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)

Are professional roles bound by the norms of ordinary morality? This article begins with a discussion of two existing models that give contrary answers to this question; the practice model detaches professional ethics from ordinary morality, while the translation model denies any real divergence. It is argued that neither model can give a satisfying account of how professional roles ground distinct claims that are morally authoritative. The promise model is articulated and defended, wherein the obligations of professional roles are grounded (...) in an act of self-binding by the profession; the public is the promisee, and thereby entitled to make role-dependent claims. This model retains a connection to ordinary morality, but does not reduce role authority to individual conscience. Legitimate promises bind the role holder even in the face of moral disagreement. (shrink)

This paper discusses the relationship between justice and identity. While it is widely agreed that justice requires us to go beyond loyalty to our simplest identity – being just oneself – there is less common ground on how far we must go beyond self-centredness. How relevant are group identities to the requirements of justice, or must we transcend those too? The author draws attention to the trap of confinement to nationality and citizenship in determining the requirements of justice, particularly under (...) the social-contract approach, and also to the danger of exclusive concentration on some other identity such as religion and race. He concludes that it is critically important to pay attention to every human being's multiple identities related to the different groups to which a person belongs; the priorities have to be chosen by reason, rather than any single identity being imposed on a person on grounds of some extrinsic precedence. Justice is closely linked with the pursuit of impartiality, but that pursuit has to be open rather than closed, resisting closure through nationality or ethnicity or any other allegedly all-conquering single identity. Christian List. (shrink)

In this paper, I defend a metaethical position described as ‘actual agreement contractualism’: the view that norms arise from actual attempts to arrive at legitimate terms for social cooperation among all those affected. I distinguish the actual agreement approach from hypothetical approaches to contractualism, and defend the former against objections from Thomas Scanlon, in particular. The attractiveness of a focus on actual agreements, I argue, is seen in the way it resolves problems internal to the hypothetical approach as well as (...) in its implications for the purpose of moral theory and for the obligation to justify our actions to others.Dans cet article, je défends une position métaéthique pouvant être désignée comme «contractualisme de l’accord réel», soit la position voulant que les normes découlent d’efforts réels pour s’entendre sur les termes légitimes de la coopération sociale entre tous ceux qui sont touchés. Je distingue cette approche des approches hypothétiques du contractualisme et je défends la première, notamment contre les objections de Thomas Scanlon. L’attrait d’une approche basée sur les accords réels se voit dans la façon dont elle permet de résoudre certains problèmes internes de l'approche hypothétique, mais aussi dans ce qu’elle implique quant à l'objet de la théorie morale et quant à l'obligation de justifier nos actions auprès des autres. (shrink)

Thinking and using a language are two different but similar activities. Thinking about thinking and thinking about language use have been two major strands in the history of philosophy. One of the principal similarities is that they are both rational activities. As a result, the ability to think and the ability to use a language require being able to recognise and respond to reasons. However, there is a further feature of these activities: we humans are able to have explicit knowledge (...) of how those activities work and what is done by performances in those activities. Thus, theorists face at least two constraints: 1. An account of a rational activity must be compatible with the possibility of agents engaging in that activity. 2. Having described an activity, it must be possible to have knowledge of an activity which is correctly described like that. There are a variety of accounts of how thinking works and how using a language works, and further variation in accounts of what is involved in explicit understanding of particular performances. These accounts can be distinguished by their views of the nature of the reasons that govern performances in that activity and by their views of the way a description of the activity relates to the way the activity proceeds. I argue that any description of thinking or language use requires showing how the truth conditions of thoughts/sentences are determined, and how the truth values of thoughts/sentences affects the way the activity proceeds. I then argue that in order to have explicit knowledge of what we do, truth has to be a substantial evaluative property of uses of language, and furthermore a truth conditional theory of meaning has to be taken as the description of the rationality of using a language. The big result is that, because in understanding language we understand truth, the philosophy of language is first philosophy. (shrink)

ABSTRACT:If an employee is committed to his firm—if he is “attached” or “bound” to it—then his firm may be able to obtain a discount on his labor. This paper asks: Is it wrong for firms to do so? If we understand just or fair pay solely in terms of voluntary agreements between employers and employees, the answer seems to be ‘no.’ Against this, I argue that, in some cases, it is ‘yes.’ In particular, it is wrong for firms to try (...) to obtain discounts on their committed employees’ labor when their employees reasonably expect that they will not try to obtain them. In the process, I probe the limits of exploitation and question the relevance of contribution to fairness in compensation. (shrink)

This paper presents an account of the virtuous person, which I take to be the same as the good person. I argue that goodness in a person is based on her desires. Contra Aristotelians, I argue that one does not need practical wisdom to be good. There can be a perfectly good person with mental retardation or autism, for example, whether or not such conditions are compatible with the Aristotelian kind of wisdom. Contra Kantians, I argue that the sense of (...) duty - which does exist! - is compatible with a desire-based moral psychology. (shrink)

Our ordinary moral practices not only suppose that some people ought to perform some actions, and that some outcomes are morally better or worse than others, but also that there are rights, duties, goodness, and other apparently abstract moral entities. What should we make of these entities, and the talk of these entities? It is not straighforward to account for these entities in other terms. On the other hand, this paper will argue that talk of such entities is not easily (...) eliminated from good moral theorising. Nor are the prospects for paraphrasing apparent talk about these entities into less committal terms very promising. We should either find a place in our ontology for these creatures of ethics, or explain how they can be employed as a convenient fiction. (shrink)

Internationally, there is an on-going dialogue about how to professionalize ethics consultation services . Despite these efforts, one aspect of ECS-competence that has received scant attention is the liability of failing to adequately capture all of the relevant moral considerations in an ethics conflict. This failure carries a high price for the least powerful stakeholders in the dispute. When an ECS does not possess a sophisticated dexterity at translating what stakeholders say in a conflict into ethical concepts or principles, it (...) runs the risk of naming one side's claims as morally legitimate and decrying the other's as merely self-serving. The result of this failure is that one side in a dispute is granted significantly more moral weight and authority than the other. The remedy to this problem is that ECSs learn how to expand the diagnostic moral lens they employ in clinical ethics conflicts. (shrink)

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of (...) power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)

The basic principle of educational equality is that each child should receive an equally good education. This sounds appealing, but is rather vague and needs substantial working out. Also, educational equality faces all the objections to equality per se, plus others specific to its subject matter. Together these have eroded confidence in the viability of equality as an educational ideal. This article argues that equality of educational opportunity is not the best way of understanding educational equality. It focuses on Brighouse (...) and Swift's well worked out meritocratic conception and finds it irretrievably flawed; they should, instead, have pursued a radical conception they only mention. This conception is used as a starting point for developing a luck egalitarian conception, pluralistic and complex in nature. It is argued that such a conception accounts for the appeal of equality of opportunity, fits with other values in education and meets many of the objections. Thus, equality is reasserted as what morally matters most in education. (shrink)

John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...) accounts of the original position and of reflective equilibrium. Critics, including Onora O'Neill and Larry Krasnoff, object that Rawls's view distorts various aspects of Kantian moral reasoning. I argue that these objections (i) exaggerate the distinctions between Kant's and Rawls's decision procedures and (ii) reflect an unnecessarily constricted view of Kant's moral thought. (shrink)

While contractualism seems to solve some of the more pressing concerns of other moral theories, it does not conclusively address the moral status of non-human animals. Peter Carruthers claims that contractualism excludes animals from having full moral status. I argue that Carruthers’ arguments are fatally flawed due to his reliance on contradictory claims, unlikely assumptions, and flagrant violations of the contractualist method. However, Carruthers also claims that we can treat animals wrongly and that it deserves moral criticism. This claim is (...) based in indirect moral significance. However, this position makes it impossible for Carruthers to avoid endorsing two extremely counter-intuitive claims. The work of C. Tucker and C. MacDonald allows us to demonstrate that contractualism does give animals full moral standing. They ground the criteria for a contracting agent in three characteristics that animals possess. A look at some possible objections reveals nothing devastating to their proposal. (shrink)

Ever since environmental ethics began to take form as an academic discipline in the early 1970s, the notion of intrinsic value has occupied a prominent position within the field. Recently, however, various types of critique have emerged within EE against invoking this notion. Contrary to these critiques, I argue that appeals to intrinsic value are not problematic, given the reason-implying sense of 'intrinsic value' that is most relevant to EE. I further argue that also those who criticise 'intrinsic-value-talk' in EE (...) actually need this reason-implying concept of intrinsic value. However, once we realise that this is the sense of 'intrinsic value' that is most relevant to EE, it also becomes clear that it is the concept of a reason, rather than that of intrinsic value, that is most important to EE. (shrink)

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

Defends the buck-passing account of value from the wrong kind of reason objection by arguing that in the cases proposed there are no reasons to value the intuitively worthless object, but there are practical reasons to bring it about that one values it. Also extends the account to other evaluative concepts.

Subjective theories of wellbeing place authority concerning what benefits a person with that person herself, or limit wellbeing to psychological states. But how well off we are seems to depend on two different concerns, how well we are doing and how well things are going for us. I argue that two powerful subjective theories fail to adequately account for this and that principled arguments favoring subjectivism are unsound and poorly motivated. In the absence of more compelling evidence that how things (...) go for us cannot directly constitute our wellbeing, I conclude that wellbeing is objective. (shrink)

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

This article examines Keith Lehrer's distinction between belief and acceptance and how it differs from other accounts of belief and of the family of doxastic attitudes. I sketch a different taxonomy of doxastic attitudes. Lehrer's notion of acceptance is mostly epistemic and at the service of his account of the "loop of reason", whereas for other writers acceptance is mostly a pragmatic attitude. I argue, however, that his account of acceptance underdetermines the role that the attitude of trust plays in (...) his analysis of reason. (shrink)

The paper argues against the assumption that citizens of industrialized countries bear responsibility for greenhouse emissions in the nineteenth and early twentieth centuries. An array of arguments for such a historic responsibility is refuted. The crucial role of the assumption of a liability for bona fide misappropriation in a state of nature (Lockean strict liability) is pointed out.

This paper examines four interpretations of the observation that humanitarian intervention might be used ‘selectively’ or ‘inconsistently’ in order to elucidate the normative commitments of the deliberative process in international relations. The paper argues that there are several types of concerns that are implicit in the accusation of inconsistency, and only some of them amount to objections to humanitarian intervention as a whole. The paradox of humanitarian intervention is that intervention is prohibited except where the intervention is humanitarian, yet humanitarian (...) reasons never exist in isolation, and it is nearly impossible to determine the real reason for intervention (or any other collective action) in the international arena. The problems revealed by an examination of inconsistency in the example of humanitarian intervention turn out to be general problems with applying the norms of practical reasoning to moral questions dealing with collective agents. (shrink)

Though it seems rather surprising in retrospect, until about twenty-five years ago no philosopher in the Western tradition had explicitly formulated the question whether there could be an epistemic analogue to practical akrasia. Also surprisingly, despite the prima facie analogue with practical akrasia (the possibility of which is not much disputed), much of the recent work on this question has defended the rather bold view that epistemic akrasia is impossible. While the arguments purporting to show the impossibility of epistemic akrasia (...) have been criticized by some, I propose instead to make a head-on attack and defend the substantive view that epistemic akrasia is possible — indeed, actual. This leaves for another day the project of diagnosing exactly where the arguments for the impossibility of epistemic akrasia go wrong. Here, I content myself with trying to show that they must go wrong, since — as I will argue — epistemic akrasia is possible. (shrink)

Thomas Hurka, Simon Keller, and Julia Annas have recently argued that virtue ethics is self-effacing. I contend that these arguments are rooted in a mistaken understanding of the role that ideal agency and agent flourishing (should) play in virtue ethics. I then show how a virtue ethical theory can avoid the charge of self-effacement and why it is important that it do so.

The American Journal of Bioethics, Volume 11, Issue 7, Page W1-W3, July 2011.

Jennifer Prah Ruger (2011) rightly points out that social cooperation is essential for achieving health justice. But she is unhappy with the approach to cooperation that social scientists and philosophers have taken. Her main objection is that their models are based on narrow self-interest. Her own proposal, which she calls "shared health governance", is based on public moral norms instead. If individuals and institutions internalized and followed such norms, justice in health could be achieved. -/- In this commentary, I show (...) that Ruger fundamentally misdiagnoses the problem of social cooperation and health justice. Because of the faulty diagnosis, her own proposal is at best unworkable, at worst utopian. (shrink)

Principlism is the approach promoted by Beauchamp and Childress for addressing the ethics of medical practice. Instead of evaluating clinical decisions by means of full-scale theories from moral philosophy, Beauchamp and Childress refer people to four principles—of autonomy, beneficence, nonmaleficence, and justice. Now it is one thing for principlism to be invoked in an academic literature dwelling on a stock topic of medical ethical writing: end-of-life decisions, for example. It is another when the topic lies further from the mainstream. In (...) such cases the cost of reaching for the familiar Beauchamp and Childress framework, with its formulaic set of concerns, may be to miss something morally important. After discussing an example of the sort of academic literature I have in mind, I propose to distinguish the uses of the formulaic from the uses of the more unapologetically theoretical in applied ethics, and to suggest that the latter can make up for some of the limitations of the former. This is not to say that the more theoretical literature has no limitations of its own, or that it should take the place of the formulaic. On the contrary, there is room in applied ethics and a use in applied ethics for both. But there is a sense in which there is a greater dependence of principlism on theory than the other way round, and at the end I try to spell out the significance of this fact. (shrink)

I distinguish several arguments Kamm and Scanlon make against Taurek's claim that it is permissible to save smaller groups of people rather than larger. I then argue that none succeeds. This is a companion to my "Saving the Few.".

The article examines the new discourse on medical professionalism and responsibility through the prism of conflicts among moral values, especially with regard to truth-telling. The discussion is anchored in the renaissance of English-language writing on medical ethics in the 18th century, which paralleled the rise of humanitarianism and the advent of the word “responsibility”. Following an analysis of the meanings of the value of responsibility in general and in medical practice in particular, it is argued that, similarly to the Aristotelian (...) notion of equity, responsibility of care is a second-order value, which corrects virtues, laws and norms in exceptional circumstances. Virtues and practices of the second order, such as responsibility and deliberation, bear especially on professional doctoring, which includes a commitment to give priority to the good of the patient over one’s own good. It is argued that, in situations of conflict, and particularly conflicts between personal moral identity and the good of patients, the fundamental professional commitment is to critical and rational deliberation and to the cultivation of psycho-moral flexibility. This leads indirectly to moral growth and strengthening of professional character. (shrink)

Jiirgen Habermas is a radical democrat. The source of that self-designation is that his conception of democracy-what he calls "discursive democracy"-is founded on the ideal of "a self-organizing community of free and equal citizens," co- ordinating their collective affairs through their common reason. The author discusses three large challenges to this radical-democratic ideal of collective self-regulation: 1) What is the role of private autonomy in a radical-democratic view? 2) What role does reason play in collective self-regulation? 3) What relevance might (...) a radical- democratic outlook have for contemporary democracies? The author addresses these questions by considering Habermas' answers, and then presenting alternative responses to them. The alternatives are also radical-democratic in inspiration, but they draw on a richer set of normative-political ideas than Habermas wants to rely on, and are more ambitious in their hopes for democratic practice. (shrink)

Recent empirical research results in the behavioral, cognitive, and neurosciences on the “adaptive unconscious” show that conscious control and deliberative awareness are not all-pervasive aspects of our everyday dealings with one another. Moral philosophers and other scientists have used these insights to put our moral agency to the test. The results of these tests are intriguing: apparently we are not always (or ever?) the moral agents we take ourselves to be. This paper argues in favor of a refinement of our (...) common perception of moral agency that can accommodate these results; however, it also argues against the suggestion that this refined concept is the result of a radical new understanding of our everyday moral practices. (shrink)

In his article , Gerald Lang formulates the buck-passing account of value so as to resolve the Wrong Kind of Reason Problem. I argue against his formulation of buck-passing. Specifically, I argue that his formulation of buck-passing is not compatible with consequentialism (whether direct or indirect), and so it should be rejected.

The paper considers a hierarchical theory that combines concern for two values: individual well-being – as a fundamental, first-order value – and (distributive) fairness – as a high-order value that its exclusive function is to complete the value of individual well-being by resolving internal clashes within it that occur in interpersonal conflicts. The argument for this unique conception of high-order fairness is that fairness is morally significant in itself only regarding what matters – individual well-being – and when it matters (...) – in interpersonal conflicts in which constitutive aspects of individual well-being clash. Consequently, the proposed theory is not exposed to claim that fairness comes at the expense of welfare. This theory is considered within a consequential framework, based on the standard version and, alternatively, on a novel interpretation of consequentialism. Thus, it refutes the claim that consequentialism does not take the distinction between persons seriously. (shrink)

Theorists have spent considerable time discussing the concept of responsibility. Their discussions, however, have generally focused on the question of who counts as responsible, and for what. But as Gary Watson has noted, “Responsibility is a triadic relationship: an individual (or group) is responsible to others for something” (Watson Agency and answerability: selected essays, 2004 , p. 7). Thus, theorizing about responsibility ought to involve theorizing not just about the actor and her conduct, but also about those the actor is (...) responsible to—and specifically about how these people hold the actor responsible for her conduct. In this paper, I give a topology of the terrain of holding others responsible. Over the course of the paper I disambiguate two very broad senses of holding responsible—regarding another as a responsible agent and holding another responsible for a particular piece of conduct. Next, I argue that the latter sense of holding responsible is a genus with two species—what I will call “holding responsible as deep moral appraisal” and “holding responsible as accountability.” Appreciating these distinctions, I argue, sheds considerable light on a number of questions concerning the scope and nature of our practices of holding others responsible. Finally, illuminating these distinct senses of holding responsible and highlighting their features reveals an awkwardness in the most carefully explicated and influential account of holding responsible, namely R. Jay Wallace’s account in Responsibility and the Moral Sentiments. (shrink)

The buck-passing account of values offers an explanation of the close relation of values and reasons for action: of why it is that the question whether something that is of value provides reasons is not ”open.” Being of value simply is, its defenders claim, a property that something has in virtue of its having other reason-providing properties. The generic idea of buck-passing is that the property of being good or being of value does not provide reasons. It is other properties (...) that do. There are, however, at least three versions of the account which differ in their understanding of those “other properties.” The first two versions both assume that non-normative properties provide reasons, the difference being that the second allows that normative properties also provide reasons. Both run into difficulties, which I explain, in trying to defend the claim that non-normative properties provide reasons for action. The third version of the buck-passing account which explains being of value in terms of more specific evaluative properties that are reason-providing remains unpersuasive as well. Once we understand the relation between general and specific properties as a difference in degree, there is no space for a reduction of the one kind of properties to the other. In section II I sketch an alternative account of the relation between reasons and values, which is based on a thesis that I call the Conceptual Link and the claim that values are not just co-extensive with reasons, but explain them. (shrink)

Is the wrongness of an action a reason not to perform it? Of course it is, you may answer. That an action is wrong both explains and justifies not doing it. Yet, there are doubts. Thinking that wrongness is a reason is confused, so an argument by Jonathan Dancy. There can’t be such a reason if ‘ϕ-ing is wrong’ is verdictive, and an all things considered judgment about what (not) to do in a certain situation. Such judgments are based on (...) all the relevant reasons for and against ϕ-ing. If that ϕ-ing is wrong, while being an all things considered verdict, would itself be a reason, it would upset the balance of reasons: it would be a further reason which has not yet been considered in reaching the verdict. Hence, the judgment wasn’t ‘all things considered' after all. I show that the argument against wrongness being a reason is unsuccessful, because its main assumption is false. Is main assumption is that a consideration which necessarily does not affect the balance of reasons is not a reason. I also argue that there can be no deontic buck-passing account. (shrink)

In this paper, I seek to undermine G.A. Cohen ’s polemical use of a metaethical claim he makes in his article, ‘ Facts and Principles’, by arguing that that use requires an unsustainable equivocation between epistemic and logical grounding. I begin by distinguishing three theses that Cohen has offered during the course of his critique of Rawls and contractualism more generally, the foundationalism about grounding thesis, the justice as non-regulative thesis, and the justice as all-encompassing thesis, and briefly argue that (...) they are analytically independent of each other. I then offer an outline of the foundationalism about grounding thesis, characterising it, as Cohen does, as a demand of logic. That thesis claims that whenever a normative principle is dependent on a fact, it is so dependent in virtue of some other principle. I then argue that although this is true as a matter of logic, it, as Cohen admits, cannot be true of actual justifications, since logic cannot tell us anything about the truth as opposed to the validity of arguments. Facts about a justification cannot then be decisive for whether or not a given argument violates the foundationalism about grounding thesis. As long as, independently of actual justifications, theorists can point to plausible logically grounding principles, as I argue contractualists can, Cohen ’s thesis lacks critical bite. (shrink)

Empirical work on and common observation of the emotions tells us that our emotions sometimes key us to the presence of real and important reason-giving considerations without necessarily presenting that information to us in a way susceptible of conscious articulation and, sometimes, even despite our consciously held and internally justified judgment that the situation contains no such reasons. In this paper, I want to explore the implications of the fact that emotions show varying degrees of integration with our conscious agency—from (...) none at all to quite substantial—for our understanding of our rationality, and in particular for the traditional assumption that weakness of the will is necessarily irrational. (shrink)

Agent-relative restrictions prohibit minimizing violations: that is, they require us not to minimize the total number of their violations by violating them ourselves. Frances Kamm has explained this prohibition in terms of the moral worth of persons, which, in turn, she explains in terms of persons’ high moral status as inviolable beings. I press the following criticism of this account: even if minimizing violations are permissible, we need not have a lower moral status provided other determinants thereof boost it. Thus, (...) Kamm’s account is incomplete at best. And when, to address this incompleteness, it is insisted that our moral worth derives from specific moral statuses, the inviolability account comes to seem deficient because it begs the question against those who are not initially persuaded that minimizing violations are impermissible. (shrink)

For a view which grounds norms in the practices of a particular group, determining who is in that group will determine the scope of those norms. Such a view requires an account of what it is to be a member of the group subject to that practice. In this article, the author presents the beginnings of such an account, limiting his inquiry to discursive practices; we might characterize such practices as those which require, as a condition of participation, participants both (...) to exchange reasons with one another and to recognize that practice as a common source of reasons. The author argues that membership in such groups is constituted by the conjunction of shared discursive practices, common recognition of the authority of that practice, and commitments between members. In the case of discursive practices, these features of membership are inseparable. Key Words: practice • commitment • membership • discursive stance. (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)

One of the currently popular dogmata of anti-consequentialism is that consequentialism doesn't respect, recognize, or in some important way account for what is referred to as the The charge is often made, but rarely explained in any detail, much less argued for. In this paper I explain what I take to be the most plausible interpretation of the separateness of persons charge. I argue that the charge itself can be deconstructed into at least two further objections to consequentialist theories. These (...) objections amount to (i) the rejection of axiological aggregation, and (ii) the rejection of deontic aggregation. Of these two objections, I argue that the first one, though often made, is untenable. I also argue that the second objection, in its various forms, relies on distinctions whose moral significance is vigorously denied by almost all consequentialist theorists. I thus argue that the separateness of persons objection poses no special threat to consequentialism. (shrink)

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

Some philosophers believe that two objects of value can be ‘roughly equal’, or ‘on a par’, or belong to the same ‘clump’ of value in a sense that is fundamentally different from that in which some objects are ‘better than’, ‘worse than’, or ‘equally as good as’ others. This article shows that if two objects are on a par, or belong to the same clump, then an agent accepting a few plausible premises can be exploited in a money-pump. The central (...) premise of the argument is that value is choice-guiding. If one object is more valuable than another, then it is not permitted to choose the less valuable object; and if two objects are equally valuable it is permitted to choose either of them; and if two objects are on a par or belong to the same clump it is also permitted to choose either of them. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

An autonomous reason for intending to A would be a reason for so intending that is not, and will not be, a reason for A-ing. Some puzzle cases, such as the one that figures in the toxin puzzle, suggest that there can be such reasons for intending, but these cases have special features that cloud the issue. This paper describes cases that more clearly favour the view that we can have practical reasons of this sort. Several objections to this view (...) are considered and rejected. Finally, it is considered whether the existence of such reasons would conflict with an attractive coherence principle linking the rationality of intending with that of acting as intended. The paper concludes with a qualified affirmation of autonomous reasons for intending. (shrink)

It is widely held that instrumental reasoning to a practical conclusion is parasitic on non-instrumental practical reasoning. This conclusion is based on the claim that when there is no reason to adopt a certain end, there is no reason to take the means (qua means) to that end. But, as will be argued, while there is a sense of reason according to which the previous statement is true, there is another sense according to which it is false. Furthermore, in both (...) of the relevant senses of reason, it is true that reasons are considerations that ground correct conclusions of practical deliberation and correct advice. It follows that instrumental reasoning to a practical conclusion is not invariably parasitic on non-instrumental practical reasoning. The view that it is results from combining the idea that when there is no reason to adopt a certain end, there is no reason to take the means (qua means) to that end, with the common but faulty assumption that considerations that ground correct conclusions of practical deliberation and correct advice are all reasons in a single sense (sometimes referred to as the normative sense of reason). The assumption in question is implicit in, for example, the work of John Broome, T. M. Scanlon, Christine Korsgaard, and Stephen Darwall.1 Given the common identification of normative reasons with considerations that ground correct conclusions of practical deliberation and correct advice, the position that will be defended in this paper can be expressed by saying that there is not one but two senses of reason for which it is true that reasons are normative.. (shrink)