Philosophy and Phenomenological Research, EarlyView.

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

Argues, against Anscombe, that Aristotle had the concept of morality as an interpersonal normative order: morality is justice in general. For an action to be wrong is not for it to warrant blame, or to wrong another person, but to be something one should not do that one has no right to do. In the absence of rights, morality makes no sense.

The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...) something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are, how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features. (shrink)

I argue that metaethicists should be concerned with two kinds of alienation that can result from theories of normativity: alienation between an agent and her reasons, and alienation between an agent and the concrete others with whom morality is principally concerned. A theory that cannot avoid alienation risks failing to make sense of central features of our experience of being agents, in whose lives normativity plays an important role. The twin threats of alienation establish two desiderata for theories of normativity; (...) however, I argue that they are difficult to jointly satisfy. (shrink)

Directed duties are those duties whose violation would wrong someone in particular. Under what conditions, and in virtue of what, is a duty directed to someone? This is the Question of Direction. In this article, I explore the possibility of providing a Contractualist answer to the Question of Direction—one where the directedness of a directed duty is explained by the way in which that duty is derived in Contractualist moral reasoning. After presenting and rejecting three attempts at such an answer, (...) I arrive at a satisfactory one: An agent has a duty to an individual to perform some action just in case and because, were the agent not to perform that action, the agent would make the individual occupy the standpoint relative to which any principle that permits the agent not to perform that action is unacceptable. (shrink)

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all (...) it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink)

ABSTRACTTo whom is a duty owed? Contractualism answers with an interest theory of direction. As such, it faces three challenges. The Conceptual Challenge requires acknowledgment that a duty is conceptually distinct from an interest. The Extensional Challenge requires an account of cases in which one who is owed a duty does not take an interest in the duty, or does not take as much of an interest as someone who is not owed the duty. The Positivist Challenge requires explanation of (...) the great flexibility of law and other social practices in positing duties that do not reflect the landscape of moral interests. Contractualism can be shown to meet these challenges once we acknowledge the centrality of the idea of a generic interest. Focusing on generic interests also illuminates the distinctive form of respect involved in directedness. (shrink)

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.