We need modal imagination in order to extend our conception of reality - and, in particular, of human beings - beyond our immediate experience in the indexical present; and we need to do this in order to preserve the significance of human interaction. To make this leap of imagination successfully is to achieve not only insight but also an impartial perspective on our own and others' inner states. This perspective is a necessary condition of experiencing compassion for others. This is (...) the primary thesis I will try to defend in this discussion. (shrink)

Following a long-standing philosophical tradition, impartiality is a distinctive and determining feature of moral judgments, especially in matters of distributive justice. This broad ethical tradition was revived in welfare economics by Vickrey, and above all, Harsanyi, under the form of the so-called Impartial Observer Theorem. The paper offers an analytical reconstruction of this argument and a step-wise philosophical critique of its premisses. It eventually provides a new formal version of the theorem based on subjective probability.

To capture genuine utilitarian tendencies, (Kahane et al., Psychological Review 125:131, 2018) developed the Oxford Utilitarianism Scale (OUS) based on two subscales, which measure the commitment to impartial beneficence and the willingness to cause harm for the greater good. In this article, I argue that the impartial beneficence subscale, which breaks ground with previous research on utilitarian moral psychology, does not distinctively measure utilitarian moral judgment. I argue that Kantian ethics captures the all-encompassing impartial concern for the well-being of all (...) human beings. The Oxford Utilitarianism Scale draws, in fact, a point of division that places Kantian and utilitarian theories on the same track. I suggest that the impartial beneficence subscale needs to be significantly revised in order to capture distinctively utilitarian judgments. Additionally, I propose that psychological research should focus on exploring multiple sources of the phenomenon of impartial beneficence without categorizing it as exclusively utilitarian. (shrink)

Antimicrobial resistance (AMR) is a global public health disaster driven largely by antibiotic use in human health care. Doctors considering whether to prescribe antibiotics face an ethical conflict between upholding individual patient health and advancing public health aims. Existing literature mainly examines whether patients awaiting consultations desire or expect to receive antibiotic prescriptions, but does not report views of the wider public regarding conditions under which doctors should prescribe antibiotics. It also does not explore the ethical significance of public views (...) or their sensitivity to awareness of AMR risks or the standpoint (self-interested or impartial) taken by participants. Methods: An online survey was conducted with a sample of the U.S. public (n = 158). Participants were asked to indicate what relative priority should be given to individual patients and society-at-large from various standpoints and in various contexts, including antibiotic prescription. Results: Of the participants, 50.3% thought that doctors should generally prioritize individual patients over society, whereas 32.0% prioritized society over individual patients. When asked in the context of AMR, 39.2% prioritized individuals whereas 45.5% prioritized society. Participants were significantly less willing to prioritize society over individuals when they themselves were the patient, both in general (p = .001) and in relation to AMR specifically (p = .006). Conclusions: Participants’ attitudes were more oriented to society and sensitive to collective responsibility when informed about the social costs of antibiotic use and when considered from a third-person rather than first-person perspective. That is, as participants came closer to taking the perspective of an informed and impartial “ideal observer,” their support for prioritizing society increased. Our findings suggest that, insofar as antibiotic policies and practices should be informed by attitudes that are impartial and well-informed, there is significant support for prioritizing society. (shrink)

‘Universal benevolence’ may be defined as the goal of promoting the welfare of every individual, however remote, to the best of one’s ability. Currently, the commonest model of universal benevolence is that of ‘impartiality,’ the notion promoted by Peter Singer, Roderick Firth, and others, that every individual (including oneself) is of equal intrinsic worth. This paper contends that the impartialist model is seriously flawed. Specifically, it is demonstrated that impartialist accounts of benevolence (1) attempt to draw positive moral conclusions (...) from negative premises, (2) draw actual conclusions from merely counterfactual premises, (3) fail to live up to stated claims of naturalism, and (4) give no compelling account of moral motivation. By contrast, I propose an alternate model of universal benevolence, grounded in the Stoic, cosmopolitan theory of oikeiôsis, i.e. ‘appropriation.’ Such a model, in contradistinction to impartiality, would see benevolence as the positive identification between moral agent and moral patient, rather than a charitable sacrifice of oneself for a distinct but equal other. An ethics of oikeiôsis has the further benefit of avoiding each of the four abovementioned conceptual pitfalls common to impartialist theories. (shrink)

Did the impartiality of clinical trials play any role in their acceptance as regulatory standards for the safety and efficacy of drugs? According to the standard account of early British trials in the 1930s and 1940s, their impartiality was just rhetorical: the public demanded fair tests and statistical devices such as randomization created an appearance of neutrality. In fact, the design of the experiment was difficult to understand and the British authorities took advantage of it to promote their (...) own particular interests. I claim that this account is based on a poorly defined concept of experimental fairness . I present an alternative approach in which a test would be impartial if it incorporates warrants of non-manipulability. With this concept, I reconstruct the history of British trials showing that they were indeed fair and this fairness played a role in their acceptance as regulatory yardsticks. (shrink)

Social contract is one of the most common schemes for justifying patents. According to this theory, inventors obtain a commercial exclusivity in exchange for the disclosure of the invention, with the final aim of allowing others to use that knowledge in future innovations. Under the rationale of this social contract theory of patents, if a patent system is not guided by impartiality in its decisions, the relation between disclosure of inventions and future innovation becomes an issue, because non-merit factors (...) in patent examination influence the quality of the knowledge disclosed. The aim of this article is to analyse impartiality in patent systems and, by doing so, defend that there is an epistemic side on both impartiality and social contract theory. (shrink)

This article explores the relationship between friendship and morality. Two ideas have been influential in the history of moral philosophy: the impartial standpoint and close friendship. These two perspectives on thought and action can conflict, however, and such a case is presented here. In an attempt to resolve these tensions, and understand the assumption that gives rise to it, I explore an alternative conception of moral conduct and friendship suggested by early Confucian thought. Within this account, moral conduct is that (...) which aims at harmony, understood as the appropriate blending of different elements. This suggests a conception of friendship that realizes harmony through a focus on shared activities, and the quality of interaction achieved between people as they participate in shared social events. This account offers a novel way of conceptualizing friendship, which also avoids the tension between the impartial standpoint and close friendship. (shrink)

This paper discusses “impartiality thought experiments”, i.e., thought experiments that attempt to generate intuitions which are unaffected by personal characteristics such as age, gender or race. We focus on the most prominent impartiality thought experiment, the Veil of Ignorance (VOI), and show that both in its original Rawlsian version and in a more generic version, empirical investigations can be normatively relevant in two ways: First, on the assumption that the VOI is effective and robust, if subjects dominantly favor (...) a certain normative judgment behind the VOI this provides evidence in favor of that judgment; if, on the other hand, they do not dominantly favor a judgment this reduces our justification for it. Second, empirical investigations can also contribute to assessing the effectiveness and robustness of the VOI in the first place, thereby supporting or undermining its applications across the board. (shrink)

Communitarians reject the impartial and universal viewpoint of liberal morality in favor of the "situated" viewpoint of the agent's community, and elevate political community into the moral community. I show that the preeminence of political community in communitarian morality is incompatible with concern for people's lives in the partial communities of family, friends, or others. Ironically, it is also incompatible with the communitarian thesis about the situated nature of moral agency. Political community is preeminent in communitarianism because of its unargued-for (...) assumption that a good society is a morally unified society. I further argue that the ability to take the impartial standpoint is essential to the ability to make particular commitments that have an intrinsic human importance. (shrink)

Garrett Cullity contends that fairness is appropriate impartiality (See Cullity (2004) Chapters 8 and 10 and Cullity (2008)). Cullity deploys his account of fairness as a means of limiting the extreme moral demand to make sacrifices in order to aid others that was posed by Peter Singer in his seminal article ‘Famine, Affluence and Morality’. My paper is founded upon the combination of (1) the observation that the idea that fairness consists in appropriate impartiality is very vague and (...) (2) the fact that psychological studies show the self-serving bias is especially likely to infect one’s judgements when the ideas involved are vague. I argue that Cullity’s solution to extreme moral demandingness is threatened by these findings. I then comment on whether some other theories of fairness are vulnerable to the same objection. (shrink)

This paper examines how the concepts of utility, impartiality, and universality worked together to form the foundation of Adam Smith's jurisprudence. It argues that the theory of utility consistent with contemporary rational choice theory is insufficient to account for Smith's use of utility. Smith's jurisprudence relies on the impartial spectator's sympathetic judgment over whether third parties are injured, and not individuals' expected utility associated with individuals' expected gains from rendering judgments over innocence or guilt.

This book is devoted to applied ethics. We focus on six popular and controversial topics: abortion, the environment, animals, poverty, punishment, and disability. We cover three chapters per topic, and each chapter is devoted to a famous or influential argument on the topic. After we present an influential argument, we then consider objections to the argument, and replies to the objections. The book is impartial, and set up in order to equip the reader to make up her own mind about (...) the controversial topics covered. (shrink)

In the first half of the 20 th century, philosophers of science used to sustain that the correct theory acceptance in science derived from their conforming to certain rules. However, from the historicist and practical turn in the philosophy of science, the theory acceptance started to be analyzed based on values rather than on a priori established rules. In this article, I will present four paradigmatic positions on the role of values in science. The first position, articulated by Hugh Lacey, (...) defends a regulative ideal of 'impartiality' in the acceptance of scientific theories as established. The other positions convey arguments that seem to conflict with this ideal. I characterize them as 'blind spot argument', 'inductive risk argument' and 'trust-based acceptance argument'. Based on this analysis, I will defend two main theses. My first thesis is that the ideal of impartiality is compatible with the arguments just mentioned. My second thesis is that the defense of impartiality has the advantage of providing a support for the epistemic authority of properly established scientific knowledge. Following Lacey, I will argue that theories can only be accepted as established under specified domains of phenomena. However, theories are accepted for other purposes, for example, when they are adopted to develop research or when they are endorsed to inform the legitimacy of an action. In such cases of theory acceptance, impartiality is neither possible nor desirable, which requires the support of other ideals. (shrink)

In this article, I will examine the phenomenon wherein white people feel that they can be impartial in discussions about racism. Specifically, I will argue that the experience of whiteness confers the belief that one can be impartial, that manifests itself in the appearance of an epistemic privilege. The phenomenological experience of whiteness is constituted in such a way as to ignore the racialized experience. Moreover, white people have privileged access to the majority’s hermeneutic resources, as these reflect and build (...) upon this whiteness. In this regard, I will analyse the white and racialized phenomenological experiences and examine their epistemic consequences to show how impartiality can be conceived as a white epistemic privilege. (shrink)

Some writers appear to believe that a theory of justice must somehow pick people up by the scruff of the neck and force them to behave justly, regardless of their beliefs or inclinations. This is an absurd demand... (B. Barry, Justice as Impartiality).

In this paper I consider the intuitive idea that God is fair and does not play favorites. This belief appears to be held by many theists. I will call it the Principle of Impartial Benevolence (PIB) and put it as follows: As much as possible, for all persons, God equally promotes the good and equally prevents the bad. I begin with the conviction that there is a prima facie tension between PIB and the disparity of human suffering. My aim in (...) what follows is to clarify this tension and show that it runs deep. More specifically, I will argue that PIB imposes stringent demands—including a patient-centered theodicy—on the sorts of reasons that would justify God in permitting suffering, and, that the historical disparity of suffering indicates that these demands are not met. I conclude that theists should disavow PIB or at least consider it sub judice. (shrink)

In this article, I attempt to bridge the gap between partiality and impartiality in moral philosophy from an oft-neglected African perspective. I draw a solution for this moral-theoretical impasse between partialists and impartialists from Kwasi Wiredu's, one of the most influential African philosophers, distinction between an ethic and ethics. I show how an ethic accommodates partiality and ethics impartiality. Wiredu's insight is that partialism is not concerned with strict moral issues. -/- .

In this essay, I critically examine the ways in which the characters of Alias attempt to balance their impartial moral obligations (e.g. duties toward humanity) and their personal obligations (e.g. duties toward one's children). I specifically examine three areas of conflict: (1) choices between saving loved ones and maximizing consequences, (2) choices to maintain or sever relationships with characters who are vicious or immoral, and (3) choices to seek or not seek revenge on the behalf of loved ones. I conclude (...) that Sydney's and Jack's moral choices show that one can and should privilege loved ones to some extent, but that this privilege has limits. (shrink)

Adam Smith argued that the ideal moral judge is both well-informed and impartial. As non-ideal moral agents, we tend only to be truly well-informed about those with whom we frequently interact. These are also those with whom we tend to have the closest affective bonds. Hence, those who are well-informed, like our friends, tend to make for partial judges, while those who are impartial, like strangers, tend to make for ill-informed ones. Combining these two traits in one person seems far (...) from straightforward. Still, if becoming well-informed is, as Smith also claims, a matter of imaginative perspective-taking with the “person principally concerned”, it might be possible to become well-informed without the emotional entanglement that comes from any actual proximity to those we judge. Against this intuition, I use Construal Level Theory to show that the tension between being well-informed and impartial is likely to persist even if we take any actual proximity out of the equation. I end by discussing some implications of this, and suggest that we should consider revising the ideal to accommodate them. (shrink)

[First published in Italian as: “L’irreligione e lo spettatore imparziale nel sistema morale di Adam Smith”, in Rivista di Filosofia 3 (3):375-403 (2005). -/- Translated by E. Lecaldano.] -/- A number of commentators on Smith’s philosophy have observed that the relationship between his moral theory and his theological beliefs is “exceedingly difficult to unravel.” The available evidence, as generally presented, suggests that although Smith was not entirely orthodox by contemporary standards, he has no obvious or significant irreligious commitments or orientation. (...) Contrary to this view of things, this essay argues that behind the veneer of orthodoxy that covers Smith’s discussion in The Theory of the Moral Sentiments there are significant irreligious themes present in his work. -/- . (shrink)

The question of possible moral conflict between commitment to family and to impartiality is particularly relevant to traditional Confucian thought, given the importance of familial bonds in that tradition. Classical Confucian ethics also appears to lack any developed theoretical commitment to impartiality as a regulative ideal and a standpoint for ethical judgment, or to universal equality. The Confucian prioritizing of family has prompted criticism of Confucian ethics, and doubts about its continuing relevance in China and beyond. This chapter (...) assesses how those sympathetic to the Confucian vision of the good life might respond. It first explores Confucian conceptions of love and the importance of familial love. Next, problems arising from this commitment to partiality are discussed, and how a modern Confucian ethics might respond. I explore what notions of impartiality—understood largely pragmatically, as a value that functions in everyday social life rather than as an explicit moral principle that guides deliberation or judgment—can be derived from an ethics that focuses on family commitments. (shrink)

While psychologists and political scientists have long investigated issues of interest to philosophers, the development of political experimental philosophy has remained limited. This slow progress is surprising, given that political philosophers commonly acknowledge the relevance of empirical data for normative theorizing. In this chapter, we illustrate the importance of empirical data by outlining recent developments in three domains related to theories of justice, where empirical results reinforce or endanger popular philosophical theories. Our first showcase concerns the boundaries of the concept (...) of fairness. While both libertarian thinkers and social egalitarians have united in rejecting the concept of natural injustice, we show that people do consider that unpreventable natural inequalities can be described as unfair. Second, we take the example of impartiality devices, such as the veil of ignorance or the idea of an impartial spectator, to show that such devices are efficient at shifting people’s intuitions in a more impartial manner. Third, we review empirical data on fairness intuitions to show that people conform to a pluralist theory of justice, valuing desert, needs-satisfaction, and equality at the same time. However, distribution according to desert enjoys a privileged position: people mostly care for the satisfaction of basic needs of deserving recipients, and people are willing to tolerate large inequalities in meritocratic contexts. The centrality of desert leads to dilemmas for mainstream egalitarian theorists, as theories that do not recognize the value of desert could fail to find support or legitimacy within the population. (shrink)

It is obvious that we would not want to demand that an agent' s beliefs at different times exhibit the same sort of consistency that we demand from an agent' s simultaneous beliefs; there' s nothing irrational about believing P at one time and not-P at another. Nevertheless, many have thought that some sort of coherence or stability of beliefs over time is an important component of epistemic rationality.

John Rawls raises three challenges – to which one can add a fourth challenge – to an impartial spectator account: (a) the impartial spectator is a utility-maximizing device that does not take seriously the distinction between persons; (b) the account does not guarantee that the principles of justice will be derived from it; (c) the notion of impartiality in the account is the wrong one, since it does not define impartiality from the standpoint of the litigants themselves; (d) (...) the account would offer a comprehensive, rather than a political, form of liberalism. The narrow aim of the article is to demonstrate that Adam Smith's impartial spectator account can rise to Rawls's challenges. The broader aim is to demonstrate that the impartial spectator account offers the basis for a novel and alternative framework for developing principles of justice, and does so in the context of a political form of liberalism. (shrink)

The Buddhist denial of the world seems hard to defend if it is confronted with empirical data. Surveys on subjective life satisfaction consistently report that the majority is satisfied with their lives. Is the desire to escape from the cycle of rebirth a sign of risk-aversion or even irrationality? How would an impartial observer evaluate the world? -/- An impartial view is achieved by interpreting the surveys on life satisfaction as probability distributions for life’s risks and chances. It turns out (...) that there is no indisputable metric for measuring risks and no reliable forecast. Given this uncertainty the denial of the world cannot easily be dismissed as being irrational. (shrink)

I build on Adam Smith’s account of the impartial spectator in The Theory of Moral Sentiments in order to offer a modest ideal observer theory of moral judgment that is adequate in the following sense: the account specifies the hypothetical conditions that guarantee the authoritativeness of an agent’s (or agents’) responses in constituting the standard in question, and, if an actual agent or an actual community of agents are not under those conditions, their responses are not authoritative in setting this (...) standard. However, in the account that I provide, the hypothetical conditions can themselves be constructed from the psychology and interactions of actual human beings. In other words, facts about the morally appropriate and inappropriate are determined from hypothetical conditions that––while agents in a given society might have yet to attain them––can be constructed from those agents’ shared experiences. Thus, the account offers both an attainable standard of moral judgment and a standard that can transcend the biases of the society which gave rise to it. I also defend the account against three challenges: (a) ideal observer theories do not offer the right kind of motivation to act on the verdicts of the ideal observer; (b) ideal observer theories cannot explain why the idealization in question is well-motivated and not objectionably ad hoc; (c) the standard used in ideal observer theories cannot be defended upon further reflection, because we would need a non-arbitrary, second-order standard to govern our reflection on the first-order standard of moral judgment. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize (...) impartial methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

Emily Chamlee-Wright is clearly right that self-censorship is an issue of concern within the academy. How much of a problem it is—how widespread and how bad it is when it occurs—is unclear and difficult to quantify. Administrators, faculty, and students all self-censor from time to time. Sometimes the self-censorship is just a matter of being polite or exercising pedagogical restraint, as Chamlee-Wright notes. The worry, of course, is that sometimes it prevents open and honest discussion about difficult topics and thus (...) stymies learning and truth-seeking. While I will keep these caveats in mind, I also want to help strengthen Chamlee-Wright’s case. I will also, though, point out a difficulty. (shrink)

This paper analyzes the ethical themes and theory portrayals by particular characters in Star Trek: Into Darkness. It is concluded that the film can be understood as explicating the pros and cons of both "male" and "female" ethical perspectives, and that a comprehensive understanding of morality requires some synthesis of both perspectives.

The aim of this paper is to show that science, understood as pure research, ought not to be affected by non-epistemic values and thus to defend the traditional ideal of value-free science. First, we will trace the distinction between science and technology, arguing that science should be identified with pure research and that any non-epistemic concern should be di­rected toward technology and technological research. Second, we will examine different kinds of values and the roles they can play in scientific research (...) to argue that science understood as pure research is mostly and in any case ought to be value-free. Third, we will consider and dismiss some widespread arguments that aim to defend, especially at a normative level, the inevitable value-ladenness of science. Finally, we will briefly return to the connections among science, technology, and values. (shrink)

Ce chapitre est consacré à l'impartialité conçue comme une propriété des jugements moraux. Un jugement est impartial, au sens pertinent, si et seulement si son auteur y souscrirait même s’il n’occupait pas la position qu’il occupe actuellement. Les jugements moraux se doivent d'être impartiaux en ce sens en vertu de leur universalisabilité, c'est-à-dire en vertu du fait qu'ils impliquent des jugements identique pour tous les cas identiques quant à leurs propriétés universelles.

This article aims to present that moral particularism is a viable alternative to the dominant ethics of modernity to the present (i.e., Kantian and utilitarian ethics); theories that have been criticized during the last decades, especially, by the requirement of moral impartiality. The agent in these ethics deliberates impartially due to the universalism of moral principles. I will suggest that moral particularism, insofar as it excludes impartiality as a relevant factor in the agents' deliberations, presents reasons to be (...) a plausible ethics. (shrink)

Recent research has relied on trolley-type sacrificial moral dilemmas to study utilitarian versus nonutili- tarian modes of moral decision-making. This research has generated important insights into people’s attitudes toward instrumental harm—that is, the sacrifice of an individual to save a greater number. But this approach also has serious limitations. Most notably, it ignores the positive, altruistic core of utilitarianism, which is characterized by impartial concern for the well-being of everyone, whether near or far. Here, we develop, refine, and validate a (...) new scale—the Oxford Utilitarianism Scale—to dissociate individual differences in the ‘negative’ (permissive attitude toward instrumental harm) and ‘positive’ (impartial concern for the greater good) dimensions of utilitarian thinking as manifested in the general population. We show that these are two independent dimensions of proto-utilitarian tendencies in the lay population, each exhibiting a distinct psychological profile. Empathic concern, identification with the whole of humanity, and concern for future generations were positively associated with impartial beneficence but negatively associated with instrumental harm; and although instrumental harm was associated with subclinical psychopathy, impartial beneficence was associated with higher religiosity. Importantly, although these two dimensions were independent in the lay population, they were closely associated in a sample of moral philosophers. Acknowledging this dissociation between the instrumental harm and impartial beneficence components of utilitarian thinking in ordinary people can clarify existing debates about the nature of moral psychology and its relation to moral philosophy as well as generate fruitful avenues for further research. (shrink)

In The Sources of Normativity, Korsgaard argues for what can be called “The Universality of Humanity Claim” (UHC), according to which valuing humanity in one’s own person entails valuing it in that of others. However, Korsgaard’s reliance on the claim that reasons are essentially public in her attempt to demonstrate the truth of UHC has been repeatedly criticized. I offer a sentimentalist defense, based on Adam Smith’s moral philosophy, of a qualified, albeit adequate, version of UHC. In particular, valuing my (...) humanity, understood as (my awareness of) my perspective and the reasons determined from within it, entails valuing your humanity, understood as (your awareness of) your perspective and the reasons determined from within it. Given Korsgaard’s emphasis on the publicity of reasons in her argument for UHC, I also discuss the role of reasons in my account. I argue that the relative weights of (at least some of) an agent’s reasons are determined from within a shared evaluative point of view, namely, the standpoint of what Smith calls “the impartial spectator.” These reasons have normative authority over and constrain the agent’s private reasons, that is, those that are determined from within her own particular evaluative point of view. (shrink)

Derek Parfit’s On What Matters endorses Kantian Contractualism, the normative theory that everyone ought to follow the rules that everyone could rationally will that everyone accept. This paper explores Parfit’s argument that Kantian Contractualism converges with Rule Consequentialism. A pivotal concept in Parfit’s argument is the concept of impartiality, which he seems to equate agent-neutrality. This paper argues that equating impartiality and agent-neutrality is insufficient, since some agent-neutral considerations are silly and some are not impartial. Perhaps more importantly, (...) there is little realistic prospect of Kantian Contractualism converging with Rule Consequentialism unless the same impartial reasons drive rule selection in the two theories. (shrink)

Harsanyi claimed that his Aggregation and Impartial Observer Theorems provide a justification for utilitarianism. This claim has been strongly resisted, notably by Sen and Weymark, who argue that while Harsanyi has perhaps shown that overall good is a linear sum of individuals’ von Neumann-Morgenstern utilities, he has done nothing to establish any con- nection between the notion of von Neumann-Morgenstern utility and that of well-being, and hence that utilitarianism does not follow. The present article defends Harsanyi against the Sen-Weymark cri- (...) tique. I argue that, far from being a term with precise and independent quantitative content whose relationship to von Neumann-Morgenstern utility is then a substantive question, terms such as ‘well-being’ suffer (or suffered) from indeterminacy regarding precisely which quantity they refer to. If so, then (on the issue that this article focuses on) Harsanyi has gone as far towards defending ‘utilitarianism in the original sense’ as could coherently be asked. (shrink)

There has been a growing charge that perdurantism—with its bloated ontology of very person-like objects that coincide persons—implies the repugnant conclusion that we are morally obliged to be feckless. I argue that this charge critically overlooks the epistemic situation—what I call the ‘veil of ignorance’—that perdurantists find themselves in. Though the veil of ignorance still requires an alteration of our commonsense understanding of the demands on action, I argue for two conclusions. The first is that the alteration that is required (...) isn’t a moral one, but rather an alteration of prudential reasoning. Second, and more importantly, this alteration isn’t necessarily a repugnant one. In fact, given that it prudentially pushes one towards greater impartiality, it may be seen as a point in favor of perdurantism. (shrink)

In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work on the (...) bench. This article examines that question. Bench representation occurs when a judge, through statements or actions undertaken during the performance of official duties, speaks or acts for a party to the proceeding before them. I argue that serving as a bench representative is a common and valuable feature of what it is to be a judge and, despite appearances, usually undermines neither impartiality nor fairness. (shrink)

Friendship and romantic love are, by their very nature, exclusive relationships. This paper sug- gests that we can better understand the nature of the exclusivity in question by understanding what is wrong with the view of practical reasoning I call the Comprehensive Surveyor View. The CSV claims that practical reasoning, in order to be rational, must be a process of choosing the best available alternative from a perspective that is as detached and objective as possible. But this view, while it (...) means to be neutral between various value-bearers, in fact incorporates a bias against those value-bearers that can only be appreciated from a perspective that is not deta- ched—that can only be appreciated, for instance, by agents who bear long-term commitments to the values in question. In the realm of personal relationships, such commitments tend to give rise to the sort of exclusivity that characterizes friendship and romantic love; they prevent the agent from being impartial between her beloved’s needs, interests, etc., and those of other per- sons. In such contexts, I suggest, needs and claims of other persons may be silenced in much the way that, as John McDowell has suggested, the temptations of immorality are silenced for the virtuous agent. (shrink)

Care ethicists have long insisted that Kantian moral theory fails to capture the partiality that ought to be present in our personal relationships. In her most recent book, Virginia Held claims that, unlike impartial moral theories, care ethics guides us in how we should act toward friends and family. Because these actions are performed out of care, they have moral value for a care ethicist. The same actions, Held claims, would not have moral worth for a Kantian because of the (...) requirement of impartiality. Although Kantian moral theory is an impartial theory, I argue that the categorical imperative in the Formulation of Humanity as an End and the duty of respect require that we give special treatment to friends and family because of their relationships with us. Therefore, this treatment does have moral value for a Kantian. (shrink)

What reasons stand in favor of (or against) violent resistance to oppression? I distinguish two kinds of normative reasons that bear relevantly in such a practical deliberation. I argue that in addition to reasons of impartial morality, victims’ personal projects and relationships may also provide reasons for (or against) violent resistance. Moreover, there is no guarantee that conflicts will not occur between such reasons. Thus, some acts of violent resistance may arise from situations of radical choice in which impartial moral (...) reasons and personal reasons pull the agent in opposite directions. Regardless of what we ultimately think agents facing such decisions ought to do all things considered, recognizing such conflicts is crucial for understanding the circumstances that give rise to violence and for better sympathizing with victims who are pushed to such extreme modes of resistance. (shrink)

Why be moral? Why, in the language of Adam Smith, act on what you think is praiseworthy even when it does not get you praise from other people? Because, answers Smith, you love praiseworthiness. But what is this love of praiseworthiness, and where does it come from? In this article, 1) I argue that we start to love praiseworthiness when we redirect our love of praise away from other people toward the ‘impartial spectator’-aspect of ourselves, and 2) show how this (...) fits with evidence that the rudimentary moral compass which guides us early in childhood needs correction through socialisation to develop into a mature moral conscience. (shrink)

Leslie Allan defends his thesis that ethics is objective in the sense of requiring moral agents to offer impartial reasons for acting. Radical subjectivists have attacked this requirement for impartiality on a number of grounds. Some critics make the charge that Allan's thesis is simply a version of subjectivism in disguise. He responds by showing how a broadly naturalist view of ethics accommodates objective moral constraints. Allan also counters cases in which impartiality is purportedly not morally required and (...) considers the subjectivists' response to the problem of demarcating moral from non-moral judgements. (shrink)

A number of philosophers from Hobbes to Mill to Parfit have held some combination of the following views about the Golden Rule: (a) It is the cornerstone of morality across many if not all cultures. (b) It affirms the value of moral impartiality, and potentially the core idea of utilitarianism. (c) It is immune from evolutionary debunking, that is, there is no good naturalistic explanation for widespread acceptance of the Golden Rule, ergo the best explanation for its appearance in (...) different traditions is that people have perceived the same non-natural moral truth. De Lazari-Radek and Singer employ all three of these claims in an argument meant to vindicate Sidgwick's ‘principle of universal benevolence’. I argue that the Golden Rule is the cornerstone of morality only in Christianity, it does not advocate moral impartiality, and there is a naturalistic explanation for why versions of the Golden Rule appear in different traditions. (shrink)

Martha Nussbaum has provided a sustained critique of Cicero’s De officiis (or On Duties), concerning what she claims is Cicero’s incoherent distinction between duties of justice, which are strict, cosmopolitan, and impartial, and duties of material aid, which are elastic, weighted towards those who are near and dear, and partial. No doubt, from Nussbaum’s cosmopolitan perspective, Cicero’s distinction between justice and beneficence seems problematic and lies at the root of modern moral failures to conceptualize adequately our obligations in situations of (...) famine and global inequality. And yet a careful reading of Cicero’s On Duties shows many duties that appear to be partial. It is hard to believe that Cicero’s discussion of these “partial duties” was a mere oversight or omission on his part. Rather, Cicero seemed to have no problem endorsing what I will call the “partial coherence” of duties in the work—namely, the claim that asserting that duties are exhaustively partial or impartial is a false dichotomy. With the help of conceptual analysis by Richard Kraut, my paper aims to establish and defend Cicero’s “partial coherence” against Nussbaum’s criticisms. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)