value, and an empirical premise, a mechanism whereby some people’s (...) market exchange affects how goods can be valued by others. Hence, their soundness depends on the existence of a suitable candidate mechanism for the empirical premise. The ‘motivation crowding effect’ has been cited as the empirical base of commodification. I show why the main explanations of motivation crowding – signaling and over-justification – do not provide mechanisms that could underpin the empirical premise. In doing this, I reveal some requirements on any candidate me... (shrink)

Many philosophers and scientists believe that we need an explanation as to why the laws of physics and the initial conditions of the universe are fine-tuned for life. The standard two options are: theism and the multiverse hypothesis. Both of these theories are extravagant and arguably have false predictions. Drawing on contemporary philosophy of mind, I outline a form of panpsychism that I believe offers a more parsimonious and less problematic explanation of cosmological fine-tuning.

The topic of this paper is what I will call “biased emotion”. Biased emotions are emotions which are influenced by implicit bias. An example is racially biased fear. A person who explicitly denies that every black man is dangerous, might implicitly have the tendency to be afraid of black men. Biased emotions lead to certain types of behavior, such as avoidance behavior out of fear. Some have argued that behavioral expressions of biased emotions are not attributable. Because fearful behavior is (...) supposedly reflex-like, it can be considered as “external” to who one really is. I will, however, argue that behavioral expressions of biased emotions are not reflexes but behavior which reflects a person’s goals and what one cares about. For this reason, I will argue that behavioral expressions of biased emotions are attributable and reveal who one truly is. (shrink)

Conceptual engineering is concerned with the improvement of our concepts. The motivating thought behind many such projects is that some of our concepts are defective. But, if to use a defective concept is to do something wrong, and if to do something wrong one must be in control of what one is doing, there might be no defective concepts, since we typically are not in control of our concept use. To address this problem, this paper turns from appraising the concepts (...) we use to appraising the people who use them. First, I outline several ways in which the use of a concept can violate moral standards. Second, I discuss three accounts of moral responsibility, which I call voluntarism, rationalism, and psychologism, arguing that each allows us to find at least some cases where we are responsible for using defective concepts. Third, I answer an objection that because most of our concepts are acquired through processes for which we are not responsible, our use of defective concepts is a matter of bad luck, and not something for which we are responsible after all. Finally, I conclude by discussing some of the ways we may hold people accountable for using defective concepts. (shrink)

Vicarious responsibility is a notoriously puzzling notion in normative reasoning. In this article we will explore two fundamental issues, which we will call the “explication problem” and the “justification problem”. The former issue concerns how vicarious responsibility can plausibly be defined in terms of other normative concepts. The latter issue concerns how ascriptions of vicarious responsibility can be justified. We will address these two problems by combining ideas taken from legal theory and moral philosophy. Our analysis will emphasise the importance (...) of the voluntary involvement of the normative parties considered liable in a relation with other normative parties who causally contributed to a prohibited state-of-affairs. (shrink)

In light of the magnitude of interpersonal harm and the risk of greater harm in the future, Ingmar Persson and Julian Savulescu have argued for pharmacological enhancement of moral behaviour. I discuss moral bioenhancement as a set of collective action problems. Psychotropic drugs or other forms of neuromodulation designed to enhance moral sensitivity would have to produce the same or similar effects in the brains of a majority of people. Also, a significant number of healthy subjects would have to participate (...) in clinical trials testing the safety and efficacy of these drugs, which may expose them to unreasonable risk. Even if the drugs were safe and effective, a majority of people would have to co-operate in a moral enhancement programme for such a project to succeed. This goal would be thwarted if enough people opted out and decided not to enhance. To avoid this scenario, Persson and Savulescu argue that moral enhancement should be compulsory rather than voluntary. But the collective interest in harm reduction through compulsory enhancement would come at the cost of a loss of individual freedom. In general, there are many theoretical and practical reasons for scepticism about the concept and goal of moral enhancement. (shrink)

The aim of this paper is to propose a model for understanding the relation between substance and procedure in discourse ethics and deliberative democracy capable of answering the common charge that they involve an ‘empty formalism’. The expressive-elaboration model introduced here answers this concern by arguing that the deliberative practical rationality presupposed by discourse ethics and deliberative democracy involves the creation of a practical medium in which certain general basic ideas of solidarity, equality and freedom are expressed and elaborated in (...) the context of widespread moral disagreement. In the course of this paper I propose an elucidation of these ideas and argue for the thesis that they are internally related to the endorsement of deliberative practical rationality. The three basic substantive ideas contribute to the determination of the existence, the form, the topics and intended outcomes, and the effects of the practice of public deliberation. This amounts to an elucidatory defense of deliberative practical rationality by explicating its substantive significance or point. Key Words: critical theory • deliberative democracy • discourse ethics • equality • freedom • Jürgen Habermas • practical reason • John Rawls • solidarity • substance and procedure. (shrink)

This article will compare and contrast two very different accounts of convention: the game-theoretical account of Lewis in Convention, and the account initially proposed by Margaret Gilbert (the present author) in chapter six of On Social Facts, and further elaborated here. Gilbert’s account is not a variant of Lewis’s. It was arrived at in part as the result of a detailed critique of Lewis’s account in relation to a central everyday concept of a social convention. An account of convention need (...) not be judged by that standard. Perhaps it reveals the nature of an important phenomenon. Looked at in that light, these very different accounts are not incompatible. Indeed, neither should be ignored if one is seeking to understand the way in which human beings arrive at some degree of social order. (shrink)

This article explores the question: what is it for two or more people to intend to do something in the future? In a technical phrase, what is it for people to share an intention ? Extending and refining earlier work of the author’s, it argues for three criteria of adequacy for an account of shared intention (the disjunction, concurrence, and obligation criteria) and offers an account that satisfies them. According to this account, in technical terms explained in the paper, people (...) share an intention when and only when they are jointly committed to intend as a body to do such-and-such in the future. This account is compared and contrasted with the common approach that treats shared intention as a matter of personal intentions, with particular reference to the work of Michael Bratman. (shrink)

Since it is hard to see how subjective rationality could be normative, a humbler, purely evaluative account of rationality’s importance has been suggested: rationality is a non-moral virtue, and rational action is good so far as it reveals that an agent ‘functions well’. This paper argues, however, that even this fallback position is threatened by ‘eccentric billionaire’ scenarios: sometimes, flouting purported coherence standards of rationality is maximally virtuous. In defense of the virtue account, I argue that a novel view of (...) rational constraints is called for: rationality requires a certain form of higher-order coherence – as considerations about instrumental coherence can show. (shrink)

ABSTRACT Reason, religion, and public culture have been of significant interest recently, with critics reevaluating modernity's conception of secularism and calling for a “postsecular” public discourse. Simultaneously, one sees rising religious fundamentalisms and a growing style of antirationalism in public debate. These conditions make a reconceptualization of public reason necessary. The main goals of this article are to establish agnostic public reason as the conceptual guide and normative ethic for public debate in liberal democracies by considering the secular/religious reason boundary (...) explicitly and to argue that this ethic of public reason requires a commitment to reason giving and a particular epistemic attitude but that it does not, nor should it, take precedence over first-order judgments. An ethics of citizenship based on the process of reason giving with the appropriate epistemic stance might be one step toward rectifying the problem of an increasing separation between enclave publics, even if, by design, it cannot solve fundamental disagreement. (shrink)

One fairly common view about practical reason has it that whether you have a reason to act is not determined by what you know, or believe, or are justified in believing. Your reasons are determined by the facts. Perhaps there are two kinds of reasons, and however it goes with motivating reasons, normative reasons are determined by the facts, not your take on the facts. One fairly common version of this view has it that what's reasonable for you to do (...) is determined by what you know or believe. Any view that drives this kind of wedge between reasons and rationality is inherently unstable. I argue against this view, criticize the arguments typically presented in its favor, and sketch an alternative. (shrink)

_ Source: _Volume 13, Issue 2, pp 135 - 160 A moral theory should tell us something about our obligations to future persons. It is therefore sometimes objected that contractualist moral theories cannot give a satisfactory account of such obligations, as there is little to motivate a contract with persons who can offer us almost nothing in return. I will argue that more recent “relational” forms of contractualism escape these objections. These forms of contractualism do, however, remain vulnerable to Derek (...) Parfit’s non-identity problem. Recent attempts to resolve this problem have looked to the role “generic reasons” and “standpoints” play in contractualist theories. I argue that these views provide an important line of response in cases where the deliberating agent has limited information about the identities of those their actions will affect, but that the non-identity problem is not such a case. I conclude by considering some remaining options for the relational contractualist. (shrink)

Discussions of patient-centred care and patient autonomy in bioethics have tended to focus on the decision-making context and the process of obtaining informed consent, leaving open the question of how patients ought to be counselled in the daily maintenance of their health and management of chronic disease. Patient activation is an increasingly prominent counselling approach and measurement tool that aims to improve patients’ confidence and skills in managing their own health conditions. The strategy, which has received little conceptual or ethical (...) analysis, raises important questions about how clinicians ought to foster confidence and a sense of control in their patients without exposing them to blame, stigma and other harms. In this paper, we describe patient activation, discuss its relationship to personal responsibility, autonomy and health disparities, and make recommendations regarding its use and measurement. (shrink)

This paper argues that morality is objective in a specific sense that accords with a broadly expressivist stance in metaethics. The paper also explains that although there is a kind of subjectivity in moral inquiry, the same holds for other kinds of normative inquiry, including epistemic and even scientific inquiry, and moreover that this kind of subjectivity is no threat to morality’s objectivity. The argument for the objectivity of morality draws strong parallels between ethics, epistemology, and science, but does not (...) depend on equally strong parallels between ethics and mathematics. I argue that there is more to learn from a comparison between ethics and mathematics than I used to think, but the difference between the issues that come up in thinking about objectivity in ethics and those that come up in thinking about objectivity in mathematics is substantial, and we cannot carry over results from the philosophy of mathematics to the case of morality. (shrink)

Abstract: This article explains and motivates an account of one way in which we might have substantive a priori knowledge in one important class of domains: domains in which the central concepts are response-dependent. The central example will be our knowledge of the connection between something's being harmful and the fact that it is irrational for us to fail to be averse to that thing. The idea is that although the relevant responses (basic aversion in the case of harm, and (...) a kind of interpretive failure in the case of irrationality) are produced by independent psychological mechanisms, they have distal causes that turn out to be related in ways that—once language enters the picture—yield epistemically accessible necessary connections between the referents of their corresponding terms. (shrink)

Many contemporary accounts of normative reasons for action accord a single strength value to normative reasons. This paper first uses some examples to argue against such views by showing that they seem to commit us to intransitive or counterintuitive claims about the rough equivalence of the strengths of certain reasons. The paper then explains and defends an alternate account according to which normative reasons for action have two separable dimensions of strength: requiring strength, and justifying strength. Such an account explains (...) our intuitions in the cases that make trouble for single-value views. The justifying/requiring account is compared with two other solutions that have been offered to justify and explain our intuitions about these sorts of cases. These other solutions appeal to the notions of incommensurability of reasons, and to second-order normative entities called `exclusionary permissions'. It is argued that the justifying/requiring distinction provides a superior solution. (shrink)

The numbers problem concerns the question of what is the right thing to do in trade-off cases where one can save different non-overlapping groups of persons, but not everyone. Proponents of mixed solutions argue that both saving the many and holding a lottery to determine whom to save can each be morally right in such cases, depending on the relative sizes of the groups involved. In his book The Dimensions of Consequentialism, Martin Peterson presents an ingenious version of such an (...) approach that avoids a commitment to interpersonal value aggregation, which is highly controversial and rejected by many philosophers for a number of reasons. I criticise Peterson’s proposal by first arguing that it cannot account for the idea that holding a lottery is morally wrong if differences in numbers are very large, and by second pointing out that it relies on implausible assumptions about what is good for an individual. Given the shortcomings of Peterson’s non-aggregationist version of a mixed solution, I next address the issue of how problematic a commitment to interpersonal aggregation really is. To this end, I present an aggregationist version of a mixed solution that is reason-based and bypasses most standard objections to interpersonal value aggregation. I conclude that although there is reason to be optimistic, it remains to be seen whether a mixed solution can be worked out in a fully satisfying way. (shrink)

Alan Goldman’s Reasons from Within is one of the most thorough recent defenses of what might be called ‘orthodox internalism’ about practical reasons. Goldman’s main target is an opposing view that includes a commitment to the following two theses: (O) that there are such things as objective values, and (E) that these values give rise to external reasons. One version of this view, which we can call ‘orthodox externalism’, also includes a commitment to the thesis (I) that rational people will (...) be motivated by any reason they have of which they are aware. Goldman himself embraces (I), and deploys it frequently in his criticisms of orthodox externalism. But there is logical space for an externalist view that includes a commitment to (O) and (E), but that denies (I). The resulting “hyperexternalist” view holds that some reasons need not motivate us, even if we are rational. In this paper I argue that Goldman’s criticisms of orthodox externalism leave hyperexternalism untouched, and that his specific criticisms of my own version of hyperexternalism do not work. In light of Goldman’s criticisms of orthodox externalism and my own criticisms of Goldman’s view, hyperexternalism emerges as the favored option. (shrink)

This paper presents an Anscombian alternative to the traditional deontic conception of ought. According to the Anscombian conception of ought developed here, ought is general as opposed to ‘peculiarly moral’, norm-referring instead of law- or obligation-referring, and ‘heroic’ in the sense that it does not presuppose that individuals can do or be as they ought. Its connection to matters of fact can, moreover, be clearly stated. In the first part of the paper, I describe some significant logical characteristics of this (...) conception, and argue that it provides a more suitable account of the oughts of ethics as compared to the deontic conception. One particular strength of the Anscombian conception of ought is that it does justice to the possibility of tragedy in human life, where tragedy is understood as the possibility that a thoroughly well-intentioned individual might sometimes ensure her own moral imperfection, precisely by doing what is morally right or best at every step along the way. To motivate this feature of the view, I sketch a corresponding picture of responsibility for actions in terms of ownership of one’s deeds. This conception of responsibility allows that what one ought to do is not always constrained by what one can do, while saving the intuitions about fairness and the practical scope of moral norms that principally motivate ‘ought implies can’. To illustrate and motivate the overall account I discuss a number of cases, including the character Winston from George Orwell’s 1984. (shrink)

There is disagreement among contemporary theorists regarding human well-being. On one hand there are “substantive good” views, according to which the most important elements of a person’s well-being result from her nature as a human, rational, and/or sentient being. On the other hand there are “agent-constituted” views, which contend that a person’s well-being is constituted by her particular aims, desires, and/or preferences. Each approach captures important features of human well-being, but neither can provide a complete account: agent-constituted theories have difficulty (...) accounting for the normativity of their claims, and substantive good theories have difficulty accounting for how a person’s actually adopted aims shape what is good for her and hence what she has reason to do. I articulate and defend a hybrid view that equals these approaches in systematicity and completeness of explanation yet seeks to surpass them in coherence with our ordinary judgments about what human well-being consists in. This hybrid view maintains, with agent-constituted theories, that a person’s well-being is (1) significantly constituted by her actually adopted aims; (2) deeply contingent; (3) agent-relative; (4) significantly dependent on spatially and temporally remote events; and (5) significantly independent of her experiences. The hybrid view also maintains, with substantive good theories, that a person’s well-being is (6) in part determined by facts independent of her aims, desires, and preferences; (7) such that all her aims are subject to critical evaluation and revision; and (8) constituted by her aims only if these aims are choiceworthy. (shrink)

Philosophers have applied the framework of constitutive grounds to make sense of the disagreement between subjectivism and objectivism. The framework understands the two theories as being involved in a disagreement about the extent to which value is determined by attitudes. Although the framework affords us with some useful observations about how this should be interpreted, the question how value can be determined by attitudes in the first place is left largely unanswered. Here we explore the benefits of a positive interpretation (...) which aims to address this oversight and make the framework more informative. This interpretation, which is inspired by the recent work of Schroeder and Sobel, claims that the relevant sense in which value can be determined by attitudes is discovered by seeing how facts can be endowed with the normative property of being a reason. We argue that this interpretation significantly deepens our understanding of the disagreement between subjectivism and objectivism. (shrink)

Recently there has been a somewhat surprising interest among Kantian theorists in the moral standing of animals, coupled with a no less surprising optimism among these theorists about the prospect of incorporating animal moral standing into Kantian theory without contorting its other attractive features. These theorists contend in particular that animal standing can be incorporated into Kantian moral theory without abandoning its logocentrism: the claim that everything that is valuable depends for its value on its relation to rationality. In this (...) essay I raise doubts about the prospects for accommodating animal moral standing within a logocentric Kantianism. I argue instead that the best way to incorporate animal moral standing into Kantian theory is to admit more radical departures from Kant’s position by maintaining that consciousness is a locus of moral standing independent from rationality. I propose that we should attribute moral standing to all conscious animals because the capacity of consciousness is the criterion distinguishing individuals whose well-being generates reasons from individuals whose well-being fails to do so. We need such a criterion because we speak of the well-being of things, such as artifacts and meteorological phenomena, which clearly lack moral standing. Having already argued against the Kantian view that the criterion of moral standing is rationality, I proceed to argue that consciousness is also superior to its other principal rival for the criterion of moral standing: life. On the view that emerges from this discussion, we have obligations to show concern for conscious individuals by treating their well-being as providing us with reasons for action; the view thus endorses the criterion of moral standing typically advanced by utilitarians. On this view we also have a distinct class of obligations to show respect for conscious rational individuals; the view thus endorses the Kantian claim that persons have a distinctive moral status in virtue of their possession of rational capacities. In this essay thus begin to show how a principal insight of each leading approach to modern moral theory may be captured in a unified theory. (shrink)

Bioethicists invoke a duty to rescue in a wide range of cases. Indeed, arguably, there exists an entire medical paradigm whereby vast numbers of medical encounters are treated as rescue cases. The intuitive power of the rescue paradigm is considerable, but much of this power stems from the problematic way that rescue cases are conceptualized—namely, as random, unanticipated, unavoidable, interpersonal events for which context is irrelevant and beneficence is the paramount value. In this article, I critique the basic assumptions of (...) the rescue paradigm, reframe the ethical landscape in which rescue obligations are understood, and defend the necessity and value of a wider social and institutional view. Along the way, I move back and forth between ethical theory and a concrete case where the duty to rescue has been problematically applied: the purported duty to regularly return incidental findings and individual research results in genomic and genetic research. (shrink)

El presente artículo propone algunas objeciones contra la concepción deliberativa de la democracia desarrollada por Carlos Nino. El blanco central de las objeciones es la tesis del filósofo argentino según la cual el valor del debate democrático derivaría, fundamentalmente, de sus virtudes epistémicas, es decir, de su capacidad para elevar las probabilidades de que el sistema político tome las decisiones correctas. Se cuestiona el modo en que el autor presenta su propuesta como una forma de superar las deficiencias que presentarían (...) las concepciones de John Rawls y Jürgen Habermas en el campo de la epistemología moral. Se intentará demostrar que el modelo de deliberación defendido por Nino no resulta aplicable a un contexto de pluralismo razonable filosófico, religioso y moral como el que resulta característico de las democracias liberales contemporáneas. Por último, se ofrece el esbozo de una concepción alternativa, práctica y moral, no epistémica, del valor de los procedimientos democráticos y de la naturaleza de la legitimidad política. This paper posits some objections against the deliberative conception of democracy developed by Carlos Nino. According to Nino, the value of democratic deliberation lies, basically, in its epistemic virtues. Public deliberation increases the probability that the political system will arrive at the correct decisions. We shall argue that the Argentinean philosopher fails to prove that his proposal is a solution to purported weaknesses in John Rawls’ and Jürgen Habermas’ positions in the field of moral epistemology. We shall try to demonstrate that the conception of deliberation posited by nino cannot be applied successfully in the context of moral, philosophical or religious reasonable pluralism that characterizes liberal contemporary democracies. Finally, we offer an outline of an alternative conception -practical and moral, non epistemic- of the value of democratic procedures and about the nature of political legitimacy. (shrink)