This paper explores the so-called buck-passing accounts of value. These views attempt to use normative notions, such as reasons and ought to explain evaluative notions, such as goodness and value . Thus, according to Scanlon's well-known view, the property of being good is the formal, higher-order property of having some more basic properties that provide reasons to have certain kind of valuing attitudes towards the objects. I begin by tracing some of the long history of such accounts. I then describe (...) the arguments which are typically used to motivate these views. The rest of this article investigates how some of the central details of the buck-passing accounts should be specified, and what kind of problems these views face. (shrink)

Many philosophers claim that it cannot be the case that a person ought to perform an action if this person cannot perform this action. However, most of these philosophers do not give arguments for the truth of this claim. In this paper, I argue that it is plausible to interpret this claim in such a way that it is entailed by the claim that there cannot be a reason for a person to perform an action if it is impossible that (...) this person will perform this action. I then give three arguments for the truth of the latter claim, which are also arguments for the truth of the former claim as I interpret it. (shrink)

_ Source: _Page Count 18 Bart Streumer argues that all normative properties are descriptive properties. His first argument is based on the principle that necessarily coextensive predicates ascribe the same property, and the claim that there is a descriptive predicate that is necessarily coextensive with normative predicates. From this Streumer concludes that normative properties are identical with descriptive properties. I argue that, even if we accept, this conclusion does not follow. Normative properties could only be descriptive properties if there is (...) some descriptive way in which all instances of normative properties are similar. But Streumer does not show that, and the prospects for doing so are, I believe, not good. His second argument rests on the premise that the nature of normative properties cannot depend on which first order normative theory is true. I argue that this premise is false, and that the argument for it does not sit comfortably with. (shrink)

It is sometimes suggested that there are two kinds of reasoning: inferential reasoning and non-inferential reasoning. However, it is not entirely clear what the difference between these two kinds of reasoning is. In this paper, I try to answer the question what this difference is. I first discuss three answers to this question that I argue are unsatisfactory. I then give a different answer to this question, and I argue that this answer is satisfactory. I end by showing that this (...) answer can help to resolve some disagreements in which the difference between inferential and noninferential reasoning plays a role. (shrink)

This paper argues that the independence from intercultural disagreement, that Peter Jones attributes to human rights, implies that those rights are best understood as modelled on the Will Theory of rights and are derived from each person’s foundational right to equal (negative) freedom.

Ideal agents are role models whose perfection in some normative domain we try to approximate. But which form should this striving take? It is well known that following ideal rules of practical reasoning can have disastrous results for non-ideal agents. Yet, this issue has not been explored with respect to rules of theoretical reasoning. I show how we can extend Bayesian models of ideally rational agents in order to pose and answer the question of whether non-ideal agents should form new (...) degrees of belief in the same way as their ideal counterparts. I demonstrate that the epistemic and the practical case are parallel: following ideal rules does not always lead to optimal outcomes for non-ideal agents. (shrink)

According to radical moral particularists such as Jonathan Dancy, there are no substantive moral principles. And yet, few particularists wish to deny that something very like moral principles do indeed play a significant role in our everyday moral practice. Loathe at dismissing this as mere error on the part of everyday moral agents, particularists have proposed a number of alternative accounts of the practice. The aim of all of these accounts is to make sense of our appeal to general moral (...) truths in both reaching and justifying our particular moral judgments without thereby violating the particularists' stricture against substantive moral principles. In this paper, I argue that the most prominent non-substantive accounts of moral generalities appealed to by radical particularists – the heuristic account and default reasons accounts – fail in this aim. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

Anthropologists often claim to have understood an ethical outlook that they nevertheless believe is largely false. Some moral philosophers---e.g., Susan Hurley---argue that this claim is incoherent because understanding an ethical outlook necessarily involves believing it to be largely true. To reach this conclusion, they apply an argument of Donald Davidson’s to the ethical case. My central aim is to defend the coherence of the anthropologists’ claim against this argument.To begin with, I specify a candidate-language that contains a significant number of (...) alien thick descriptions. A thick description is a term that has both descriptive and evaluative content, e.g., “courageous.” I then argue that, because of its alien thick descriptions, this candidate-language cannot be interpreted by someone who adheres to the strictures of Davidson’s account of interpretation. To complete my criticism, I demonstrate that the meaningfulness of this candidate-language cannot be impugned on Davidson’s own terms. This involves showing that an interpreter’s correctly assigning truth-conditions, expressed in her own language, to sentences featuring alien thick descriptions is consistent with her believing those sentences to be false. (shrink)

Suicide as a form of political protest is a little studied social phenomenon that cannot be dismissed simply as being irrational or patholognomic. We consider protest suicide to be a meaningful social action as purposive political act intended to change oppressive policies or practices. This paper synthesizes theoretical propositions associated with suicide in general, and protest suicide in particular, so as to construct a general explanatory model of protest suicide as a social phenomenon. Then, it analyzes protest suicide as a (...) meaningful social action. People considering protest suicide have to discern the logic of the situation in which such action is to take place. This involves answering two fundamental questions: Is suicide an acceptable course of social action? Is the envisaged protest suicide likely to achieve their hopes, aspirations and goals? How these questions are answered gives rise to a set of protest suicide archetypes. Our analysis generates a more sophisticated understanding of the potential reasons for, and motivations behind, protest suicide as a social phenomenon. (shrink)

Breaking a promise is generally taken to involve committing a certain kind of moral wrong, but what (if anything) explains this wrong? According to one influential theory that has been championed most recently by T.M. Scanlon, the wrong involved in breaking a promise is a matter of violating an obligation that one incurs to a promisee in virtue of giving her assurance that one will perform or refrain from performing certain acts. In this paper, we argue that the “Assurance View”, (...) as we call it, is susceptible to two kinds of counterexamples. The first show that giving assurance is not sufficient for incurring the kind of obligation of fulfillment that one violates in breaking a promise. The second show that giving assurance is not necessary. Having shown that the Assurance View fails in these ways, we then very briefly sketch the outline of what we take to be a better view—a view that we claim is not only attractive in its own right and that avoids the earlier counterexamples, but that also affords us a deeper explanation of why the Assurance View seems initially plausible, yet nonetheless turns out to be ultimately inadequate. (shrink)

Most philosophers since Sidgwick have thought that the various forms of pleasure differ so radically that one cannot find a common, distinctive feeling among them. This is known as the heterogeneity problem. To get around this problem, the motivational theory of pleasure suggests that what makes an experience one of pleasure is our reaction to it, not something internal to the experience. I argue that the motivational theory is wrong, and not only wrong, but backwards. The heterogeneity problem is the (...) principal source of motivation for this, otherwise, highly counterintuitive theory. I intend to show that the heterogeneity problem is not a genuine problem and that a more straightforward theory of pleasure is forthcoming. I argue that the various experiences that we call pleasures all feel good. (shrink)

Why do people seemingly want to be scared by movies and feel pity for fictional characters when they avoid situations in real life that arouse these same negative emotions? Although the domain of relevant artworks encompasses far more than just tragedy, the general problem is typically called the paradox of tragedy. The paradox boils down to a simple question: If people avoid pain then why do people want to experience art that is painful? I discuss six popular solutions to the (...) paradox: conversion, control, compensatory, meta-response, catharsis, and rich experience theories. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

Recent writers on negligence and culpable ignorance have argued that there are two kinds of culpable ignorance: tracing cases, in which the agent’s ignorance traces back to some culpable act or omission of hers in the past that led to the current act, which therefore arguably inherits the culpability of that earlier failure; and non-tracing cases, in which there is no such earlier failure, so the agent’s current state of ignorance must be culpable in its own right. An unusual but (...) intriguing justification for blaming agents in non-tracing cases is provided by Attributionism, which holds that we are as blameworthy for our non-voluntary emotional reactions, spontaneous attitudes, and the ensuing patterns of awareness as we are for our voluntary actions. The Attributionist explanation for why some non-tracing cases involve culpability is an appealing one, even though it has limited scope. After providing a deeper account of why we should take the Attributionist position seriously, I use recent psychological research to argue for a new account of the conditions under which agents are culpable for straightforward instances of blameworthy acts. That account is extended to blameworthiness for non-voluntary responses. I conclude that even when the agent’s failure to notice arises from a nonvoluntary objectionable attitude, very few such cases are ones in which Attributionism implies that the agent is blameworthy for her act. (shrink)

This is a critical review of Terence Irwin's The Development of Ethics: A Historical and Critical Study. Volume III: From Kant to Rawls. Among other things, the review remarks on the book's treatment of utilitarianism and on its lack of discussion of work in feminist ethics in the twentieth century.

In recent literature, a very popular position about the normativity of assertion claims that standards for epistemically proper assertion vary with practical context, while standards for knowledge do not. This paper shows this claim is strongly incompatible with the received value-theoretic view regarding the relationship between the axiological and the deontic: one of the two has to go.

Constitutivists hope to locate the foundations of ethics in the nature of action. They hope to find norms that are constitutive of agency. Recently David Enoch has argued that even if there are such norms, they cannot provide the last word when it comes to normativity, since they cannot tell us whether we have reason to be agents rather than shmagents. I argue that the force of the shmagency objection has been considerably overestimated, because philosophers on both sides of the (...) debate have failed to grasp the true source of the authority of agency’s constitutive norm. Some constitutivists believe that this authority is rooted in the inescapability of agency. Yet agency is not, in fact, inescapable. What actually grounds the authority of agency’s constitutive norm is the fact that there is no standpoint outside of agency from which we can intelligibly ask normative questions. (shrink)

Kolodny and MacFarlane have made a pioneering contribution to our understanding of how the interpretation of deontic modals can be sensitive to evidence and information. But integrating the discussion of information-sensitivity into the standard Kratzerian framework for modals suggests ways of capturing the relevant data without treating deontic modals as “informational modals” in their sense. I show that though one such way of capturing the data within the standard semantics fails, an alternative does not. Nevertheless I argue that we have (...) good reasons to adopt an information-sensitive semantics of the general type Kolodny and MacFarlane describe. Contrary to the standard semantics, relative deontic value between possibilities sometimes depends on which possibilities are live. I develop an ordering semantics for deontic modals that captures this point and addresses various complications introduced by integrating the discussion of information-sensitivity into the standard semantic framework. By attending to these complexities, we can also illuminate various roles that information and evidence play in logical arguments, discourse, and deliberation. (shrink)

Many ethicists writing about well-being have assumed that claims made about the relationship between pleasure and well-being carry similar implications for the relationship between pain and well-being. I argue that the current neuroscience of pleasure and pain does not support this assumption. In particular, I argue that the experiences of pleasure and pain are mediated by different cognitive systems, that they make different contributions to human behavior in general and to well-being in particular, and that they bear fundamentally different relationships (...) to our motivational systems and hence desires. I further argue that though there is ample evidence that pleasure can be dissociated from appetitive motivation, there is no compelling evidence suggesting that the unpleasantness of pain can be dissociated from the aversive motivational force of pains. I consider several objections to this claim, including Jennifer Corns’ recent arguments that the unpleasantness of pain experience can be dissociated from the motivational signal of pain, before briefly drawing some lessons for ethics. (shrink)

Miranda Fricker’s book Epistemic Injustice calls attention to an important sort of moral and intellectual wrongdoing, that of failing to give others their intellectual due. When we fail to recognize others’ knowledge, or undervalue their beliefs and judgments, we fail in two important respects. First, we miss out on the opportunity to improve and refine our own sets of beliefs and judgments. Second—and more relevant to the term “injustice”—we can deny people the intellectual respect they deserve. Along with describing the (...) wrong of epistemic injustice, Fricker proposes that epistemic justice is a virtue we “can, and should, aim for in practice”. But I argue that there are two major problems. First, it is not clear that it is reasonable to imagine there is any such stable disposition—that is, any such virtue—as the sort of justice she imagines. Second, even if there could be such a virtue, her theory of epistemic justice does not provide good guidance for avoiding epistemic injustice. While it could.. (shrink)

I argue that rationalists need not adopt Kant’s method for determining what one has reason to do, where by “Kant’s method” I mean the view that normative guidance comes only from directives imposed on the agent by the agent’s own will. I focus on Kant’s argument for “imperatives of skill,” one sort of hypothetical imperative. I argue, against Korsgaard, that Kant’s argument is neither better nor significantly different than the sort of argument non-Kantian rationalists offer. I close by arguing that (...) Korsgaard is wrong to think that her question “why should I care about performing the means to my ends?” is a serious worry. (shrink)

Argues that practical irrationality is akin to moral culpability: it is defective practical thought which one could legitimately have been expected to avoid. It is thus a mistake to draw too tight a connection between failure to be moved by reasons and practical irrationality (as in a certain kind of "internalism"): one's failure may be genuine, but not culpable, and therefore not irrational.

Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...) the strict conception of justification or a more relaxed conception of justification. This question is important since often the relevant actions are not strictly justified, while the alternative of an excuse is frequently irrelevant or does not provide an appropriate solution. Reflection on this question raises the following dilemma: On the one hand, the strict interpretation seems too harsh, especially with regard to legal liability. On the other hand, it is difficult to explain the basis for a more relaxed conception of justification. I conclude, first, that justification—and accordingly wrongfulness—is a matter of degree and that the strictly justified action is merely the peak of a continuum, and, second, that a practical reaction is in place only with regard to actions whose wrongness is above a minimal threshold. (shrink)

Allow me to rehearse a familiar scenario. We all know that which ends you have has something to do with what you ought to do. If Ronnie is keen on dancing but Bradley can’t stand it, then the fact that there will be dancing at the party tonight affects what Ronnie and Bradley ought to do in different ways. In short, (HI) you ought, if you have the end, to take the means. But now trouble looms: what if you have (...) dreadful, murderous ends? Ought you to take the means to them? Seemingly not. But fortunately, an assumption made by deontic logics1 comes to the rescue. Since ‘‘ought’’, according to this assumption, is a sentential operator, HI must really be ambiguous. It could be read either as (Narrow) You have the end ! O(you take the means) or as (Wide) O(you have the end ! you take the means). Now if Narrow is true, then you really ought to take the means to your murderous ends. But this doesn’t follow from Wide. All that follows from Wide is that you ought to either take the means to these ends or else give them up. Conclusions: (1) Since HI is on some reading true, but Narrow isn’t, Wide is true. (2) Wide accounts for the relationship between your ends and what you ought to do. This elegant scenario repeats itself in many other domains in which it seems like something can have a bearing on what some particular agent ought to do. Does what you know affect what you ought to do? Do your beliefs about what you ought to do affect what you ought to do? Do your promises affect what you ought to do? Do your beliefs affect what you ought to believe? On each of these counts, the intuitive answer is ‘‘yes’’. And so each of these questions leaves something for the moral philosopher or the epistemologist to investigate. On each count, it seems that what we all know, is that (Account) you ought, if p, to do A. But on each count, the Narrow-scope reading of the ‘‘ought’’ in this claim yields unintuitive consequences. So since Account is true, it must be true on the Wide-scope reading.. (shrink)

Reasons, it is often said, are king in contemporary normative theory. Some philosophers say not only that the vocabulary of reasons is useful, but that reasons play a fundamental explanatory role in normative theory—that many, most, or even all, other normative facts are grounded in facts about reasons. Even if reasons fundamentalism, the strongest version of this view, has only been wholeheartedly endorsed by a few philosophers, it has a kind of prominence in contemporary normative theory that suits it to (...) be described as orthodoxy by its critics. It is the purpose of this paper to make progress toward understanding what appeal Reasons Fundamentalism should have, and whether that appeal is deserved. I will do so by exploring and comparing two central motivations for Reasons Fundamentalism. (shrink)

Aldo Leopold, the modern father of ethical holism, embraced the moral principle that the deontic status of an action is determined by its effect on the integrity, stability, and beauty of the bioti...

The idea that morality and prudence are incommensurable normative domains—a central idea in normative pluralism—tends to be rejected because of the argument from nominal–notable comparisons. The argument relies on a premise that there are situations of moral–prudential conflict where we have a clear intuition that there are things we ought to do “all things considered”. It is usually concluded that this shows that morality and prudence must be comparable. I argue that normative pluralists, who defend this type of incommensurability, can (...) account for these intuitions by arguing that an “ought all things considered” need not presuppose inter-type comparability among the reasons it covers, and by endorsing more sophisticated theories of prudence; theories for which there are good, independent reasons to endorse, in any case. By following these steps, normative pluralism does not need to have the counterintuitive implications it is often thought to have. (shrink)

In the study of politics, Cambridge is sometimes associated with a school of political philosophical “realism.” This article discusses what realism in political philosophy might mean, by examining first what might count as “unrealistic” political philosophy (looking at Sidgwick and Rawls), and then some recent attempts to identify a more realistic philosophical approach to politics. It argues that realistic political philosophy tends to emerge as a thin account of politics that falls between the stools of either more philosophical (i.e., more (...) idealistic) or less philosophical (i.e., more historical) accounts. It illustrates this in relation to Sidgwick and also Hobbes, who is often held up as the quintessential realist in the history of political philosophy. (shrink)

Health and Social Justice (Ruger 2009a) developed the ?health capability paradigm,? a conception of justice and health in domestic societies. This idea undergirds an alternative framework of social cooperation called ?shared health governance? (SHG). SHG puts forth a set of moral responsibilities, motivational aspirations, and institutional arrangements, and apportions roles for implementation in striving for health justice. This article develops further the SHG framework and explains its importance and implications for governing health domestically.

A number of philosophers defend naturalistic moral realism by appeal to an externalist semantics for moral predicates. The application of semantic externalism to moral predicates has been attacked by Terence Horgan and Mark Timmons in a series of papers that make use of their “ Moral Twin Earth ” thought experiment. In response, several defenders of naturalistic moral realism have claimed that the Moral Twin Earth thought experiment is misleading and yields distorted and inaccurate semantic intuitions. If they are right, (...) the intuitions generated by Moral Twin Earth cannot be appealed to in arguments against externalist moral semantics. The most developed case against the Moral Twin Earth argument that follows this strategy is found in a paper by Stephen Laurence, Eric Margolis and Angus Dawson. Here I argue that their attack on the Moral Twin Earth thought experiment fails. Laurence, Margolis and Dawson have not shown that we have reason to distrust the semantic intuitions it generates. (shrink)

Recent theorizing about the cognitive underpinnings of dilemmatic moral judgment has equated slow, deliberative thinking with the utilitarian disposition and fast, automatic thinking with the deontological disposition. However, evidence for the reflective utilitarian hypothesis—the hypothesized link between utilitarian judgment and individual differences in the capacity for rational reflection has been inconsistent and difficult to interpret in light of several design flaws. In two studies aimed at addressing some of the flaws, we found robust evidence for a reflective minimalist hypothesis—high CRT (...) performers’ tendency to regard utility-optimizing acts as largely a matter of personal prerogative, permissible both to perform and to leave undone. This relationship between CRT and the “minimalist” orientation remained intact after controlling for age, sex, trait affect, social desirability, and educational attainment. No significant association was found between CRT and the strict utilitarian response pattern or CRT and the strict deontological response pattern, nor did we find any significant association between CRT and willingness to act in the utility-optimizing manner. However, we found an inverse association between empathic concern and a willingness to act in the utility-optimizing manner, but there was no comparable association between empathic concern and the deontological judgment pattern. Theoretical, methodological, and normative implications of the findings are discussed. (shrink)

Our concepts of good simpliciter, good for, and good as a particular kind of thing must share some common element. I argue that all three types of goodness can be analysed in terms of the reasons that there are for a certain sets of agents to have pro-attitudes. To this end I provide new and compelling accounts of good for and goodness of a kind in terms of reasons for pro-attitudes that are more explanatorily illuminating than competing accounts and that (...) evade the objections that undermine previous accounts of good for and goodness of a kind in terms of reasons. (shrink)

The paper considers the morality of nuclear energy development as it concerns future people, especially the creation of highly toxic nuclear wastes requiring long?term storage. On the basis of an example with many parallel moral features it is argued that the imposition of such costs and risks on the future is morally unacceptable. The paper goes on to examine in detail possible ways of escaping this conclusion, especially the escape route of denying that moral obligations of the appropriate type apply (...) to future people. The bulk of the paper comprises discussion of this philosophical issue, including many arguments against assigning obligations to the future drawn both from analyses of obligation and from features of the future such as uncertainty and indeterminacy. A further escape through appeal to moral conflict is also considered, and in particular two conflict arguments, the Poverty and Lights?going?out arguments are briefly discussed. Both these escape routes are rejected and it is concluded that if the same standards of behaviour are applied to the future as to the present, nuclear energy development is morally unacceptable. (shrink)

Hypocrisy is a ubiquitous feature of moral and political life, and accusations of hypocrisy a ubiquitous feature of moral and political discourse. Yet it has been curiously under-theorized in analytic philosophy. Fortunately, the last decade has seen a boomlet of articles that address hypocrisy in order to explain and justify conditions on the so-called “standing” to blame (Wallace 2010; Friedman 2013; Bell 2013; Todd 2017; Herstein 2017; Roadevin 2018; Fritz and Miller 2018). Nevertheless, much of this more recent literature does (...) not adequately address the question, “what is hypocrisy?” In this paper, I develop and defend an account of hypocrisy as vicious, value-expressing inconsistency. I show how this account solves some traditional and some novel philosophical puzzles concerning hypocrisy and affords a deeper understanding of the features of hypocrisy emphasized by other prominent accounts. (shrink)

What are moral principles? In particular, what are moral principles of the sort that (if they exist) ground moral obligations or—at the very least—particular moral truths? I argue that we can fruitfully conceive of such principles as real, irreducibly dispositional properties of individual persons (agents and patients) that are responsible for and thereby explain the moral properties of (e.g.) agents and actions. Such moral dispositions (or moral powers) are apt to be the metaphysical grounds of moral obligations and of particular (...) truths about what is morally permissible, impermissible, etc. Moreover, they can do other things that moral principles are supposed to do: explain the phenomena “falling within their scope,” support counterfactuals, and ground moral necessities, “necessary connections” between obligating reasons and obligations. And they are apt to be the truthmakers for moral laws, or “lawlike” moral generalizations. (shrink)

Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of familiar aspects (...) of the common law, seeking to explain, in particular, fundamental features of the law of tort in terms of such economic ideas as transaction costs (Coase), Kaldor-Hicks efficiency (Posner), or minimizing the sum of the accident costs and avoidance costs (Calabresi and Malamed). In each case, they argued that the law of torts should be understood as a set of liability rules selected for their incentive effects, rather than as a set of substantive rights and remedies for their violation. These authors claimed to be able to explain most of the features of tort law and, where features were found that did not fit with their preferred explanations, recommended modification. Although they disagreed on important questions,1 each of the pieces seems to work a manageable structure into what strikes first-year law students as an otherwise random morass of common-law judgments. Generations of legal academics were introduced to these works, and drawn into their way of looking at things. As a student studying first-year torts with Calabresi at Yale, I had the sense that I was in the presence of greatness. (shrink)

The debate between proponents and opponents of a role for empirical psychology in ethical theory seems to be deadlocked. This paper aims to clarify the terms of that debate, and to defend a principled middle position. I argue against extreme views, which see empirical psychology either as irrelevant to, or as wholly displacing, reflective moral inquiry. Instead, I argue that moral theorists of all stripes are committed to a certain conception of moral thought—as aimed at abstracting away from individual inclinations (...) and toward interpersonal norms—and that this conception tells against both extremes. Since we cannot always know introspectively whether our particular moral judgments achieve this interpersonal standard, we must seek the sort of self-knowledge offered by empirical psychology. Yet reflective assessment of this new information remains a matter of substantive normative theorizing, rather than an immediate consequence of empirical findings themselves. (shrink)