This paper begins by celebrating Sidgwick's Methods of Ethics. It then discusses Sidgwick's moral epistemology and in particular the coherentist element introduced by his argument from common-sense morality to utilitarianism. The paper moves on to a discussion of how common-sense morality seems more appealing if its principles are formulated as picking out pro tanto considerations rather than all-things-considered demands. Thefinal section of the paper considers the question of which version of utilitarianism follows from Sidgwick's arguments.

Some opponents of ethical particularism complain that particularists cannot give a plausible account of moral education. After considering and rejecting a number of arguments to this conclusion, I focus on the following objection: Particularism, at least in Jonathan Dancy's version, has nothing to say about moral education because it lacks a substantial account of moral competence. By Dancy's own admission, particularists can tell us little more than that a competent agent 'gets things right case by case'. I respond by reflecting (...) on how we want our children to turn out, morally speaking. I argue that we can present a compelling story about our aspirations for our children's moral development that is consistent with particularism and that provides the beginnings of a plausible account of the competence we look to moral education to instil. (shrink)

This paper defends a moderate intuitionism by extending a version of that view previously put forward and responding to some significant objections to it that have been posed in recent years. The notion of intuition is clarified, and various kinds of intuition are distinguished and interconnected. These include doxastic intuitions and intuitive seemings. The concept of inference is also clarified. In that light, the possibility of non-inferential intuitive justification is explained in relation to both singular moral judgments, which intuitionists do (...) not take to be self-evident, and basic moral principles, which they typically do take to be self-evident in a sense explicated in the paper. This explanation is accomplished in part by drawing some analogies between moral and perceptual judgments in the light of a developmental conception of knowledge. The final section of the paper presents a partial account of rational disagreement and indicates how the kind of intuitionist view defended can allow for rational disagreement between apparent epistemic peers. (shrink)

This essay defends a three-dimensional response-model theory of recognition of persons, and discusses the related phenomenon of recognition of reasons, values and principles. The theory is three-dimensional in endorsing recognition of the equality of persons and two kinds of relevant differences: merits and special relationships. It defends a ‘response-model’ which holds that adequacy of recognition of persons is a matter of adequate responsiveness to situation-specific reasons and requirements. This three-dimen- sional response-model is compared to Peter Jones’s view, which draws the (...) distinction between status and merit recognition, and mediated and unmediated recognition. The essay discusses a number of questions related to how recognition of situation-specific reasons, and more general values and principles, is related to recognition of persons. The three- dimensional response-model of recognition of persons is in principle compatible with a constructivist view, which holds that the validity of values and principles is dependent on acknowledgement or endorsement. But even if one is a realist on that issue and thinks of validity as independent of acknowledgement, acknowledging relevant values, reasons and principles is a hugely important precondition of actual interpersonal recognition. The essay analyses these connections. (shrink)

Atomism is defined as the view that the moral value of any object is ultimately determined by simple features whose contribution to the value of an object is always the same, independently of context. A morally fundamental feature, in a given context, is defined as one whose contribution in that context is determined by no other value fact. Three theses are defended, which together entail atomism: (1) All objects have their moral value ultimately in virtue of morally fundamental features; (2) (...) If a feature is morally fundamental, then its contribution is always the same; (3) Morally fundamental features are simple. (shrink)

It is commonly assumed that Aristotle's ethical theory shares deep structural similarities with neo-Aristotelian virtue ethics. I argue that this assumption is a mistake, and that Aristotle's ethical theory is both importantly distinct from the theories his work has inspired, and independently compelling. I take neo-Aristotelian virtue ethics to be characterized by two central commitments: (i) virtues of character are defined as traits that reliably promote an agent's own flourishing, and (ii) virtuous actions are defined as the sorts of actions (...) a virtuous agent reliably performs under the relevant circumstances. I argue that neither of these commitments are features of Aristotle's own view, and I sketch an alternative explanation for the relationship between virtue and happiness in the Nicomachean Ethics. Although, on the interpretation I defend, we do not find in Aristotle a distinctive normative theory alongside deontology and consequentialism, what we do find is a way of thinking about how prudential and moral reasons can come to be aligned through a certain conception of practical agency. (shrink)

The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, alogic—according to which the decisions of earlier courts in particular cases somehow generalize to constrain the decisions of later courts facing different cases, while still allowing these later courts a degree of freedom in responding to fresh circumstances. Although the techniques for arguing on the basis of precedent are taught early on in law schools, mastered with relative ease, and (...) applied on a daily basis by legal practitioners, it has proved to be considerably more difficult to arrive at a theoretical understanding of the doctrine itself—a clear articulation of the underlying logic. (shrink)

Particularists in ethics emphasize that the normative is holistic, and invite us to infer with them that it therefore defies generalization. This has been supposed to present an obstacle to traditional moral theorizing, to have striking implications for moral epistemology and moral deliberation, and to rule out reductive theories of the normative, making it a bold and important thesis across the areas of normative theory, moral epistemology, moral psychology, and normative metaphysics. Though particularists emphasize the importance of the holism of (...) the normative, however, it is not something that they have been able to explain. In this paper I’ll show how to use a small number of simple and, I’ll argue, independently compelling assumptions in order to both predict and explain the holistic features of the normative with respect to the non-normative. The basic idea of the paper is simple. It is that normative claims are holistic because they are general, rather than because they defy generalization. (shrink)

One form of scepticism about the possibility ofmoral theorydoes not deny that there is something describable as ‘the conduct of life’, but it argues that there is no special ethical account to be given of this since conduct has no identifiablymoraldimension. Here I explore the possibility that the problem of identifying distinctively moral aspects of action is explained by the thesis that the moral is ubiquitous; thateveryhuman actionis– not ‘may be’ – morally significant. To say, however, that morality is all (...) pervasive is not to say anything about howdemandingmoral considerations may be. Reasons for action ultimately relate to promoting or protecting the human good, and their relative strength and urgency derives from the manner, extent and immediacy of their bearing upon this end and not from belonging to some logically distinct category. (shrink)

Surprisingly, many ethical realists and anti-realists, naturalists and not, all accept some version of the following normative appeal to the natural (NAN): evaluative and normative facts hold solely in virtue of natural facts, where their naturalness is part of what fits them for the job. This paper argues not that NAN is false but that NAN has no adequate non-parochial justification (a justification that relies only on premises which can be accepted by more or less everyone who accepts NAN) to (...) back up this consensus. I show that we cannot establish versions of NAN which are interesting in their own right (and not merely as instances of a general naturalistic ontology) by appealing to the nature of natural properties or the kind of in-virtue-of relation to which NAN refers, plus other plausible nonparochial assumptions. On the way, I distinguish different types of 'in virtue of claims. I conclude by arguing that the way in which assessment of meta-ethical hypotheses is theory-dependent predicts the failure of non-parochial justifications of NAN. (shrink)

Moral particularism is commonly presented as an alternative to ‘principle- or rule-based’ approaches to ethics, such as consequentialism or Kantianism. This paper argues that particularists' aversions to consequentialism stem not from a structural feature of consequentialismper se, but from substantial and structural axiological views traditionally associated with consequentialism. Given a particular approach to (intrinsic) value, there need be no conflict between moral particularism and consequentialism. We consider and reject a number of challenges holding that there is after all such a (...) conflict. We end by suggesting that our proposed position appears quite appealing since it preserves attractive elements from particularism as well as consequentialism. (shrink)

What makes some acts morally right and others morally wrong? Traditionally, philosophers have thought that in order to answer this question we must find and formulate exceptionless moral principles—principles that capture all and only morally right actions. Utilitarianism and Kantianism are paradigmatic examples of such attempts. In recent years, however, there has been a growing interest in a novel approach—Particularism—although its precise content is still a matter of controversy. In this paper I develop and motivate a new formulation of particularism (...) as a research program and I show that my formulation is not vulnerable to the most common objections to particularism. Moreover, I argue that the particularist research program shows enough promise to warrant further exploration. (shrink)

Universalism can be defined as the belief in the universal application of certain knowledge, world-views and value-views. Universalism has often been confused with Occident-centrism, due to the fact that the latter was used to justify the former, which confused the content of a thought with the social condition that gave rise to the thought. For many years, clarifications of this confusion have been made in sociology of knowledge, relativism and skepticism. Yet, the particularistic conclusion thus reached has led to more (...) confusion, namely, that between the intrinsic criterion for truth and the practical application of thought. China, with its long tradition of Sino-centrism, has recently shown a movement towards particularism, characterized by a search for national and cultural superiority by “returning to the source”. In today’s academic circles, some particularist themes are taken for granted, and believed to be true, but cannot be proved with rational examination. The particularistic claims to the “self grounded”, “self-featured” and “self-located” tradition of Chinese culture jointed with the post-modernism, neo-leftist movement of anti-globalization in the West, are not only harmful in practice, but also impotent in theory. The propaganda against the hegemony of Western discourse should be analyzed with questioning which hegemony and whose discourse. (shrink)

This paper explores what a Rule Consequentialist of Brad Hooker's sort can and should say about normative rea- sons for action. I claim that they can provide a theory of reasons, but that doing so requires distinguishing dif- ferent roles of rules in the ideal code. Some rules in the ideal code specify reasons, while others perform differ- ent functions. The paper also discusses a choice that Rule Consequentialists face about how exactly to specify rea- sons. It ends by comparing (...) the theory of reasons offered by Rule Consequentialism with the theory offered by Act Consequentialism, noting that Rule Consequentialism seems better able to explain moral constraints. (shrink)

Cet article discute l’idée d’une moralité plus ou moins minimale, qui puisse s’adapter à une approche libérale de la pensée et de l’action politique. Sur la base de certaines platitudes concernant la moralité on isole un ensemble de concepts et de principes à la fois déontologiques et conséquentialistes. On insiste sur les conceptions de la justice, de l’autonomie et des devoirs négatfis. On se focalise sur la force et la portée de ces principes et sur leur rôle dans les raisons (...) morales et leur capacité à être prégnantes, dominantes et exigeantes. (shrink)

This paper takes up the question of the role of philosophical moral theory in our attempts to resolve the ethical problems that arise in health care, with particular reference to the contention that we need theory to be determinative of our choice of actions. Moral theorizing is distinguished from moral theories and the prospects for determinacy from the latter are examined through a consideration of the most promising candidates: utilitarianism, deontology and the procedures involved in reflective equilibrium. It is argued (...) that the current lack of any generally accepted method of solving moral problems, together with the extreme improbability of philosophy achieving a plausibly determinate theory, should encourage us to approach the problems in a spirit of agnosticism regarding the way in which theoretical material might be of relevance. The practical test for both moral theorizing and moral theories is thus not determinacy but the degree to which they increase our understanding of moral problems by serving, as they do in philosophy, as a means of inquiry into their nature. (shrink)

Scale-based models of weighing reasons face challenges concerning the context sensitivity of weight, the aggregation of weight, and the methodology for determining what the weights of reasons are. I resolve these challenges.

Against the reason holists (e.g. Dancy 2014), it has been contended by many reason atomists that while many features might well change their reason statuses or valences in different contexts in the way suggested by reason holists, they are merely secondary rather than primary reasons. In these atomists’ scheme of things, there are features that function as primary reasons whose reason statuses remain invariant across contexts. Moreover, these features provide the ultimate source of explanations for why some features, qua secondary (...) reasons, are variable in their reason statuses. Against the background of reason holism, this two-level picture of moral reason has been highly influential as an alternative theory of how moral reasons behave, and has been championed by several eminent philosophers such as Roger Crisp, Brad Hooker, David McNaughton and Piers Rawling. Call this theory ‘primary reason atomism’ (or PRA). Since its advancement, it has been met with lots of challenges, yet most, if not all, of these challenges remain unaddressed, insofar as I could see. This article will pick up the slack, and argues that none of its existing powerful criticisms works that can be derived from Swanton’s target-center view of the virtues, Stangl’s virtue variabilism, Dancy’s bottom-up holism, and coverage challenge, McKeever & Ridge, and Väyrynen’s double-counting objection, and Scanlon’s buck-passing account of values. This may not prove PRA to be right, but at least shows PRA to be a serious contender for the right theory of how moral reason behaves. (shrink)

I take the debate between the particularists and the principlists to be centered on the issue of whether there are true moral principles. One argument the principlists often appeal to in support of their claim that there are true moral principles is the argument from supervenience. Roughly, the argument is made up of the following three statements: (P1) If the thesis of moral supervenience holds, then there are true moral principles. (P2) The thesis of moral supervenience holds. (C) There are (...) true moral principles, and hence particularism is false. In this paper, I argue that the above argument is not sound by attacking (P1). I hold that no general supervenient/resultance base has a robust enough configuration of contextual features as to ground the existence of true moral principles. If I am right about this, I think it would be indicative of a reason to be less confident about the truth of principlism and more confident about the truth of particularism. (shrink)

With respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. People use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. These judgments are highly relevant not only to morality, but to law and politics as well. Examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the (...) act/omission distinction. In all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. One implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. Another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. The idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. Moral framing effects, including those in the context of obligations to future generations, are also discussed. (shrink)

ABSTRACT:Does effective moral judgment in business ethics rely upon the identification of a suitable set of moral principles? We address this question by examining a number of criticisms of the role that principles can play in moral judgment. Critics claim that reliance on principles requires moral agents to abstract themselves from actual circumstances, relationships and personal commitments in answering moral questions. This is said to enforce an artificial uniformity in moral judgment. We challenge these critics by developing an account of (...) principle-based moral judgment that has been widely discussed by contemporary Kantian scholars. In so doing we respond to some basic problems raised by so-called “moral particularists” who voice theoretical objections to the role of principles as well as to contemporary business ethicists who have criticized principle-based moral judgment along similar lines. We conclude with some future areas of research. (shrink)

Sidgwick gives various tests for highest certainty. When he applies these tests to commonsense morality, he finds nothing of highest certainty. In contrast, when he applies these tests to his own axioms, he finds these axioms to have highest certainty. The axioms culminate in Benevolence: “Each one is morally bound to regard the good of any other individual as much as his own, except in so far as he judges it to be less, when impartially viewed, or less certainly knowable (...) or attainable by him.” The axioms face challenges from two sides.First, one test requires that a claim not be denied by someone of whom one has no more reason to suspect of error than oneself. For Sidgwick, then, the egoist must not deny the axioms. But it would seem that an egoist would reject benevolence. Second, Sidgwick thinks he must show that the commonsense moralist agrees to the axioms. Benevolence seems to say that the only reason for departing from being bound to treat others like oneself is that more good would be produced. But the commonsense moralist will not agree that this is the only reason. In reply to the threat of an egoist's disagreement, this essay argues that many of the axioms should be read as having as their antecedent “from the point of view of the universe.” The essay replies to the objection that this makes these axioms analytic. In reply to the threat of a commonsense moralist's disagreement, this essay argues that each axiom states, in effect, a prima facie duty. The argument against the commonsense moralist concerns not benevolence but whether there are further duties that pass the tests. The essay raises the worry that here Sidgwick is unfair since sometimes he criticizes all-things-considered versions of commonsense duties; such criticisms would count against benevolence as well. (shrink)

In the Principles of the Penal Code, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was sceptical of the need to create offences, but grudgingly accepted their value in light of deficiencies in procedure and the judiciary. These days the scepticism is even greater, with courts and commentators in the United States, Canada, (...) the United Kingdom and elsewhere believing that such offences deny a defendant the right to establish that he did not engage in the conduct that the presumed offence probabilistically but not necessarily indicates. On closer analysis, however, such scepticism appears unjustified. Almost all offences, and indeed almost all legal rules, are premised on a probabilistic relationship between the behaviour the rule encompasses and the behaviour that is the rule-maker's real concern. Presumed offences may make this relationship especially obvious, but it is a relationship that exists whenever the law operates by the use of rules. (shrink)

Moral particularism is often conceived as the view that there are no moral principles. However, its most fêted accounts focus almost exclusively on rules regarding actions and their features. Such action-centred particularism is, I argue, compatible with generalism at the level of character traits. The resulting view is a form of particularist virtue ethics. This endorses directives of the form ‘Be X’ but rejects any implication that the relevant X-ness must therefore always count in favour of an action.

Recent debates in psychopathy studies have articulated concerns about false-positives in assessment and research sampling. These are pressing concerns for research progress, since scientific quality depends on sample quality, that is, if we wish to study psychopathy we must be certain that the individuals we study are, in fact, psychopaths. Thus, if conventional assessment tools yield substantial false-positives, this would explain why central research is laden with discrepancies and nonreplicable findings. This paper draws on moral psychology in order to develop (...) tentative theory-driven exclusion criteria applicable in research sampling. Implementing standardized procedures to discriminate between research participants has the potential to yield more homogenous and discrete samples, a vital prerequisite for research progress in etiology, epidemiology, and treatment strategies. (shrink)

What place, if any, moral principles should or do have in moral life has been a longstanding question for moral philosophy. For some, the proposition that moral philosophy should strive to articulate moral principles has been an article of faith. At least since Aristotle, however, there has been a rich counter-tradition that questions the possibility or value of trying to capture morality in principled terms. In recent years, philosophers who question principled approaches to morality have argued under the banner of (...) moral particularism. Particularists can be found in diverse areas of philosophical inquiry, and their positions and arguments are of broad interest.1 Despite its importance, a proper evaluation of particularism has been hindered both by the diversity of arguments employed to defend it, and, perhaps more significantly, by the diversity of positions that can fairly claim to be particularist. Our aim is first to explicate particularism by identifying a unified range of particularist theses and explaining both what unites them as versions of particularism as well as what distinguishes them from each other. We then articulate and evaluate the main arguments for particularism and explain how each is especially well-suited to supporting some conceptions of particularism rather than others. We tentatively conclude that the positive arguments for particularism are not convincing. They do, however, reveal particularism to be a surprisingly resilient position, one that is not readily refuted.. (shrink)

Moral particularism is a promising new approach which understands itself as a subchapter of holism in the theory of reasons. So particularism may be extended to other areas, such as metaphysics. One of the bases for this kind of move is elaborated by particularism itself as resultance, a strategy for providing the relevant basis that is opposed to various forms of generalism (the thin property of goodness is constituted by several thick properties, such as being good humoured, being pleasant; the (...) property of this being a table is constituted from properties of there being four legs, a plate, a certain arrangement). It is claimed that resultance or emergence needs a background structure in order to get off the ground. (shrink)

I argue that particularism (or holism) about reasons, i.e., the view that a feature that is a reason in one case need not be a reason in another case, is true, but uninterestingly so. Its truth is best explained by principles that govern a weaker notion than that of being a reason: one thing can be ‘normatively connected’ to something else without its being a reason for what it is normatively connected to. Thus, even though true, particularism about reasons does (...) not support the particularist’s general idea that the normative domain is not governed by principles. (shrink)

Empirical research in bioethics has developed rapidly over the past decade, but has largely eschewed the use of technology-driven methodologies. We propose “design bioethics” as an area of conjoined theoretical and methodological innovation in the field, working across bioethics, health sciences and human-centred technological design. We demonstrate the potential of digital tools, particularly purpose-built digital games, to align with theoretical frameworks in bioethics for empirical research, integrating context, narrative and embodiment in moral decision-making. Purpose-built digital tools can engender situated engagement (...) with bioethical questions; can achieve such engagement at scale; and can access groups traditionally under-represented in bioethics research and theory. If developed and used with appropriate rigor, tools motivated by “design bioethics” could offer unique insights into new and familiar normative and empirical issues in the field. (shrink)

It is known that people have been getting distressed for a long‐time and healthcare workers, like the military, seem to fit criteria for being at particular risk. Fairly recently a term of art, moral distress, has been added to types of distress at work, though not restricted to work, they can suffer. There are recognized scales that measure psychological distress such as the General Health Questionnaire and the Kessler scales but moral distress it is claimed is different warranting its own (...) scale. This seems to be because of both the intensity and nature of moral problems encountered at work that is so powerful and so destructive of moral agency and integrity. This paper will focus on how, if at all, moral distress is different by examining the idea of moral normativity. Moral normativity is understood as roughly the sort of thing that all rational persons would endorse regardless of his interests, having an “automatic reason giving force” and is likely to also require an overriding force. Specifically, it will examine how this force of moral claims seems to be needed for moral distress to be so destructive of healthcare professional's moral agency and integrity. This is related to the idea of warrantedness of the reaction of distress. Even if morality had such a strong normativity, one can still ask is distress the correct or warranted reaction? It seems plausible that if distress is a correct response for it to be both moral and warranted it needs a strong account of moral normativity. The idea of a distinct form of distress as moral distress may be true in theory but is too contested both ontologically and epistemologically for a useful practice of measurement at present. (shrink)

Jonathan Dancy challenges moral generalists to come up with a picture of moral thought and judgment which requires a provision of principles that cover the ground. The aim of this paper is to provide a response to Dancy's challenge. I argue that reasonable moral thought requires us to explain ourselves when we have reason to doubt our moral judgment about some particular case, that any such explanation commits us to a general moral principle over some domain of discussion and that (...) this principle expands to cover more and more ground as we consider more and more cases. (shrink)

What place, if any, moral principles should or do have in moral life has been a longstanding question f or moral philosophy. For some, the proposition that moral philosophy should strive to articulate moral principles has been an article of faith. At least since Aristotle, however, there has been a rieh counter-tradition that questions the possibility or value of trying to capture morality in principled terms. In recent years, philosophers who question principled approaches to morality have argued under the banner (...) of moral particularism. Particularists can be found in diverse areas of philosophical inquiry, and their positions and arguments are of broad interest. Despite its importance, a proper evaluation of particularism has been hindered both by the diversity of arguments employed to defend it, and, perhaps more significantly, by the diversity of positions that can fairly claim to be particularist. (shrink)

Journal of Philosophy of Education, Volume 56, Issue 2, Page 342-355, April 2022.

Minimalists generally see themselves as engaged in a descriptive project. They maintain that they can explain everything we want to say about truth without appealing to anything other than the T-schema, i.e., the idea that the proposition that p is true iff p. I argue that despite recent claims to the contrary, minimalists cannot explain one important belief many people have about truth, namely, that truth is good. If that is so, then minimalism, and possibly deflationism as a whole, must (...) be rejected or recast as a profoundly revisionary project. (shrink)

Moral philosophers are, among other things, in the business of constructing moral theories. And moral theories are, among other things, supposed to explain moral phenomena. Consequently, one’s views about the nature of moral explanation will influence the kinds of moral theories one is willing to countenance. Many moral philosophers are (explicitly or implicitly) committed to a deductive model of explanation. As I see it, this commitment lies at the heart of the current debate between moral particularists and moral generalists. In (...) this paper I argue that we have good reasons to give up this commitment. In fact, I show that an examination of the literature on scientific explanation reveals that we are used to, and comfortable with, non-deductive explanations in almost all areas of inquiry. As a result, I argue that we have reason to believe that moral explanations need not be grounded in exceptionless moral principles. (shrink)

Abstract: Particularism is usually understood as a position in moral philosophy. In fact, it is a view about all reasons, not only moral reasons. Here, I show that particularism is a familiar and controversial position in the philosophy of science and mathematics. I then argue for particularism with respect to scientific and mathematical reasoning. This has a bearing on moral particularism, because if particularism about moral reasons is true, then particularism must be true with respect to reasons of any sort, (...) including mathematical and scientific reasons. (shrink)

Do we need defeasible generalizations in epistemology, generalizations that are genuinely explanatory yet ineliminably exception-laden? Do we need them to endow our epistemology with a substantial explanatory structure? Mark Lance and Margaret Little argue for the claim that we do. I will argue that we can just as well do without them – at least in epistemology. So in the paper, I am trying to very briefly sketch an alternative contextualist picture. More specifically, the claim will be that although an (...) epistemic contextualist should commit himself to epistemic holism he can nevertheless appeal to epistemic principles other than defeasible generalizations in order to provide his epistemology with a structure. (shrink)

David Hume has warned us not to endeavor to derive an “ought” from an “is” (1990, 469–70), reprimanding those who attempt to draw value judgments from empirical facts. But Judith Jarvis Thomson refuses to accept that values and facts are logically disjoint in this manner, primarily because of her worry that such a partition of our moral values from the “facts” will place a grave limitation on any ethical system, namely, that its claims apparently cannot be proven. Consequently, Thomson is (...) on the lookout for some provably true facts that can be used, contra Hume, to draw conclusions about moral values. Thomson begins by rejecting all generalist conceptions of the good (specifically, the utilitarian's identification of the good with pleasure) and proceeds to fracture the good into various kinds of “goodness in a way,” hoping to produce by this disintegration some moral facts that can be used to set ethics on an objective foundation. But I will argue that Thomson's so‐called objective facts are actually nothing but disguised moral claims, and that in attempting to sidestep the classic fallacy identified by Hume, she has blundered into another pitfall—the Smuggler's Fallacy, the offense of concealing her moral conclusions inside the premises of her argument. (shrink)