This study examines the normative foundations of early Confucian ethics and suggests that rather than attempting to understand Confucian ethics in the language of ‘morality’ a more productive way would be to appreciate Confucianism as an ethics of propriety that can be articulated in terms of social roles, ritual decorum, and relational dependence. I argue that Western notions of ‘morality’ betray a thicker, more culturally loaded concept that possesses a limited utility in regard to comparative study. We can appeal to (...) a kind of methodological charity where we not only maximize the sense of the text or subject's sayings but also privilege the categories of thought that are native to the text's or speaker's lexicon. With this in mind, we can understand Confucian ethics as an ethics of propriety that departs substantially from Western moral systems, including virtue ethics, and challenges our received views on justice, autonomy, and personal identity. (shrink)

This paper examines whether or not children’s continued electoral exclusion is morally defensible. Ultimately; there is a deep tension between the egalitarian presuppositions of democracy and our apparent unwillingness to grant children voting rights. Unless a plausible distinction can be found; then; between adults and children that also tracks the underlying reasons for endorsing democracy in the first place; the continued political disenfranchisement of our youngest citizens is shown for what it is: social injustice. e paper begins by exploring some (...) of the conceptual difficulties that childhood creates in relation to democracy. It then assesses the implications of two very different approaches to democracy for children’s voting rights: proceduralism and a child’s supposed right to an open future. (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)

Consider the following claim: given the choice between saving a life and preventing any number of people from temporarily experiencing a mild headache, you should always save the life. Many moral theorists accept this claim. In doing so, they commit themselves to some form of ‘moral absolutism’: the view that there are some moral considerations that cannot be outweighed by any number of lesser moral considerations. In contexts of certainty, it is clear what moral absolutism requires of you. However, what (...) does it require of you when deciding under risk? What ought you to do when there is a chance that, say, you will not succeed in saving the life? In recent years, various critics have argued that moral absolutism cannot satisfactorily deal with risk and should, therefore, be abandoned. In this paper, we show that moral absolutism can answer its critics by drawing on—of all things—orthodox expected utility theory. (shrink)

We all know that being reasonable is important in daily life. Beyond daily life, major political and ethical theorists give central place to reasonableness in their accounts of just and moral behaviour. In the law, at least in the Anglo-American setting, reasonableness is the standard for a wide range of behaviour, from administrative decisions to torts. But what is it to be reasonable? In answer, I provide a genealogical account of reasonableness. The functional perspective afforded by a genealogical account has (...) numerous payoffs, explaining important features of reasonableness, and enabling us to respond to worries about vagueness or subjectivity in the meaning of ‘reasonable’. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

Various moral theories are essentially welfare-involving in that they appeal to the promotion or the respect of well-being in accounting for the moral rightness of at least some acts. Further, various theories of well-being are essentially morality-involving in that they construe well-being in a way that essentially involves morality in some form or other. It seems that, for any moral theory that is essentially welfare-involving and that relies on a theory of well-being that is essentially morality-involving, a circularity problem may (...) well arise, one where moral rightness will end up being accounted for partly in terms of well-being, which itself is already being accounted for partly in terms of moral rightness. In this paper I will elaborate on this last point. Then I will examine five responses to the circularity problem at issue, and I will argue that one of them appears to be at least slightly better than all of the others. (shrink)

Over the course of summarizing Volume Three and Does Anything Really Matter?, I argue that Parfit does not give us strong reason to think that Naturalists, Expressivists, and Non-Realist Cognitivists agree.

Many prominent ethicists, including Shelly Kagan, John Rawls, and Thomas Scanlon, accept a kind of epistemic modesty thesis concerning our capacity to carry out the project of ethical theorizing. But it is a thesis that has received surprisingly little explicit and focused attention, despite its widespread acceptance. After explaining why the thesis is true, I argue that it has several implications in metaethics, including, especially, implications that should lead us to rethink our understanding of Reductive Realism. In particular, the thesis (...) of epistemic modesty in ethics implies a kind of epistemic modesty about the metaphysical nature of ethics, if Reductive Realism about the metaphysical nature of ethics is true, and it implies that normative concepts are indispensable to practical deliberation in a way that answers an influential objection to Reductive Realism from Jonathan Dancy, David Enoch, William FitzPatrick, and Derek Parfit. (shrink)

I formulate a resilient paradox about epistemic rationality, discuss and reject various solutions, and sketch a way out. The paradox exemplifies a tension between a wide range of views of epistemic justification, on the one hand, and enkratic requirements on rationality, on the other. According to the enkratic requirements, certain mismatched doxastic states are irrational, such as believing p, while believing that it is irrational for one to believe p. I focus on an evidentialist view of justification on which a (...) doxastic state regarding a proposition p is epistemically rational or justified just in case it tracks the degree to which one’s evidence supports p. If it is possible to have certain kinds of misleading evidence, then evidentialism and the enkratic requirements come into conflict. Yet, both have been defended as platitudinous. After discussing and rejecting three solutions, I sketch an account that rejects the enkratic requirements, while nevertheless explaining our sense that epistemic akrasia is a distinct kind of epistemic failure. Central to the account is distinguishing between two evaluative perspectives, one having to do with the relevant kind of success, the other having to do with manifesting good dispositions. The problem with akratic subjects, I argue, is that they manifest dispositions to fail to correctly respond to a special class of conclusive and conspicuous reasons. (shrink)

Being incoherent is often viewed as a paradigm kind of irrationality. Numerous authors attempt to explain the distinct-seeming failure of incoherence by positing a set of requirements of structural rationality. I argue that the notion of coherence that structural requirements are meant to capture is very slippery, and that intuitive judgments – in particular, a charge of a distinct, blatant kind of irrationality – are very imperfectly correlated with respecting the canon of structural requirements. I outline an alternative strategy for (...) explaining our patterns of normative disapproval, one appealing to feasible dispositions to conform to substantive, non-structural norms. A wide range of paradigmatic cases of incoherence, I will argue, involve manifesting problematic dispositions, dispositions that manifest across a range of cases as blatant-seeming normative failures. (shrink)

The moral enhancement of human beings is a constant theme in the history of humanity. Today, faced with the threats of a new, globalised world, concern over this matter is more pressing. For this reason, the use of biotechnology to make human beings more moral has been considered. However, this approach is dangerous and very controversial. The purpose of this article is to argue that the use of another new technology, AI, would be preferable to achieve this goal. Whilst several (...) proposals have been made on how to use AI for moral enhancement, we present an alternative that we argue to be superior to other proposals that have been developed. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

This article gives an overview of the debate about the “restraint principle” that political liberals urge on those who are inclined to use distinctive moral and theological doctrines in public square debates about politics. It clarifies such central concepts as “public reason” while surveying the main arguments and highlighting three different proposals for possible convergence in this conflict.

The ‘standard interpretation’ of John Taurek’s argument in ‘Should the Numbers Count?’ imputes two theses to him: first, ‘numbers scepticism’, or scepticism about the moral force of an appeal to the mere number of individuals saved in conflict cases; and second, the ‘equal greatest chances’ principle of rescue, which requires that every individual has an equal chance of being rescued. The standard interpretation is criticized here on a number of grounds. First, whilst Taurek clearly believes that equal chances are all-important, (...) he actually argues for a position weaker than the equal greatest chances principle. Second, the argument Taurek gives for the importance of equal chances ought to commit him to being more hospitable to the significance of numbers than he seems to be. Third, and as a result, Taurek should not have dismissed the significance of numbers but embraced a form of pluralism instead. Fourth, this result should be welcomed, because pluralism is more plausible than either the equal greatest chances principle or the saving the greater number principle. (shrink)

John Taurek famously argued that, in ‘conflict cases’, where we are confronted with a smaller and a larger group of individuals, and can choose which group to save from harm, we should toss a coin, rather than saving the larger group. This is primarily because coin-tossing is fairer: it ensures that each individual, regardless of the group to which he or she belongs, has an equal chance of being saved. This article provides a new response to Taurek’s argument. It proposes (...) that there are two possible types of unfairness that have to be avoided in conflict cases, as far as possible: ‘selection unfairness’, which is the unfairness of not giving individuals an equal chance of being saved; and ‘outcome unfairness’, which is the unfairness of not actually saving them, when others are saved. Since saving the greater number generates less outcome unfa-irness than coin-tossing, it is argued that, in many conflict cases, fairness demands that we save the greater number. (shrink)

In this paper we elucidate the notion of ‘social wrongs’. It differs from moral wrongness, and is broader than narrowly political wrongs. We distinguish conceptually monadic wrongness (1.1), dyadic wronging (1.2), and the idea of there being something ‘wrong with’ an entity (1.3). We argue that social and political wrongs share a feature with natural badness or wrongness (illnesses of organisms) as well as malfunctioning artifacts or dysfunctional organizations: they violate so called ought-to-be norms; they are not as they ought (...) to be; there is something wrong with them. In contrast, moral wrongs are violations of ought-to-do norms. Social wrongs typically, but not invariably, include dyadic wronging. We examine who or what can wrong whom or what, and by what means: we can be wronged by individuals and groups, as well as by practices, institutions or structures (2.1–2.3). The notion of structural injustice is compared to the notion of social wrongs in 2.4. Social wrongs are defined as there being something wrong with the social reality (3.3), in comparison to there being something wrong with an organism or a system (3.1), including the narrowly political wrongs of systems of governance (3.2). (shrink)

Misrecognition from other individuals and social institutions is by its dynamic or ‘logic’ such that it can lead to distorted relations-to-self, such as self-hatred, and can truncate the development of the central capabilities of persons. Thus it is worth trying to shed light on how mis recognition differs from adequate recognition, and on how mis recognition might differ from other kinds of mistreatment and disregard. This paper suggests that mis recognition (including nonrecognition) is a matter of inadequate responsiveness to the (...) normatively relevant features of someone (their personhood, merits, needs etc.), and that if the kind of mistreatment in question obeys the general dynamic or ‘logic’ of mutual recognition and relations-to-self, then it may be called ‘misrecognition’. Further, this article considers the multiple connections between misrecognition and human fallibility. The capacity to get things wrong or make mistakes (that is, fallibility) is first of all a condition of misrecognition. Furthermore, there are two lessons that we can draw from fallibility. The first one points towards minimal objectivism: if something is to count as a mistake or incorrect response, there must accordingly exist a fact of the matter or a correct response. The other lesson points towards public equality: if our capacity to get things right on our own is limited, then public, shared norms will probably help. Such norms are easier to know and follow than objective normative truths, and they may contain collective cumulative wisdom; and of course the process of creating public norms embodies in itself an important form of mutual recognition between citizens. (shrink)

This article suggests first that the concept of interpersonal recognition be understood in a multidimensional (as opposed to one-dimensional), practical (as opposed to symbolic), and strict (as opposed to broad) way. Second, it is argued that due recognition be seen as a reason-governed response to evaluative features, rather than all normativity and reasons being seen as generated by recognition. This can be called a response-model, or, more precisely, a value-based model of due recognition. A further suggestion is that there is (...) a systematic basis for distinguishing three dimensions of recognition, depending on whether recognition is given to someone qua a person, qua a certain kind of person, or qua a certain person. Finally, it is argued that recognition is a necessary condition of personhood, but whether it is of direct or indirect relevance depends on our theories of personhood (social vs. capacity-theory) and practical identity (dialogical definition model vs. feature-model). Despite the apparent opposition, it is shown that interpersonal recognition is both a response to value and a precondition of personhood. (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)

We have the duty to object to things that people say. If you report something that I take to be false, unwarranted, or harmful, I may be required to say as much. In this paper, I explore how to best understand the distinctively epistemic dimension of this duty. I begin by highlighting two central features of this duty that distinguish it from others, such as believing in accordance with the evidence or promise‐keeping. In particular, I argue that whether we are (...) obligated to object is directly influenced not only by what other relevant members of the conversational context or community do, but also by the social status of the agent in question. I then show that these features are shared by the duty to be charitable, and the similarities between these two duties point to a potentially deeper explanation: while promise‐keeping is regarded as a classic perfect duty, charity is an imperfect one. I then argue that the duty to object can be modeled on a particular conception of imperfect duties, one that takes the duty to belong to communities and other collectives, rather than to individuals. I conclude by showing that this framework provides us with reason for accepting that there are imperfect epistemic duties in general. (shrink)

In this paper, I argue against a perceptual model of moral epistemology. We should not reject the claim that there is a sense in which, on some occasions, emotions may be said to be perceptions of values or reasons. But going further than this, and taking perception as a model for moral epistemology is unhelpful and unilluminating. By focusing on the importance of the dispositions and structures of the self to moral knowledge, I bring out important disanalogies between moral epistemology (...) and typical cases of perceptual expertise. As a result, how we gain, or fail to gain, moral knowledge should not be understood in terms of the operation of a perceptual capacity. (shrink)

Some philosophers have claimed that pleasures and pains are characterized by their particular or . Most contemporary writers reject this view: they hold that hedonic states have nothing in common except being liked or disliked (alternatively: pursued or avoided) for their own sake. In this article, I argue that the hedonic tone view has been dismissed too quickly: there is no clear introspective or scientific evidence that pleasures do not share a phenomenal quality. I also argue that analysing hedonic states (...) in terms of liking or wanting is implausible. If it is correct that pleasures and pains are not united by any particular hedonic tone, we should instead simply conclude that there are several different hedonic tones. This pluralistic understanding of the hedonic tone view has generally been overlooked in the literature, but appears to be fairly plausible as a philosophical account of pleasure and pain. (shrink)

The insurance industry’s practice of producing comprehensive insurance policies can have unforeseen and negative ethical consequences. Insurance policies express promises from the insurer to the insured, to the effect that the insurer should be trusted to appropriately assist the insured in case of accident. The relation is seriously undermined when the content of the promise is blurred, containing clauses and condition which are ambiguous or hidden in fine print. This paper contains an investigation of (1) the sources of the fine (...) print policy practice, (2) its immediate effects on the degree to which the policies are understandable to the insured, (3) the ethical consequences that can follow from blurring the true content of the insurer’s promise to the insured and (4) the measures insurers can take in order to develop a more constructive ethical relationship with its customers. (shrink)

Activists and progressive governments sometimes interfere in the working conditions of sweatshops. Their methods may include boycotts of the products produced in these facilities, bans on the import of these products or tariffs imposed by the home country, and enforcing the host country’s laws that aim at regulating sweatshops. Some argue that such interference in sweatshop conditions is morally wrong since it may actually harm workers. The reason is that the enterprise that runs the sweatshop may choose to lay off (...) some workers as the result of effective interference in order to maintain their profit at the desired level. If successful, this argument would prohibit any interference in sweatshop conditions on moral grounds. In this article, I argue in dissent and build a contractualist argument in favor of the moral permissibility of interference in sweatshops. I base my argument on an ex ante interpretation of T.M. Scanlon’s contractualism. (shrink)

T.M. Scanlon’s ‘reasons fundamentalism’ is thought to face difficulties answering the normative question—that is, explaining why it’s irrational to not do what you judge yourself to have most reason to do (e.g., Dreier 2014a). I argue that this difficulty results from Scanlon’s failure to provide a theory of mind that can give substance to his account of normative judgment and its tie to motivation. A central aim of this paper is to address this deficiency. To do this, I draw on (...) broadly cognitivist theories of emotion (e.g., Nussbaum 2001, Roberts 2013). These theories are interesting because they view emotions as cognitive states from which motivation emerges. Thus, they provide a model Scanlon can use to develop a richer account of both the judgment-motivation connection and the irrationality of not doing what you judge yourself to have most reason to do. However, the success is only partial—even this more developed proposal fails to give a satisfactory answer to the normative question. (shrink)

Many of the policy choices we face that have implications for the lives of future generations involve creating a risk that they will live lives that are significantly compromised. I argue that we can fruitfully make use of the resources of Scanlon’s contractualist account of moral reasoning to make sense of the intuitive idea that, in many cases, the objection to adopting a policy that puts the interest of future generations at risk is that doing so wrongs those who will (...) live in the further future. (shrink)

How do social norms influence our choices? And does the presence of biased norms affect what we owe to each other? Looking at empirical research relating to PrEP rollout in HIV prevention policy, a...

Many philosophers recognize that, as a matter of psychological fact, one can believe something valuable without valuing it. I argue that it is also possible to value something without believing it valuable. Agents can genuinely value things that they neither believe disvaluable nor believe valuable along a scale of impersonal value.

Let cognitivism be the view that moral judgments are cognitive mental states and noncognitivism the view that they are noncognitive mental states. Here I argue for moral judgment pluralism: some moral judgments are cognitive states and some are noncognitive states. More specifically, according to my pluralism some judgments are moral because they carry a moral content (e.g., that genocide is wrong) and some are moral because they employ a moral attitude (e.g., indignation, or guilt); the former are the cognitive moral (...) judgments and the latter the noncognitive ones. After explaining and motivating the view, I argue that this kind of pluralism handles quite elegantly several of the core issues that have structured the debate on cognitivism vs. noncognitivism. (shrink)

This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as ‘a feeling creature’, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a result, natural (...) law generates both political norms and the motivations that drive political actions. It provides a standard for assessing the ostensibly jumbled multiplicity of legal customs in human societies. And it reminds us that there is more to political theory than the rational justifi-cation of norms, that central to any account of liberal constitutionalism must be an effort to show the attractions – and not only the justice or the rationality – of right action. Key Words: law • Montesquieu • moral psychology • motivation • natural • law • norm justification • passions. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising the (...) strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

This paper presents a new puzzle for limited aggregation. Unlike other recent puzzles, this one arises independently of the issue of rational aversion to risk. Some possible responses are laid out and explored.

You are the kind of entity for whom things can be good or bad. This is one of the most important facts about you. It provides you with the grounds for taking a passionate interest in your own life, for you are deeply concerned that things should go well for you. Presumably, you also want to do well, but that may be in part because you think that doing well is good for you, and that your life would be impoverished (...) if you did not. But even if your interest in doing well is completely independent of any reference to your own condition, it probably depends on the thought that there are other entities, entities who are dependent upon you or affected by you, for whom things can be good or bad. It is only because there are entities like you, entities for whom things can be good or bad, that anything is important at all. If there were no entities for whom things can be good or bad, nothing would matter. (shrink)

In this paper I explore the possibility of explaining why there is such a thing as the good in naturalistic terms. More specifically, I seek an explanation of the fact that some things are good-for human beings and the other animals in the final sense of good: worth aiming at. I trace the existence of the final good to the existence of conscious agents. I propose that the final good for an animal is her own well-functioning as the kind of (...) creature she is, taken as an end of action, and that having this as her final good makes her better at the activity she is necessarily engaged in, namely, living. (shrink)

Following Moore, value invariabilists deny that the intrinsic value of something can be affected by features extrinsic to it. The primary focuses of this paper are (i) to examine the invariabilistic thesis and expand upon how we ought to understand it, in light of contemporary axiological distinctions, and (ii) to argue that distinguishing between different kinds of invariabilism provides resources to undermine a prominent argument against variabilism. First, I use two contemporary axiological distinctions to clarify what kind of value the (...) invariabilism debate concerns (final value). Then I show how the distinction between personal value and value simpliciter reveals different variabilistic theses, depending on what type of final value one thinks may be affected by extrinsic features. Using this insight, I challenge an argument for final value simpliciter invariabilism. Variabilists offer the example of the vicious being pleased as a counterexample to the claim that pleasure’s final value is invariant to contextual changes. The argument that I examine purports to show that this case actually supports invariabilism about pleasure’s final value simpliciter, because the best explanation for why the vicious being pleased is a fitting object of indignation is that the vicious person’s pleasure is finally valuable simpliciter. I argue that this argument fails because the vicious person’s pleasure being finally personally good for them better explains why an attitude of indignation is fitting. I address two objections and conclude with remarks about how my results might inform future research on value invariabilism. (shrink)

Affectively uncomfortable concern, anxiety, indecisionand disputation over ‘right’ action are among the expressions of moral tension associated with ethical dilemmas. Moral tension is generated and experienced by people. While ethical principles, rules and situations must be worked through in any dilemma, each occurs against a backdrop of people who enact them and stand much to gain or lose depending on how they are applied and resolved. This paper attempts to develop a taxonomy of moral tension based on its intrapersonal and (...) interpersonal sources and expressions. The proposed ‘ethics of incongruity’ outlines ways in which values, actions and needs can find themselves mismatched in morally relevant ways between patients and their clinicians, their own psychologies and their societies. Patient–clinician incongruities may manifest as discord, value misalignment and deception. Patient–patient incongruities may manifest as incapacity, akrasia and self-deception. Patient–society incongruities may manifest as disenfranchisement, disaffiliation and disregard. Brief explanations of the incongruities in this scheme are provided, as are suggestions on working within them. Using concepts from moral philosophy when applicable, these suggestions may either ease direct resolution of problems arising from the incongruities, or make sense of the moral tension that arises from the human context of the ethical dilemma at hand. This presentation of content and resolution methods for the EOI is no doubt incomplete. Hopefully, refinement of this preliminary proposal will follow, particularly from clinicians, as the ones who, along with their patients, experience medical ethics in directly tension-inducing ways. (shrink)

Normativity involves two kinds of relation. On the one hand, there is the relation of being a reason for. This is a relation between a fact and an attitude. On the other hand, there are relations specified by requirements of rationality. These are relations among a person's attitudes, viewed in abstraction from the reasons for them. I ask how the normativity of rationality—the sense in which we ‘ought’ to comply with requirements of rationality—is related to the normativity of reasons—the sense (...) in which we ‘ought’ to have the attitudes what we have conclusive reason to have. The normativity of rationality is not straightforwardly that of reasons, I argue; there are no reasons to comply with rational requirements in general. First, this would lead to ‘bootstrapping’, because, contrary to the claims of John Broome, not all rational requirements have ‘wide scope’. Second, it is unclear what such reasons to be rational might be. Finally, we typically do not, and in many cases could not, treat rational requirements as reasons. Instead, I suggest, rationality is only apparently normative, and the normativity that it appears to have is that of reasons. According to this ‘Transparency Account’, rational requirements govern our responses to our beliefs about reasons. The normative ‘pressure’ that we feel, when rational requirements apply to us, derives from these beliefs: from the reasons that, as it seems to us, we have. (shrink)

Niko Kolodny It is often said that there is a special class of norms, ‘rational requirements’, that demand that our attitudes be related one another in certain ways, whatever else may be the case.1 In recent work, a special class of these rational requirements has attracted particular attention: what I will call ‘requirements of formal coherence as such’, which require just that our attitudes be formally coherent.2 For example, we are rationally required, if we believe something, to believe what it (...) entails. And we are rationally required, if we intend an end, to intend what we take to be necessary means to it. The intuitive idea is that formally incoherent attitudes give rise to a certain normative tension, or exert a kind of rational pressure on each another, and this tension, or pressure, is relieved just when one of the attitudes is revised. As John Broome observes, these requirements are, by their nature, ‘wide scope’, which is to say that there is no particular attitude that one must have or lack in order to satisfy them. This is because they require just formal coherence, and there is no particular attitude that one must have or lack in order to be formally coherent. (shrink)

Whatever else liberalism involves, it involves the idea that it is objectionable, and often wrong, for the state, or anyone else, to intervene, in certain ways, in certain choices. This article aims to evaluate different possible sources of support for this core liberal idea. The result is a pluralistic view. It defends, but also stresses the limits of, some familiar elements: that some illiberal interventions impair valuable activities and that some violate rights against certain kinds of invasion. More speculatively, it (...) points to two further sources of support for liberalism, each of which represents a certain kind of social standing: a self-sovereignty compromised simply by being subject to certain kinds of commands and a relational equality compromised by the condemnation of choices with which one’s group is identified. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's ‘liberty condition’: that, after the social contract, each ‘nevertheless obeys only himself and remains as free as before’. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the ‘legitimacy’ of social arrangements. I (...) raise questions about each of these claims. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

On the shared-­ends account of close friendship, proper care for a friend as an agent requires seeing yourself as having important reasons to accommodate and promote the friend’s valuable ends for her own sake. However, that friends share ends doesn't inoculate them against disagreements about how to pursue those ends. This paper defends the claim that, in certain circumstances of reasonable disagreement, proper care for a friend as a practical and moral agent sometimes requires allowing her judgment to decide what (...) you are to do, even when you disagree with her judgment (and even when her judgment is in fact mistaken). In these instances, your friendship can make it the case that you may not act on your own practical and even moral judgments because, at those times, you have a duty as her close friend to defer to her judgments. As a result, treating your friend properly as a responsible agent can require that you assist her in committing what may in fact be serious moral wrongs. (shrink)

This contribution investigates whether Hegel’s critique of social contract theory is still applicable to contemporary contract theory proposed by, e. g., Rawls and Nozick. At first sight, they seem to have overcome the problems identified by Hegel because Rawls and Nozick appropriate the social contract as something essentially rational and normative. I argue, however, that for Hegel, their appeal to rational argumentation is not compatible with the concreteness of human individuals. A revised reading of the master/ bondsman-relation, emphasizing the role (...) of the “fear of death”, shows the limited scope of contemporary contract theory. (shrink)

Investment protection clauses, and the investor-state dispute settlement mechanisms they enable, have become a common feature of international agreements on trade and investment. Intended to promote foreign investment, these protections may also discourage governments from regulating in the public interest. This raises challenging normative questions about the rights of investors and distributive justice. In this paper, I argue that a global investment regime that disadvantages developing countries and socially disadvantaged groups is prima facie unfair. This conclusion must be defended against (...) the claim that investors have certain independent moral rights to have their property protected, regardless of the distributive consequences. Granting the premise that such investor rights exist, I argue that these cannot plausibly ground a general rule against public interest regulation that undermines the value of property. I conclude that even if foreign investors have rights that must be safeguarded, the current investment regime must be reformed. (shrink)

Emissions grandfathering holds that a history of emissions strengthens an agent’s claim for future emission entitlements. Though grandfathering appears to have been influential in actual emission control frameworks, it is rarely taken seriously by philosophers. This article presents an argument for thinking this an oversight. The core of the argument is that members of countries with higher historical emissions are typically burdened with higher costs when transitioning to a given lower level of emissions. According to several appealing views in political (...) philosophy (utilitarianism, egalitarianism, prioritarianism, and sufficientarianism) they are therefore entitled to greater resources, including emission entitlements, than those in similar positions but with lower emissions. This grandfathering may play an especially important role in allocating emission entitlements among rich countries. (shrink)