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)

We argue that individuals who have access to vaccines and for whom vaccination is not medically contraindicated have a moral obligation to contribute to the realisation of herd immunity by being vaccinated. Contrary to what some have claimed, we argue that this individual moral obligation exists in spite of the fact that each individual vaccination does not significantly affect vaccination coverage rates and therefore does not significantly contribute to herd immunity. Establishing the existence of a moral obligation to be vaccinated (...) despite the negligible contribution each vaccination can make to the realisation of herd immunity is important because such moral obligation would strengthen the justification for coercive vaccination policies. We show that two types of arguments—namely a utilitarian argument based on Parfit’s Principle of Group Beneficence and a contractualist argument—can ground an individual moral obligation to be vaccinated, in spite of the imperceptible contribution that any single vaccination makes to vaccine coverage rates. We add a further argument for a moral obligation to be vaccinated that does not require embracing problematic comprehensive moral theories such as utilitarianism or contractualism. The argument is based on a “duty of easy rescue” applied to collectives, which grounds a collective moral obligation to realise herd immunity, and on a principle of fairness in the distribution of the burdens that must be borne to realise herd immunity. (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 paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of choice, (...) its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in IV.1, in its current form CAHR faces two serious objections by the defenders of the political perspective: the Gap Between Capabilities-Interests and Rights Objection and the Disconnect From Practice Objection. Answering these criticisms requires some amendments to CAHR. Section IV.2 suggests a response to the first objection based on the introduction of a contractualist framework of justification. Sections IV.3 and IV.4 tackle the second objection by introducing a re-characterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. (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)

This paper presents a substantivist construal of discourse ethics, which claims that we should see our engagement in public deliberation as expressing and elaborating a substantive commitment to basic moral ideas of solidarity, equality, and freedom. This view is different from Habermas's standard formalist defence of discourse ethics, which attempts to derive the principle of discursive moral justification from primarily non-moral presuppositions of rational argumentation as such. After explicating the difference between the substantivist and the formalist construal, I defend the (...) former by showing that it is not only intuitively compelling, but also particularly well equipped for addressing four important objections recently levelled against discourse ethics and its political applications. I conclude by pointing out some consequences of the previous discussion for the future of Critical Theory. (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)

Is it OK to lie to Siri? Is it bad to mistreat a robot for our own pleasure? Under what condition should we grant a moral status to an artificial intelligence system? This paper looks at different arguments for granting moral status to an AI system: the idea of indirect duties, the relational argument, the argument from intelligence, the arguments from life and information, and the argument from sentience. In each but the last case, we find unresolved issues with the (...) particular argument, which leads us to move to a different one. We leave the idea of indirect duties aside since these duties do not imply considering an AI system for its own sake. The paper rejects the relational argument and the argument from intelligence. The argument from life may lead us to grant a moral status to an AI system, but only in a weak sense. Sentience, by contrast, is a strong argument for the moral status of an AI system—based, among other things, on the Aristotelian principle of equality: that same cases should be treated in the same way. The paper points out, however, that no AI system is sentient given the current level of technological development. (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)

The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...) complementary devices through which our freedom and equality can be reconciled with moral and political authority. We should not think that there is simply one way by which relations of moral and political authority can be reconciled with our status as free and equal. I defend three distinct devices through which freedom and authority may be reconciled: justification to others, social choice and promise. All three are aspects of the ?consent tradition? broadly construed. (shrink)

I argue that there can be value relations without individual values to support them. The fact that an item is better than another item does not have to be explained by reference to the values of the individual items. Instead, value relations can be grounded directly and exhaustively in descriptive facts about their relata. I show that my suggestion fits well with plausible perspectives on the nature of values and reasons, respectively. One of them is the fitting‐attitudes view, according to (...) which facts about value and value relations are facts about reasons for attitudes. The other is the descriptive view, according to which facts about reasons for attitudes can be grounded directly and exhaustively in descriptive considerations. (shrink)

This chapter contains sections titled: Kant's Statement of the Principle of the Primacy of Practical Reason, and its Role in Kant's Moral Theology The Primacy of Practical Reason in the Broader Sense The Primacy of Practical Reason and the Assumption of Freedom: Their Relation The Primacy of Practical Reason in Relation to the Theological Postulates Kant's Argument in “On the Primacy” Other Texts Kant's Copernicanism and the Concept of Practical Cognition in the Context of the Postulates Influence.

In this article I articulate two pairs of theses about the relationship between the right and the good and I sketch an account of morality that systematically vindicates all four theses, despite a nearly universal consensus that they are not all true. In the first half I elucidate and motivate the theses and explain why leading ethical theorists maintain that at least one of them is false; in the second half I present the outlines of an account of the relationship (...) between the right and the good satisfying all four theses. (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)

El igualitarismo de la suerte es una teoría de justicia distributiva que incluye consideraciones de responsabilidad atributiva individual para definir las obligaciones distributivas. Se presenta como un intento de recomponer cierta consistencia interna a la teoría rawlsiana y evitar algunas de sus consecuencias “inequitativas”. El artículo defiende la consistencia interna del proyecto rawlsiano sin necesidad de incluir un criterio sensible a la responsabilidad atributiva individual, ya que la inclusión de tal criterio resultaría ilegítima desde el punto de vista rawlsiano.

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)

In this paper, I will focus on a type of confabulation that emerges in relation to questions about mental attitudes whose causes we cannot introspectively access. I argue against two popular views that see confabulations as mainly offering a psychological story about ourselves. On these views, confabulations are the result of either a cause-tracking mechanism or a self-directed mindreading mechanism. In contrast, I propose the view that confabulations are mostly telling a normative story: they are arguments primarily offered to justify (...) one’s attitudes, and they are produced by our argumentative reasoning mechanism driven by the biological goal of presenting ourselves as good reasoners and as reliable sources of information. (shrink)

The purpose of this paper is to consider the question of whether we have a duty to forgive those who repent and apologize for the wrong they have done. I shall argue that we have a pro tanto duty to forgive repentant wrongdoers, and I shall propose and consider the norm of forgiveness. This norm states that if a wrongdoer repents and apologizes to a victim, then the victim has a duty to forgive the wrongdoer, other things being equal. That (...) someone has a pro tanto duty to forgive a repentant wrongdoer means that he or she ought to forgive unless other considerations outweigh the norm of forgiveness. Furthermore, a distinction is made between what are termed 'general considerations' and 'case-relative considerations', and it is argued that only after all the relevant considerations have been examined can it be determined whether there is a duty to forgive, all things considered. (shrink)

While forgiveness is widely recognised as an example of a supererogatory action, it remains to be explained precisely what makes forgiveness supererogatory, or the circumstances under which it is supererogatory to forgive. Philosophers often claim that forgiveness is supererogatory, but most of the time they do so without offering an adequate explanation for why it is supererogatory to forgive. Accordingly, the literature on forgiveness lacks a sufficiently nuanced account of the supererogatory status of forgiveness. In this paper, I seek to (...) remedy this shortcoming by offering a systematic account of forgiveness as an example of a supererogatory action. In terms of explaining the supererogatory status of forgiveness, I will argue that, to qualify as supererogatory, a forgiving action must fulfil three conditions: (i) it must be permissible; (ii) it must not be obligatory; and (iii) it must be good or praiseworthy, that is, it must have a certain moral value. Moreover, a distinction is drawn between “unconditional” and “conditional” forgiveness. I argue that conditional forgiveness (i.e. forgiveness of repentant wrongdoers) is sometimes a duty and sometimes supererogatory, whereas unconditional forgiveness (i.e. forgiveness of unrepentant wrongdoers) is typically supererogatory or beyond duty. (shrink)

Galvao-Pedro_Sera-o-contratualismo-reconciliavel-com-o-consequencialismo.

Philosophical discussions of legal ethics should be oriented around the generative problem , which asks two fundamental questions. First, how does the lawyer's role generate reasons? Second, what kinds of reasons can this role generate? Every extant theory of legal ethics is based on a solution to the generative problem. On the generative method , theories of legal ethics are evaluated based on the plausibility of these solutions. I apply this method to three prominent theories of legal ethics, finding that (...) none is based on a fully satisfactory solution to the generative problem. This method has important implication for the study of legal ethics. Philosophically, it moves theoretical debates about legal ethics closer to other debates about the sources of normativity, like those concerning promises. Further, this method identifies a realworld dimension to these theoretical debates. Focusing on the generative problem allows for the empirical verification of hypotheses about legal ethics that have, to date, largely been conjectured. (shrink)

Although previous treatments of affective injustice have identified some particular types of affective injustice, the general concept of affective injustice remains unclear. This article proposes a novel articulation of this general concept, according to which affective injustice is defined as a state in which individuals or groups are deprived of “affective goods” which are owed to them. On this basis, I sketch an approach to the philosophical investigation of affective injustice that begins by establishing which affective goods are fundamental, and (...) then considers which subsidiary goods—such as freedoms, resources, opportunities, and forms of recognition—may be necessary for the provision of those fundamental affective goods. Drawing from and developing ideas in the extant literature, I argue that two such fundamental affective goods include subjective well-being and emotional aptness. I then show that by analyzing deprivations of the subsidiary goods that enable a person to pursue and attain subjective well-being and emotional aptness, it is possible to shed new light on the cases of affective injustice that have been described in the extant literature, while also identifying other kinds of cases that have not been theorized to the same extent. (shrink)

Arrow’s impossibility result not only had a profound influence on welfare economics, but was, as this paper shows, also widely discussed in philosophy of science and in the engineering design literature.

This paper looks at philosophical questions that arise in the context of AI alignment. It defends three propositions. First, normative and technical aspects of the AI alignment problem are interrelated, creating space for productive engagement between people working in both domains. Second, it is important to be clear about the goal of alignment. There are significant differences between AI that aligns with instructions, intentions, revealed preferences, ideal preferences, interests and values. A principle-based approach to AI alignment, which combines these elements (...) in a systematic way, has considerable advantages in this context. Third, the central challenge for theorists is not to identify ‘true’ moral principles for AI; rather, it is to identify fair principles for alignment that receive reflective endorsement despite widespread variation in people’s moral beliefs. The final part of the paper explores three ways in which fair principles for AI alignment could potentially be identified. (shrink)

The last decade has seen significant improvements in Artificial Intelligence (AI) technologies, including robotics, machine vision, speech recognition and text generation. Increasing automation will undoubtedly affect the future of work, and discussions on how the development of AI in the workplace will impact labor markets often include two scenarios: (1) labor replacement and (2) labor enabling. The former involves replacing workers with machines, while the latter assumes that human-machine cooperation can significantly improve worker productivity. In this context, it is often (...) argued that (1) could lead to mass unemployment and that (2) therefore would be more desirable. We argue, however, that the labor-enabling scenario conflates two distinct possibilities. On the one hand, technology can increase productivity while also promoting “the goods of work,” such as the opportunity to pursue excellence, experience a sense of community and contribute to society (human augmentation). On the other hand, higher productivity can also be achieved in a way that reduces opportunities for the “goods of work” and/or increases “the bads of work,” such as injury, reduced physical and mental health, reduction of autonomy, privacy and human dignity (human stunting). We outline the differences of these outcomes and discuss the implications for the labor market in the context of contemporaneous discussions on the value of work and human wellbeing. (shrink)

In recent years, leading public reason liberals have argued that publicly justifying coercive laws and policies requires that citizens offer both adequate secular justificatory reasons and adequate secular motivating reasons for these laws and policies. In this paper, I provide a critical assessment of these two requirements and argue for two main claims concerning such requirements. First, only some qualified versions of the requirement that citizens offer adequate secular justificatory reasons for coercive laws and policies may be justifiably regarded as (...) plausible liberal principles of public justification. And second, the requirement that citizens offer adequate secular motivating reasons for coercive laws and policies is untenable on multiple grounds. Public reason liberals should focus on assessing the justificatory reasons offered for and against coercive laws and policies rather than requiring citizens to offer adequate secular motivating reasons for such laws and policies. (shrink)

Many questions about wellbeing involve metaphysical dependence. Does wellbeing depend on minds? Is wellbeing determined by distinct sorts of things? Is it determined differently for different subjects? However, we should distinguish two axes of dependence. First, there are the grounds that generate value. Second, there are the connections between the grounds and value which make it so that those grounds generate that value. Given these distinct axes of dependence, there are distinct dimensions to questions about the dependence of wellbeing. In (...) this paper, I offer a view of wellbeing that gives different answers with respect to these different dimensions. The view is subjectivist about connections but objectivist about grounds. Pluralist about grounds but monist about connections. Invariabilist about connections but variabilist about grounds. Thus, the view offers a simple account that captures the complexity of wellbeing. (shrink)

The most promising recent attempt to rethink both Discourse Ethics (especially Rawls and Habermas) and Kantian deontology is found in the work of Rainer Forst. This paper suggests the strength of the latter lies in its shift from a theory of justice to a theory of injustice: from the question of what legitimates claims that seek normative consensus, to claims that argue the normative status quo is problematic. In Forst’s idiom: claims arguing the justifications behind that status quo are unacceptable. (...) Yet the association of injustice with justificatory inequality—disparities in people’s capacity to either demand or present reasons—ends up tracking not injustice but mere disagreement. In so doing this theory effectively exposes the broader problem of discourse ethics: its conception of injustice as a (negative) quality of discursive conduct rather than of social relations. At the same time, Forst’s theory also effectively implies a more wholesale rejection of the deontological interpretation of dignity than his reading of Kant suggests. This dual-impasse points to an alternative albeit latent conception of injustice, offering a more promising starting-point for Critical Theory: Injustice understood not as dignity-violations, but as forms of social interdependence predicated on turning certain people systemically vulnerable. (shrink)

Considerable attention has been devoted to the peculiar obligating force of interpersonal promises. But paradigmatic promising is not an orphan in the family of our moral concepts, and the focus on interpersonal promises has overshadowed sibling phenomena that any account of promises should also cover. I examine the case of single-party promises and argue, against the prevailing view, that we have good reason to take the phenomenon of making promises to oneself seriously. This supports what I call ‘the breadth criterion’: (...) theoretical accounts of promising should cover the entire breadth of the phenomenon of promising. I then argue that the breadth criterion poses a novel and formidable obstacle for two prominent views of promising, the social practice view and the expectation view. I conclude by suggesting that there is reason to think that the normative power view of promising may fare better. (shrink)

Promises of a customary, interpersonal kind have received no small amount of philosophical attention. Of particular interest has been their capac- ity to generate moral obligations. This capacity is arguably what distinguishes promises from other, similar phenomena, like communicating a firm intention. But this capacity is common to still other nearby phenomena, such as oaths and vows. These latter phenomena belong to the same family of concepts as promises, but they are structurally and functionally distinct. Taken in their turn, they (...) fill out what I call the ‘breadth criterion’: Theories of promising should cover not only customary, interpersonal promises but also sibling phe- nomena, including oaths and vows. Accommodating the breadth criterion is not something all theories of promising are positioned to accomplish. I focus on the challenge that the breadth criterion poses for Scanlon’s influential ex- pectation view of promising and suggest a normative powers account will fare better. (shrink)

A central tension shaping metaethical inquiry is that normativity appears to be subjective yet real, where it’s difficult to reconcile these aspects. On the one hand, normativity pertains to our actions and attitudes. On the other, normativity appears to be real in a way that precludes it from being a mere figment of those actions and attitudes. In this paper, I argue that normativity is indeed both subjective and real. I do so by way of treating it as a special (...) sort of artifact, where artifacts are mind-dependent yet nevertheless can carve at the joints of reality. In particular, I argue that the properties of being a reason and being valuable for are grounded in attitudes yet are still absolutely structural. (shrink)

Henry Shue has led the charge among moral philosophers in arguing that harms stemming from anthropogenic climate change constitute violations of basic rights and are therefore prohibited by duties of justice. Because frameworks such as Shue’s argue that duties of justice are at stake, one could object that the special urgency of those duties threatens to overrun the normatively protected space in which an agent makes her life her own. We argue that an alternative conception of how moral reasons combine (...) to produce duties is required to respond to the demandingness objection, providing normatively protected space to pursue one’s projects while yielding numerous strict obligations of justice. (shrink)

Liberalism and naturalism are the reigning orthodoxies of most faculties today, while dualism is overwhelmingly rejected. The overarching claim defended in this paper is that liberals should consider dualism more seriously than what currently seems to be the case. This claim will be defended in two stages. First, I will argue that dualism provides better resources with which to defend foundational liberal commitments to human equality and human agency than those naturalism offers. Secondly, I will argue that dualism is plausible (...) enough to be seriously considered by liberals granted that this view is friendlier to liberal commitments than naturalism is. (shrink)

A central aspect of desire is the alluringness with which the desired object appears to the desirer. But what explains the alluringness of desire? According to the standard view, desire presents its objects with a certain allure because desire involves believing that the desired object is good. However, this cannot explain how those who lack the cognitive sophistication required for evaluative concepts can nonetheless have desires, how nihilists can continue to have desires, nor how we can desire things we believe (...) to be evaluatively neutral or even evaluatively bad. A variation on the standard view ? that desire presents its objects with a certain allure because desire involves being in a belief-like state that represents the desired object to be good ? avoids these problems, but still falsely entails that desire is subject to the norm of truth. Indeed, I argue that ultimately such cognitive accounts of the alluringness of desire have seemed compelling only because of the difficulty of providing an intelligible non-cognitive alternative and I proceed to make such an alternative account of the alluringness of desire explicit in broad outline, arguing that it promises a more faithful understanding of the phenomena. (shrink)