I. Three Basic rights. This book is about the moral minimum--about the lower limits on tolerable human conduct, individual and institutional.

Perfectionism is one of the leading moral views of the Western tradition, defended by Plato, Aristotle, Aquinas, Leibniz, Hegel, Marx, Nietzsche, and Green. Defined broadly, it holds that what is right is whatever most promotes certain objective human goods such as knowledge, achievement, and deep personal relations. Defined more narrowly, it identifies these goods by reference to human nature, so the human good consistsin developing the properties fundamental to human beings. If it is fundamental to humans to be rational (Aristotle), (...) to labor (Marx), or to exercise power (Nietzsche), developing these traits is best. This book tries to formulate the most defensible version of perfectionism using contemporary analytic techniques. It first examines narrow perfectionism, asking what kind of properties human nature consists in (distinctive? essential?); how these properties are identified; and what they are. It then explores issues relevant to both broad and narrow perfectionism, including whether each person should pursue just his own perfection or everyone's; how perfectionist goods are compared and aggregated; and in what particular times they are. On the last topic it develops an “Aristotelian” theory of the value of theoretical and practical rationality, as embodied in beliefs and ends with specified formal properties. The book closes by examining perfectionism's implications for political questions about liberty and equality. (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Cost–benefit analysis (CBA) is much more philosophically interesting than has in general been recognized. Since it is the only well-developed form of applied consequentialism, it is a testing-ground for consequentialism and for the counterfactual analysis that it requires. Ten classes of philosophical problems that affect the practical performance of cost–benefit analysis are investigated: topic selection, dependence on the decision perspective, dangers of super synopticism and undue centralization, prediction problems, the indeterminateness of our control over future decisions, the need to exclude (...) certain consequences for moral reasons, bias in the delimitation of consequences, incommensurability of consequences, difficulties in defending the essential requirement of transferability across contexts, and the normatively questionable but equally essential assumption of interpersonal compensability. (Published Online July 31 2007). (shrink)

Normative theorists like to divide normative theories into classes. One special point of focus has been to place utilitarianism into a larger class of theories which do not necessarily share its view about what is alone of impersonal intrinsic value, namely, individual human well-being, but do share another structural feature, roughly its demand that each person seek to maximize the realization of what is of impersonal intrinsic value. The larger class is distinguished from its complement in two apparently different ways. (...) Let us look briefly at these two ways. (shrink)

To consequentialize a non-consequentialist theory, take whatever considerations that the non-consequentialist theory holds to be relevant to determining the deontic statuses of actions and insist that those considerations are relevant to determining the proper ranking of outcomes. In this way, the consequentialist can produce an ordering of outcomes that when combined with her criterion of rightness yields the same set of deontic verdicts that the non-consequentialist theory yields. In this paper, I argue that any plausible non-consequentialist theory can be consequentialized. (...) I explain the motivation for the consequentializing project and defend it against recent criticisms by Mark Schroeder and others. (shrink)

A transformative decision rule alters the representation of a decision problem, either by changing the set of alternative acts or the set of states of the world taken into consideration, or by modifying the probability or value assignments. A set of transformative decision rules is order-independent in case the order in which the rules are applied is irrelevant. The main result of this paper is an axiomatic characterization of order-independent transformative decision rules, based on a single axiom. It is shown (...) that the proposed axiomatization resolves a problem observed by Teddy Seidenfeld in a previous axiomatization by Peterson. (shrink)

To consequentialise a moral theory means to account for moral phenomena usually described in nonconsequentialist terms, such as rights, duties, and virtues, in a consequentialist framework. This paper seeks to show that all moral theories can be consequentialised. The paper distinguishes between different interpretations of the consequentialiser’s thesis, and emphasises the need for a cardinal ranking of acts. The paper also offers a new answer as to why consequentialising moral theories is important: This yields crucial methodological insights about how to (...) pursue ethical inquires. (shrink)

Utilitarians are attracted to the idea that an act is morally right iff it leads to the best outcome. But critics have pointed out that in many cases we cannot determine which of our alternatives in fact would lead to the best outcome. So we can’t use the classic principle to determine what we should do. It’s not “practical”; it’s not “action-guiding”. Some take this to be a serious objection to utilitarianism, since they think a moral theory ought to be (...) practical and action-guiding. In response, some utilitarians propose to modify utilitarianism by replacing talk of actual utility with talk of expected utility. Others propose to leave the original utilitarian principle in place, but to combine it with a decision procedure involving expected utility. What all these philosophers have in common is this: they move toward expected utility in order to defend utilitarianism against the impracticality objection. My aim in this paper is to cast doubt on this way of replying to the objection. My central claim is that if utilitarians are worried about the impracticality objection, they should not turn to expected utility utilitarianism. That theory does not provide the basis for a cogent reply to the objection. (shrink)

This paper examines explore the issues of intergenerational equity raised by climate change. A number of different reasons have been suggested as to why current generations may legitimately favor devoting resources to contemporaries rather than to future generations. These - either individually or jointly - challenge the case for combating climate change. In this paper, I distinguish between three different kinds of reason for favoring contemporaries. I argue that none of these arguments is persuasive. My answer in each case appeals (...) to the concept of human rights. It maintains that a human rights-centered perspective to climate change enables us to address each of these reasons. (shrink)

Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...) holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)