Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

Lies are typically defined as believed falsehoods asserted with the intention of deceiving the hearer. A particularly problematic case for this definition is that of false implicatures. These are prototypically cases where the proposition expressed by the speaker's utterance is true, yet an implicature conveyed by this proposition in context is false. However, implicature is a diverse category and whether a blanket statement such as “false implicatures are lies,” as some have argued can account for all of them is open (...) to investigation. We present an experimental investigation of whether naïve participants define different types of implicatures as lies. Our results show that only a couple of types of implicatures were strongly rated as lies by participants. These results suggest that participants distinguish between different types of communicated meanings on linguistic grounds, contributing both to the literature on lying, as well as to theoretical discussions of how different types of meaning are communicated. (shrink)

In this essay I will argue, as does Bernard Williams, that lying and misleading are both commonly wrong because they involve an aim to breach a trust. I will also argue, contrary to Williams, that lying and misleading threaten trust differently, and that when they are wrong, they are wrong differently. Indeed, lying may be wrong when misleading is not.

This paper outlines an account of the ethics of lying, which accommodates two main ideas about lying. The first of these, Anti-Deceptionalism, is the view that lying does not necessarily involve intentions to deceive. The second, Anti-Absolutism, is the view that lying is not always morally wrong. It is argued that lying is not wrong in itself, but rather the wrong in lying is explained by different factors in different cases. In some cases such factors may include deceptive intentions on (...) the part of the liar. In other cases, where such intentions are not found, the wrong in lying may be explained by other factors. Moreover, it is argued that the interaction between considerations against lying and considerations against telling the truth are sensitive to the practical interests of those lied to. When the topic of the lie in question matters little to the victim's rational decision making, the threshold for when considerations against telling the truth can outweigh considerations against lying are lowered. This account is seen to explain why lying to avoid little harm is sometimes permissible, and sometimes not. (shrink)

The paper argues that the correct definition of lying is that to lie is to assert something one believes to be false, where assertion is understood in terms of the notion of the common ground of a conversation. It is shown that this definition makes the right predictions for a number of cases involving irony, joking, and false implicature. In addition, the proposed account does not assume that intending to deceive is a necessary condition on lying, and hence counts so-called (...) bald-faced lies as lies. (shrink)

This essay argues that the distinction between lying and misleading while not lying is sensitive to discourse structure. It shows that whether an utterance is a lie or is merely misleading sometimes depends on the topic of conversation, represented by so-called questions under discussion. It argues that to mislead is to disrupt the pursuit of the goal of inquiry—that is, to discover how things are. Lying is seen as a special case requiring assertion of disbelieved information, where assertion is characterized (...) as a mode of contributing information to a discourse that is sensitive to the state of the discourse itself. The resulting account is applied to a number of ways of exploiting the lying-misleading distinction, involving conversational implicature, incompleteness, presuppositions, and prosodic focus. The essay shows that assertion, and hence lying, is preserved from subquestion to superquestion under a strict entailment relation between questions, and it discusses ways of lying and misleading in relation to multiple questions. (shrink)

This paper argues for an account of insincerity in speech according to which an utterance is insincere if and only if it communicates something that does not correspond to the speaker's conscious attitudes. Two main topics are addressed: the relation between insincerity and the saying-meaning distinction, and the mental attitude underlying insincere speech. The account is applied to both assertoric and non-assertoric utterances of declarative sentences, and to utterances of non-declarative sentences. It is shown how the account gives the right (...) results for a range of cases. (shrink)

Surprisingly, the fact that the speaker is lying is sometimes common knowledge between everyone involved. Strangely, we condemn these bald-faced lies more severely than disguised lies. The wrongness of lying springs from the intent to deceive – just the feature missing in the case of bald-faced lies. These puzzling lies arise systematically when assertions are forced. Intellectual duress helps to explain another type of non-deceptive false assertion : lying to yourself. In the end, I conclude that the apparent intensity of (...) our disapproval of non-deceptive lies is a rhetorical illusion. (shrink)

In this article I argue that it is possible to find, in the Groundwork, a perfect ethical duty to others not to lie to any other person, ever. This duty is not in the Doctrine of Virtue, or the Right to Lie essay. It is an exceptionless, negative duty. The argument given for this negative duty from the Universal Law formula of the Categorical Imperative is that the liar necessarily applies a double standard: do not lie (everyone else), and lie (...) (the liar). The basis for this double standard is a presumption of inequality: the liar treats others as less than her. However, this argument fails to exclude lies told to liars, since the liar applies a single standard in this case: (secretly) lie to those whom you believe are lying to you. The argument given for this negative duty from the Humanity formula of the Categorical Imperative is that the liar necessarily behaves in way towards the other person in a way to which she "cannot possibly" consent. However, this argument fails to exclude lies told to those who have consented to be lied to, without knowing which lies they are to be told. Kant's arguments, therefore, fail to generate a perfect exceptionalness negative duty not to lie to any person, ever. (shrink)

The traditional view of lying holds that this phenomenon involves two central components: stating what one does not believe oneself and doing so with the intention to deceive. This view remained the generally accepted view of the nature of lying until very recently, with the intention-to-deceive requirement now coming under repeated attack. In this article, I argue that the tides have turned too quickly in the literature on lying. For while it is indeed true that there can be lies where (...) there is no intention on the part of the speaker to deceive the hearer, this does not warrant severing the connection between lying and deception altogether. Thus, I defend the following account of lying: A lies to B if and only if (1) A states that p to B, (2) A believes that p is false, and (3) A intends to be deceptive to B in stating that p. (shrink)

According to the naïve, pre-theoretic conception, lying seems to be characterized by the intent to deceive. However, certain kinds of bald-faced lies appear to be counterexamples to this view, and many philosophers have abandoned it as a result. I argue that this criticism of the naïve view is misplaced; bald-faced lies are not genuine instances of lying because they are not genuine instances of assertion. I present an additional consideration in favor of the naïve view, which is that abandoning it (...) comes at an extremely high price; alternative accounts which eschew the intent-to-deceive condition on lying have difficulty distinguishing lies from non-literal speech. (shrink)

Like several prominent moral philosophers before him, such as St Augustine and St Thomas Aquinas, Kant held that it is never morally permissible to tell a lie. Although a great deal has been written on why and how he argued for this conclusion, comparatively little has been written on what, precisely, Kant considered a lie to be, and on how he differentiated between being truthful and being candid, between telling a lie and being reticent, and between telling a lie and (...) other forms of linguistic deception. That is to say, very little has been written on the scope of Kant's prohibition against lying. In this article I will argue that the scope of the prohibition against lying is narrower than it is commonly supposed to be. (shrink)

An utterer may convey a message to her intended audience by means of an explicit statement; or by a non‐conventionally mediated one‐off signal from which the audience is able to work out the intended message; or by conversational implicature. I investigate whether the last two are equivalent to explicit testifying, as communicative act and epistemic source. I find that there are important differences between explicit statement and insinuation; only with the first does the utterer assume full responsibility for the truth (...) of what she communicates to her audience. (shrink)

In order to lie, you have to say something that you believe to be false. But lying is not simply saying what you believe to be false. Philosophers have made several suggestions for what the additional condition might be. For example, it has been suggested that the liar has to intend to deceive (Augustine 395, Bok 1978, Mahon 2006), that she has to believe that she will deceive (Chisholm and Feehan 1977), or that she has to warrant the truth of (...) what she says (Carson 2006). In this paper, I argue that none of the existing definitions of lying identify a necessary condition on lying. I claim that lying is saying what you believe to be false when you believe that the following norm of conversation is in effect: "Do not say what you believe to be false" (Grice 1989, 27). And I argue that this definition handles all of the counter-examples to the existing definitions. (shrink)

According to the traditional philosophical definition, you lie if and only if you assert what you believe to be false with the intent to deceive. However, several philosophers (e.g., Carson 2006, Sorensen 2007, Fallis 2009) have pointed out that there are lies that are not intended to deceive and, thus, that the traditional definition fails. In 2009, I suggested an alternative definition: you lie if and only if you say what you believe to be false when you believe that one (...) of Paul Grice's conversational norms (“Do not say what you believe to be false”) is in effect. Faulkner (forthcoming), Stokke (forthcoming), and Pruss (2012) have subsequently argued that my 2009 definition fails as well because it counts some statements that are clearly not lies as being lies. In this paper, I identify some additional counter-examples of this sort. But I argue that my 2009 definition can easily be revised to deal with such counter-examples once we clarify that the relevant norm is really against communicating something false rather than against merely saying it. Nevertheless, I show that even this revised version of my 2009 definition fails because it counts some statements that are lies as not being lies. Lies told by young children – which uncontroversially count as lies on the traditional philosophical definition – suggest that lying (as well as asserting in general) does not require believing that such a norm is in effect. Even so, I claim that, since all liars intend to do something that would violate this norm if it were in effect, there is a successful definition of lying that is at least in the spirit of my 2009 definition. (shrink)

Donald Davidson once suggested that a liar ?must intend to represent himself as believing what he does not?. In this paper I argue that, while Davidson was mistaken about lying in a few important respects, his main insight yields a very attractive definition of lying. Namely, you lie if and only if you say something that you do not believe and you intend to represent yourself as believing what you say. Moreover, I show that this Davidsonian definition can handle counter-examples (...) that undercut four prominent definitions of lying: viz., the traditional intend-to-deceive definition, Thomas Carson's definition, Don Fallis's definition, and Andreas Stokke's definition. (shrink)

According to the traditional philosophical definition, you lie if and only if you say something that you believe to be false and you intend to deceive someone into believing what you say. However, philosophers have recently noted the existence of bald-faced lies, lies which are not intended to deceive anyone into believing what is said. As a result, many philosophers have removed deception from their definitions of lying. According to Jennifer Lackey, this is ‘an unhappy divorce’ because it precludes an (...) obvious explanation of the prima facie wrongness of lying. Moreover, Lackey claims that there is a sense of deception in which all lies are deceptive. In this paper, I argue that bald-faced lies are not deceptive on any plausible notion of deception. In addition, I argue that divorcing deception from lying may not be as unhappy a result as Lackey suggests. (shrink)

This paper presents a moral philosophical account of free riding, specifying the conditions under which failing to pay for nonrival goods is unfair. These conditions do not include the voluntary acceptance of the goods: this controversial claim is supported on the strength of a characterization of the kind of unfairness displayed in paradigm cases of free riding. Thus a "Principle of Fairness" can potentially serve as a foundation for political obligations. The paper also discusses the relation between its moral philosophical (...) account of free riding, and a game theoretic or economic account. (shrink)

Few moral questions have greater bearing on the conduct of our everyday lives than questions about the morality of lying. These questions are also important for ethical theory. An important test of any theory of right and wrong is whether it gives an adequate account of the morality of lying. Conceptual questions about the nature of lying are prior to questions about the moral status of lying. Any theory about the moral status of lying presupposes an account of what lying (...) is. (shrink)

MOST of us feel an aversion to lying and believe that it always stands in need of justification. One expression of this is to say that there is a prima facie duty not to lie. Another is Sissela Bok's "Principle of Veracity" which holds that lying has an "initial negative weight" so that there is always a presumption against telling a particular lie. Still a third variation can be found in Arnold Isenberg's "constancy principle" which holds that what is inherently (...) bad in any lie is the same for all, constant from one lie to the next. While these sorts of view are plausible, the literature on lying provides little in the way of a specific account for the negative weight inherent in all lies--their common disvalue. What follows is proposed as such an account, one which should also help clarify why some lies are worse than others, why some are excusable and others justifiable. Without presuming to be exhaustive, the view offered maintains that there are at least two inherent negative components of all lies; further, each of these inherent disvalues disposes the liar toward a particular, contingent harm. The inherent disvalues and the harms they threaten collectively constitute sufficient grounds for the presumption against lying. (shrink)

One of the great difficulties with Kant’s moral philosophy is that it seems to imply that our moral obligations leave us powerless in the face of evil. Kant’s theory sets a high ideal of conduct and tells us to live up to that ideal regardless of what other persons are doing. The results may be very bad. But Kant says that the law "remains in full force, because it commands categorically" (G, 438-39/57).* The most weI1—known example of...