Assuming that an agent can be morally responsible for her forgetting to do something, we can use recent psychological research on prospective memory to assess the psychological assumptions made by normative accounts of the moral responsibility for forgetting. Two accounts of moral responsibility (control accounts and valuative accounts) have been prominent in recent debates about the degree to which agents are blameworthy for their unwitting omissions. This paper highlights the psychological assumptions concerning remembering and forgetting that characterise the accounts. The (...) paper then introduces and reviews recent empirical literature on prospective memory. Finally, it uses the literature to assess the various assumptions. One important implication is that a direct capacitarian control account implies implausible assumptions about the psychological capacity for remembering. A second important implication is that an indirect capacitarian control account and a valuative account highlight different but complementary aspects of remembering and forgetting. (shrink)

In this paper I argue that the basic form of good luck (eutuchia) that Aristotle identifies in his Eudemian Ethics 8.2 is the divine good luck, which is not also natural good luck, as is commonly assumed by interpreters. The property of being lucky is neither a primitive nor a natural property, nor such that it is based on some natural property, but a property bestowed by god. Hence, the only satisfactory explanation of good luck must be theological. Furthermore, I (...) argue that Aristotle’s account is neutral in regard to character, intellectual, and physical dispositions of those who are subject to good luck. (shrink)

The concept of luck is important in various areas of philosophy. In this paper I argue that two prominent accounts of luck, the modal and the probabilistic account of luck, need to be combined to accommodate the various ways in which luck comes in degrees. I briefly sketch such a hybrid account of luck, distinguish it from two similar accounts recently proposed, and consider some objections.

In section one the deontological (or responsibilist) conception of justification is discussed and explained. In section two, arguments are put forward in order to derive the most plausible version of perspectival internalism, or the position that epistemic justification is a function of factors internal to the believer's cognitive perspective. The two most common considerations put forward in favor of perspectival internalism are discussed. These are the responsibilist conception of justification, and the intuition that two believers with like beliefs and experiences (...) are equally justified in their like beliefs. In section three it is argued that perspectival internalism is false, and that in fact the position is not supported by a responsibilist conception of justification. Section four explicates two other forms of internalism, which are rejected for reasons similar to those presented against perspectival internalism. In section five, an internalist theory of justification is defended which is supported by a responsibilist conception of justification. Roughly stated, the position is that justified belief is belief which arises from the use of correct rules of reasoning. The idea of correctness is explicated, and the position is distinguished from others which are similar to it. (shrink)

This essay argues that non-linguistic animals qualify not just for externalist notions of rationality (maximizing biological fitness or utility), but also for internal ones. They can act for reasons in several senses: their behaviour is subject to intentional explanations, they can act in the light of reasons - provided that the latter are conceived as objective facts rather than subjective mental states - and they can deliberate. Finally, even if they could not, it would still be misguided to maintain that (...) animals are capable only of (mechanical) behaviour, not of (intentional) action. (shrink)

One question about the role of the mental in the determination of practical reason concerns the pro-attitudes: can any set of beliefs, without the help of a desire, rationalize or make reasonable a desire, intention, attempt, or intentional action? After criticizing Michael Smith’s argument for a negative answer to this question, I present two arguments in favor of a positive answer. Another question about the role of the mental in the determination of practical reason concerns belief: what gives you a (...) reason to go to the store, the fact that you’re out of milk or the belief that you’re out of milk? The two questions about the mental are connected. I argue that if we give a positive answer to the first question and reject the Humean Theory of Motivation, we cannot accept the currently favored conception of normative reasons as determined by the facts. For the anti-Humean, normative reasons must be determined by the agent’s perspective. (shrink)

Rationality and reasonableness are often sharply distinguished from one another and are even held to be in conflict. On this construal, rationality consists in means-end calculation of the most efficient means to one's ends (which are usually taken to be self-interested), while reasonableness consists in equitableness whereby one respects the rights of other persons as well as oneself. To deal with this conflict, it is noted that both rationality and reasonableness are based on reason, which is analyzed as the power (...) of attaining truth, and especially necessary truth. It is then shown that, by the rationality involved in reason, the moral principle of reasonableness, the Principle of Generic Consistency (PGC), has a stringently rational justification in that to deny or violate it is to incur self-contradiction. Objections are considered bearing on relevance and motivation. It is concluded that, where reasonableness and egoistic rationality conflict, the former is rationally superior. (shrink)

What is the nature of moral behavior? According to the study of bounded rationality, it results not from character traits or rational deliberation alone, but from the interplay between mind and environment. In this view, moral behavior is based on pragmatic social heuristics rather than moral rules or maximization principles. These social heuristics are not good or bad per se, but solely in relation to the environments in which they are used. This has methodological implications for the study of morality: (...) Behavior needs to be studied in social groups as well as in isolation, in natural environments as well as in labs. It also has implications for moral policy: Only by accepting the fact that behavior is a function of both mind and environmental structures can realistic prescriptive means of achieving moral goals be developed. (shrink)

Nagel’s constitutive moral luck is one important type of moral luck, but discussions of it have tended to focus on temperament. Luck in how aware a person is of morally relevant aspects of her situation—awareness luck—though similar in some ways, also raises different issues. Luck in temperament impacts how difficult a person finds it to behave well, while awareness luck impacts whether she even recognizes that the situation is making a moral demand on her. For this reason, awareness luck raises (...) some unique challenges for those who would deny the existence of moral luck. (shrink)

Guidelines orient best practices in medicine, yet, in health care, many real world constraints limit their optimal realization. Since guideline implementation problems are not systematically anticipated, they will be discovered only post facto, in a learning curve period, while the already implemented guideline is tweaked, debugged and adapted. This learning process comes with costs to human health and quality of life. Despite such predictable hazard, the study and modeling of medical guideline implementation is still seldom pursued. In this article we (...) argue that to systematically identify, predict and prevent medical guideline implementation errors is both an epistemic responsibility and an ethical imperative in health care, in order to properly provide beneficence, minimize or avoid harm, show respect for persons, and administer justice. Furthermore, we suggest that implementation knowledge is best achieved technically by providing simulation modeling studies to anticipate the realization of medical guidelines, in multiple contexts, with system and scenario analysis, in its alignment with the emerging field of implementation science and in recognition of learning health systems. It follows from both claims that it is an ethical imperative and an epistemic responsibility to simulate medical guidelines in context to minimize harm in health care, before guideline implementation. (shrink)

In this paper we defend a version of moral internalism and a cognitivist account of motivation against recent criticisms. The internalist thesis we espouse claims that, if an agent believes she has reason to A, then she is motivated to A. Discussion of counter-examples has been clouded by the absence of a clear account of the nature of motivation. While we can only begin to provide such an account in this paper, we do enough to show that our version of (...) internalism can be defended against putative counter-examples. All theories of motivation which take what motivates to be a psychological state run foul of the following plausible constraint: the reason why you ought to do an action and the reason why you do it can be the same. In our view, however, while what motivates is a reason (which is a fact) the state of being motivated is a cognitive stage, viz. the belief that one has reason to act. In cases where the agent's relevant beliefs are false, then she has no reason to act, but nontheless her action can be explained in other ways. (shrink)

Think of some environmentally unfriendly choices – taking the car instead of public transport or driving an SUV, just binning something recyclable, using lots of plastic bags, buying an enormous television, washing clothes in hot water, replacing something when you could make do with last year's model, heating rooms you don't use or leaving the heating high when you could put on another layer of clothing, flying for holidays, wasting food and water, eating a lot of beef, installing a patio (...) heater, maybe even, as some have said lately, owning a dog. Think about your own choices, instances in which you take an action which enlarges your carbon footprint when you might have done otherwise without much trouble. Is there consolation in the thought that it makes no difference what you do? (shrink)

The critics of rational choice theory frequently claim that RCT is self-defeating in the sense that agents who abide by RCT’s prescriptions are less successful in satisfying their preferences than they would be if they abided by some normative theory of choice other than RCT. In this paper, I combine insights from philosophy of action, philosophy of mind and the normative foundations of RCT to rebut this often-made criticism. I then explicate the implications of my thesis for the wider philosophical (...) debate concerning the normativity of RCT for both ideal agents who can form and revise their intentions instantly without cognitive costs and real-life agents who have limited control over the formation and the dynamics of their own intentions. (shrink)

The later Rawls attempts to offer a non-comprehensive, but nonetheless moral justification in political philosophy. Many critics of political liberalism doubt that this is successful, but Rawlsians often complain that such criticisms rely on the unwarranted assumption that one cannot offer a moral justification other than by taking a philosophically comprehensive route. In this article, I internally criticize the justification strategy employed by the later Rawls. I show that he cannot offer us good grounds for the rational hope that citizens (...) will assign political values priority over non-political values in cases of conflict about political matters. I also suggest an alternative approach to justification in political philosophy (that is, a weak realist, Williams-inspired account) that better respects the later Rawls’s concern with non-comprehensiveness and pluralism than either his own view or more comprehensive approaches. Thus, if we take reasonable pluralism seriously, then we should adopt what Shklar aptly called ‘liberalism of fear’. (shrink)

In Ethics and the Limits of Philosophy, Bernard Williams is rather severe on what he thinks of as an ethics of obligation. He has in mind by this Kant and W. D. Ross. For many, obligation seems the very core of ethics and the moral realm, and lives more generally are seen through the prism of this notion. This, according to Williams, flattens out our lives and moral experience and fails to take into account things which are obviously important to (...) our lives. Once we take these things into account, what do we do if they come into conflict with some of our moral obligations, as Williams, in his earlier writings on moral luck, thought to be the case. I want here to explore some of these ideas, in a way that I think harmonious with Williams's general bent though not one that I intend as in any way detailed exegesis of Williams's work. (shrink)

This paper advances a reductive semantics for ‘ought’ and a naturalistic theory of normativity. It gives a unified analysis of predictive, instrumental, and categorical uses of ‘ought’: the predictive ‘ought’ is basic, and is interpreted in terms of probability. Instrumental ‘oughts’ are analyzed as predictive ‘oughts’ occurring under an ‘in order that’ modifer (the end-relational theory). The theory is then extended to categorical uses of ‘ought’: it is argued that they are special rhetorical uses of the instrumental ‘ought’. Plausible conversational (...) principles explain how this end-relational ‘ought’ can perform the expressive functions of the moral ‘ought’. The notion of an ‘ought-simpliciter’ is also discussed. (shrink)

There are certain kinds of risk for which governments, rather than individual actors, are increasingly held responsible. This article discusses how regulatory institutions can ensure an equitable distribution of risk between various groups such as rich and poor, and present and future generations. It focuses on cases of risk associated with technological and biotechnological innovation. After discussing various possibilities and difficulties of distribution, this article proposes a non-welfarist understanding of risk as a burden of cooperation.

European Journal of Philosophy, EarlyView.

This paper aims to outline, evaluate, and ultimately reject a virtue epistemic theory of testimony before proposing a virtue ethical theory. Trust and trustworthiness, it is proposed, are ethical virtues; and from these ethical virtues, epistemic consequences follow.

This paper argues that one of the most valuable insights that Muslim-Americans ought to bring into the political arena is our affective response to the government of the United States' internal and foreign policies regarding Muslims. I posit the concept of empathy as one such response that ought to inform our foreign policy in a manner inclusive of Muslim-Americans. The scope of our epistemic privilege encompasses the affective response that crosses borders of the nation-state in virtue of our propinquity to (...) the narratives of Muslims globally. Such an affective response is crucial to our selves remaining multiplicitous and whole. Furthermore, I argue that we ought to access and assess those aspects of our identity that make us subject to suspicions of disloyalty, because it is precisely those aspects that can inform our social and political discourse in a more morally adequate and responsive way. (shrink)

What reason does one have to resist oppression? The reasons that most easily come to mind are those having to do with justice—reasons that arise from commitments to human equality and the common good. In this paper, I argue that there are also reasons of love—reasons that arise from personal attachments to specific people, projects, or activities. I defend a distinctive form of resistance that is characteristically undertaken for reasons of love, which I call Quiet Resistance. Contrary to theories that (...) build reasons of justice into the definition of resistance, I argue that we have strong reason to consider Quiet Resistance a genuine form of resistance. Finally, I argue that the reasons in favor of engaging in Quiet Resistance help to explain its distinctive value. In short, when one engages in Quiet Resistance, one’s actions are valuable in large part because they allow one to maintain respect for one’s personal values and meaning in life under oppressive conditions. (shrink)

Despite its prominence in traditional societies and its apparent commonsense appeal, the moral tradition of Role Ethics has been largely neglected in mainstream normative theory. Role Ethics is the view that the duties and/or virtues of social life are determined largely by the social roles we incur in the communities we inhabit. This essay aims to address two of the main challenges that hinder Role Ethics from garnering more serious consideration as a legitimate normative theory, namely that it is ill-suited (...) to support a theory of right action that can enhance moral reasoning, and that it countenances certain unjust roles such as that of slave or slave-owner. Taking inspiration from contemporary social science, we argue that proponents of Role Ethics can adopt a view that reduces the apparent diversity of role obligations to four prototypical types of role duties. We propose a contemporary version of Role Ethics that coheres with human moral psychology, and which lends itself to a relatively pragmatic theory of right action that precludes the possibility of unjust roles. (shrink)

The ethics of autonomous vehicles has received a great amount of attention in recent years, specifically in regard to their decisional policies in accident situations in which human harm is a likely consequence. Starting from the assumption that human harm is unavoidable, many authors have developed differing accounts of what morality requires in these situations. In this article, a strategy for AV decision-making is proposed, the Ethical Valence Theory, which paints AV decision-making as a type of claim mitigation: different road (...) users hold different moral claims on the vehicle’s behavior, and the vehicle must mitigate these claims as it makes decisions about its environment. Using the context of autonomous vehicles, the harm produced by an action and the uncertainties connected to it are quantified and accounted for through deliberation, resulting in an ethical implementation coherent with reality. The goal of this approach is not to define how moral theory requires vehicles to behave, but rather to provide a computational approach that is flexible enough to accommodate a number of ‘moral positions’ concerning what morality demands and what road users may expect, offering an evaluation tool for the social acceptability of an autonomous vehicle’s ethical decision making. (shrink)

I offer replies to critical comments on my book, Utopophobia: On the Limits of Political Philosophy, in four pieces appearing in the same issue of this journal.

We examined the effects of order of presentation on the moral judgments of professional philosophers and two comparison groups. All groups showed similar-sized order effects on their judgments about hypothetical moral scenarios targeting the doctrine of the double effect, the action-omission distinction, and the principle of moral luck. Philosophers' endorsements of related general moral principles were also substantially influenced by the order in which the hypothetical scenarios had previously been presented. Thus, philosophical expertise does not appear to enhance the stability (...) of moral judgments against this presumably unwanted source of bias, even given familiar types of cases and principles. (shrink)

This paper aims to offer a plausible and renewed defence of the axioms of the already well-known account of political philosophy ‘luck egalitarianism’. By finding certain support not only in the Kantian moral programme but also in widely accepted intuitions of our time, it is contended that luck egalitarianism possesses sufficient justification to become an ethical guide at the global level, revealing plausibly the existence of a compelling positive moral duty to terminate global poverty and denouncing its toleration as nothing (...) but a matter of injustice. The arguments provided to embrace such a proposal are built upon the widely accepted claim in moral philosophy that ‘all persons are equal in fundamental moral worth’. From this standpoint, I argue that the luck egalitarian doctrine can not only satisfy such a claim to its ultimate consequences, but it also reasonably overcome its most severe challenges that have diminished its merits in recent times when it aspires to become a tenable theory of justice. (shrink)

Some of the recent philosophical literature on moral luck attempts to make headway in the moral-luck debate by employing the resources of empirical psychology, in effect arguing that some of the intuitive judgments relevant to the moral-luck debate are best explained - and so presumably explained away - as the output of well-documented cognitive biases. We argue that such attempts are empirically problematic, and furthermore that even if they were not, it is still not at all clear what philosophical significance (...) they would have. (shrink)

Arguments for value incommensurability ultimately depend on a certain diagnosis of human motivation. Incommensurablists hold that each person's basic ends are not only irreducible but also incompatible with one another. It isn't merely that some goals can't, in fact, be jointly realized; values actually compete for influence. This account makes a mistake about the nature of human motivation. Each value underwrites a ceteris paribus evaluation. Such assessments are mutually compatible because the observation that there is something to be said for (...) an outcome from a particular perspective allows for any ultimate evaluation of that outcome; Values can be irreducible without thereby being incommensurable. (shrink)

The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical commission of the offence. This (...) paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature of their involvement in any specific offence. (shrink)

One’s constitution—whether one is generous or miserly, temperate or intemperate, kind or mean, etc.—is beyond one’s control in significant respects. Yet one’s constitution affects how one acts. And how one acts affects one’s moral standing. The counterintuitive inference—the so-called problem of constitutive moral luck—is that one’s moral standing is, to some significant extent, beyond one’s control. This article grants the premises but resists the inference. It argues that one’s constitution should have no net impact on one’s moral standing. While a (...) bad constitution lowers the chance that one will act morally, it offers significant gains to moral standing should that chance materialize. A good constitution increases one’s chance of performing good acts but for correspondingly more modest gains. This effect should smooth out, and possibly eliminate, the expected impact of constitution on moral standing. (shrink)

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)

It is maintained that the arguments put forward by Bernard Williams and Thomas Nagel in their widely influential exchange on the problem of moral luck are marred by a failure to (i) present a coherent understanding of what is involved in the notion of luck, and (ii) adequately distinguish between the problem of moral luck and the analogue problem of epistemic luck, especially that version of the problem that is traditionally presented by the epistemological sceptic. It is further claimed that (...) once one offers a more developed notion of luck and disambiguates the problem of moral luck from the problem of epistemic luck (especially in its sceptical guise), neither of these papers is able to offer unambiguous grounds for thinking that there is a problem of moral luck. Indeed, it is shown that in so far as these papers succeed in making a prima facie case for the existence of epistemic luck, it is only the familiar sceptical variant of this problem that they identify. (shrink)

An important platitude about prudential rationality is that I should not refuse to sacrifice a smaller amount of present welfare for the sake of larger future benefits. I ought, in other words, to treat my present and future as of equal prudential significance. The demands of prudence are less clear, however, when it comes to one’s past selves. In this paper, I argue that past benefits are possible in two ways, and that this fact cannot be easily accommodated by traditional (...) approaches to prudential rationality. Against univocal accounts of prudential rationality, I hold that the possibility of past benefits suggests that a bias toward the present and future is defensible when it comes to some welfare goods, but that prudential reasons are temporally neutral between when it comes to the success or failure of one’s long-term projects. (shrink)

ABSTRACT Meritocracy, in which success depends on ability and effort, is a desirable goal for sport, even if sport does not achieve this goal perfectly. However, even in a meritocracy whether athletes deserve praise is questionable, given that a determinant of success, genetic endowments, is beyond their control. From a hard determinist perspective, even the elements of athletes’ actions that appear to be within their control—their diligence in developing their skill and strategy and their good sportsmanship—are themselves a function of (...) other environmental and genetic factors for which they deserve no credit. However, a more plausible approach is the compatibilist view that enables us to combine moral evaluation of athletes’ actions with recognizing the causal influences on human behavior. In contrast with manipulation, which really does negate control over our actions, causation that operates via our rational agency is benign and perfectly consistent with our deserving praise for our achievements. (shrink)

The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera doctrine allows us to impute unfree (...) actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. This doctrine seems to be instantiated in a great many actual legal practices. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases. (shrink)

David Shoemaker has claimed that a binary approach to moral responsibility leaves out something important, namely instances of marginal agency, cases where agents seem to be eligible for some responsibility responses but not others. In this paper we endorse and extend Shoemaker’s approach by presenting and discussing one more case of marginal agency not yet covered by Shoemaker or in the other literature on moral responsibility. Our case is that of Kenneth Parks, a Canadian man who drove a long way (...) to his mother-in-law’s and killed her in a state of somnambulism. We support our claim about Parks’ marginal responsibility in three steps: we first deny that Parks acts involuntarily as traditionally claimed in the legal literature; we then propose to extend Shoemaker’s analysis of marginal responsibility based on quality of will so as to include two other dimensions: the moral status of the agent and the actual causal effects of their actions; finally, we distinguish Parks’ marginal responsibility from four other existing concepts: “tracing”, diminished responsibility, causal responsibility, and moral disapproval without responsibility. (shrink)

A sourcebook/textbook on the problem of free will and determinism. Contains a history of the free will problem, a taxonomy of current free will positions, the standard argument against free will, the physics, biology, and neuroscience of free will, the most plausible and practical solution of the problem, and reviews of the work of the leading determinist Ted Honderich, the leading libertarian Robert Kane, the well-known compatibilist Daniel Dennett, and the determinism-agnostic Alfred Mele.

Why do relationships of friendship and love support partiality, but not relationships of hatred or commitments of racism? Where does partiality end and why? I take the intuitive starting point that important cases of partiality are meaningful. I develop a view whereby meaning is understood in terms of transcending self-limitations in order to connect with things of external value. I then show how this view can be used to distinguish central cases of legitimate partiality from cases of illegitimate partiality and (...) how it puts pressure on the traditional way of thinking about partiality. (shrink)

The aesthetic tradition has identified as paradigmatically sublime such objects as imposing mountains and intense storms, as well as monumental art. But the tradition also acknowledges less paradigmatic cases, including sometimes mathematical structures or abstract concepts. In this paper, we argue that there is also a case for considering phenomenal consciousness – the experiential quality of subjective awareness – as a sublime phenomenon. One appreciates this, we argue, when one is struck by (fitting) awe upon contemplating (a) the perplexing existence (...) of something like phenomenal consciousness in an otherwise completely material universe and (b) the role of consciousness in injecting meaning and value in an otherwise brutally factual reality. (shrink)

Slavery in Ancient Greece, Absolutist Monarchy in pre-modern Europe, and the European conquest of the New World strike us, from our contemporary perspective, as injustices on a massive scale. But given the impact of these large-scale historical activities on the particular course taken by Western history, they almost undeniably played an important role in the evolution of modern liberalism. Bernard Williams suggests a startling claim—that liberal universalists cannot condemn past injustices, because those injustices were necessary conditions of the development of (...) the modern liberalism that they affirm. This paper examines this possible objection to liberal universalists who greatly value their liberal way of life, paying particular attention to the lamentable necessities thesis: the claim that modern liberalism would not have come into existence but for the occurrence of past injustices. It motivates the lamentable necessities thesis, and argues that those who accept it, and greatly value modern liberalism, are precluded from regretting all-things-considered certain past injustices. Finally, it makes the case that liberal universalists who greatly value modern liberalism may condemn past injustices necessary to its emergence, even if they are unable to regret them in the relevant sense. (shrink)

Existing discussions of partiality have primarily examined special personal relationships between family, friends, or co-nationals. The negative analogue of such relationships – for example, the relationship of enmity – has, by contrast, been largely neglected. This chapter explores this adverse relation in more detail and considers the special reasons generated by it. We suggest that enmity can involve justified negative partiality, allowing members to give less consideration to each other’s interests. We then consider whether the negative partiality of enmity can (...) be justified through projects or the value inherent in the relationship, following two influential views about the justification of positive partiality. We argue that both accounts of partiality can be conceptually extended to the negative analogue, but doing so brings into focus the problems with such accounts of the grounds of partiality. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

Much work in contemporary bioethics defends a broadly liberal view of human reproduction. I shall take this view to comprise (but not to be exhausted by) the following four claims.1 First, it is permissible both to reproduce and not to reproduce, either by traditional means or by means of assisted reproductive techniques such as IVF and genetic screening. Second, it is permissible either to reproduce or to adopt or otherwise foster an existing child to which one is not biologically related. (...) Third, it is permissible either to bring into existence a child with the greatest chance of a life of maximum human flourishing or to bring into existence a child with a life worth living but with less than the greatest chance of a life of maximum human flourishing. Fourth, it is impermissible to bring into existence a child whose life is either certain or likely to fall below some baseline of a human life minimally worth living. (shrink)

This essay argues that nonlinguistic animals qualify not just for externalist notions of rationality (maximizing biological fitness or utility), but also for internal ones. They can act for reasons in several senses: their behaviour is subject to intentional explanations, they can act in the light of reasonsprovided that the latter are conceived as objective facts rather than subjective mental statesand they can deliberate. Finally, even if they could not, it would still be misguided to maintain that animals are capable only (...) of (mechanical) behaviour, not of (intentional) action. (shrink)

I provide an explanation of moral understanding. I begin by describing decisions, es- pecially moral ones. I detail ways in which deviations from an ideal of decision-making occur. I link deviations to characteristic critical judgments, e.g. being cavalier, banal, coura- geous, etc. Moral judgments are among these and carry a particular personal gravity. The question I entertain in following chapters is: how do they carry this gravity? In answering the question, I try “external” accounts of moral understanding. I distin- guish (...) between the ideas of a person and a life. The idea of a life essayed is of a network of relations to others. The character of those relations, e.g. friendship, is the object of our understanding of ourselves and our lives. I argue that one’s understanding of oneself conditions the context of decision-making. I elaborate one way of making moral under- standing answerable to truth using Plato’s metaphysics in the Philebus. Truth is valued and truth is essential to the independence of the moral such that seeming right and being right are distinct. However, truth is neither primary nor exhaustive of morality, because we have additional distinct resources for morally judging others. I turn instead to an “internal” account of moral understanding to answer the question regarding the personal gravity of moral criticism. Using Winch’s work on universalizabil- ity and fellowship, I argue that our conception of others must be sufficient to reflect their individuality within our moral understanding. Second, using Gaita’s work on remorse and the lucidity of self-reflection, I argue that the truth about ourselves and the wrong we do others can arrest and constrain our moral understanding and our authority. Moral understanding operates in a social milieu: argument, conversation and rational- ity. Arguments are grounded in meanings with primary (shared) sense, but solicit agree- ment in secondary sense—of what is similar, of what follows. Meaning in the secondary sense can be necessarily practical, creating practical necessities within points of view. Accounting for the consequences and understanding of disagreement is identified as pressing. An original contribution is the idea of critical authority. One’s articulation of moral meaning is controlled via the critical authority expressed using critical vocabulary. Accepting another’s critical authority is based, in differing domains, on our relation to them, e.g. friendship, trust, fellowship. The nature of inter-personal relations are delim- ited by the critical authority characteristic of those relations. Critical authority explains the independent and personal force of moral criticism. To be intelligible depends on accepting some critical authorities, though I allow for the intelligible repudiation of morality in some circumstances. Wronging someone is ex- plained as denying his critical authority, thus denying his relation to oneself, and thereby undermining his place in the moral world. The consequence of wrongdoing is the disinte- gration of the moral world. I defend against Nagel’s realism and Korsgaard’s constructivism. Both are committed to judging individuals but their accounts of morality undermine the intelligibility of the personal gravity of moral criticism. Developing the idea of Moral Consensus, I defend myself against the related charge of relativism. (shrink)