This paper shows an alternative way in which compatriot partiality could be justified within the framework of global distributive justice. Philosophers who argue that compatriot partiality is similar to racial partiality capture something correct about compatriot partiality. However, the analogy should not lead us to comprehensively reject compatriot partiality. We can justify compatriot partiality on the same grounds that liberation movements and affirmative action have been justified. Hence, given cosmopolitan demands of justice, special consideration for the economic well-being of your (...) nation as a whole is justified if and only if the country it identifies is an oppressed developing nation in an unjust global order. This justification is incomplete. We also need to say why Person A, qua national of Country A, is justified in helping her compatriots in Country A over similarly or slightly more oppressed non-compatriots in Country B. I argue that Person A’s partiality towards her compatriots admits further vindication because it is part of an oppressed group’s project of self-emancipation, which is preferable to paternalistic emancipation. Finally, I identify three benefits in my justification for compatriot partiality. First, I do not offer a blanket justification for all forms of compatriot partiality. Partiality between members of oppressed groups is only a temporary effective measure designed to level an unlevel playing field. Second, because history attests that sovereign republics could arise as a collective response to colonial oppression, justifying compatriot partiality on the grounds that I have identified is conducive to the development of sovereignty and even democracy in poor countries, thereby avoiding problems of infringement that many humanitarian poverty alleviation efforts encounter. Finally, my justification for compatriot partiality complies with the implicit cosmopolitan commitment to the realizability of global justice theories. (shrink)

I argue that the social dimension of alienation, as discussed by Williams and Railton, has been underappreciated. The lesson typically drawn from their exchange is that moral theory poses a threat to the internal integrity of the agent, but there is a parallel risk that moral theory will implicitly construe agents as constitutively alienated from one another. I argue that a satisfying account of agency will need to make room for what I call ‘genuine ethical contact’ with others, both as (...) concrete objects in the world external to ourselves and as subjects who can recognize us reciprocally. (shrink)

In this paper, I examine three mutually inconsistent claims that are commonly attributed to Hume: all beliefs are involuntary; some beliefs are subject to normative appraisal; and that ‘Ought implies Can’. I examine the textual support for such ascription, and the options for dealing with the puzzle posed by their inconsistency. In what follows I will put forward some evidence that Hume maintains each of the three positions outlined above. I then examine what I call the ‘prior voluntary action’ solution. (...) I argue that this position in any form fails to account for synchronic rationality. I then raise more specific objections depending on how we disambiguate the position, which can be read as either granting beliefs derivative voluntariness, or as denying their normative significance; the former version is inconsistent with Hume’s treatment of natural abilities, while the latter falls to a regress given Hume’s thesis regarding the inability of actions and passions to be subject to epistemic normativity. I then propose to reject instead for two reasons: first, the weakness of textual support for such an ascription; secondly, Hume’s explicit recognition of the irrelevance of involuntariness to normative evaluation in the moral case. (shrink)

In discussions of practical reason we often encounter the view that a fact is a reason for an agent to act only if the fact is capable of moving the agent to act. This view figures centrally in many philosophical controversies, and while taken for granted by some, it is vigorously disputed by others. In this essay I show that if the disputed position is correctly interpreted, it is well armored against stock objections and implied by a premise that is (...) not only plausible, but generally accepted by the position's critics. (shrink)

Morality exercises a deep and questionable influence on the way we live our lives. The influence is deep both because moral injunctions are embedded in our psyches long before we can reflect on their status and because even after we become reflective agents, the question of how we should live our lives among others is intimately bound up with the more general question of how we should live our lives: our stance toward morality and our conception of our lives as (...) having significance are of a piece. The influence is questionable because morality pretends to a level of objectivity that it may not possess. Moral injunctions are meant to be binding on us in some way that is independent of the desires or preferences we may happen to have. When one asserts that a certain action is morally worthy or shameful one is, prime facie, doing more than merely expressing approval or disapproval or trying to get others to act as instruments of one's own will. If moral assertions were shown, at bottom, to be merely such exhortations, then they would be shown to wear a disguise. Morality would be revealed as pretending to an objectivity it does not have, and such a revelation could not but have a profound impact on our lives. It is doubtful that such a revelation could be kept locked up inside our studies. (shrink)

Morality exercises a deep and questionable influence on the way we live our lives. The influence is deep both because moral injunctions are embedded in our psyches long before we can reflect on their status and because even after we become reflective agents, the question of how we should live our lives among others is intimately bound up with the more general question of how we should live our lives: our stance toward morality and our conception of our lives as (...) having significance are of a piece. The influence is questionable because morality pretends to a level of objectivity that it may not possess. Moral injunctions are meant to be binding on us in some way that is independent of the desires or preferences we may happen to have. When one asserts that a certain action is morally worthy or shameful one is, prime facie, doing more than merely expressing approval or disapproval or trying to get others to act as instruments of one's own will. If moral assertions were shown, at bottom, to be merely such exhortations, then they would be shown to wear a disguise. Morality would be revealed as pretending to an objectivity it does not have, and such a revelation could not but have a profound impact on our lives. It is doubtful that such a revelation could be kept locked up inside our studies. (shrink)

I explore how considerations about psychological damage connect with moral theories.

I deal here with one of Boghossian’s arguments against content externalism, related to ourinferential rationality(to use his term). According to his reasoning, the apriority of our logical abilities is inconsistent with certain externalist assumptions. Nevertheless, the problem constitutes an important challenge foranytheory of content, not just for externalism. Furthermore, when we examine what internalists may propose to solve the problem, we see that externalists have at their disposal a more promising repertoire of possible replies than internalists. In that sense, insofar (...) as Boghossian’s scenario is relevant to the debate externalism/internalism, it can be seen (against Boghossian’s original intention) as providing additional evidence for content externalism. (shrink)

Despite the fact that business people and business students often cast doubt on the relevance of universal moral principles in business, the rejection of relativism is a precondition for business ethics to get off the ground. This paper proposes an educational strategy to overcome the philosophical confusions about relativism in which business people and students are often trapped. First, the paper provides some conceptual distinctions and clarifications related to moral relativism, particularism, and virtue ethics. More particularly, it revisits arguments demonstrating (...) that virtues in business are not in contradiction with the relevance of universal principles, despite the fact that virtue ethics is often identified with particular relationships and contexts. It goes on to show how students and managers, but also researchers, often mix up radically different conceptions of moral relativism. It is also argued that this confusion is in part created by the cross-cultural management literature in which the methodological stance of the value-freedom of the social sciences is, in a perplexingly mistaken way, transformed into a rejection of all normative discussion and a plea for relativism. The remainder of the paper presents some tools that may be helpful in steering people toward less simplistic views about moral relativism and virtue ethics. It further argues that it is equally important to spell out that moral universalism can be understood in a humble way, without implying either arrogant ethnocentrism or omniscience, as part of an ongoing debate that progresses gradually. (shrink)

We review several instances where cognitive research has identified distinct psychological mechanisms for moral judgment that yield conflicting answers to moral dilemmas. In each of these cases, the conflict between psychological mechanisms is paralleled by prominent philosophical debates between different moral theories. A parsimonious account of this data is that key claims supporting different moral theories ultimately derive from the psychological mechanisms that give rise to moral judgments. If this view is correct, it has some important implications for the practice (...) of philosophy. We suggest several ways that moral philosophy and practical reasoning can proceed in the face of discordant theories grounded in diverse psychological mechanisms. (shrink)

Where does the impetus towards ethical theory come from? What drives humans to make values explicit, consistent, and discursively justifiable? This paper situates the demand for ethical theory in human life by identifying the practical needs that give rise to it. Such a practical derivation puts the demand in its place: while finding a home for it in the public decision-making of modern societies, it also imposes limitations on the demand by presenting it as scalable and context-sensitive. This differentiates strong (...) forms of the demand calling for theory from weaker forms calling for less, and contexts where it has a place from contexts where it is out of place. In light of this, subjecting personal deliberation to the demand turns out to involve a trade-off. (shrink)

Several critics of realist theories of political legitimacy have alleged that it possesses a problematic bias towards the status quo. This bias is thought to be reflected in the way in which these...

I examine the ‘momentous’ choices that one makes early in life – about career or spouse, for example – and I ask what it means to regret such choices at the end of one’s life. I argue that such regrets are almost meaningless because of the difficulty of imaginatively accessing a much earlier self. I then contrast long-term regret to remorse, and argue that the two are qualitatively different experiences because remorse involves another person as victim.

This paper asks three inter-related questions, proceeding chronologically through a divorcee’s experience: is it responsible and rational to make an unconditional marital vow in the first place? does divorce break that unconditional marital vow? And the main question: can the divorcee make a second unconditional marital vow in all moral seriousness? To the last question I answer yes. I argue that the divorce process is so disorienting – to use Amy Harbin’s term – as to transform the divorcee and therefore (...) partly release her from the original vow. Arguing this will require a specific understanding of personal identity and change. (shrink)

Abstract: There is much that I admire in Richard Moran's account of how first-person authority may be consistent with self-knowledge as an achievement. In this paper, I examine his attempt to characterize the goal of psychoanalytic treatment, which is surely that the patient should go beyond the mere theoretical acceptance of the analyst's interpretation, and requires instead a more intimate, first-personal, awareness by the patient of their psychological condition.I object, however, that the way in which Moran distinguishes between the deliberative (...) and the theoretical attitudes is ultimately inconsistent with a satisfactory account of psychoanalytic practice; mainly because, despite Moran's claims to the contrary, such a distinction is still inspired by a Cartesian picture of the self. I argue that, in the light of his distinction, Moran may emphasize that an agent's psychological dispositions should be permeable to her decisions and projects, but is forced to reject the idea that permeability could go the other way too. I explore Bernard Williams' notion of acknowledgment and Simone Weil's distinction between two notions of necessity, in order to articulate a notion of receptive passivity which may help us to characterize this second direction of permeability. I finally outline why receptive passivity (and, thereby, the double direction of permeability) is crucial in order to identify the goal of psychoanalytic treatment and, derivatively, to understand how a certain kind of awareness may have a significant therapeutic effect. (shrink)

This article offers a justification for accommodating claims of conscience. The standard justification points to the pain that acting against one’s conscience entails. But that defense cannot make sense of the state’s refusal to accommodate individuals where the law interferes with their deeply meaningful but nonmoral projects. An alternative justification, we argue, arises once one recognizes the connection between conscience and moral address: One’s lived moral convictions determine when and with what force one can hold others to account. Acting against (...) one’s convictions can undermine one’s standing to blame others who act in similar ways. When the state compels someone to act against conscience, it renders her complicit in conduct she takes to be wrong and thereby impairs her ability to condemn similar conduct in the future, in a manner akin to the hypocrite. The reason the state should not compel people to act against conscience, then, is that doing so would undercut their moral standing. (shrink)

Bernard Williams briefly discusses agent regret in his broader account of moral luck. The present paper first outlines one way to develop Williams’s notion with reference to the unintended harm; it then suggests that agent regret can be counteracted by externalizing the action that caused unintended harm, in Harry Frankfurt’s sense of externalization; and then the present paper argues that apology is a mechanism by which a person can externalize an offending action/effect—in that way counteracting agent regret. This function for (...) apology—self-repair—is different from others described in the literature, which address the role of apology in repairing relationships. The present paper describes a nonfictional example, that of a veteran of the U.S. war in Iraq who contacts a family gravely injured by him and his combat unit; the veteran is motivated to contact the family to apologize. The example serves as a prototypical case of agent regret. The example is taken from a recent literature on the clinical psychology of self-inflicted “moral injury”; categorizing this example of moral injury as agent regret also helps broaden our understanding of moral injury as a philosophical category and as a psychological phenomenon. (shrink)

Although the role of imagination in moral reasoning is often neglected, recent literature, mostly of pragmatist signature, points to imagination as one of its central elements. In this article we develop some of their arguments by looking at the moral role of imagination in practice, in particular the practice of neonatal intensive care. Drawing on empirical research, we analyze a decision-making process in various stages: delivery, staff meeting, and reflection afterwards. We show how imagination aids medical practitioners demarcating moral categories, (...) tuning their actions, and exploring long-range consequences of decisions. We argue that imagination helps to bring about at least four kinds of integration in the moral decision-making process: personal integration by creating a moral self-image in moments of reflection; social integration by aiding the conciliation of the diverging perspectives of the people involved; temporal integration by facilitating the parties to transcend the present moment and connect past, present, and future; and epistemological integration by helping to combine the various forms of knowledge and experience needed to make moral decisions. Furthermore, we argue that the role of imagination in these moral decision-processes is limited in several significant ways. Rather than being a solution itself, it is merely an aid and cannot replace the decision itself. Finally, there are also limits to the practical relevance of this theoretical reflection. In the end, it is up to care professionals as reflective practitioners to re-imagine the practice of intensive care and make the right decisions with hope and imagination. (shrink)

There is a gap between, on the one hand, the tragic character of human action and, on the other hand, our moral and legal conceptions of responsibility that focus on individual agency and absolute guilt. Drawing on Kierkegaard’s understanding of tragic action and engaging with contemporary discourse on moral luck, poetic justice, and relational responsibility, this paper argues for a reform of our legal practices based on a less ‘harsh’ (Kierkegaard) conception of moral and legal responsibility and directed more at (...) empathic understanding based on the emotional and imaginative appreciation of personal narratives. This may help our societies and communities to better cope with unacceptable deeds by individuals who are neither criminals nor patients, to make room for praise as well as blame and punishment, and to set up practices and institutions that do not rely on a conception of responsibility that is hard to bear for all of us. (shrink)

This paper defends a minimal desert thesis, according to which someone who is blameworthy for something deserves to feel guilty, to the right extent, at the right time, because of her culpability. The sentiment or emotion of guilt includes a thought that one is blameworthy for something as well as an unpleasant affect. Feeling guilty is not a matter of inflicting suffering on oneself, and it need not involve any thought that one deserves to suffer. The desert of a feeling (...) of guilt is a kind of moral propriety of that response, and it is a matter of justice. If the minimal desert thesis is correct, then it is in some respect good that one who is blameworthy feel guilty—there is some justice in that state of affairs. But if retributivism concerns the justification of punishment, the minimal desert thesis is not retributivist. Its plausibility nevertheless raises doubt about whether, as some have argued, there are senses of moral responsibility that are not desert-entailing. (shrink)

Ethical theorists often assume that the verb ‘ought’ means roughly ‘has an obligation’; however, this assumption is belied by the diversity of ‘flavours’ of ought-sentences in English. A natural response is that ‘ought’ is ambiguous. However, this response is incompatible with the standard treatment of ‘ought’ by theoretical semanticists, who classify ‘ought’ as a member of the family of modal verbs, which are treated uniformly as operators. To many ethical theorists, however, this popular treatment in linguistics seems to elide an (...) important distinction between agential and non-agential ought-statements. The thought is that ‘ought’ must have at least two senses, one implicating agency and connected to obligations, and another covering other uses. In this paper, I pursue some resolution of this tension between semantic theory and ethical theory with respect to the meaning of ‘ought’. To this end, I consider what I believe to be the most linguistically sophisticated argument for the view that the word ‘ought’ is ambiguous between agential and non-agential senses. This argument, due to Mark Schroeder, is instructive but based on a false claim about the syntax of agential ought-sentences—or so I attempt to show by first situating Schroeder's argument in its proper linguistic background and then discussing some syntactic evidence that he fails to appreciate. Then, I use the failure of this argument to motivate some more general reflections on how the standard treatment of ‘ought’ by theoretical semanticists might be refined in the light of the distinction important to ethical theory between agential and non-agential ought-statements, but also on how ethical theory might benefit from more careful study of the dominant treatment of modals as operators in theoretical semantics. (shrink)

I develop an anti-theory view of ethics. Moral theory (Kantian, utilitarian, virtue ethical, etc.) is the dominant approach to ethics among academic philosophers. But moral theory's hunt for a single Master Factor (utility, universalisability, virtue . . .) is implausibly systematising and reductionist. Perhaps scientism drives the approach? But good science always insists on respect for the data, even messy data: I criticise Singer's remarks on infanticide as a clear instance of moral theory failing to respect the data of moral (...) perceptions and moral intuitions. Moral theory also fails to provide a coherent basis for real-world motivation, justification, explanation, and prediction of good and bad, right and wrong. Consider for instance the marginal place of love in moral theory, compared with its central place in people's actual ethical outlooks and decision making. Hence, moral theory typically fails to ground any adequate ethical outlook. I propose that it is the notion of an ethical outlook that philosophical ethicists should pursue, not the unfruitful and distorting notion of a moral theory. (shrink)

Envy and resentment are generally thought to be unpleasant and unethical emotions which ought to be condemned. I argue that both envy and resentment, in some important forms, are moral emotions connected with concern for justice, understood in terms of desert and entitlement. They enable us to recognise injustice, work as a spur to acting against it and connect us to others. Thus, we should accept these emotions as part of the ethical life.

Are there any conditions under which to justify deliberately hiding or manipulating the expression of our opinions, emotions or character traits in front of others? this article examines David Hume’s answer to this question by discussing the practices that he calls good manners and impudence. the conclusion is that Hume’s description of the moral point of view allows for two conditions under which practices of opacity such as good manners and impudence can be morally assessed.

In this paper, we derive a four-stage process model of how hybrid organizations respond to specific challenges that arise under conditions of value pluralism and institutional complexity. Engaging in exploratory qualitative research of six Australian hybrid organizations, we identify institutional and organizational responses to pluralism, particularly as organizations strive to uphold multiple value commitments, such as social, environmental and/or financial outcomes. We find that by employing a process of separating, negotiating, aggregating, and subjectively assessing the value that is created, our (...) cases demonstrate how they move between logics in a dynamic fashion and address specific challenges of cognitive dissonance, incommensurability, interdependence and aggregation. Our model contributes to the literature by reframing the notion of ‘tensions’ that arise in conditions of hybridity and characterize specific challenges and sequential responses that may go some way to addressing why some hybrids employ particular responses to pluralism and why some succeed. (shrink)

According to Kantian ethics, immoral actions convey disrespect. This negative attitude makes injuries inflicted by other persons worse than injuries caused by nature, ceteris paribus. As Strawson would later put it, the perpetrator’s attitude of disregard prompts in the victim the reactive attitude of resentment. But, I point out, we harbour and display plenty of other negative attitudes toward people aside from disrespect. What, if any, reactive attitudes are natural and appropriate in response to these? In unrequited love, for example, (...) the beloved denies the lover a certain kind of recognition that she desires. I claim that this often prompts resentment in the lover, despite the fact that she has suffered no moral wrongdoing—that her injury is, as I term it, ‘tragic’. If this is so, we must reconceive the meaning of resentment, distinguishing it sharply from indignation. After offering such a reinterpretation of resentment and indignation, I show how ‘tragic resentment’ might be warranted despite lacking a moral claim. If the beloved bears a deep responsibility for not reciprocating the love, then he is subject to negative reactive attitudes for it, despite the fact that he cannot choose whom to love and has no obligation to love. (shrink)

Humanitarian organisations often work alongside those responsible for serious wrongdoing. In these circumstances, accusations of moral complicity are sometimes levelled at decision makers. These accusations can carry a strong if unfocused moral charge and are frequently the source of significant moral unease. In this paper, we explore the meaning and usefulness of complicity and its relation to moral accountability. We also examine the impact of concerns about complicity on the motivation of humanitarian staff and the risk that complicity may lead (...) to a retreat into moral narcissism. Moral narcissism is the possibility that where humanitarian actors inadvertently become implicated in wrongdoing, they may focus more on their image as self-consciously good actors than on the interests of potential beneficiaries. Moral narcissism can be triggered where accusations of complicity are made and can slew decision making. We look at three interventions by Médecins Sans Frontières that gave rise to questions of complicity. We question its decision-guiding usefulness. Drawing on recent thought, we suggest that complicity can helpfully draw attention to the presence of moral conflict and to the way International Non-Governmental Organisations can be drawn into unintentional wrongdoing. We acknowledge the moral challenge that complicity presents to humanitarian staff but argue that complicity does not help INGOs make tough decisions in morally compromising situations as to whether they should continue with an intervention or pull out. (shrink)

Despite much discussion over the existence of moral facts, metaethicists have largely ignored the related question of their possibility. This paper addresses the issue from the moral error theorist’s perspective, and shows how the arguments that error theorists have produced against the existence of moral facts at this world, if sound, also show that moral facts are impossible, at least at worlds non-morally identical to our own and, on some versions of the error theory, at any world. So error theorists’ (...) arguments warrant a stronger conclusion than has previously been noticed. This may appear to make them vulnerable to counterarguments that take the possibility of moral facts as a premise. However, I show that any such arguments would be question-begging. (shrink)

Abstract Susan Moller Okin has criticized Michael Sandel's view that the family is an example of an institution that is sometimes ?above? or ?beyond? justice, and for which justice is not, under the best conditions, a virtue. She argues that he both misses the point of justice as a virtue of social institutions and that he idealizes the family, and after undertaking this ?ground-clearing?, goes on to argue that families should be just. This paper offers a qualified defense of Sandel. (...) I argue, first, that Sandel has not missed the point of justice as a virtue of social institutions. But I go on to argue, more centrally, that if we distinguish between what I call ?internal? and ?social? justice of the family, and look carefully at the conclusions of Okin's own arguments, we see that she has really argued for the social justice of the family, and that this can be maintained alongside Sandel's vision of the family as an institution within which considerations of justice are neither central, nor necessarily appropriate. I try to carve out space both for Sandel's vision of the family, and for Okin's substantive feminist conclusions about family-based gender injustice. (shrink)

Over the past two decades, moral philosophers have been engaged in a seemingly interminable debate about the role of internal and external reasons in practical reasoning. The rough distinction between these two sorts of reasons is this: internal reasons apply to particular agents in virtue of their relation to that agent's desires, preferences, or other motivational states, while external reasons are normative for particular agents quite independently of their relation to the subjective motivational states of these agents.

Cases of modest sociality are cases of small scale shared intentional agency in the absence of asymmetric authority relations. I seek a conceptual framework that adequately supports our theorizing about such modest sociality. I want to understand what in the world constitutes such modest sociality. I seek an understanding of the kinds of normativity that are central to modest sociality. And throughout we need to keep track of the relations—conceptual, metaphysical, normative—between individual agency and modest sociality. In pursuit of these (...) theoretical aims, I propose that a central phenomenon is shared intention. I argue that an adequate understanding of the distinctiveness of the intentions of individuals allows us to provide a construction of attitudes of the participants, and of relevant inter-relations and contexts that constitutes shared intention. I explain how shared intention, so understood, differs from a simple equilibrium within common knowledge. And I briefly contrast my views with aspects of views of John Searle and Margaret Gilbert. (shrink)

The practical thought of planning agents is subject to distinctive rationality norms. In particular, there are norms of intention consistency and of means-end coherence. I discuss the normative significance of these norms and their relation to practical reasons. I seek a path between views that see these norms as, at bottom, norms of theoretical rationality, and views that see the idea that these norms have distinctive normative significance as a 'myth'. And I seek to distinguish these norms from principles about (...) the transmission of practical reasons. In the end, my view draws on claims about what is involved in being a self-governing planning agent. (shrink)

Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in far too (...) many cases. I resolve the triad by considering the content of the vows. Vows concerning love are not promises at all. We cannot promise to do acts the performance of which is outside our control, and love involves states of mind outside our control. Vows concerning spousal roles are complicated by diverse social understandings of marriage and the centrality of emotion to the roles. (shrink)

Anti-luck epistemologists tell us that knowledge is incompatible with epistemic luck and that epistemic luck is just a special case of luck in general. Much work has been done on the intricacies of the first claim. In this paper, I scrutinize the second claim. I argue that it does not survive scrutiny. I then offer an analysis of luck that explains the relevant data and avoids the problems from which the current views of luck suffer. However, this analysis of luck (...) is of no help to the anti-luck epistemologist for it uses knowledge to explain luck, making this account of knowledge circular. The main lesson is that the only viable analysis of luck is not suited for the anti-luck epistemologist's coveted noncircular analysis of knowledge. (shrink)

This article discusses the possibility of a rationally justified choice between two options neither of which is better than the other while they are not equally good either (‘3NT’). Joseph Raz regards such options as incomparable and argues that reason cannot guide the choice between them. Ruth Chang, by contrast, tries to show that many cases of putative incomparability are instead cases of parity—a fourth value relation of comparability, in addition to the three standard value relations ‘better than’, ‘worse than’ (...) and ‘equally good as’. It follows, she argues, that many choice situations in which rationally justified choice seems precluded are in fact situations within the reach of practical reason. This article has three aims: (1) it challenges Chang’s argument for the possibility of parity; (2) it demonstrates that, even if parity would exist, its problematic implications for practical reason would not differ from those of Raz’s incomparability; (3) it discusses the underlying cause of hard cases of comparison: the fact that none of the three standard value relations applies (‘3NT’). It will be shown that the problematic implications for the rational justification of the choice are due to 3NT itself, irrespective of whether 3NT is explained as incomparability or parity. (shrink)

Revisionists claim that the retributive intuitions informing our responsibility-attributing practices are unwarranted under determinism, not only because they are false, but because if we are all victims of causal luck, it is unfair to treat one another as if we are deserving of moral and legal sanctions. One revisionist strategy recommends a deflationary concept of moral responsibility, and that we justify punishment in consequentialist rather than retributive terms. Another revisionist strategy recommends that we eliminate all concepts of guilt, blame and (...) punishment, and treat dangerous criminals as we treat people with contagious diseases. I argue against both strong and moderate revisionism that it is not unfair to hold persons desert -entailingly responsible insofar as they take an interest in being treated as appraisable, and that it is unfair to persons not to treat them as desert -entailingly responsible contrary to their interests in being treated as such. The interest-based argument, I conclude, give us a justification for communicating retributive attitudes, but may still require a weak revision of our retributive practices, in the direction of a communicative theory of punishment. (shrink)

According to the work of Alasdair MacIntyre, there is an incommensurability between different theories of normative ethics. MacIntyre’s view on the incommensurability of ethical discourse casts doubt upon the pluralistic proposal of Magelssen and colleagues, since the insights gained from the various theories will themselves be incommensurate with one another. However, since there are obvious benefits provided both by arguments for pluralism and the insights of Magelssen and colleagues, I utilize some later work of MacIntyre to offer an alternative means (...) of conceiving of the role of ethical theories not as providing direct insights, but rather as imagined perspectives which will give rise to practical knowledge for the clinical ethicists, which can be used in developing their conclusions. (shrink)

Ethical theories and theories of the person constrain each other, in that a proposition about the person may be a reason for or against an ethical proposition, and conversely. An important class of such propositions about the person concern the boundaries of the person. These boundaries enclose a person 's defining properties, which constitute his identity. A person 's identity may partly determine and partly be determined by his ethical judgments. An equilibrium between one's identity and one's ethical judgments is (...) the counterpart, at the personal level, of the philosophical ideal of reflective equilibrium between a theory of the person and an ethical theory. (shrink)

A popular view is that we create our own identities and values. An attractive version of this is the thesis that the creation of values follows from the creation of identities. The thesis is best supported by a conception of identity in terms of projects and a conception of values that are internal to projects: in creating my projects, I create values internal to them; so I create those values. This paper argues that the thesis faces a dilemma: it is (...) either true but uninteresting or interesting by false. The dilemma persists whether the values in question are conceived as purpose-relative, as moral, or as both purpose-relative and moral. (shrink)

Can concepts such as loyalty and integrity remain intrinsically valuable personal traits even as we devote ourselves to that which requires the loyalty in the first place (the greater good)? Does utilitarian deliberation rest on too extreme a notion of impartiality - one that focuses exclusively on the consequences of actions, leaving people, in the words of Bernard Williams, "mere faceless numbers"? Using the film Casablanca as an extended analogy, this article attempts to reconcile the concept of loyalty to a (...) cause, as described by Josiah Royce, with Williams's argument that personal integrity can remain part of even utilitarian thought processes. (shrink)

In the criminal law, the law of attempts is of comparatively recent vintage. It is part of an important contemporary legal trend towards early intervention in the criminal process. There are now a substantial number of crimes on the books that, like the crime of attempt, only require that the perpetrator start down the road to carrying out his criminal intentions and do not require him actually to have harmed his victim. Besides the law of attempts, these new crimes include (...) conspiracy and solicitation, forgery and counterfeiting, the possession offences, even corruption of youth. In all these cases, the law is stepping in to forestall harm, rather than waiting until a harm has already happened. (shrink)

It is common for philosophers to reject otherwise plausible moral theories on the ground that they are objectionably demanding, and to endorse “Moderate” alternatives. I argue that while support can be found within the method of reflective equilibrium for Moderate moral principles of the kind that are often advocated, it is much more difficult than Moderates have supposed to provide support for the view that morality’s demands in circumstances like ours are also Moderate. Once we draw a clear distinction between (...) Moderate accounts of the content of moral principles, and Moderate accounts of morality’s demands in circumstances like ours, we can see that defenses of Moderate views that include both of these components are subject to both methodological and substantive objections. I consider arguments for Moderate views that have been made by Samuel Scheffler and Richard Miller, and argue that both are methodologically problematic because they rely on appeals to intuitions that we have strong grounds to think are unreliable. I conclude that we must take seriously the possibility that Moderate principles, applied to well off people in circumstances like ours, imply demands that are much more extensive than Moderates typically accept. (shrink)

In matters of responsibility, there are often two sides to the transaction: one party who holds another responsible, and the other who takes responsibility for her conduct. The first side has been closely scrutinized in discussions of the nature of responsibility, due to the influential Strawsonian conjecture that an agent is responsible if and only if it is appropriate to hold her responsible. This preoccupation with holding responsible – with its focus on the second-personal perspective and on responses like blame (...) – contrasts with a relative neglect of the perspective of the agent and the role that she has to play by taking responsibility. I aim to show that this neglect is undeserved – that taking responsibility is both distinct in character from holding responsible and fundamentally important in its own right. I develop a conception of taking responsibility that reveals an under-explored dimension of our responsibility practices. (shrink)

In this paper, I present a sample spiritual exercise—a contemporary form of the written practice that ancient philosophers used to shape their characters. The exercise, which develops the ancient practice of the examination of conscience, is on the sixth mass extinction and seeks to understand why the extinction appears as a moral wrong. It concludes by finding a vice in the moral character of the author and the author’s society. From a methodological standpoint, the purpose of spiritual exercises is to (...) create a habit of thoughtfulness in the writer, and by way of teaching, to suggest one to the reader. Such a habit is important, at least, because virtue is a habit. In other words, there can be no learning of virtue itself without habituation into it. Accordingly, I frame the sample spiritual exercise with a deliberately controversial objection to contemporary academic virtue ethics and with a justification for why the spiritual exercise is important for taking virtue ethically. And I end the paper with some further remarks explaining the form of the exercise and its relevance to doing philosophy. In this way, the paper makes and illustrates a methodological point about virtue ethics based on a meta-ethical assumption about virtue as a habit, and it does this by focusing on a pressing environmental problem in the twenty-first century. (shrink)

This paper takes as a starting point a recent development in privacy-debates: the emphasis on social and institutional environments in the definition and the defence of privacy. Recognizing the merits of this approach I supplement it in two respects. First, an analysis of the relation between privacy and autonomy teaches that in the digital age more than ever individual autonomy is threatened. The striking contrast between on the one hand offline vocabulary, where autonomy and individual decision making prevail, and on (...) the other online practices is a challenge that cannot be met in a social approach. Secondly, I elucidate the background of the social approach. Its importance is not exclusively related to the digital age. In public life we regularly face privacy-moments, when in a small distinguished social domain few people are commonly involved in common experiences. In the digital age the contextual integrity model of Helen Nissenbaum has become very influential. However this model has some problems. Nissenbaum refers to a variety of sources and uses several terms to explain the normativity in her model. The notion ‘context’ is not specific and faces the reproach of conservatism. We elaborate on the most promising suggestion: an elaboration on the notion ‘goods’ as it can be found in the works of Michael Walzer and Alisdair Macintyre. Developing criteria for defining a normative framework requires making explicit the substantive goods that are at stake in a context, and take them as the starting point for decisions about the flow of information. Doing so delivers stronger and more specific orientations that are indispensible in discussions about digital privacy. (shrink)

This paper presents a critique of a prevailing conception of the relation between moral reasoning and judgment on the one hand, and moral goodness on the other. I argue that moral reasoning is inescapably vulnerable to moral, as opposed to merely theoretical, failure. This, I argue, means that there is something deeply misleading in the way that Kant's moral theory, and some of its main rivals, have invited us to conceive of their subject matter.