I argue—contra moderate grounding pluralists such as Kit Fine and more extreme grounding pluralists such as Jessica Wilson—that there is fundamentally only one grounding/in-virtue-of relation. I also argue that this single relation is indispensable for normative theorizing—that we can’t make sense of, for example, the debate over consequentialism without it. It follows from what I argue that there is no metaethically-pure normative ethics.

Public shaming plays an important role in upholding valuable social norms. But, under what conditions, if any, is it morally justifiable? Our aim in this paper is systemically to investigate the morality of public shaming, so as to provide an answer to this neglected question. We develop an overarching framework for assessing the justifiability of this practice, which shows that, while shaming can sometimes be morally justifiable, it very often is not. In turn, our framework highlights several reasons to be (...) concerned about the increasingly widespread phenomenon of online public shaming. (shrink)

Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.

It is a truism that we ought to be rational. Despite this, it has become popular to think that it is not the case that we ought to be rational. In this paper I argue for a view about rationality—the view that what one is rationally required to do is determined by the normative reasons one possesses—by showing that it can vindicate that one ought to be rational. I do this by showing that it is independently very plausible that what (...) one ought to do is determined by the normative reasons one possesses. Thus, the paper also makes a contribution tos the debate about the nature of our obligations. (shrink)

A principle that many have found attractive is one that goes by the name “'Ought' Implies 'Can'.” According to this principle, one morally ought to do something only if one can do it. This essay has two goals: to show that the principle is false and to undermine the motivations that have been offered for it. Toward the end, a proposal about moral obligation according to which something like a restricted version of 'Ought' Implies 'Can' is true is floated. Though (...) no full-fledged argument for this proposal is offered, that it fits with a rather natural and intuitive picture of the structure of morality and seems to explain certain salient features of the debate over whether the principle is true, goes some way toward recommending it. (shrink)

In this paper, I develop a theory of how claims about an agent’s normative reasons are sensitive to the epistemic circumstances of this agent, which preserves the plausible ideas that reasons are facts and that reasons can be discovered in deliberation and disclosed in advice. I argue that a plausible theory of this kind must take into account the difference between synchronic and diachronic reasons, i.e. reasons for acting immediately and reasons for acting at some later point in time. I (...) provide a general account of the relation between synchronic and diachronic reasons, demonstrate its implications for the evidence-sensitivity of reasons and finally present and defend an argument for my view. (shrink)

I defend the widely-held view that morally worthy action need not be motivated by a desire to promote rightness as such. Some have recently come to reject this view, arguing that desires for rightness as such are necessary for avoiding a certain kind of luck thought incompatible with morally worthy action. I show that those who defend desires for rightness as such on the basis of this argument misunderstand the relationship between moral worth and the kind of luck that their (...) argument employs. Consequently, the argument provides no reason to doubt the popular view that a desire for rightness as such is no part of virtue. I conclude by suggesting that a family of worries about merely accidentally right action presuppose one side of the recent debate about objectivism and perspectivism about moral rightness. (shrink)

Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.

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)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

This paper argues that promises are proposals in joint practical deliberation, the activity of deciding together what to do. More precisely: to promise to ϕ is to propose (in a particular way) to decide together with your addressee(s) that you will ϕ. I defend this deliberative theory by showing that the activity of joint practical deliberation naturally gives rise to a speech act with exactly the same properties as promises. A certain kind of proposal to make a joint decision regarding (...) one's own actions turns out to have the very same normative effects, under the very same conditions, as a promise. I submit that this cannot be a coincidence: we should conclude that promises and the relevant kind of proposals in joint practical deliberation are one and the same. (shrink)

This volume introduces a wide range of important views, questions, and controversies in and about contemporary metaethics. It is natural to ask: What, if anything, connects this extraordinary range of discussions? This introductory chapter aims to answer this question by giving an account of metaethics that shows it to be a unified theoretical activ- ity. According to this account, metaethics is a theoretical activity characterized by an explanatory goal. This goal is to explain how actual ethical thought and talk—and what (...) (if anything) that thought and talk is distinctively about—fits into reality. We begin by introducing and developing this account, and illustrating it via discus- sion of a simple illustrative metaethical theory: Simple Subjectivism. We then explain important upshots of the characterization. Our account is novel and controversial, as is the status of metaethics as a theoretically fruitful project. We thus compare our account to competing characterizations of the field, and explain how our account permits us to address certain challenges to the theoretical significance of a distinctively metaethical project. In the conclusion, we explain why, given our account, one might think that meta- ethics matters, and explain how we understand the history and future of self-conscious metaethical theorizing. As we will emphasize, we should expect new ways of approaching the explanatory project at the heart of metaethics to emerge in the coming years, as the tools and resources we have for tackling that project expand. Our hope is that by empha- sizing the centrality of the explanatory project itself, rather than just focusing narrowly on the views that have been developed so far by those engaged in that project, we can help encourage and facilitate the development of new questions, arguments, and views that help move the field forward. (shrink)

In the classic Miners case, an agent subjectively ought to do what they know is objectively wrong. This case shows that the subjective and objective ‘oughts’ are somewhat independent. But there remains a powerful intuition that the guidance of objective ‘oughts’ is more authoritative—so long as we know what they tell us. We argue that this intuition must be given up in light of a monotonicity principle, which undercuts the rationale for saying that objective ‘oughts’ are an authoritative guide for (...) agents and advisors. (shrink)

Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...) must react if an interlocutor challenges one's assertion, but they do not constrain what one should assert in the first place. I argue that the non-restrictive dialectical perspective can accommodate various linguistic phenomena commonly taken to support the restrictive model. 1. (shrink)

Accepting a promise is normatively significant in that it helps to secure promissory obligation. But what is it for B to accept A’s promise to φ? It is in part for B to intend A’s φ-ing. Thinking of acceptance in this way allows us to appeal to the distinctive role of intentions in practical reasoning and action to better understand the agency exercised by the promisee. The proposal also accounts for rational constraints on acceptance, and the so-called directedness of promissory (...) obligation. Finally, the proposal, conjoined with Cognitivism about intentions, addresses recent criticism of Scanlon’s expectation-based view of promissory obligation. (shrink)

Moral philosophy is often said to be about what we owe to each other. Do we owe anything to ourselves?

I argue for an account of the vulnerability of trust, as a product of our need for secure social attachments to individuals and to a group. This account seeks to explain why it is true that, when we trust or distrust someone, we are susceptible to being betrayed by them, rather than merely disappointed or frustrated in our goals. What we are concerned about in matters of trust is, at the basic level, whether we matter, in a non-instrumental way, to (...) that individual, or to the group of which they are a member. We have this concern as a result of a drive to form secure social attachments. This makes us vulnerable in the characteristic way of being susceptible to betrayal, because how the other acts in such matters can demonstrate our lack of worth to them, or to the group, thereby threatening the security of our attachment, and eliciting the reactive attitudes characteristic of betrayal. (shrink)

Let us say that a normative conflict is a situation in which an agent ought to perform an action A, and also ought to perform an action B, but in which it is impossible for the agent to perform both A and B. Not all normative conflicts are moral conflicts, of course. It may be that the agent ought to perform the action A for reasons of personal generosity, but ought to perform the action B for reasons of prudence: perhaps (...) A involves buying a lavish gift for a friend, while B involves depositing a certain amount of money in the bank. In general, our practical deliberation is shaped by a concern with a variety of morally neutral goods—not just generosity and prudence, but any number of others, such as etiquette, aesthetics, fun—many of which are capable of providing conflicting reasons for action. I mention these ancillary values in the present setting, however, only to put them aside. We will be concerned here, not with normative conflicts more generally, but precisely with moral conflicts—situations in which, even when our attention is restricted entirely to moral reasons for action, it is nevertheless true that an agent ought to do A and ought to do B, where it is impossible to do both. (shrink)

This chapter explores the foundation and content of the duty to respect persons. The authors argue that it is best understood as a duty to recognize people’s rights. Respect for persons therefore has specific implications for how competent and non-competent persons ought to be treated in research. For competent persons it underlies the obligation to obtain consent to many research procedures. The chapter gives an analysis of the requirements for obtaining valid consent. It then considers respect for persons as it (...) relates to four common topics: the therapeutic misconception, research with children and adolescents, the use of deception in research, and research on competent adults without their consent. (shrink)

University of Alberta Forthcoming in Utilias Consider Lives for Headaches: there is some number of headaches such that the relief of those headaches is sufficient to outweigh the good life of an innocent person. Lives for Headaches is unintuitive, but difficult to deny. The argument leading to Lives for Headaches is valid, and appears to be constructed out of firmly entrenched premises. In this paper, I advocate one way to reject Lives for Headaches; I defend a form of lexical superiority (...) between values. Based on an inquiry into the notion of human well-being, I argue that no amount of headaches is sufficient to outweigh the disvalue of the loss of a good life. Though this view has been thought subject to devastating objections, these objections are not dispositive against the form of value superiority I advance here. (shrink)

According to the Balancing View of Ought, we ought to perform an action if and only if performing the action is most strongly supported by the balance of our reasons. The Balancing View faces the objection from exclusionary reasons, which are second-order reasons not to act for certain other reasons. According to Joseph Raz, the existence of exclusionary reasons undermines the Balancing View: a reason might tip the balance in favour of performing an act but at the same time be (...) excluded by an undefeated second-order reason, in which case one ought not conform to the balance of reasons. I argue that the Balancing View can be defended against this objection and that the existence of exclusionary reasons is compatible with the Balancing View. (shrink)

The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides a (...) useful way to determine how the right should be applied in various cases. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, resolving (...) to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...) the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

We shall focus on moral theories that are solely concerned with promoting the benefits (e.g., wellbeing) of individuals and explore the possibility of such theories ascribing some priority to benefits to those who are worse off—without this priority being absolute. Utilitarianism (which evaluates alternatives on the basis of total or average benefits) ascribes no priority to the worse off, and leximin (which evaluates alternatives by giving lexical priority to the worst off, and then the second worst off, and so on) (...) ascribes absolute priority to the worse off (i.e., favors even a very small benefit to a worse off person over very large benefits to large numbers of better off people). Neither extreme view, we assume, is plausible. (shrink)

Social Networking Services provide services in return for rights to commercialize users’ personal data. We argue that what makes this transaction permissible is not users’ autonomous consent but the provision of sufficiently valuable opportunities to exchange data for services. We argue that the value of these opportunities should be assessed for both (a) a range of users with different decision-making abilities and (b) third parties. We conclude that regulation should shift from aiming to ensure autonomous consent towards ensuring that users (...) face options that they will use to advance individual and common interests. (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)

I present a set of cases that pose problems for existing theories of promissory uptake. These cases involve a delayed receipt and/or acceptance of a promise, though the obligation arises before the receipt or acceptance has taken place; a delay or absence of agency on the part of the promisee—making it impossible to satisfy the various suggested uptake criteria, though promissory obligation is nonetheless generated; and the promise is made to someone, de dicto—that is, the person who will be the (...) promisee has not yet been filled in at the time when the obligation begins. I identify clues within each theory of promising to determine the temporal and agency-related boundaries on promissory obligation. I then introduce the backward reach of uptake. (shrink)

Morality doesn't always require our best. Prudent acts and heroic sacrifices are optional, not obligatory. To explain this, some philosophers claim that reasons of self-interest must have a special "non-moral" significance. A better explanation, I argue, is that we have prerogatives based in rights.

An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible (...) with recognizing the inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...) straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

There has recently been an expansion of anti-abortion measures in the United States. Within these various measures there is a divide over certain exceptions: some States permit abortion for pregnancies caused by rape while other States do not. This paper explores the underlying moral justification for such exceptions. I argue that within the dominant moral framework for reproductive ethics these exceptions are incoherent by their own lights. But this is not a defense of an exceptionless anti-abortion position. Rather, because the (...) typical way of making such exceptions is incoherent, this shows why the anti-abortion movement is dangerous: as these incoherencies are acknowledged, this may lead to ever stricter measures being put in place. I end by suggesting that those who are sympathetic to these exceptions should find it easier to move to a pro-choice position rather than to a more extreme, exceptionless one. (shrink)

We offer a reconstruction of Richard Price’s intuition-based epistemology of normative essences, highlighting its key elements and showing how it differs from the approaches taken by other intuitionists such as Thomas Reid and G. E. Moore, as well as sentimentalists such as Francis Hutcheson and David Hume. While our analysis aims to shed light on Price’s moral epistemology, it also seeks to contribute to contemporary debates about the epistemology of essence, advancing a general intuition-based theory. These two goals are related, (...) for the former operates in the service of the latter. In this way, our discussion illustrates the role that historical research might play in contemporary inquiries into intuition. (shrink)

This paper raises three concerns regarding self-ownership rhetoric to describe autonomy within healthcare in general and reproductive justice in specific. First, private property and the notion of “ownership” embedded in “self-ownership,” rely on and replicate historical injustices related to the initial acquisition of property. Second, not all individuals are recognized as selves with equal access to self-ownership. Third, self-ownership only justifies negative liberties. To fully protect healthcare access and reproductive care in specific, we must also be able to make claims (...) on others to respect, protect, and fulfill our positive rights. As much as nondomination remains an urgent demand for reproductive rights, it does not go far enough to ensure reproductive justice. (shrink)

Could it be true that even though we as a group ought to do something, you as an individual ought not to do your part? And under what conditions, in particular, could this happen? In this article, I discuss how a certain kind of case, introduced by David Copp, illustrates the possibility that you ought not to do your part even when you would be playing a crucial causal role in the group action. This is because you may have special (...) agent-relative reasons against participating that are not shared by the group as a whole. I defend the claim that these are indeed cases in which you ought not to do your part in what the group ought to do. I then argue that we can expect these cases to produce a troubling kind of rational conflict. (shrink)

What is it to take responsibility for a moral failure? This chapter investigates taking responsibility for wrongdoing. It starts by considering a prominent view in the literature: that to take responsibility for a wrong is to blame oneself for it. Contrary to the self-blame account, it is argued that taking responsibility and self-blame can come apart in various ways. Instead, the normative footprint account is defended. It is suggested that wrongdoing changes the normative landscape in systematic ways: it can create (...) duties to apologize, to acknowledge the wrong done, to make amends, to respond to the wronged party’s upset. To take responsibility for a wrong is to own the normative consequences of one’s wrong. (shrink)

One of the currently popular dogmata of anti-consequentialism is that consequentialism doesn't respect, recognize, or in some important way account for what is referred to as the The charge is often made, but rarely explained in any detail, much less argued for. In this paper I explain what I take to be the most plausible interpretation of the separateness of persons charge. I argue that the charge itself can be deconstructed into at least two further objections to consequentialist theories. These (...) objections amount to (i) the rejection of axiological aggregation, and (ii) the rejection of deontic aggregation. Of these two objections, I argue that the first one, though often made, is untenable. I also argue that the second objection, in its various forms, relies on distinctions whose moral significance is vigorously denied by almost all consequentialist theorists. I thus argue that the separateness of persons objection poses no special threat to consequentialism. (shrink)

According to perspectivism about moral obligation, our obligations are affected by our epistemic circumstances. But how exactly should this claim be understood? On Zimmerman’s “Prospective View”, perspectivism is spelled out as the thesis that an option is obligatory if and only if it maximizes what Zimmerman calls “prospective value”, which is in turn determined by the agent’s present evidence. In this article, I raise two objections to this approach. Firstly, I argue that spelling out the difference between perspectivism and anti-perspectivism (...) in terms of value creates a number of problems that can be avoided by an account that proceeds in terms of reasons. Secondly, I argue that Zimmerman focuses on the wrong body of evidence, and that this commits him to an implausible solution to the problem that perspectivists face with regard to advice from better-informed sources. (shrink)

Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...) Value Claim: a dubious claim about the importance of choice relative to other valuable capacities. I argue that this misunderstands what is really valuable in life, and show how it causes libertarianism to generate counterintuitive public policy recommendations. (shrink)

Can moral ignorance excuse? This chapter argues that philosophical debate of this question has been based on a mistaken assumption: namely that excuses are all-or-nothing affairs; to have an excuse is to be blameless. The chapter argues that we should reject this assumption. Excuses are not binary but gradable: they can be weaker or stronger, mitigating blame to greater or lesser extent. This chapter explores the notions of strength of excuses, blame miti- gation and the relationship between excuses and moral (...) responsibility. These ideas open up some principled middle-ground between the two positions staked out in the literature. Moral ignorance may well excuse but it does not exculpate. (shrink)

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

Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...) developed to explain directed promissory obligation (the Authority View, the Trust View, the Assurance View, and the Reliance View) support the view that we are obligated to keep our promises to persons who are now dead. But I will provide hope for those who wish to use such promises to protect the meaning with which they have endowed their lives. I will argue that while we cannot wrong a person who is now dead by breaking a promise made to her during her life, we could wrong the living by so doing. We thus (might) have reason to keep the promises that we made to those who are now dead. (shrink)

William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary to (...) maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

This paper argues for a theory of natural rights on which they are explained in terms of reasons supplied by rational consent. When B has a claim-right against A that A φ, A’s non-consent is not a reason for B not to simply make A φ. This theory solves a puzzle that defeats alternative views, including standard will and interest theories, the demand theory of rights, and the view that rights are irreducible or primitive.

Any complete theory of “what we owe to each other” must be able to adequately accommodate directed or bipolar obligations, that is, those obligations that are owed to a particular individual and in virtue of which another individual stands to be wronged. Bipolar obligations receive their moral importance from their intimate connection to a particular form of recognition respect that we owe to each other: respect of another as a source of valid claims to whom in particular we owe certain (...) treatment and, at the very least, an apology if we fail to accord that treatment. While some of the most prominent accounts of interpersonal morality fail to adequately accommodate bipolar obligations, I here investigate a recent proposal that explicitly seeks to improve on these accounts—Stephen Darwall’s second-personal theory of morality. Ultimately, I object to Darwall’s theory on the grounds that his second-personal theory normatively ties bipolar obligations too closely to non-directed moral obligations or those that we are under, period. The problem for Darwall’s account is that any obligations that at first appear to be bipolar and owed to someone in particular turn out to be instances of non-directed moral obligations period that have their normative source in the representative authority of the moral community. Adequately accommodating bipolar obligations requires taking seriously a novel second-personal approach, according to which we locate the normative sources of our interpersonal obligations in the claims and demands particular persons and deliberate from what I call the pairwise or bipolar standpoint. (shrink)

I attempt to rebut the following standard objections against cultural relativism: 1. It is self-defeating for a cultural relativist to take the principle of tolerance as absolute; 2. There are universal moral rules, contrary to what cultural relativism claims; 3. If cultural relativism were true, Hitler’s genocidal actions would be right, social reformers would be wrong to go against their own culture, moral progress would be impossible, and an atrocious crime could be made moral by forming a culture which approves (...) of it; 4. Cultural relativism is silent about how large a group must be in order to be a culture, and which culture we should follow when we belong to two cultures with conflicting moralities. (shrink)

In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.