The author identifies and defines the features of traditional utilitarian theories which account for their appeal, demonstrates that no theory which is exclusively act-oriented can have all the properties that ultilitarians have attempted to build into their theories, and develops a new theory co-operative utilitarianism.

Existing discussions of legal proof address a host of apparently disparate questions: What does it take to prove a fact beyond a reasonable doubt? Why is the reasonable doubt standard notoriously elusive, sometimes considered by courts to be impossible to define? Can the standard of proof by a preponderance of the evidence be defined in terms of probability thresholds? Why is statistical evidence often insufficient to meet the burden of proof? -/- This paper defends an account of proof that addresses (...) each of these questions. Where existing theories take a piecemeal approach to these puzzles, my theory develops an insight that unifies them—namely, the thesis that legal proof requires knowledge. Although this thesis may seem radical at first, I answer several common objections to it, and I argue that it does better than several competing accounts when it comes to making sense of our intuitions about what legal proof requires. (shrink)

According to weak utilitarianism, at least when other things are equal, you should maximize the sum of well-being. This view has considerable explanatory power, but it also has two implications that seem to me implausible. First, it implies that, other things equal, it is wrong to harm yourself, or even to deny yourself benefits. Second, it implies that, other things equal, given the opportunity to create new happy people, it is wrong not to. These implications can be avoided by accepting (...) a complaints-based alternative to weak utilitarianism. However, complaints-based views face two decisive problems, originally noticed by Jacob Ross. I here develop a view that avoids these problems while retaining the advantages of complaints-based views. (shrink)

The paper investigates what type of motivation can be given for adopting a knowledge-based decision theory. KBDT seems to have several advantages over competing theories of rationality. It is commonly argued that this theory would naturally fit with the intuitive idea that being rational is doing what we take to be best given what we know, an idea often supported by appeal to ordinary folk appraisals. Moreover, KBDT seems to strike a perfect balance between the problematic extremes of subjectivist and (...) objectivist decision theory. We argue that these alleged advantages do not stand up to a closer scrutiny: KBDT inherits the same kinds of problems as alternative decision theoretic frameworks but doesn’t retain any of the respective advantages. Moreover, differently from other knowledge-action principles advanced in the literature, KBDT cannot fully explain the intuitive connections between knowledge and rational action. We conclude that the most serious challenge for knowledge-based decision theorists is to provide a substantive rationale for the adoption of such a view. (shrink)

Deontologists have been slow to address decision-making under risk and uncertainty, no doubt because the standard approaches to non-moral decision theory appear superficially similar to consequentialist moral reasoning. I identify some central tenets of simple decision theory and show that they should not put deontologists off, before showing where we should go next to develop a comprehensive deontological decision theory.

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

Supererogatory acts—good deeds “beyond the call of duty”—are a part of moral common sense, but conceptually puzzling. I propose a unified solution to three of the most infamous puzzles: the classic Paradox of Supererogation (if it’s so good, why isn’t it just obligatory?), Horton’s All or Nothing Problem, and Kamm’s Intransitivity Paradox. I conclude that supererogation makes sense if, and only if, the grounds of rightness are multi-dimensional and comparative.

This paper looks at whether it is possible to unify the requirements of rationality with the demands of normative reasons. It might seem impossible to do because one depends upon the agent’s perspective and the other upon features of the situation. Enter Reasons Perspectivism. Reasons perspectivists think they can show that rationality does consist in responding correctly to reasons by placing epistemic constraints on these reasons. They think that if normative reasons are subject to the right epistemic constraints, rational requirements (...) will correspond to the demands generated by normative reasons. While this proposal is prima facie plausible, it cannot ultimately unify reasons and rationality. There is no epistemic constraint that can do what reasons perspectivists would need it to do. Some constraints are too strict. The rest are too slack. This points to a general problem with the reasons-first program. Once we recognize that the agent’s epistemic position helps determine what she should do, we have to reject the idea that the features of the agent’s situation can help determine what we should do. Either rationality crowds out reasons and their demands or the reasons will make unreasonable demands. (shrink)

Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...) Given some standard assumptions about the values at stake, the case for convicting and punishing using statistical evidence seems solid. In trying to show where this argument goes wrong, I shall argue (against Lockeans, reliabilists, and others) that beliefs supported only by statistical evidence are epistemically defective and (against Enoch, Fisher, and Spectre) that these epistemic considerations should matter to the law. To solve the puzzle about the role of statistical evidence in the law, we need to revise some commonly held assumptions about epistemic value and defend the relevance of epistemology to this practical question. (shrink)

Objectivism is the view that how an agent ought to act depends on all kinds of facts, regardless of the agent’s epistemic position with respect to them. One of the most important challenges to this view is constituted by certain cases involving specific conditions of uncertainty—so-called three-options cases. In these cases it seems overwhelmingly plausible that an agent ought to do what is recommendable given her limited perspective, even though the agent knows that this is not objectively the best course (...) of action. The standard objectivist response to this challenge relies on a distinction between what one ought to do and what would be blameworthy or unreasonable to do. This response is affected by several problems. In this paper I introduce and defend an alternative objectivist response to the challenge. My proposal admits that in the relevant cases the agent ought to do what is recommendable given her perspective, but maintains that this diagnosis of the cases is fully compatible with objectivism. I argue that this proposal has several advantages over alternative accounts of the cases. (shrink)

It has become increasingly common for philosophers to distinguish between objective and subjective rightness, and there has been much discussion recently about what an adequate theory of subjective rightness looks like. In this article, I propose a new theory of subjective rightness. According to it, an action is subjectively right if and only if it minimizes expected objective wrongness. I explain this theory in detail and argue that it avoids many of the problems that other theories of subjective rightness face. (...) I end by responding to some objections. (shrink)