The aim of this paper is to argue that the utilitarian principle of criminalization is sounder than its poor reputation suggests. The paper begins by describing three possible answers to the research question: To what extent should the consequences of criminalization matter morally in a theory of criminalization? Hereafter I explain why I shall discuss only two of these answers. Then follows a detailed and critical specification of UPC. Furthermore, I will argue why criticisms of UPC made by philosophers such (...) as Douglas Husak and Victor Tadros in their recent work are far from convincing. Finally, I will present a positive reason for accepting UPC as a principle of criminalization, namely: that UPC is consistent with what I call the Counterproductive Criminalization Principle, while non-consequentialist theories of criminalization are not. (shrink)

Some find it plausible that a sufficiently long duration of torture is worse than any duration of mild headaches. Similarly, it has been claimed that a million humans living great lives is better than any number of worm-like creatures feeling a few seconds of pleasure each. Some have related bad things to good things along the same lines. For example, one may hold that a future in which a sufficient number of beings experience a lifetime of torture is bad, regardless (...) of what else that future contains, while minor bad things, such as slight unpleasantness, can always be counterbalanced by enough good things. Among the most common objections to such ideas are sequence arguments. But sequence arguments are usually formulated in classical logic. One might therefore wonder if they work if we instead adopt many-valued logic. I show that, in a common many-valued logical framework, the answer depends on which versions of transitivity are used as premises. We get valid sequence arguments if we grant any of several strong forms of transitivity of 'is at least as bad as' and a notion of completeness. Other, weaker forms of transitivity lead to invalid sequence arguments. The plausibility of the premises is largely set aside here, but I tentatively note that almost all of the forms of transitivity that lead to valid sequence arguments seem intuitively problematic. Still, a few moderately strong forms of transitivity that might be acceptable lead to valid sequence arguments, although weaker statements of the initial value claims avoid these arguments at least to some extent. (shrink)

This paper presents a new analysis of the concept of non-instrumental need, and, using it, demonstrates how a need-satisfaction theory of well-being is much more plausible than might otherwise be supposed. Its thesis is that in at least some contexts of evaluation a central part of some persons’ well-being consists in their satisfying certain “personal needs”. Unlike common conceptions of other non-instrumental needs, which make those out to be moralised, universal, and minimal, personal needs are expansive and particular to particular (...) persons, generated rather by persons’ non-moral personal commitments. Against objections to the contrary, I show how these are genuine necessities, since unlike mere desires and freely escapable aims, personal needs constitute objective, inescapable, and non-compensable practical requirements. The personal-need-satisfaction theory of well-being combines objectivity with subject-dependence in novel ways, and motivates well-being pluralism at the level of individual agency. Implicating necessity as it does in the structure of individual well-being, this account presents a robust challenge to ethical and political theories that rely on the intrapersonal aggregation of well-being to be unproblematic. (shrink)

In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (shrink)