Classical acquaintance theory is any version of classical foundationalism that appeals to acquaintance in order to account for non-inferential justification. Such theories are well suited to account for a kind of infallible non-inferential justification. Why am I justified in believing that I’m in pain? An initially attractive (partial) answer is that I’m acquainted with my pain. But since I can’t be acquainted with what isn’t there, acquaintance with my pain guarantees that I’m in pain. What’s less clear is whether, given (...) classical acquaintance theory, it’s possible to have non-inferential justification to believe something false. Classical acquaintance theorists try to make room for such a possibility, but I argue that the attempts of Richard Fumerton, Ali Hasan, and Evan Fales are inadequate. I’ll focus on introspective justification, but similar issues arise for a priori justification as well. (shrink)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

Much government and personal conduct is premised on the idea that a person made thereby to suffer deserves that suffering thanks to prior wrongdoing by him. Further, it often appears that one kind of suffering is more deserved than another and, in light of that, conduct inflicting the first is superior, or closer to being justified than conduct inflicting the second. Yet desert is mysterious. It is far from obvious what, exactly, it is. This paper offers and argues for a (...) theory of comparative desert. It offers an account of the conditions under which one harm is more deserved for past wrongdoing than another. The theory offered here can be stated, roughly, like so: One harm is more deserved for a wrongful act than another if, in light of it more than the other, the act is supported by reasons for the agent in a way similar to the way it ought to have been supported by reasons for him. The central task of the paper is to explain, elaborate and offer an argument for this theory. The paper also shows that, under the theory, differences in culpability—as between, for instance, intentionally rather than knowingly bringing about a harm—make a difference to desert. And the paper shows that under the proposed theory it is easier for the state to justify inflicting a punishment that is more deserved than it is to justify inflicting a punishment that is less deserved. (shrink)

Nathan Hanna has recently argued against a position I defend in a 2013 paper in this journal and in my 2016 book on punishment, namely that we can punish someone without intending to harm them. In this discussion note I explain why two alleged counterexamples to my view put forward by Hanna are not in fact counterexamples to any view I hold, produce an example which shows that, if we accept a number of Hanna’s own assumptions, punishment does not require (...) an intention to harm, and discuss whether a definition and counter-example approach is the best way to proceed in the philosophy of punishment. I conclude with a brief exegetical discussion of H.L.A Hart’s Prolegomenon to the Principles of Punishment. (shrink)

It has recently been suggested that the fact that punishment involves an intention to cause suffering undermines expressive justifications of punishment. I argue that while punishment must involve harsh treatment, harsh treatment need not involve an intention to cause suffering. Expressivists should adopt this conception of harsh treatment.

The debate surrounding the issue of collective moral responsibility is often steeped in metaphysical issues of agency and personhood. I suggest that we can approach the metaphysical problems surrounding the issue of collective responsibility in a roundabout manner. My approach is reminiscent of that taken by P.F. Strawson in “Freedom and Resentment” (1968). Strawson argues that the participant reactive attitudes – attitudes like resentment, gratitude, forgiveness and so on – provide the justification for holding individuals morally responsible. I argue that (...) the framework of the reactive attitudes extends to collectives and provides the justification for holding collectives morally responsible. (shrink)

Motive and Rightness is the first book-length attempt to answer the question: Does the motive of an action ever make a difference to whether that action is ...

The debate surrounding the issue of collective moral responsibility is often steeped in metaphysical issues of agency and personhood. I suggest that we can approach the metaphysical problems surrounding the issue of collective responsibility in a roundabout manner. My approach is reminiscent of that taken by P.F. Strawson in "Freedom and Resentment" (1968). Strawson argues that the participant reactive attitudes - attitudes like resentment, gratitude, forgiveness and so on - provide the justification for holding individuals morally responsible. I argue that (...) the framework of the reactive attitudes extends to collectives and provides the justification for holding collectives morally responsible. (shrink)

We introduce a St. Petersburg-like game, which we call the ‘Pasadena game’, in which we toss a coin until it lands heads for the first time. Your pay-offs grow without bound, and alternate in sign (rewards alternate with penalties). The expectation of the game is a conditionally convergent series. As such, its terms can be rearranged to yield any sum whatsoever, including positive infinity and negative infinity. Thus, we can apparently make the game seem as desirable or undesirable as we (...) want, simply by reordering the pay-off table, yet the game remains unchanged throughout. Formally speaking, the expectation does not exist; but we contend that this presents a serious problem for decision theory, since it goes silent when we want it to speak. We argue that the Pasadena game is more paradoxical than the St. Petersburg game in several respects. We give a brief review of the relevant mathematics of infinite series. We then consider and rebut a number of replies to our paradox: that there is a privileged ordering to the expectation series; that decision theory should be restricted to finite state spaces; and that it should be restricted to bounded utility functions. We conclude that the paradox remains live. (shrink)

Human beings have the unique ability to view the world in a detached way: We can think about the world in terms that transcend our own experience or interest, and consider the world from a vantage point that is, in Nagel's words, "nowhere in particular". At the same time, each of us is a particular person in a particular place, each with his own "personal" view of the world, a view that we can recognize as just one aspect of the (...) whole. How do we reconcile these two standpoints--intellectually, morally, and practically? To what extent are they irreconcilable and to what extent can they be integrated? Thomas Nagel's ambitious and lively book tackles this fundamental issue, arguing that our divided nature is the root of a whole range of philosophical problems, touching, as it does, every aspect of human life. He deals with its manifestations in such fields of philosophy as: the mind-body problem, personal identity, knowledge and skepticism, thought and reality, free will, ethics, the relation between moral and other values, the meaning of life, and death. Excessive objectification has been a malady of recent analytic philosophy, claims Nagel, it has led to implausible forms of reductionism in the philosophy of mind and elsewhere. The solution is not to inhibit the objectifying impulse, but to insist that it learn to live alongside the internal perspectives that cannot be either discarded or objectified. Reconciliation between the two standpoints, in the end, is not always possible. (shrink)

Criminal law theorists overwhelmingly agree that for some conduct to constitute punishment, it must be imposed intentionally. Some retributivists have argued that because punishment consists only of intentional inflictions, theories of punishment can ignore the merely foreseen hardships of prison, such as the mental and emotional distress inmates experience. Though such distress is foreseen, it is not intended, and so it is technically not punishment. In this essay, I explain why theories of punishment must pay close attention to the unintentional (...) burdens of punishment. In two very important contexts — punishment measurement and justification — we use the term “punishment” to capture not only intentional harsh treatment but certain unintentional harsh treatment as well. This means that the widely accepted view that punishment is an intentional infliction requires substantial caveats. It also means that any purported justification of punishment that addresses only the intentional infliction of punishment is woefully incomplete. -/- [This paper has been published under a Creative Commons Attribution-NonCommercial-ShareAlike license.]. (shrink)

A good number of people currently thinking and writing about reasons identify a reason as a consideration that counts in favor of an action or attitude.1 I will argue that using this as our fundamental account of what a reason is generates a fairly deep and recalcitrant ambiguity; this account fails to distinguish between two quite different sets of considerations that count in favor of certain attitudes, only one of which are the “proper” or “appropriate” kind of reason for them. (...) This ambiguity has been the topic of recent discussion, under the head “the wrong kind of reasons problem.”2 I will suggest that confusion about “the wrong kind of reason” will be dispelled by changing our account of what a reason is. While I agree both that reasons are considerations and that certain.. (shrink)

For many years, moral philosophers have been debating the conceptual and moral status of the distinction between intending harm and foreseeing harm. In this paper, after surveying some of the objections to the moral significance of this distinction in general, I focus on the special case of state action, arguing that whatever reasons we have to be suspicious about the distinction's moral significance in general, we have very good reasons to believe it lacks intrinsic moral significance when applied to state (...) action. After arguing for this claim, I pursue in a preliminary way some of its implications. (shrink)

Motive and Rightness is the first book-length attempt to answer the question, Does the motive of an action ever make a difference in whether that action is morally right or wrong? Steven Sverdlik argues that the answer is yes. His book examines the major theories now being discussed by moral philosophers to see if they can provide a plausible account of the relevance of motives to rightness and wrongness. Sverdlik argues that consequentialism gives a better account of these matters than (...) Kantianism or certain important forms of virtue ethics. In carrying out the investigation Sverdlik presents an analysis of the nature of motives, and he considers their relations to normative judgments and intentions. A chapter is devoted to analyzing the extent to which motives are 'available' to rational agents, and the importance of feelings and unconscious motives. Historical figures such as Kant, Bentham, Mill and Ross are discussed, as well as contemporary writers like Korsgaard, Herman, Hurka, Slote and Hursthouse. Motive and Rightness is unusual in its interweaving of ethical theory, both historical and contemporary, with moral psychology, action theory, and psychology. (shrink)

Punishment is a persvasive feature of social life. Individuals who break laws in our societies may be imprisoned or, in some contexts, put to death. But why should individuals be punished? Are there good reasons for punishment? Or does the practice of punishment merely gratify feelings of revenge? If we regard punishment as a deterrent, are we committed to victimizing the innocent in order to deter? In this classic and recently enlarged book, Ted Honderich offers a wide-ranging analysis of the (...) nature of punishment and scrutinizes the arguments for and against it. Already established as the principal introductory text to the philosophy of punishment, the republication of this book in paperback will be welcomed by students and scholars in moral and political philosophy, jurisprudence and criminology. (shrink)

In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he (...) offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it. (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

In _The Immorality of Punishment_ Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into (...) practice alternative means of preventing crime and promoting social stability. (shrink)

The doyen of living English philosophers, by these reflections, took hold of and changed the outlook of a good many other philosophers, if not quite enough. He did so, essentially, by assuming that talk of freedom and responsibility is talk not of facts or truths, in a certain sense, but of our attitudes. His more explicit concern was to look again at the question of whether determinism and freedom are consistent with one another -- by shifting attention to certain personal (...) rather than moral attitudes, first of all gratitude and resentment. In the end, he arrived at a kind of Compatibilist or, as he says, Optimist conclusion. That is no doubt a recommendation but not the largest recommendation of this splendidly rich piece of philosophy. (shrink)

Policy-makers must sometimes choose between an alternative which has somewhat lower expected value for each person, but which will substantially improve the outcomes of the worst off, or an alternative which has somewhat higher expected value for each person, but which will leave those who end up worst off substantially less well off. The popular ex ante Pareto principle requires the choice of the alternative with higher expected utility for each. We argue that ex ante Pareto ought to be rejected (...) because it conflicts with the requirement that, when possible, one ought to decide as one would with full information. We apply our argument in an analysis of US policy on screening for breast cancer. -/- . (shrink)

000000001. Introduction Call a theory of the good—be it moral or prudential—aggregative just in case (1) it recognizes local (or location-relative) goodness, and (2) the goodness of states of affairs is based on some aggregation of local goodness. The locations for local goodness might be points or regions in time, space, or space-time; or they might be people, or states of nature.1 Any method of aggregation is allowed: totaling, averaging, measuring the equality of the distribution, measuring the minimum, etc.. Call (...) a theory of the good finitely additive just in case it is aggregative, and for any finite set of locations it aggregates by adding together the goodness at those locations. Standard versions of total utilitarianism typically invoke finitely additive value theories (with people as locations). A puzzle can arise when finitely additive value theories are applied to cases involving an infinite number of locations (people, times, etc.). Suppose, for example, that temporal locations are the locus of value, and that time is discrete, and has no beginning or end.2 How would a finitely additive theory (e.g., a temporal version of total utilitarianism) judge the following two worlds? Goodness at Locations (e.g. times) w1:..., 2, 2, 2, 2, 2, 2, 2, 2, 2, ..... w2:..., 1, 1, 1, 1, 1, 1, 1, 1, 1, ..... Example 1 At each time w1 contains 2 units of goodness and w2 contains only 1. Intuitively, we claim, if the locations are the same in each world, finitely additive theorists will want to claim that w1 is better than w2. But it's not clear how they could coherently hold this view. For using standard mathematics the sum of each is the same infinity, and so there seems to be no basis for claiming that one is better than the other.3 (Appealing to Cantorian infinities is of no help here, since for any Cantorian infinite N, 2xN=1xN.). (shrink)

When real-valued utilities for outcomes are bounded, or when all variables are simple, it is consistent with expected utility to have preferences defined over probability distributions or lotteries. That is, under such circumstances two variables with a common probability distribution over outcomes – equivalent variables – occupy the same place in a preference ordering. However, if strict preference respects uniform, strict dominance in outcomes between variables, and if indifference between two variables entails indifference between their difference and the status quo, (...) then preferences over rich sets of unbounded variables, such as variables used in the St. Petersburg paradox, cannot preserve indifference between all pairs of equivalent variables. In such circumstances, preference is not a function only of probability and utility for outcomes. Then the preference ordering is not defined in terms of lotteries. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll try (...) to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)