Simon Blackburn has shown that there is an analogy between the problem of moral motivation in ethics (how can moral reasons move us?) and the problem of what we might call the power of logical reasons (how can logical reasons move us, what is the force of the 'logical must?'). In this paper, I explore further the parallel between the internalism problem in ethics and the problem of the power of logical reasons, and defend a version of psychologism about reasons, (...) although not one of the Humean form. I discuss two forms of cognitivism: (i) a pure cognitivism and 'hard' realism modelled after Dancy's parallel conception in ethics: when we grasp logical reasons we grasp facts, which are directly known to us; (ii) a Kantian form of cognitivism, based on the idea that compulsion by reason goes with the capacity of reflection. I argue that (i) is implausible, and that (ii) fails to meet the internalist requirement. One would then seem to be left with what Dancy calls, about practical reasoning, psychologism about reasons. I sketch what might be such a psychologism. But it fails to account for the objectivity of logical reasons. I argue that the relevant state here is a form of dispositional knowledge of logical reasons. (shrink)

Normative accounts of the correctness of belief have often been misconstrued. The norm of truth for belief is a constitutive norm which regulates our beliefs through ideals of reason. I try to show that this kind of account can meet some of the main objections which have been raised against normativism about belief: that epistemic reasons enjoy no exclusivity, that the norm of truth does not guide, and that normativism cannot account for suspension of judgement.

There are mental actions, and a number of epistemic attitudes involve activity. But can there be epistemic agency? I argue that there is a limit to any claim that we can be epistemic agents, which is that the structure of reasons for epistemic attitudes differs fundamentally from the structure of reasons for actions. The main differences are that we cannot act for the wrong reasons although we can believe for the wrong reasons, and that reasons for beliefs are exclusive in (...) a sense in which our reasons for actions are not. Epistemic agency is possible in the weak sense that we can be active, but not in the strong one in which we could have some elbow room for our epistemic reasons in reasoning leading to beliefs and other epistemic states. (shrink)

This article discusses the arguments against associating epistemic responsibility with the ordinary notion of agency. I examine the various 'Kantian' views which lead to a distinctive conception of epistemic agency and epistemic responsibility. I try to explain why we can be held responsible for our beliefs in the sense of obeying norms which regulate them without being epistemic agents.

Normative accounts of the correctness of belief have often been misconstrued. The norm of truth for belief is a constitutive norm which regulates our beliefs through ideals of reason. I try to show that this kind of account can meet some of the main objections which have been raised against normativism about belief: that epistemic reasons enjoy no exclusivity, that the norm of truth does not guide, and that normativism cannot account for suspension of judgement.

This article reviews and criticizes Joseph Heath’s market failures approach (MFA) to business ethics. Our criticism is organized into three sections. First, we argue that, even under the ideal assumptions of perfect competition, when markets generate Pareto-efficient distributions, Heath’s approach does not rule out significant harms. Second, we show that, under nonideal conditions, the MFA is either too demanding, if efficiency is to be attained, or not sufficiently demanding, if the goal of Pareto efficiency is abandoned. Finally, we argue that (...) Heath’s appeal to regulations and specific moral requirements as a remedy for market failures is unlikely to safeguard efficiency and exposes a number of general worries regarding the moral force of the MFA. We end this article with a constructive suggestion on how to adjust the MFA to avoid these problems while preserving its contractualist and Paretian spirit. (shrink)

The hoary philosophical tradition of hedonism – the view that pleasure is the basic ethical or normative value – suggests that it is at least reasonably and roughly intuitive. But philosophers no longer treat hedonism that way. For the most part, they think that they know it to be obviously false on intuitive grounds, much more obviously false on such grounds than familiar competitors. I argue that this consensus is wrong. I defend the intuitive cogency of hedonism relative to the (...) dominant desire-based and objectivist conceptions of well-being and the good. I argue that hedonism is still a contender, and indeed that our current understanding of commonsense intuition on balance supports it. (shrink)

Within bioethics, Kant’s conception of autonomy is often portrayed as excessively rationalistic, abstract, and individualistic, and, therefore, far removed from the reality of patients’ needs. Drawing on recent contributions in Kantian philosophy, we argue that specific features of Kantian autonomy remain relevant for medical ethics and for patient experience. We use contemporary end-of-life illness narratives—a resource that has not been analyzed with respect to autonomy—and show how they illustrate important Kantian themes, namely, the duty to know oneself, the interest in (...) elaborating universalizable principles, and the emphasis on ideals as points of orientation that guide behavior without ever being fully realized. As Kant does, the patient-authors discussed here perceive the end of life as a moment to reflect on the constitutive principles which have governed that life, thereby offering a privileged moment to pursue self-knowledge. We argue that bioethical conceptions of autonomy stand to gain if they revise their conception of Kantian moral philosophy as too formal, abstract, and detached from emotions and personal relationships to be helpfully applied. (shrink)

In this paper, I will critique Paul Draper’s recent model of God’s motivational structure, according to which God can make hard choices. I will argue that this model illegitimately treats value in a purely teleological way, as something to be promoted. Following T.M. Scanlon’s work on value theory, when we consider the fact that value is to be respected rather than merely promoted, this realization will significantly foreclose on the possible cases in which hard choices can conceivably be made by (...) God. Most importantly, I challenge the idea that God can face hard choices between aesthetic and moral value in the way Draper suggests. (shrink)

According to rationalist conceptions of moral agency, the constitutive capacities of moral agency are rational capacities. So understood, rationalists are often thought to have a problem with feeling. For example, many believe that rationalists must reject the attractive Aristotelian thought that moral activity is by nature pleasant. I disagree. It is easy to go wrong here because it is easy to assume that pleasure is empirical rather than rational and so extrinsic rather than intrinsic to moral agency, rationalistically conceived. Drawing (...) on underappreciated elements of Kant’s moral psychology, I sketch an alternative form of rationalism, according to which moral activity is by nature pleasant because at least some pleasures are by nature rational. (shrink)

According to many of its advocates, one of the main attractions of Kantian moral philosophy is its metaethical innocence. The most interesting argument for such innocence appeals to Kantians' rationalism. Roughly, if moral action is simply rational action, then we do not need to appeal to anything beyond rationality to certify moral judgment. I assess this argument by reflecting on (dis)analogies between moral and logical forms of rationalism. I conclude that the Kantian claim to metaethical innocence is overstated. Kantians cannot (...) avoid substantial metaethical commitments. Or if they can, it is not their rationalism that explains why this is so. (shrink)

I argue that trustworthiness is an epistemic desideratum. It does not reduce to justified or reliable true belief, but figures in the reason why justified or reliable true beliefs are often valuable. Such beliefs can be precarious. If a belief's being justified requires that the evidence be just as we take it to be, then if we are off even by a little, the belief is unwarranted. Similarly for reliability. Although it satisfies the definition of knowledge, such a belief is (...) not trustworthy. We ought not use it as a basis for inference or action and ought not give others to believe it. The trustworthiness of a belief, I urge, depends on its being backed by reasons—considerations that other members of the appropriate epistemic community cannot reasonably reject. Trustworthiness is intersubjective. It both depends on and contributes to the evolving cognitive values of an epistemic community. (shrink)

Nietzsche often appears, especially in his writings from the middle period, to endorse psychological egoism, namely the claim that all actions are motivated by, and are for the sake of, the agent’s own self-interest. I argue that Nietzsche’s position in Human, All Too Human should not be so understood. Rather, he is claiming, more weakly and more plausibly, that no action is entirely unegoistic, entirely free of egoistic motivations. Thus some actions might be motivated both by egoistic and unegoistic motives, (...) on his view. Nietzsche’s argument may, in other words, be understood to be directed specifically against Schopenhauer’s portrayal of moral motivation, as pure, entirely unalloyed altruism, to show that this sort of action is impossible, not to rule out the possibility of any altruistic motive whatsoever. In light of Schopenahuer’s moral psychology, to which Nietzsche to some extent adhered at that time, I develop a concept of motivation and reconstruct Nietzsche’s argument. (shrink)

Recent literature on responsibility-sensitive egalitarianism has suggested that an opposition to unchosen inequality on the grounds of unfairness is compatible with a range of accounts as to which inequalities are fair. I argue that forms of responsibility-sensitive egalitarianism face a challenge in the construction of such accounts; namely to explain the fairness of such inequalities specifically, as opposed to their being merely justified in a broader sense. I illustrate the nature of this challenge through an interesting parallel with an issue (...) in value theory in the form of the so-called ‘wrong kind of reason’ problem. (shrink)

Professor Walen’s book rejects the familiar argument of “double effect,” namely the doctrine that an action that knowingly causes the death of another person cannot be justified merely by its good consequences but only by its good intentions. Professor Walen offers a rival argument. He proposes that we rethink the killing of non-combatants in war on the basis of a theory of “the mechanics of claims” so that the intentional killing of civilians may be occasionally permissible. Such targeting of civilians (...) may be justified, according to the book’s argument, by the aim of eliminating the threat that these civilians may pose—innocently or not—to other persons. In these circumstances, it will not only be permissible, but it would also be a matter of right to kill civilians, which would be derived from a balancing of “claims.” The argument is impressively made but is ultimately unconvincing. All the decisive questions appear to be matters of a balance of “goodness.” The “mechanics of claims” organizes a structure of welfare values that ultimately work as a proxy for act-utilitarianism. As a result, the argument is open to well-known objections regarding justice and the separateness of persons. (shrink)

In ‘Avoiding the Myth of the Given’, McDowell revisits the main themes of Mind and World in order to make two important corrections: first, he does not longer believe that the content of perceptual...

Epistemology, as I understand it, is a branch of philosophy especially concerned with general questions about how we can know various things or at least justify our beliefs about them. It questions what counts as evidence and what are reasonable sources of doubt. Traditionally, episte-mology focuses on pervasive and apparently basic assumptions covering a wide range of claims to knowledge or justified belief rather than very specific, practical puzzles. For example, traditional epistemologists ask “How do we know there are material (...) objects?” and not “How do you know which are the female beetles?” Similarly,moralepistemology, as I understand it, is concerned with general questions about how we can know or justify our beliefs about moral matters. Its focus, again, is on quite general, pervasive, and apparently basic assumptions about what counts as evidence, what are reasonable sources of doubt, and what are the appropriate procedures for justifying particular moral claims. (shrink)

Is an outcome where many people are saved and one person dies better than an outcome where the one is saved and the many die? According to the standard utilitarian justification, the former is better because it has a greater sum total of well-being. This justification involves a controversial form of moral aggregation, because it is based on a comparison between aggregates of different people's well-being. Still, an alternative justification—the Argument for Best Outcomes—does not involve moral aggregation. I extend the (...) Argument for Best Outcomes to show that any utilitarian evaluation can be justified without moral aggregation. (shrink)

Human-wildlife interactions frequently lead to conflicts – about the fair use of natural resources, for example. Various principled accounts have been proposed to resolve such interspecies conflicts. However, the existing frameworks are often inadequate to the complexities of real-life scenarios. In particular, they frequently fail because they do not adequately take account of the qualitative importance of individual interests, their relative importance, and the number of individuals affected. This article presents a limited aggregation account designed to overcome these shortcomings and (...) thus to facilitate decision-making in real-world human-wildlife conflicts. (shrink)

In his 2014 paper entitled “Reason, Rationality and Fiduciary Duty”, Lydenberg ventures into the field of the moral and political philosophy dealing with distributive justice in search of fresh perspectives on fiduciary duty. Simply by doing this, Lydenberg makes the very important contribution of drawing a little more attention to the potential that this huge field of study might have in relation to understanding socially responsible investment. There are however difficulties with Lydenberg’s paper. I describe three in particular that I (...) believe warrant critical attention. The first emerges out of Lydenberg’s treatment of the central concepts of reasonableness and rationality. The second lies in his apparent suggestion that at some earlier time fiduciary duty was somehow more generally other-considering than it is today. And finally, the third is associated with the place that impartiality occupies in Lydenberg’s storyline, and the implications of this in terms of his call for a reconciliation between reasonableness and rationality. This critical scrutiny clarifies theoretical and practical implications of the transition Lydenberg is suggesting. In doing this, it makes the realization that what Lydenberg is attempting is more than likely nothing short of resolving “The fundamental problem of ethics and politics” in the specific context of fiduciary action. (shrink)

I argue that unfortunate formative circumstances do not undermine the warrant for either responsibility or blame. I then diagnose the tendency to think that formative circumstances do matter in this way, arguing that knowledge of these circumstances can play an essential epistemic role in our interpersonal interactions.

Secular arguments for equal and exclusively human worth generally tend to follow one of two strategies. One, which has recently gained renewed attention because of a novel argument by S. Matthew Liao, aims to directly ground worth in an intrinsic property that all humans have in common, whereas the other concedes that there is no morally relevant intrinsic difference between all humans and all other animals, and instead appeals to the membership of all humans in a special kind. In this (...) article, I argue that both strategies necessitate drawing a line that is both arbitrary and implausibly opens a moral gulf between individuals whose difference from one another in terms of empirical reality is entirely unremarkable, providing reasons to reject them that go beyond the standard objections in the literature. I conclude that, if all humans are to be included in the community of equals, we must lay to rest the idea that we can do so without also including a wide range of non-human animals. (shrink)

Although the managerial practice of cheating spans complex and heterogeneous situations, most business ethics scholars consider that the very idea of cheating is indefensible on moral grounds, and quickly dismiss it as wrongdoing. This paper proposes to fine-tune this conventional moral assessment by arguing that some forms of cheating can be justified—or at least excused. To do so, it starts with a value-free definition of cheating that covers a wide diversity of situations: “breaking the rules while deliberately leading or allowing (...) others to think they have been respected.” While using this definition at the metaethical level, the paper contends that the moral assessment of cheating depends on the obligation to comply with the rules. There are rules which do not entail moral obligations, and there are special circumstances where other more important obligations override the obligation to comply with the rules. Furthermore, the paper argues that respecting the penalty rules also influences the moral assessment of cheating on the rules. The key interest of this endeavor lies in contributing to building a more solid theoretical framework for the study of cheating in management, which may replace our common prejudices and basic intuitions on this matter. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

Some argue that libertarianism represents the riskier incompatibilist view when it comes to the free will problem. An ethically cautious incompatibilist should bet that we are not free in the sense required for moral responsibility, these theorists claim, as doing so means that we no longer run the risk of holding the morally innocent responsible. In this paper, I show that the same reasoning also advises us to bet against compatibilism. Supposing that we are unsure about whether or not the (...) causal order of the world is compatible with the kind of freedom that is required for moral responsibility, an ethically cautious approach would once again bet that hard incompatibilism is true. (shrink)

This paper looks at the phenomenon of ethical vagueness by asking the question, how ought one to reason about what to do when confronted with a case of ethical vagueness? I begin by arguing that we must confront this question, since ethical vagueness is inescapable. I then outline one attractive answer to the question: we ought to maximize expected moral value when confronted with ethical vagueness. This idea yields determinate results for what one rationally ought to do in cases of (...) ethical vagueness. But what it recommends is dependent on which substantive theory of vagueness is true; one can't draw conclusions about how to reason about vagueness in ethics in the absence of concrete assumptions about the nature of vagueness. (shrink)

Firms possessing a unique competency to rescue the victims of a human catastrophe have a minimum moral obligation to devote substantial resources toward best efforts to aid the victims. The minimum amount that firms should devote to rescue is the largest sum of their most recent year’s investment in social initiatives, their five-year trend, their industry’s average, or the national average. Financial exigency may justify a lower level of investment. Alternative social investments may be continued if they have an equally (...) compelling rationale. These duties apply to the global pharmaceutical companies in the context of the AIDS pandemic in sub-Saharan Africa. (shrink)

I attempt to provide a new answer to the enduring question of why people take the acute risks of climbing mountains. In so doing, I aim to explain, but not necessarily justify, participation in suc...

In this article thinking on corporate social responsibility is compared with the dominant political theory of the market: theneoclassical theory. The comparison shows that thinking on CSR fundamentally collides with that theory. For example, their respectivenormative views on man are incompatible, as are their respective views on the modus operandi of the market. Given that CSR is desirable it follows that a new political theory of the market is needed. This article suggests some initial steps toward developing that new political (...) theory of the market. For example, it defends the proposition that the neoclassical idea of the market as a harmonic sphere must be replaced by the idea of the market as a fragile system. (shrink)

Liberalist thinking argues that moral agents have a right to pursue an ordinary life. It also insists that moral agent can be bystanders. A bystander is involved with morally bad states of affairs in the sense that they are bound by moral duty, but for a non-blameworthy reason. A common view on the morality of commercial life argues that commercial agents cannot and ought not to assume the status of bystander, when confronted with child labor, pollution, or other overwhelmingly big (...) morally bad states of affairs. According to the common view, the agent will get overdemanded. In this paper, the overdemandingness charge is interpreted as a criticism of the liberalist position. According to this charge, bystander status must be given up in the market because otherwise the right to pursue a personal life is crushed. In this paper, we demonstrate that the overdemandingness charge fails. It does not make sense if bystander status is grounded in the duty of beneficence. It would make sense if the status were grounded in the duty of rescue but that duty does not apply in relation to oMBS. The condition of ‘subjective urgency’ is not fulfilled. Hence, liberalist thinking can withstand the charge of overdemandingness and commercial agents cannot assume a right never to acknowledge bystander status. (shrink)

In latter-day discussions on corporate morality, duties of commission are fiercely debated. Moral institutionalists argue that duties of commission—such as a duty of assistance—overstep the boundaries of moral duty owed by economic agents. " Moral institutionalism" is a newly coined term for a familiar position on market morality. It maintains that market morality ought to be restricted, excluding all duties of commission. Neo-Classical thinkers such as Baumol and Homann defend it most eloquently. They underpin their position with concerns that go (...) to the core of liberalism—the dominant western political theory that sustains the ideals of both the free market and the free, rational person. Those authors claim that liberalism calls for a fully differentiated market because it resents the politicization of the market. Fully differentiated markets exclude duties of commission. They also claim that full differentiation of the market closes the troublesome gap between moral motivation and moral virtue. Full differentiation redeems the promise of "easy virtue". In this paper moral institutionalism will be rejected from a Kantian point of view, mostly inspired by Herman's thesis on the invisibility of morality. Liberalism may perhaps ban the politicization of the market; it does not forbid its moralization. The idea of a fully differentiated market must also be rejected because it is either morally over-demanding (to the morally autonomous person) or morally hazardous (to the person with failing moral motivation). Contrary to what the moral institutionalists claim, right action, morally, is actually quite difficult in fully differentiated markets. (shrink)

Some critics raise moral objections against corporate social responsibility on account of its supposedly undemocratic nature. Theyargue that it is hard to reconcile democracy with the private discretion that always accompanies the discharge of responsibilities that are not judicially enforceable. There are two ways of constructing this argument: the “perfect-market argument” and the “social-power argument.” This paper demonstrates that the perfect-market argument is untenable and that the social-power argument is sometimes valid. It also asserts that the proponents of the perfect-market (...) argument are mistaken in their assumption that perfect markets are conducive to democracy. There are strong reasons to hold that perfect markets are undesirable from a democratic point of view. A proper conceptualization and differentiation of the relation between “the private and the public” can make this clear. The proponents of the social-power argument sometimes maintain that the democratic deficit can be compensated for by consulting the stakeholdersaffected. Against this, I will argue that the social power argument has nothing to offer affected parties. Still, it will be shown that moderntheory on corporate social responsibility is not well accommodated to the democratic deficit as revealed by the social power argument. (shrink)

'Corporate Social Responsibility (CSR) is conceptualized in many ways. We argue that one cannot be indifferent about the issue of its conceptualization. In terms of methodology, our position is that any conceptual discussion must embed CSR in political theory. With regard to substance, we link up with the discussion on whether CSR must be defined on the basis of a tripartite or a quadripartite division of business responsibilities. We share A. B. Carroll's intuition that a quadripartite division is called for (...) as a basis to define CSR. However, defending the quadripartite division of business responsibilities requires that the distinctions between economic, legal, ethical and discretionary business responsibilities be made intelligible. Carroll's account is defective in this respect. We argue that contemporary Neo-Kantian political ethics is able to make sense of these distinctions, because of its specific interpretation of liberalism. Interestingly, from a conventional liberal perspective this interpretation of liberalism is atypical, as it extends public morality beyond the domain of the law. (shrink)

I argue that we can reason not only to new beliefs but to basically any change in attitude we can think of, including the abandonment of belief (contra John Broome), the acquisition of non-belief attitudes like relief and admiration, and the elimination of the same. To argue for this position, which I call generalism, I defend a sufficient condition on reasoning, roughly that we can reason to any change in attitude that is expressed by the conclusion of an argument we (...) can be convinced by. I then produce examples of such arguments, and argue that they are indeed arguments. To produce such examples of the elimination of non-doxastic attitudes, I develop the idea of a state of attitudinal constraint acceptance, and show how it is useful for solving this problem, and useful in other parts of philosophy as well. (shrink)

In his stimulating recent book Reasons without Persons, Brian Hedden develops a novel theory of rationality that he calls Time-Slice Rationality. One of the main theses of TSR is that all rational requirements are synchronic. We argue here first that this thesis is not well-motivated. We also demonstrate that Hedden is in fact committed to an even stronger claim about the rationality of an agent at a time. Finally, we provide some arguments against the conception of rationality that results from (...) this stronger claim. (shrink)

Theories of practical reason must meet a psychological requirement: they must explain how normative practical reasons can be motivationally efficacious. It would be pointless to claim that we are subject to normative demands of reason, if we were in fact unable to meet those demands. Concerning this requirement to account for the possibility of rational motivation, internalist approaches are distinguished from externalist ones. I defend internalism, whilst rejecting both ways in which the belief‐desire model can be instantiated. Both the Humean (...) and the Kantian instantiation of that model fail to account for the internal connection between normative and motivating reasons required by internalism. The two classes of reasons rather come to be seen as mutually exclusive. Opposing the belief‐desire model, I argue that rational motivation can only be established by reference to emotion. Emotions are affective perceptions. They have motivational force so that they can contribute to the explanation of action. At the same time they can rationalise actions because they have an intentional content which resembles the content of sensory perception in being representational. Because of this, the emotions can noninferentially justify judgements, which in turn can justify actions. I conclude by outlining the Aristotelian account of practical reason and ethics that emerges from integrating the emotions into practical reasoning. Doing the right thing is much more a matter of seeing things right than of drawing the right inferences. Seeing things right, in its turn, is not only to justify an action: it necessarily implies to be motivated to act accordingly. (shrink)

I discuss two ways in which emotions explain actions: in the first, the explanation is expressive; in the second, the action is not only explained but also rationalized by the emotion's intentional content. The belief-desire model cannot satisfactorily account for either of these cases. My main purpose is to show that the emotions constitute an irreducible category in the explanation of action, to be understood by analogy with perception. Emotions are affective perceptions. Their affect gives them motivational force, and they (...) can rationalize actions because, like perception, they have a representational intentional content. Because of this, an emotion can non-inferentially justify a belief which in its turn justifies or rationalizes an action; so emotions may constitute a source of moral knowledge. (shrink)

On some popular accounts of promissory obligation, a promise creates an obligation to the person to whom the promise is made . On such accounts, the wrong involved in breaking a promise is a wrong committed against a promisee. I will call such accounts ‘directed obligation’ accounts of promissory obligation. While I concede that directed obligation accounts make good sense of many of our promissory obligations, I aim to show that directed obligation accounts, at least in their current forms, cannot (...) accommodate an obligation to keep deathbed promises. While the term 'deathbed promise' refers to any promise made to a person who is dying, I focus specifically on deathbed promises which will not, or even cannot, be fulfilled until after the promisee's death. In what follows, I examine two prominent types of directed obligation account: rights-based accounts, which argue that a promissory obligation is a directed obligation because a promise gives the promisee certain rights, and harm accounts, which argue that a promissory obligation is a directed obligation because a promise puts the promisee in a special position to be harmed. I argue that neither version can accommodate an obligation to keep deathbed promises. (shrink)

I attempt to describe the several costs that criminal theory would be forced to pay by adopting the view (currently fashionable among moral philosophers) that the intentions of the agent are irrelevant to determinations of whether his actions are permissible (or criminal).

Politics, Philosophy & Economics, Volume 21, Issue 4, Page 393-414, November 2022. Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the “Constraint Principle.” According to this principle, someone's consent to a sexual (...) encounter lacks justificatory force if they are consenting because withholding consent has an adverse feature, they are entitled to withhold consent without it being the case that withholding consent has this adverse feature; and it is not the case that the consent-giver has sincerely expressed that, out of the options that are available to their sexual partner, they most prefer to go through with the sexual encounter in the circumstances. (shrink)

In Wrongs and Crimes, Victor Tadros clarifies the debate about whether consent needs to be communicated by separating the question of whether consent requires expressive behaviour from the question of whether it requires “uptake” in the form of comprehension by the consent-receiver. Once this distinction is drawn, Tadros argues both that consent does not require uptake and that consent does not require expressive behaviour that provides evidence to the consent-receiver. As a result, Tadros takes the view that consent requires an (...) attempt to communicate, but nothing more. While I have found Tadros’s arguments for this conclusion intriguing and challenging, I am yet to be persuaded by them. In this essay, I try to say why. (shrink)

There is widespread agreement among philosophers about the Mens Rea Asymmetry (MRA), according to which praise requires intent, whereas blame does not. However, there is evidence showing that MRA is descriptively inadequate. We hypothesize that the violations of MRA found in the experimental literature are due to what we call “moral compositionality,” by which we mean that people evaluate the component parts of a moral problem separately and then reach an overall verdict by aggregating the verdicts on the component parts. (...) We have subjected this hypothesis to the test and here report the results of our experiment. We explore several explanations of the experimental findings and conclude that they present a puzzle to moral theory. (shrink)