It is commonly held that “ought implies can.” If so, what constraints does that place on the law? Having provided an argument which allows the maxim to be used by lawyers, I consider the application of that argument to both primary and remedial legal duties. This, it turns out, gives us some reason to reconsider whether the maxim is sound. Further, even if the maxim is sound, it has less purchase on remedial duties than is commonly supposed.

Besides pure declarative arguments, whose premises and conclusions are declaratives (“you sinned shamelessly; so you sinned”), and pure imperative arguments, whose premises and conclusions are imperatives (“repent quickly; so repent”), there are mixed-premise arguments, whose premises include both imperatives and declaratives (“if you sinned, repent; you sinned; so repent”), and cross-species arguments, whose premises are declaratives and whose conclusions are imperatives (“you must repent; so repent”) or vice versa (“repent; so you can repent”). I propose a general definition of argument (...) validity: an argument is valid exactly if, necessarily, every fact that sustains its premises also sustains its conclusion, where a fact sustains an imperative exactly if it favors the satisfaction over the violation of the imperative, and a fact sustains a declarative exactly if, necessarily, the declarative is true if the fact exists. I argue that this definition yields as special cases the standard definition of validity for pure declarative arguments and my previously defended definition of validity for pure imperative arguments, and that it yields intuitively acceptable results for mixed-premise and cross-species arguments. (shrink)

Ulrike Heuer argues that there can be a reason for a person to perform an action that this person cannot perform, as long as this person can take efficient steps towards performing this action. In this reply, I first argue that Heuer's examples fail to undermine my 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 argue that, on a plausible interpretation of (...) what 'efficient steps' are, Heuer's claim is consistent with my claim. I end by showing that Heuer fails to undermine the arguments I gave for my claim. (shrink)

I have elsewhere given three arguments for the claim that there can be a reason for a person to perform an action only if this person can perform this action. Henne, Semler, Chituc, De Brigard, and Sinnott-Armstrong make several objections to my arguments. I here respond to their objections.

A popular argument against the unilateral appropriation of unowned resources maintains that such appropriation is impossible because it implies a power to unilaterally impose novel obligations on others—a power which people cannot have given that they are moral equals. However, Bas van der Vossen has recently argued that initial appropriation does not create obligations in this way; rather, it merely alters the empirical facts that, together with obligations, determine people’s practical moral requirements. This paper argues that van der Vossen is (...) mistaken. Specifically, it contends that the creation of obligations is accompanied by a distinctive kind of variation in the obliged party’s practical requirements across possible worlds. Given that initial appropriation entails such variation, the paper argues that such appropriation does, in fact, create obligations. (shrink)

Almost all participants in the debate about the ethics of accidents with self-driving cars have so far assumed moral universalism. However, universalism may be philosophically more controversial than is commonly thought, and may lead to undesirable results in terms of non-moral consequences and feasibility. There thus seems to be a need to also start considering what I refer to as the “relativistic car” — a car that is programmed under the assumption that what is morally right, wrong, good, bad, etc. (...) is determined by the moral beliefs of one’s society or culture. My investigation of this idea involves six steps. First, I explain why and how the moral universalism/relativism debate is relevant to the issue of self-driving cars. Second, I argue that there are good reasons to consider accident algorithms that assume relativism. Third, I outline how a relativistic car would be programmed to behave. Fourth, I address what advantages such a car would have, both in terms of its non-moral consequences and feasibility. Fifth, I address the relativistic car’s disadvantages. Finally, I qualify and conclude my considerations. (shrink)

This paper examines what managers ought to do when confronted with apparent moral conflicts between their managerial responsibilities and the general requirements of morality, specifically when those conflicts are driven by the institutional environment. I examine Google’s decision to enter the Chinese search engine market as an example of such a conflict. I consider the view that Google’s managers engaged in justifiable moral compromise in making the choice to engage in self-censorship and show how this view depends on the idea (...) of genuine moral dilemmas or irresolvable moral conflicts. I argue that there are serious reasons to doubt the existence of genuine moral dilemmas both in the abstract, as well as in the context of managerial responsibility. I propose an alternative account for what Google’s managers ought to do, as well as others who face relevantly similar situations. The account contains two conditions for permissibly contributing to another party’s failure to live up to their moral responsibilities. The first condition is that the manager must intend and act in such a way as to minimize the firm’s complicity in the other entity or actor’s failure, which in most cases will imply a duty for the manager to take actions that aim towards changing the institutional context. Under the second condition, managers ought to communicate to the firm’s constituents that they take seriously the importance of the interests at stake. (shrink)

An influential objection to the view that intentions are non-derivatively relevant to the moral permissibility of actions states that if intentions were relevant to permissibility in such a way, one would have to take them into account in decision making, which would be odd (in some morally relevant sense of ‘oddness’). The paper outlines and assesses three candidates for the oddness: that considering intentions in decision making is an unordinary practice, that it is impossible or conceptually confused, and that it (...) assigns intentions the weight as moral considerations that they intuitively do not have. The paper rejects the first two and shows that the third is probably what motivates most critics of the relevance of intentions who raise this objection. If this is correct, the objection is a non-starter as it assumes what it has to prove. Towards the end, it is argued that the objection does not serve as a plausible error theory either. (shrink)

ABSTRACT:In this article we investigate a philosophical problem for normative business ethics theory suggested by a phenomenon that contemporary psychologists call “bounded ethicality,” which can be identified with the putative fact that well-intentioned people, constrained by psychological limitations, make ethical choices inconsistent with their own ethical beliefs and commitments. When one combines the idea that bounded ethicality is pervasive with the idea that a person morally ought to do something only if she can, it raises a doubt about the practical (...) relevance of the moral principles that business ethics theory prescribes. We call this doubt the Radical Behavioral Challenge. It consists in the idea that people cannot generally conform to the normative ethical principles that business ethics theorists prescribe, and that these principles are therefore practically irrelevant. We answer the Radical Behavioral Challenge and explore normative implications of our answer. (shrink)

A morally objectionable outcome can be overdetermined by the actions of multiple individual agents. In such cases, the outcome is the same regardless of what any individual does or does not do. (For a clear example of such a case, imagine the execution of an innocent person by a firing squad.) We argue that, in some of these types of cases, (a) there exists a group agent, a moral agent constituted by individual agents; (b) the group agent is guilty of (...) violating a moral obligation; however, (c) none of the individual agents violate any of their moral obligations. We explicate and defend this view, and consider its applications to problems generated by anthropogenic climate change and electoral politics. (shrink)

I argue that, each of the following, appropriately clarified to yield a noteworthy thesis, is true. Moral obligation can affect moral responsibility. Obligation succumbs to changes in responsibility. Obligation is immune from changes in responsibility.

Obligation incompatibilism is the view that determinism precludes moral obligation. I argue for the following. Two principles, ‘ought’ implies ‘can’ and ‘ought not’ is equivalent to ‘impermissi...

Take determinism to be the thesis that for any instant, there is exactly one physically possible future, and understand incompatibilism regarding responsibility to be the view that determinism is incompatible with moral responsibility. Of the many different arguments that have been advanced for this view, the crux of a relatively traditional one is this: If determinism is true, then we lack alternatives. If we lack alternatives, then we can't be morally responsible for any of our behavior. Therefore, if determinism is (...) true, then we can't be morally responsible for any of our behavior. The second premise is a version of the principle of alternate possibilities : persons are morally responsible for what they have done only if they could have done otherwise. This principle, in conjunction with the assumptions that responsibility requires control, and that this control consists in the freedom to do otherwise, provides the vital bridge from the initial premise to the skeptical conclusion. Some incompatibilists, joining ranks with various compatibilists, have sought to reject this principle by invoking so-called ‘Frankfurt examples.’. (shrink)

In this paper, we investigate the ‘ought implies can’ thesis, focusing on explanations and interpretations of OIC, with a view to clarifying its uses and relevance to legal philosophy. We first review various issues concerning the semantics and pragmatics of OIC; then we consider how OIC may be incorporated in Hartian and Kelsenian theories of the law. Along the way we also propose a taxonomy of OIC-related claims.

Theoria, Volume 88, Issue 4, Page 799-811, August 2022.

Are obligations of collective agents—such as states, businesses, and non-profits—ever overdemanding? I argue they are not. I consider two seemingly attractive routes to collective overdemandingness: that an obligation is overdemanding on a collective just if the performance would be overdemanding for members; and that an obligation is overdemanding on a collective just if the performance would frustrate the collective’s permissible deep preferences. I reject these. Instead, collective overdemandingness complaints should be reinterpreted as complaints about inability or third-party costs. These are (...) not the same as overdemandingness. Accordingly, we can ask an awful lot of collective agents. (shrink)

If moral responsibilities prescribe how agents ought to behave, are there also intellectual responsibilities prescribing what agents ought to believe? Many theorists have argued that there cannot be intellectual responsibilities because they would require the ability to control whether one believes, whereas it is impossible to control whether one believes. This argument appeals to an “ought implies can” principle for intellectual responsibilities. The present paper tests for the presence of intellectual responsibilities in social cognition. Four experiments show that intellectual responsibilities (...) are attributed to believe things and that these responsibilities can exceed what agents are able to believe. Furthermore, the results show that agents are sometimes considered responsible for failing to form true beliefs on the basis of good evidence, and that this effect does not depend on the seriousness of the consequences for failing to form a belief. These findings clarify when and how responsibilities for belief are attributed, falsify a conceptual entailment between ability and responsibility in the intellectual domain, and emphasize the importance of objective truth in intellectual evaluations. (shrink)

Defenders of compatibilism occupy one of two camps: those who think that free will requires the ability to do otherwise, and those who deny this. Those compatibilists who think that free will requires the ability to do otherwise are interested in defending a reading of ‘can’ such that one can do otherwise even if determinism is true. By contrast, those compatibilists who think that free will does not require the ability to do otherwise tend to join incompatibilists in denying that (...) determinism is compatible with the ability to do otherwise. The primary goal of this paper is to fight for the first camp and against the second camp. The secondary goal is to draw greater attention to a relatively overlooked aspect of the debate about alternative possibilities: that giving up on alternative possibilities might mean giving up on much of morality. (shrink)

An official misrepresentation of the law occurs when an official, acting as an agent of the state, represents what is legal or not in an erroneous or misleading way. Should reliance on such misrepresentations excuse one from criminal responsibility? American courts presently recognize two official misrepresentation defenses: Entrapment by Estoppel and Public Authority. However, there is disagreement about what constitutes these defenses and what their limits are. Part of the confusion surrounds why these defenses are justified at all, especially given (...) the general principle ignorantia juris non excusat. We propose an answer to this justification question: these defenses are justified because official misrepresentations preclude knowledge of the illegality of the acts in question. It is not simply that someone on the receiving end did not know; they could not know. We develop this account, linking it to due process and fairness, and then use it to clarify Entrapment by Estoppel and Public Authority and argue both should be subject to important restrictions. (shrink)

Normative reasons are of constant importance to us as agents trying to navigate through life. For this reason it is natural and vital to ask philosophical questions about reasons and the normative realm. This thesis explores various issues concerning reasons and normativity. The thesis consists of five free-standingpapers and an extended introduction. The aim of the extended introduction is not merely to situate the papers within a wider philosophical context but also to provide an overview of some of the central (...) research questions concerning reasons and normativity. The introduction is divided into five chapters. Chapter 1 introduces and outlines the dissertation. Chapter 2 concerns the issue of what a reason is and what different types of reasons there are, such as pro tanto reasons and overall reasons. Chapter 3 discusses the frequently employed weighing metaphor, i.e. that reasons have a certain weight and can be weighed against the weight of other reasons. Chapter 4 covers how reasons relate to other normative notions such as ought, value, and obligation. For example, it discusses whether it is the case that for something to be valuable just is for there to be reasons to favor it. Chapter 5 concludes the introduction by briefly exploring how it all relates.The thesis can be said to be embedded in a recent research trend within philosophy of normativity that has a distinguished focus on reasons.The five papers deal with various issues concerning reasons and normativity. Paper I argues for a novel and theoretically parsimonious way to understand background conditions for values and reasons. Paper II explores an interpretation of the distinction between subjectivism and objectivism about reasons and value so as to accommodate that the distinction does not commit either party to certain first order claims about what reasons there are or what makes objects valuable. Paper III discusses the dictum ‘ought implies can’and how to properly interpret the ‘can’. Paper IV defends principles according to which what we ought and have reasons to do transmit from ends to the necessary means of that action. Paper V analyzes how the Fitting Attitudes analysis of value should best understand degrees of value. (shrink)