_Historical and contemporary philosophical writings on punishment._.

RésuméL'un des traits frappants d'une bonne partie des théories morales contemporaines est l'absence qu'on y trouve du sens moral commun. Les constructions théoriques de Rawls, Singer, Sidgwick et Smart sont caractéristiques à cet égard. Chacune échoue à rendre compte adéquatement du savoir moral que nous avons. Malgré leurs différences, leur échec commun tient à la méprise qu'elles partagent au sujet de la relation entre théorie et pratique, et à leur conception exagérée du rôle épistémique que jouent les principes moraux dans (...) la reconnaissance et la justification de la vérité de nos jugements moraux. (shrink)

Black magic (henceforth BM) is acting in an attempt to harm human beings through supernatural means. Examples include the employment of spells, the use of special curses, the burning of objects related to the purported victim, and the use of pins with voodoo dolls. For the sake of simplicity, we shall focus on attempts to kill through BM. The moral attitude towards BM has not been, as far as we know, significantly discussed in contemporary analytic philosophy. Yet the topic brings (...) up interesting questions and poses challenges, occasionally even reaching the level of paradoxes. Ideas of respecting persons, in particular, will be seen to be challenged by this form of magic. The notion of respecting persons will be treated here broadly and pluralistically. Indeed part of the interest in the discussion will be the unfolding of the diverse ways in which this term should be understood, and the contrasts between its various uses. Often, as we shall see, respect for persons and disrespect for them, in different senses, will co‐exist, and the dilemma will be one where avoiding some forms of disrespect will involve us in disrespect in other senses. (shrink)

My aim in this paper is to provide an effective counterexample to consequentialism. I assume that traditional counterexamples, such as Transplant (A doctor should kill one person and transplant her organs to five terminal patients, thereby saving their lives) and Judge (A judge should sentence to death an innocent person if he knows that an outraged mob will otherwise kill many innocent persons), are not effective, for two reasons: first, they make unrealistic assumptions and, second, they do not pass the (...) rule‐consequentialist institutional test. My example (The Moral Murderer), instead, assumes a realistic empirical framework and the relevant action does not undermine basic social institutions. On the contrary, it reinforces them. In The Moral Murderer, Tom (an adult male) is morally allowed to murder a person (preferably a woman) in order to be punished to death. (shrink)

For a long time many philosophers felt the incoherence objection was a decisive objection to rule-consequentialism, but that position has recently become less secure, because Brad Hooker has offered a clever new way for rule-consequentialists to avoid the incoherence objection. Hooker’s response defeats traditional forms of the incoherence objection, but this paper argues that another version of the problem remains. Several possible solutions fail. One other does not, but it introduces other problems into the theory. I conclude that the new (...) incoherence objection still poses a major challenge to rule-consequentialism, though not for the reasons usually assumed. It does not constitute a fatal objection to rule-consequentialism but instead highlights a theoretical drawback in the theory which must be taken into account during a more holistic evaluation of rule-consequentialism and its rivals. (shrink)

RÉSUMÉ: L’un des traits frappants d’une bonne partie des théories morales contemporaines est l’absence qu’on y trouve du sens moral commun. Les constructions théoriques de Rawls, Singer, Sidgwick et Smart sont caractéristiques à cet égard. Chacune échoue à rendre compte adéquatement du savoir moral que nous avons. Malgré leurs différences, leur échec commun tient à la méprise qu’elles partagent au sujet de la relation entre théorie et pratique, et à leur conception exagérée du rôle épistémique que jouent les principes moraux (...) dans la reconnaissance et la justification de la vérité de nos jugements moraux. (shrink)

The most common argument against negative utilitarianism is the world destruction argument, according to which negative utilitarianism implies that if someone could kill everyone or destroy the world, it would be her duty to do so. Those making the argument often endorse some other form of consequentialism, usually traditional utilitarianism. It has been assumed that negative utilitarianism is less plausible than such other theories partly because of the world destruction argument. So, it is thought, someone who finds theories in the (...) spirit of utilitarianism attractive should not go for negative utilitarianism, but should instead pick traditional utilitarianism or some other similar theory such as prioritarianism. I argue that this is a mistake. The world destruction argument is not a reason to reject negative utilitarianism in favour of these other forms of consequentialism, because there are similar arguments against such theories that are at least as persuasive as the world destruction argument is against negative utilitarianism. (shrink)

Practical equilibrium, like reflective equilibrium, is a way of deciding what to think about morality. It shares with reflective equilibrium the general thesis that there is some way in which a moral theory must, in order to be acceptable, answer to one’s moral intuitions, but it differs from reflective equilibrium in its specification of exactly how a moral theory must answer to one’s intuitions. Whereas reflective equilibrium focuses on a theory’s consistency with those intuitions, practical equilibrium also gives weight to (...) a theory’s approval of one’s having those intuitions. (shrink)

Since the middle of the 20th century, philosophers and legal scholars have debated the precise definition of punishment. This chapter surveys the debate, identifies six potential conditions of punishment, and critically reviews each of them: 1) the response condition, which holds that punishment must be in response to wrongdoing, 2) the culpability condition, which holds that punishment must be of a person morally responsible for wrongdoing, 3) the authority condition, which holds that punishment must be imposed by a relevant authority, (...) 4) the hard treatment condition, which holds that punishment must impose hard consequences on the punishee, 5) the intentionality condition, which holds that punishment must be intentional, and 6) the censure condition, which holds that punishment must communicate disapproval. The article argues that it is often unclear that there is a version of the condition that provides optimal lexical fit. It discusses the implications of this analysis, and concludes that there may be less reason to worry about the lack of an authoritative definition than has sometimes been assumed, but that definitional clarity remains an objective worth pursuing. (shrink)

There are few moral convictions that enjoy the same intuitive plausibility and level of acceptance both within and across nations, cultures, and traditions as the conviction that, normally, it is morally wrong to kill people. Attempts to provide a philosophical explanation of why that is so broadly fall into three groups: Consequentialists argue that killing is morally wrong, when it is wrong, because of the harm it inflicts on society in general, or the victim in particular, whereas personhood and human (...) dignity accounts see the wrongness of killing people in its typically involving a failure to show due respect for the victim and his or her intrinsic moral worth. I argue that none of these attempts to explain the wrongness of killing is successful. Consequentialism generates too many moral reasons to kill, cannot account for deeply felt and widely shared intuitions about the comparative wrongness of killing, and gives the wrong kind of explanation of the wrongness of killing. Personhood and human dignity accounts each draw a line that is arbitrary and entirely unremarkable in terms of empirical reality, and hence ill-suited to carry the moral weight of the difference in moral status between the individuals below and above it. Paying close attention to the different ways in which existing accounts fail to convince, I identify a number of conditions that any plausible account of the wrongness of killing must meet. I then go on to propose an account that does. I suggest that the reason that typically makes killing normal human adults wrong equally applies to atypical human beings and a wide range of non-human animals, and hence challenge the idea that killing a non-human animal is normally easier to justify than killing a human being. This idea has persisted in Western philosophy from Aristotle to the present, and even progressive moral thinkers and animal advocates such as Peter Singer and Tom Regan are committed to it. I conclude by discussing some important practical implications of my account. (shrink)

Clinton is certainly correct that there can be serious ethical problems with mental health professionals referring clients with substance dependence and other addictionrelated problems to 12-step programs. But the philosophical doctrine of representationalism he proposes is not a helpful way to address those issues. It seems more like red herring that only serves to detract attention from the real problem. This is the coercive nature of referrals to 12-step programs in many treatment and rehabilitation centres. Clinton’s discussion is helpful because (...) it invites us to consider this important ethical issue. But unfortunately his analysis fails to address the issue satisfactorily. At the same time, it seriously misconstrues the nature of 12- step programs, obscuring their own ethical stance on consent, eligibility and membership... (shrink)

Despite the strong criticisms to ethical utilitarianism, this theory has not succumbed and remains one of the most notorious. The main criticisms address to the consequentialist conception of right that underlies the theory. However,it has been such a conception of right that, at the same time, saved utilitarianism. The article set out the features and changes that, according to the author, are the causes to explain the subsistence of utilitarianism.

This chapter addresses the question of what role Mill regards rules as playing in the determination of morally permissible action by drawing on his remarks about instrumentally rational action. First, overviews are provided of consequentialist theories and of the rule-worship or incoherence objection to rule-consequentialist theories. Then a summary is offered of the considerable textual evidence suggesting that Mill’s moral theory is, in fact, a rule-consequentialist one. It is argued, however, that passages in the final chapter of A System of (...) Logic suggest that Mill anticipates and endorses the ruleworship or incoherence objection to rule-consequentialist theories. The chapter concludes by exploring some ways in which this tension in Mill’s thought might be resolved. (shrink)

Traditional justifications of punishment, deterrence theory and retributivism, are subject to counterexamples that show that they do not explain why generally we have positive reason to punish those who commit serious crimes. Nor do traditional views sufficiently explain why criminals cannot reasonably object to punishment on the grounds that it deprives them of goods to which they are usually entitled. I propose an alternative justification of punishment, grounded in its blaming function. According to the “reactive theory,” punishment is justified because (...) it expresses the appropriate indignation of the community. I argue that this blaming function provides a superior account of the positive reason to punish and of why serious criminals cannot reasonably object to their punishment. (shrink)