There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms of contact (...) with value. You are in contact with a value when you are manifest in it or when it is manifest in you. You have reason to get in contact with the good and avoid contact with evil. And when you’re in contact with a value, the weight of the reasons it grounds are amplified for you. These ideas, we argue, can bring order to the chaos of commonsense morality. (shrink)

Maximalism is the view that an agent is permitted to perform a certain type of action if and only if she is permitted to perform some instance of this type, where φ-ing is an instance of ψ-ing if and only if φ-ing entails ψ-ing but not vice versa. Now, the aim of this paper is not to defend maximalism, but to defend a certain account of our options that when combined with maximalism results in a theory that accommodates the idea (...) that a moral theory ought to be morally harmonious—that is, ought to be such that the agents who satisfy the theory, whoever and however numerous they may be, are guaranteed to produce the morally best world that they have the option of producing. I argue that, for something to count as an option for an agent, it must, in the relevant sense, be under her control. And I argue that the relevant sort of control is the sort that we exercise over our reasons-responsive attitudes by being both receptive and reactive to reasons. I call this sort of control rational control, and I call the view that φ-ing is an option for a subject if and only if she has rational control over whether she φs rationalism. When we combine this view with maximalism, we get rationalist maximalism, which I argue is a promising moral theory. (shrink)

Thinking is overrated: golfers perform best when distracted and under pressure; firefighters make the right calls without a clue as to why; and you are yourself ill advised to look at your steps as you go down the stairs, or to try and remember your pin number before typing it in. Just do it, mindlessly. Both empirical psychologists and the common man have long worked out that thinking is often a bad idea, but philosophers still hang on to an intellectualist (...) picture of human action. This book challenges that picture and calls on philosophers to wake up to the power of mindlessness: it is our habits, skills and conventions that help us cope with a world way too diverse for us to hope to always reinterpret it. The book presents the empirical evidence that has been accumulating over the last few decades and offers a philosophical analysis of mindless phenomena such as habits, skilled activity, automatic actions, emotional and spontaneous reactions and social conventions, arguing that traditional philosophical theories of action should be revised to do justice to this forgotten but important part of our lives: when we act mindlessly, we are free and fully rational even though we neither deliberate nor are aware of what we are doing. (shrink)

Experimental research suggests that people draw a moral distinction between bad outcomes brought about as a means versus a side effect (or byproduct). Such findings have informed multiple psychological and philosophical debates about moral cognition, including its computational structure, its sensitivity to the famous Doctrine of Double Effect, its reliability, and its status as a universal and innate mental module akin to universal grammar. But some studies have failed to replicate the means/byproduct effect especially in the absence of other factors, (...) such as personal contact. So we aimed to determine how robust the means/byproduct effect is by conducting a meta-analysis of both published and unpublished studies (k = 101; 24,058 participants). We found that while there is an overall small difference between moral judgments of means and byproducts (standardized mean difference = 0.87, 95% CI 0.67 – 1.06; standardized mean change = 0.57, 95% CI 0.44 – 0.69; log odds ratio = 1.59, 95% CI 1.15 – 2.02), the mean effect size is primarily moderated by whether the outcome is brought about by personal contact, which typically involves the use of personal force. (shrink)

The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...) version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation. (shrink)

Does the content of a physically dangerous job affect the moral permissibility of hiring for that job? To what extent may employers consider costs in choosing workplace safety measures? Drawing on Kantian ethical theory, this article defends two strong ethical standards of workplace safety. First, the content of a hazardous job does indeed affect the moral permissibility of offering it. Unless employees need hazard pay to meet basic needs, it is permissible to offer a dangerous job only if prospective employees (...) have a reason other than hazard pay to choose this job instead of safer alternatives. Second, employers typically cannot justify omitting expensive safety measures by paying employees more, even if employees prefer higher pay to greater safety. Employers offering dangerous jobs must meet these two standards to avoid treating their employees merely as means. (shrink)

According to the classical Doctrine of Double Effect, there is a morally significant difference between intending harm and merely foreseeing harm. Versions of DDE have been defended in a variety of creative ways, but there is one difficulty, the so-called “closeness problem”, that continues to bedevil all of them. The problem is that an agent's intention can always be identified in such a fine-grained way as to eliminate an intention to harm from almost any situation, including those that have been (...) taken to be paradigmatic instances in which DDE applies to intended harm. In this paper, we consider and reject a number of recent attempts to solve the closeness problem. We argue that the failure of these proposals strongly suggests that the closeness problem is intractable, and that the distinction between intending harm and merely foreseeing harm is not morally significant. Further, we argue that there may be a deeper reason why such attempts must fail: the rationale that makes the best fit with DDE, namely, an imperative not to aim at evil, is itself irredeemably flawed. While we believe that these observations should lead us to abandon further attempts to solve the closeness problem for DDE, we also conclude by showing how a related principle that is supported by a distinct rationale and avoids facing the closeness problem altogether nevertheless shares with DDE its most important features, including an intuitive explanation of a number of cases and a commitment to the relevance of intentions. (shrink)

Solar radiation management (SRM), a form of climate engineering, would offset the effects of increased greenhouse gas concentrations by reducing the amount of sunlight absorbed by the Earth. To encourage support for SRM research, advocates argue that SRM may someday be needed to reduce the risks from climate change. This paper examines the implications of two moral constraints—the Doctrine of Doing and Allowing, and the Doctrine of Double Effect—on this argument for SRM and SRM research. The Doctrine of Doing and (...) Allowing, and perhaps the Doctrine of Double Effect, shows that the argument is weaker than it appears. (shrink)

There are several powerful motivations for neutral value‐based deontic theories such as Act Consequentialism. Traditionally, such theories have had great difficulty accounting for partiality towards one's personal relationships and projects. This paper presents a neutral value‐based theory that preserves the motivations for Act Consequentialism while vindicating some crucial intuitions about reasons to be partial. There are two central ideas. The first is that when it comes to working out what you ought to do, your friends’ interests, the needs of your (...) family, the significance of your own projects and ideals, etc. have more weight than the interests and needs of strangers. Your friends’ interests are not (thereby) more neutrally valuable than the interests of others. So there is a difference between the value of an outcome and its deontic significance. The second familiar idea is that reasons are modifiable. Reasons of partiality are reasons the weights of which are a function of the value of the relevant outcome modified by facts about the value of caring about the outcome in question. The resulting principle has various further explanatory advantages; in particular, it accounts for project‐ and relationship‐specific permissions and requirements, both at a time and across time. (shrink)

A traditional idea is that moral judgment involves more than calculating the consequences of actions; it also requires an assessment of the agent's intentions, the act's nature, and whether the agent uses another person as a means to her ends. I survey experimental developments suggesting that ordinary people often tacitly reason in terms of such deontological rules. It's now unclear whether we should posit a traditional form of the doctrine of double effect. However, further research suggests that a range of (...) non-consequentialist factors influence moral judgment, including intentions, commissions, personal harm, and agent-centered commitments. Many, if not all, such factors appear to affect how involved the agent is in bringing about an outcome. (shrink)

Joshua Greene argues that cognitive (neuro)science matters for ethics in two ways, the “direct route” and the “indirect route.” Greene illustrates the direct route with a debunking explanation of the inclination to condemn all incest. The indirect route is an updated version of Greene’s argument that dual-process moral psychology gives support for consequentialism over deontology. I consider each of Greene’s arguments, and I argue that neither succeeds. If there is a route from cognitive (neuro)science to ethics, Greene has not found (...) it. (shrink)

The practice whereby terminally ill patients choose to end their own lives painlessly by ingesting a drug prescribed by a physician has commonly been referred to as physician-assisted suicide. There is, however, a strong trend forming that seeks to deny that this act should properly be termed suicide. The purpose of this paper is to examine and reject the view that the term suicide should be abandoned in reference to what has been called physician-assisted suicide. I argue that there are (...) no good conceptual or philosophical reasons to avoid the suicide label. I contend that intending one’s death is essential to the nature of suicide, and this intention is normally required on the part of the terminally ill patient when she knowingly takes a life-ending drug. Additionally, the analysis shows that any plausible strategy that avoids the term suicide is counteracted by the way in which advocates of the practice want to make it legal. (shrink)

A major challenge to the Doctrine of Double Effect is the concern that an agent’s intention can be identified in such a fine-grained way as to eliminate an intention to harm from a putative example of an intended harm, and yet, the resulting case appears to be a case of impermissibility. This is the so-called “closeness problem.” Many people believe that one can address the closeness problem by adopting Warren Quinn’s version of the DDE, call it DDE*, which distinguishes between (...) harmful direct agency and harmful indirect agency. In this paper, I first argue that Quinn’s DDE* is just as vulnerable to the closeness problem as the DDE is. Second, some might think that what we should therefore do is give up on intentions altogether and move towards some kind of non-state-of-mind, victim-based deontology. I shall argue against this move and explain why intentions are indispensable to an adequate nonconsequentialist theory. Finally, I shall propose a new way of answering the closeness problem. (shrink)

I focus on the question as to what rationale could possibly underlie the doctrine of double effect or related principles. I first briefly review the correct critiques of the claim that people who intend some evil as a means to a good must be “guided by evil,” and that this is allegedly always wrong. I then argue that Quinn’s claim that violations of the DDE express certain negative attitudes of the agent and that agents violating the DDE must make an (...) additional morally problematic presumption regarding their victims is mistaken. Tadros claims that an agent violating the means principle must force his victims to adopt his goals. I demonstrate that the difference Tadros tries to construe between an agent inflicting intended harm and an agent inflicting merely foreseen harm is non-existent. Sarch’s official rationale for the DDE also fails to distinguish harming as a means from side-effect harming, and reformulations of his rationale that suggest themselves run into severe problems. Walen’s defense of the means principle in terms of the “restricting claims principle” and Øverland’s appeal to “moral obstacles” are susceptible to counter-examples and appear to be question-begging. Recently, Walen has offered a revised formulation of his Restricting Claims Principle, claiming that it overcomes counter-examples and explains the means principle. I will argue that it contradicts the means principle and does not overcome the counter-examples. Thus I conclude that so far we are still left without a reasonable rationale for the DDE or related principles. (shrink)

In this paper, I explore how to accommodate non-consequentialist constraints with a broadly value-based conception of reasons for action. It turns out that there are two grades of non-consequentialist constraints. The first grade involves attaching ethical importance to such distinctions as the doing/allowing distinction, and the distinction between intended and unintended consequences that is central to the Doctrine of Double Effect. However, at least within the value-based framework, this first grade is insufficient to explain rights, which ground weighty reasons against (...) infringing those rights that need not be outweighed even when infringing those rights is necessary for preventing a larger number of people from having their rights infringed in the same way. Such rights form a second grade of non-consequentialist constraints: within the value-based framework, this second grade is best explained in terms of the intrinsically relational values and disvalues of interpersonal interactions and relationships. (shrink)

In the rapidly expanding literature on the ethics of climate engineering, a lot has been made of the fact that stratospheric aerosol injection would for the first time create a world whose climate had been intentionally shaped by deliberate human decisions. Intention has always mattered in ethics. Due to the importance of intention in assigning culpability for harms, one might expect that the moral responsibility for any harms created during an attempt to reconstruct the global climate using stratospheric aerosols would (...) be considerable. This article investigates such an expectation by making a comparison between the culpability for any unintended harms resulting from stratospheric aerosol injection and culpability for the unintended harms already taking place due to carbon emissions. To make this comparison, both types of unintended harms are viewed through the lens of the doctrine of double effect. The conclusion reached goes against what many might expect. The article closes by suggesting that a good way to read this surprising conclusion is that it points toward the continuing moral importance of prioritizing emission reductions. (shrink)

Two crucial distinctions regarding political competence must be made. First, the mere probability that you will make a morally right decision (reliability) is distinct from your ability to skillfully make a decision (competence). Empirical and normative accounts have focused primarily on reliability, but competence is more important if we take central normative commitments seriously. Second, the competence you have on your own (direct competence) is distinct from the competence you have in contributing to some collective enterprise (contributory competence). Direct competence (...) is likely to be extremely demanding in a democratic context, so we should move to a contributory account of competence. (shrink)

There are some interesting similarities between Aristotle’s ‘mixed actions’ in Book III of the Nicomachean Ethics and the actions often thought to be justifiable with the Doctrine of Double Effect. Here I analyse these similarities by comparing Aristotle’s examples of mixed actions with standard cases from the literature on double effect such as, amongst others, strategic bombing, the trolley problem, and craniotomy. I find that, despite some common features such as the dilemmatic structure and the inevitability of a bad effect, (...) Aristotle’s mixed actions do not count as cases justifiable through application of the Doctrine of Double Effect because they fail to meet the crucial necessary condition of the Doctrine according to which the bad effect can only be a merely foreseen side-effect and not an intended means. (shrink)

An externalist view of intention is developed on broadly Wittgensteinian grounds, and applied to show that the classic Thomist doctrine of double effect, though it has good uses in casuistry, has also been overused because of the internalism about intention that has generally been presupposed by its users. We need a good criterion of what counts as the content of our intentional actions; I argue, again on Wittgensteinian grounds, that the best criterion comes not from foresight, nor from foresight plus (...) some degree of probability, nor from any metaphysics of “closeness”, but simply from our ordinary shared understanding of what counts as doing a given action, and what does not. (shrink)

The simple knowledge norm of assertion holds that one may assert that p only if one knows that p. Turri :37–45, 2011) and Williamson both argue that more is required for epistemically permissible assertion. In particular, they both think that the asserter must assert on the basis of her knowledge. Turri calls this the express knowledge norm of assertion. I defend SKNA and argue against EKNA. First, I argue that EKNA faces counterexamples. Second, I argue that EKNA assumes an implausible (...) view of permissibility on which an assertion is epistemically permissible only if it is made for a right reason, i.e., a reason that contributes to making it the case that it is epistemically permissible to make that assertion. However, the analogous view in other normative domains is both controversial and implausible. This is because it doesn’t make it possible for one to act or react rightly for the wrong reason. I suggest that proponents of EKNA have conflated requirements for φ-ing rightly with requirements for φ-ing well. Finally, I argue that proponents of SKNA can explain the intuitive defectiveness of asserting on the basis of an epistemically bad reason, even when the asserters know the content of their assertion, by arguing that the asserters are epistemically blameworthy. (shrink)

In this reply, I seek to summarize fairly the criticisms advanced by each of my four critics, Jonathan Schaffer, Gideon Yaffe, John Gardner, and Carolina Sartorio. That there is so little overlap either in the aspects of the book on which they focus or in the arguments they advance about those issues has forced me to reply to each of them separately. Schaffer focuses much of his criticisms on my view that absences cannot serve as causal relata and argues that (...) this commits me to the view that double preventions cannot be causal of events such as deaths. I deny that double preventions such as beheadings are not causal, while admitting that other double preventions are not causal but denying that this latter conclusion is unwelcome in its implications. Yaffe criticizes my view that a person substantially causing some harm H is sufficient for that person having performed the activity of H-ing, whereas I affirm that causing H is sufficient for doing the action of H-ing even if it is not sufficient for intentionally H-ing. Gardner takes issue with my “experiential argument” for the relevance of causation to moral blame; he urges that we cannot infer that we are more guilty from either the psychological fact that we feel more guilty or from the moral fact that it is virtuous to feel such heightened guilt, because it is viciously circular: we feel such guilt only because we have already judged that we are more guilty, and it is virtuous to feel such guilt only because we in fact are more guilty. I deny such circularity exists. Sartorio takes issue with my thesis that in omissive overdetermination cases neither omitter is morally responsible for the harm. I trade intuitions with Sartorio about a range of related cases that we each think bears on the issue. (shrink)

Trolley problems and like cases are often thought to show the inadequacy of purely consequentialist moral theories. In particular, they are often taken to reveal that consequentialists unduly neglect the moral significance of the causal structure of decision problems. To precisify such critiques and one sort of deontological morality they motivate, I develop a formal modeling framework within which trolley problems can be represented as suitably supplemented structural causal models and various consequentialist and double effect-inspired moral theories can be viewed (...) as disagreeing over the inputs of a common decision rule. (shrink)

In this article I attempt to overcome extant obstacles in deriving fundamental, objective and logically deduced definitions of personhood and their rights, by introducing an a priori paradigm of beings and morality. I do so by drawing a distinction between entities that are sought as ends and entities that are sought as means to said ends. The former entities, I offer, are the essence of personhood and are considered precious by observers possessing a logical system of valuation. The latter entities (...) – those sought only as a means to an end – I term ‘materials.’ Materials are sought for their conditional value: Important for achieving sought ends, they are not considered precious in and of themselves. A normative system for how this dichotomy of entities should interact is consequently derived and introduced. This paradigm has applicability for modern humanism and beyond. Assuming societal technological progression whereby human bodies and their surrounding infrastructures continue to evolve and integrate, the distinction between beings and their supporting materials, and a moral code for their interactions, will become ever more relevant. (shrink)

ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect, which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business activity. The article illustrates (...) how LDE helps to explain the exploitative nature of payday lending, the distinction between permissible and impermissible forms of market competition, and the potential wrong of imposing risk of harm on others. The article also addresses foundational debates about LDE itself. We offer the article as an illustration of the sort of “midlevel” theorizing that can address directly the needs of practitioners. (shrink)

Ordinary Language Philosophy has largely fallen out of favour, and with it the belief in the primary importance of analyses of ordinary language for philosophical purposes. Still, in their various endeavours, philosophers not only from analytic but also from other backgrounds refer to the use and meaning of terms of interest in ordinary parlance. In doing so, they most commonly appeal to their own linguistic intuitions. Often, the appeal to individual intuitions is supplemented by reference to dictionaries. In recent times, (...) Internet search engine queries for expressions of interest have become quite popular. Apparently, philosophers attempt to surpass the limits of their own linguistic intuitions by appealing to experts or to factual uses of language. I argue that this attempt is commendable but that its execution is wanting. Instead of appealing to dictionaries or Internet queries, philosophers should employ computer-based linguistic corpora in order to confirm or falsify hypotheses about the factual use of language. This approach also has some advantages over methods employed by experimental philosophers. If the importance of ordinary language is stressed, the use of linguistic corpora is hardly avoidable. (shrink)

There are some cases where it appears permissible to perform a rescue at someone’s expense, and other cases where it appears impermissible to do so. Existing explanations for our asymmetric moral judgments about such cases either fail to provide intuitive moral verdicts or lack a satisfying rationale. In this article, I propose a new explanation of what is morally problematic about certain rescues that is subject to neither issue. My proposal is a version of the means principle which adds the (...) essential caveat that there is no moral presumption against using someone as a means to benefit herself. By attributing moral significance to the victim’s relationship to the beneficiary rather than the agent alone, my solution points to a new underlying rationale for the means principle as well as extensional and explanatory inadequacies in competing theories. (shrink)

It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an (...) alternative explanation. It is not the intention of the doctor that counts, but the availability of an “objective” palliative justification. (shrink)

A person drives her well‐maintained car cautiously and alertly to the movies. Freak circumstances send the car out of control. It veers in the direction of a pedestrian whom it will kill unless she, or a third party, blows it up with a grenade. Whether the driver is liable to be thusly killed polarizes debates about the ethics of self‐defense. But debaters frequently conflate the questions of whether and by what means the driver is liable to be killed. The paper (...) separates these questions: it argues the driver's liability to lethal harm need not entail her liability to the grenade. (shrink)

Many ethicists maintain that medical research on human subjects that presents no prospect of direct medical benefit must have a prospect of social benefit to be ethical. Payment is not the sort of benefit that justifies exposing subjects to risk. Alan Wertheimer has raised a serious challenge to this view, pointing out that in industry, social value is not considered necessary to make dangerous jobs ethical. This article argues that Wertheimer was correct to think that the ethics of hazard pay (...) should be the same in medical research and in business. Nevertheless, a qualified social benefit requirement should apply in both fields. For a study or a job with significant net physical risk to be ethical, it must have social value beyond the satisfaction of ordinary preferences, including the preference for money. The requirement derives from a non-absolutist version of the doctrine of double effect. If a risky study or a dangerous job has no distinctive social value, and hazard pay is subjects' or workers’ only reason to undergo risks, the very fact that they undergo risk is intended as a means to a financial end. Inviting people to enrol in such a study or to take such a job wrongfully treats people as mere means. By contrast, if a study or a job has social value, people can participate with a primary end other than money, even if they accept compensation. Researchers or employers do not intend but merely foresee risks to subjects or workers. (shrink)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of terror bombing and strategic bombing which dominates this debate is underdetermined with regards to the agents’ psychologies: (a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double (...) Effect that explains the moral difference; (b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. (shrink)

A common objection to the view that one’s intentions are non-derivatively relevant to the moral permissibility of one’s actions is that it confuses permissibility with other categories of moral evaluation, in particular, with blameworthiness or character assessment. The objection states that a failure to distinguish what one is permitted to do from what kind of a person one is, or from what one can be held blameworthy for, leads one to believe that intentions are relevant to permissibility when in fact (...) they are only relevant to blameworthiness or to character assessment. In this paper, I argue that this objection is mistaken. I defend two claims: first, that a confusion of moral categories is not the source of the view that intentions are relevant to permissibility and, second, that in conjunction with some other premises a confusion does not undermine that view. (shrink)

The problem of closeness was posed by Philippa Foot in the article “The Problem of Abortion and the Doctrine of Double Effect”. Foot criticizes the classic version of the principle of double effect which distinguishes direct from indirect intention. On this basis, she considers it justified to cause bad effects which were foreseen but not intended. She believes that if we consider causing a bad effect to be justified then the way we do it is irrelevant, while the reference to (...) the direct/indirect distinction may lead to absurd solutions in some cases that allow us to distinguish two events in one action. These constitute, respectively, the object of direct and indirect intention and they are much too close for an application of the principle of double effect, such as when a doctor performs a craniotomy. The root of the problem of closeness is the question about the possible criterion that would allow us to determine which of the effects of an action are intended and which are merely foreseen. The starting point of the analysis of the problem of closeness in this article is the manner in which Foot outlines it in her article. In the second and more extensive part of the article, a number of contemporary attempts to solve the problem of closeness are presented, while the third section is an attempt to answer the question of why the discussion of the problem of closeness seems to remain deadlocked. (shrink)

Distributive egalitarians believe that distributive justice is to be explained by the idea of distributive equality (DE) and that DE is of intrinsic value. The socio-relational critique argues that distributive egalitarianism does not account for the “true” value of equality, which rather lies in the idea of “equality as a substantive social value” (ESV). This paper examines the socio-relational critique and argues that it fails because – contrary to what the critique presupposes –, first, ESV is not conceptually distinct from (...) DE, and second, the idea of ESV cannot serve as a “foundation” or “root” of distributive egalitarianism. (shrink)

This file contains the Bibliography of my book Mindlessness.

Civilian Immunity (‘Immunity’) is the legal and moral protection that civilians enjoy against the effects of hostilities under the laws of armed conflict and according to the ethics of killing in war. Immunity specifies different permissibility conditions fordirectly targeting civilianson the one hand, and forharming civilians incidentallyon the other hand. Immunity is standardly defended by appeal to the Doctrine of Double Effect (DDE). We show that Immunity's prohibitive stance towards targeting civilians directly, and its more permissive stance towards harming them (...) incidentally, can be defended without appealing to the DDE if agents suffer fromoverconfidence. Overconfidence is a cognitive bias that affects agents who are required to make decisions in the presence of significant uncertainty. (shrink)

The need for new insights to understand the effects of quoting slurs in linguistic communication has been evident over the past several years. Slurs seem to be capable of offending even when embedded in quotations or mentioned. This ability of the derogatory force of slurs to project out of embeddings like quotations is an instance of what I will call the ‘projectible force’ of slurs. This force is taken to be a particularly serious problem for content-based semantic theories, which claim (...) that what makes slurring utterances offensive is their derogatory content. The inert content criticism claims that quotations should render the content of a slur inert as quotations draw our attention only to the properties of the word itself. However, quoted or mentioned slurs can still offend, so the truth-conditional account of slurs must be wrong. I take the inert content criticism to be a locus of confusion. This confusion can be eliminated if we (1) disambiguate two notions of offense, (2) replace our naïve understanding of quotation with a more precise theory of quotation, and (3) use the deliverances of such a theory of quotation to help explain the different kinds of offense that can result from different features of slurring utterances. While this is not an attempt to defend the truth-conditional account of slurs, I will deliver something that both truth-conditional and prohibitionist accounts of slurs have failed to deliver: an explanation of how slurs under quotation can cause moral offense. (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)

T. M. Scanlon has argued that the intentions with which one acts, or more specifically, one’s reasons for acting, are non-derivatively irrelevant to the moral permissibility of one’s actions. According to one of his arguments in favor of that thesis, it can be permissible to act for one reason rather than another only if one can choose to act for a reason but, since that choice is impossible since believing as will is impossible, one can be permitted to act but (...) one cannot be permitted to act for a reason. This paper aims to show that that argument is unsound. It first argues that the assumption that choosing an action is necessary for it being an object of a moral duty or permission cannot be made consistent with Scanlon’s idea that the same does not hold for an action being an object of blame. It then argues that even if direct control over forming beliefs is impossible, it is not impossible to choose one’s reason for action and, therefore, to be permitted or forbidden to act for it. (shrink)

In criminal law, the mental state of the defendant is a crucial determinant of the grade of crime that the defendant has committed and of whether the conduct is criminal at all. Under the widely accepted modern hierarchy of mental states, an actor is most culpable for causing harm purposely and progressively less culpable for doing so knowingly, recklessly, or negligently. Notably, this hierarchy emphasizes cognitive rather than conative mental states. But this emphasis, I argue, is often unjustified. When we (...) punish and blame for wrongful acts, we should look beyond the cognitive dimensions of the actor’s culpability and should consider affective and volitional dimensions as well, including the actor’s intentions, motives, and attitudes. One promising alternative mental state is the attitude of culpable indifference. However, we must proceed carefully when permitting criminal liability to turn on culpable indifference and similar attitudes, lest we punish vicious or unvirtuous feelings that are no.. (shrink)

Contemporary defenses of the doctrine of double effect are mainly focused on avoiding the absurdity charge raised by Judith Thomson (). There are two strategies proposed in the literature for refuting Thomson's argument. In this paper I argue that answering Thomson's challenge comes at a heavy price: while both versions of the DDE that are developed within these two strategies successfully avoid the absurdity charge, they also remain incomplete. Thomson's argument reveals that the proponents of the DDE can at best (...) provide a partial defense of the claim that intentions can be relevant to permissibility. (shrink)

At the heart of Seth Lazar’s arguments in support of what he calls Moral Distinction – ‘In war, with rare exceptions, killing noncombatants is worse than killing combatants’ – is his treatment of eliminative and opportunistic killing. He adopts the standard line, that eliminative killing is easier to justify than opportunistic killing. And he acknowledges that there are various circumstances in which one might be able to justify killing noncombatants on eliminative grounds. Nonetheless, he relies on the notion of a (...) mixed kind of agency to argue that intentionally killing civilians is normally ‘more opportunistic than intentionally killing soldiers’, and is therefore normally more wrongful. I argue that his argument in favor of this claim fails. If we distinguish objectively available reasons from subjectively motivating ones, and pay attention to the limited relevance of subjectively motivating reasons, then it becomes clear that mixed agency cannot do the sort of work for just war theory that Lazar wants it to do. This failure need not impugn other parts of his defense of Moral Distinction. But it takes the heart out of his defense of it, putting a greater burden on the other parts of his argument. (shrink)