Metaethical Mooreanism is the view that without being able to explain how we know certain moral claims we can nevertheless be sure that we do know them. In this paper I focus on the Moorean argument against moral error theory. I conclude that it fails. To show this failure, I first distinguish Moorean claims from Moorean arguments, and then so-called presumptive support from dialogical support. With these distinctions in place, I argue that the key (...) class='Hi'>Moorean claim requires dialogical support in order to be used within the Moorean argument against moral error theory, but metaethical Mooreans have only provided presumptive support for the Moorean claim. Not only is this presumptive support inadequate for fending off the moral error theory, it is doubtful that Mooreans can actually provide dialogical support for the key Moorean claim. (shrink)

Moorean arguments are a popular and powerful way to engage highly revisionary philosophical views, such as nihilism about motion, time, truth, consciousness, causation, and various kinds of skepticism (e.g., external world, other minds, inductive, global). They take, as a premise, a highly plausible first-order claim (e.g., cars move, I ate breakfast before lunch, it’s true that some fish have gills) and conclude from it the falsity of the highly revisionary philosophical thesis. Moorean arguments can be used against nihilists (...) in ethics (error theorists), too. Recently, error theorists have recognized Moorean arguments as a powerful challenge and have tried to meet it. They’ve argued that moral Moorean premises seem highly credible to us, but aren’t, by offering various debunking explanations. These explanations all appeal to higher-order evidence—evidence of error in our reasoning. I argue that drawing attention to higher-order evidence is a welcome contribution from error theorists, but that the higher-order evidence actually counts further against error theoretic arguments—including their debunking explanations—and further in favor of Moorean arguments and the commonsense views they support. Along the way I answer a few prominent objections to Moorean arguments: that they are objectionably question-begging, rely on categorizing some facts as “Moorean Facts”, and that reports of one’s credence in a proposition bears no interesting relation to that proposition’s credibility. (shrink)

G. E. Moore famously argued against skepticism and idealism by appealing to their inconsistency with alleged certainties, like the existence of his own hands. Recently, some philosophers have offered analogous arguments against revisionary views about ethics such as metaethical error theory. These arguments appeal to the inconsistency of error theory with seemingly obvious moral claims like “it is wrong to torture an innocent child just for fun.” It might seem that such ‘Moorean’ arguments in ethics will stand or (...) fall with Moore’s own arguments in metaphysics and epistemology, in virtue of their shared structure. I argue that this is not so. I suggest that the epistemic force of the canonical Moorean arguments can best be understood to rest on asymmetries in indirect evidence. I then argue that this explanation suggests that Moorean arguments are less promising in ethics than they are against Moore’s own targets. I conclude by examining the competing attempt to vindicate Moorean arguments by appealing to Rawls’s method of reflective equilibrium. (shrink)

How Moore’s open question argument works, insofar as it does, remains a matter of controversy. My purpose here is to construct an open question argument based on a novel interpretation of how Moore’s argument might work. In order to sidestep exegetical questions, I do not claim here to be offering Moore’s own argument. Rather, I offer a reconstruction making use of important elements of Moore’s methodology and assumptions that could be reasonable within a Moorean viewpoint. The crucial role within (...) the argument is played by what I call the real thought move. I show that the reconstructed argument is more defensible from some standard objections than the common construction. I finish by drawing attention to a neglected objective that would make sense within Moore’s viewpoint, showing that it fits with a major commitment of Bonjour’s moderate rationalism, and show how the package might be important for the non-naturalist today. (shrink)

Mooreans claim that intrinsic goodness is a conceptual primitive. Fitting-attitude theorists object: they say that goodness should be defined in terms of what it is fitting for us to value. The Moorean view is often considered a relic; the fitting-attitude view is increasingly popular. I think this unfortunate. Though the fitting-attitude analysis is powerful, the Moorean view is still attractive. I dedicate myself to the influential arguments marshaled against Moore’s program, including those advanced by Scanlon, Stratton-Lake and Hooker, (...) and Jacobson; I argue that they do not succeed. (shrink)

Moorean constructions are famously odd: it is infelicitous to deny that you believe what you claim to be true. But what about claiming that p, only to immediately put into question your evidence in support of p? In this paper, we identify and analyse a class of quasi-Moorean constructions, which we label counterevidentials. Although odd, counterevidentials can be accommodated as felicitous attempts to mitigate one’s claim right after making it. We explore how counterevidentials differ from lexicalised mitigation operators, (...) parentheticals, and anaphoric mitigation devices, and consider some cognate non-assertoric constructions. We conclude by exploring the implications of our analysis for theorising about linguistic responsibility, assertion, and lying. (shrink)

In this paper I defend what I call the argument from epistemic reasons against the moral error theory. I argue that the moral error theory entails that there are no epistemic reasons for belief and that this is bad news for the moral error theory since, if there are no epistemic reasons for belief, no one knows anything. If no one knows anything, then no one knows that there is thought when they are thinking, and no one knows that they (...) do not know everything. And it could not be the case that we do not know that there is thought when we believe that there is thought and that we do not know that we do not know everything. I address several objections to the claim that the moral error theory entails that there are no epistemic reasons for belief. It might seem that arguing against the error theory on the grounds that it entails that no one knows anything is just providing a Moorean argument against the moral error theory. I show that even if my argument against the error theory is indeed a Moorean one, it avoids Streumer's, McPherson's and Olson's objections to previous Moorean arguments against the error theory and is a more powerful argument against the error theory than Moore's argument against external world skepticism is against external world skepticism. (shrink)

According to ethical neo-expressivism, all declarative sentences, including those used to make ethical claims, have propositions as their semantic contents, and acts of making an ethical claim are properly said to express mental states, which (if motivational internalism is correct) are intimately connected to motivation. This raises two important questions: (i) The traditional reason for denying that ethical sentences express propositions is that these were thought to determine ways the world could be, so unless we provide an analysis of (...) ethical terms in terms of natural properties, are we not committed to the Moorean conclusion that ethical sentences describe sui generis “nonnatural” ways the world could be? (ii) If we reject the claim that motivational attitudes constitute any part of the semantics of ethical sentences, are we not committed to denying the intuition behind motivational internalism after all? This chapter argues for negative answers to both of these questions. (shrink)

This paper outlines the fundamental of a new Pragmatics, formulated in a new conceptual framework, including a new normative system - Conversational Etiquette. It's claimed that it does better than the Gricean system or its offshoots, and covers a much broader domain. It's main new concepts are: Steering-Thrust; Posting; and Pragmatic Stances. Its main applications are: 1. Assertion is a Pragmatic construction, which invokes a raise in the degree of Steering Thrust. 2. 'presupposition' as used in Logic/Linguistics (or what's in (...) the 'Common Ground') is analyzed in terms of the new Pragmatics: The main phenomenon involves is: Posting-without Steering. 3. There is no Pragmatic Encroachment (into the semantics of 'know'). Fluctuations in knowledge-ascriptions in High/Low Stakes convey a DIFFERENT dominant Pragmatic content that drives our intuitions, which track so-called 'Sayability' rather than Truth-Values. 4. Pragmatic Inconsistencies amount to Steering-Thrusts in opposite directions (polarity). Moorean sentences invoke Pragmatic Inconsistencies. 5. Misleading is a Pragmatic phenomenon. (shrink)

In his recent article entitled ‘Can We Believe the Error Theory?’ Bart Streumer argues that it is impossible (for anyone, anywhere) to believe the error theory. This might sound like a problem for the error theory, but Streumer argues that it is not. He argues that the un-believability of the error theory offers a way for error theorists to respond to several objections commonly made against the view. In this paper, we respond to Streumer’s arguments. In particular, in sections 2-4, (...) we offer several objections to Streumer’s argument for the claim that we cannot believe the error theory. In section 5, we argue that even if Streumer establishes that we cannot believe the error theory, this conclusion is not as helpful for error theorists as he takes it to be. (shrink)

There are advantages to thrift over honest toil. If we can make do without numbers we avoid challenging questions over the metaphysics and epistemology of such entities; and we have a good idea, I think, of what a nominalistic metaphysics should look like. But minimizing ontology brings its own problems; for it seems to lead to error theory— saying that large swathes of common-sense and best science are false. Should recherche philosophical arguments really convince us to give all this up? (...) Such Moorean considerations are explicitly part of the motivation for the recent resurgence of structured metaphysics, which allow a minimal (perhaps nominalistic) fundamental ontology, while avoiding error-theory by adopting a permissive stance towards ontology that can be argued to be grounded in the fundamental. This paper evaluates the Moorean arguments, identifying key epistemological assumptions. On the assumption that Moorean arguments can be used to rule out error-theory, I examine deflationary ‘representationalist’ rivals to the structured metaphysics reaction. Quinean paraphrase, fictionalist claims about syntax and semantics are considered and criticized. In the final section, a ‘direct’ deflationary strategy is outlined and the theoretical obligations that it faces are articulated. The position advocated may have us talking a lot like a friend of structured metaphysics—but with a very different conception of what we’re up to. (shrink)

Moore's moral programme is increasingly unpopular. Judith Jarvis Thomson's attack has been especially influential; she says the Moorean project fails because ‘there is no such thing as goodness’. I argue that her objection does not succeed: while Thomson is correct that the kind of generic goodness she targets is incoherent, it is not, I believe, the kind of goodness central to the Principia. Still, Moore's critics will resist. Some reply that we cannot understand Moorean goodness without generic goodness. (...) Others claim that even if Moore does not need Thomson's concept, he still requires the objectionable notion of absolute goodness. I undermine both these replies. I first show that we may dispense with generic goodness without losing Moorean intrinsic goodness. Then, I argue that though intrinsic goodness is indeed a kind of absolute goodness, the objections marshalled against the concept are unsound. (shrink)

Certain combinations of attitudes are manifestly unreasonable. It is unreasonable to believe that dogs bark, for example, if one concedes that one has no justification to believe this. Why are the irrational combinations irrational? One suggestion is that these are attitudes that a subject cannot have justification to have. If this is right, we can test claims about the structure of propositional justification by relying on our observations about which combinations of attitudes constitute Moorean absurd pairs. In a (...) recent defense of access internalism, Smithies argues that only access internalism can explain why various combinations of attitude are irrational. In this paper, I shall argue that access internalism cannot explain the relevant data. Reflection on Moore's Paradox will not tell us much of anything about propositional justification and cannot support access internalism. (shrink)

In spite of the intuitiveness of epistemic closure, there has been a stubborn stalemate regarding whether it is true, largely because some of the “Moorean” things we seem to know easily seem clearly to entail “heavyweight” philosophical things that we apparently cannot know easily—or perhaps even at all. In this paper, I will show that two widely accepted facts about what we do and don’t know—facts with which any minimally acceptable understanding of knowledge must comport—are jointly inconsistent with the (...) truth of CLR. The proof works by supposing the truth of “Categorialism,” a thesis about the relation between basic categories and common nouns and predicates, which is itself a heavyweight claim that cannot be easily known to be either true or false. (shrink)

James Levine has recently argued that there is a tension between Russell’s Moorean semantical framework and Russell’s Peano-inspired analytical practice. According to Levine, this discrepancy runs deep in Russell’s thought from 1900 to 1918, and underlies many of the doctrinal changes occurring during this period. In this paper, I suggest that, contrary to what Levine claims, there is no incompatibility between Moore’s theory of meaning and the idea of informative conceptual analysis. I show this by relating Moore’s view (...) of meaning to his Sidgwick-inspired criticism of the so-called naturalistic fallacy. I maintain that Moore’s semantical framework has a methodological intent: following Sidgwick, Moore wants to block any attempt to justify ethical principles through setting ad hoc conditions on the meaning of the terms involved. Thus, far from grounding philosophical knowledge on subjective intuitions, as Levine suggests, Moore’s framework would provide us with the means to make room for a discursive and dialectic conception of philosophical inquiry. (shrink)

This paper presents the theory of epistemic safety in relation to three problems: similarity, closure, and generality. Within the neo-Moorean framework of skepticism, the epistemic safety theory complements contextualist theories, where a difference is established between sceptical-thought and everyday contexts. In this way, it is claimed that conviction–i.e., when the bases upon which a belief is constructed remain unquestioned–is an intellectual virtue that makes trustworthy processes in near worlds possible. Finally, the aim of the paper is to highlight the (...) modal difference between beliefs that presuppose near worlds as their core and those that take nearby words as their core. (shrink)

Common sense has it that animals matter considerably less than humans; the welfare and suffering of a cow, a chicken or a fish are important but not as much as the welfare and suffering of a human being. Most animal ethicists reject this “speciesist” view as mere prejudice. In their opinion, there is no difference between humans and other animals that could justify such unequal consideration. In the opposite camp, advocates of speciesism have long tried to identify a difference that (...) would fit the bill, but they have consistently seemed to fail. In light of this, some naturally began to appeal to Moorean arguments: the case against speciesism must be flawed somehow, these philosophers maintain, because speciesism is supported by a strong and widespread intuition. This chapter draws on recent findings in social psychology to criticize this defence of speciesism. It argues that the strong and widespread intuition that humans count more than animals is epistemically defective because it is causally shaped by a pair of irrelevant influences: cognitive dissonance and tribalism. Accordingly, it is no suitable basis for a Moorean argument. (shrink)

Philosophers have offered several apparently powerful arguments against the permissibility of eating meat. However, the idea that it is okay to eat meat can seem like a bit of ethical common sense. This paper examines the attempt to adapt one of the most influential philosophical defenses of common sense –G. E. Moore’s case against the skeptic andthe idealist –in support of the omnivore. I first introduce and explain Moore’s argument against the skeptic. I then explain how that argument can be (...) adapted to address two influential philosophical arguments against the omnivore, due to Tom Regan and James Rachels. The adapted Moorean arguments appear strikingly similar to the original. However, I argue that we should not simply assume that all Moorean arguments are created equal. Instead, I propose a set of principled criteria that can be used to test Moorean arguments on a case-by-case basis. Those criteria give the Moorean reason for optimism against the skeptic, but suggest that the Moorean’s case is much weaker against the ethical vegetarian. I conclude that the Moorean omnivore’s argument has potentially uncomfortable implications for all sides in debates about ethical vegetarianism, and illuminates important and neglected questions about the force of philosophical arguments in applied ethics. (shrink)

“I promise to mow your lawn, but I don’t know whether I will.” Call promises of this form, “Moorean”, based on their resemblance to Moore’s paradox. Moorean promises sound absurd. But why? In the literature on assertion, many have used Moore’s paradox to motivate a knowledge norm of assertion. I put forward an analogous norm on promising, according to which one should only make a promise if one knows one will fulfill it. A knowledge norm explains why (...) class='Hi'>Moorean promises are absurd; it accounts for a variety of linguistic data; and it sheds light on how promises generate obligations. (shrink)

This article addresses and resolves an epistemological puzzle that has attracted much attention in the recent literature—namely, the puzzle arising from Moorean anti-sceptical reasoning and the phenomenon of transmission failure. The paper argues that an appealing account of Moorean reasoning can be given by distinguishing carefully between two subtly different ways of thinking about justification and evidence. Once the respective distinctions are in place we have a simple and straightforward way to model both the Wrightean position of transmission (...) failure and the Moorean position of dogmatism. The approach developed in this article is, accordingly, ecumenical in that it allows us to embrace two positions that are widely considered to be incompatible. The paper further argues that the Moorean Puzzle can be resolved by noting the relevant distinctions and our insensitivity towards them: once we carefully tease apart the different senses of ‘justified’ and ‘evidence’ involved, the bewilderment caused by Moore’s anti-sceptical strategy subsides. (shrink)

G. E. Moore famously pointed out that all sincere assertions of the form ‘p, but I don’t believe that p’ are inherently absurd. John Turri strongly disagrees with the consensus evaluation of such assertions as inherently absurd and offers a counterexample according to which it is possible to say ‘Eliminativism is true, but of course I don’t believe it’s true’ sincerely and without any absurdity. I argue in this paper that Turri’s attempt misses the point entirely, for the most natural (...) interpretations of his counterexample are either absurd or do not represent genuinely Moorean assertions. The critical analysis of Turri’s counterexample will enable me to reach the general conclusion that precludes the possibility of omissive Moorean assertions that are inherently non-absurd, at least if we hold that our assertions ought to have some normative function. (shrink)

In this paper Timothy Williamson’s argument that the knowledge norm of assertion is the best explanation of the unassertability of Morrean sentences is challenged and an alternative account of the norm of assertion is defended.

In this paper, I defend Moorean Dogmatism against a novel objection raised by Adam Leite. Leite locates the defectiveness of the Moorean reasoning explicitly not in the failure of the Moorean argument to transmit warrant from its premises to its conclusion but rather in the failure of an epistemic agent to satisfy certain epistemic responsibilities that arise in the course of conscious and deliberate reasoning. I will first show that there exist cases of Moorean reasoning that (...) are not put into jeopardy by the considerations that Leite presents. Second, I will argue that certain commitments of Leite’s concerning the notion of warrant are in tension with his verdict that the Moorean reasoning is defective. (shrink)

Some metaphysicians believe that existence debates are easily resolved by trivial inferences from Moorean premises. This paper considers how the introduction of negative Moorean facts—negative existentials that command Moorean certainty—complicates this picture. In particular, it shows how such facts, when combined with certain plausible metaontological principles, generate a puzzle that commits the proponents of this method to a contradiction.

Objections to the orthodox doctrine of an eternal hell often rely on arguments that it cannot be a person’s own fault that she ends up in hell. The paper summarizes and addresses three significant arguments which aim to show that it could not be any individual’s fault that they end up in hell. I respond to these objections by showing that those who affirm a classical picture of sin have Moorean reasons to reject these objections. That classical perspective holds (...) that all (serious) sin involves choosing eternal destiny apart from God and that no sin could possibly be caused by God. Consequently, it is necessary for ending up in hell that someone commit a serious sin, and it is sufficient for ending up damned that one persists forever in sin. Since the objections conflict with Moorean commitments central to the classical perspective, those who hold to such a classical perspective on sin would have good reason to reject all these arguments, which involve assumptions that would entail that such a perspective is false. (shrink)

My focus will be on two questions about Moore’s justification to believe the premises and the conclusion of the argument above. At stake is what makes it possible for our experiences to justify our beliefs, and what makes it possible for us to be justified in disbelieving skeptical..

According to dogmatism, one may know a proposition by inferring it from a set of evidence even if one has no independent grounds for rejecting a skeptical hypothesis compatible with one’s evidence but incompatible with one’s conclusion. Despite its intuitive attractions, many philosophers have argued that dogmatism goes wrong because they have thought that it licenses Moorean reasoning — i.e., reasoning in which one uses the conclusion of an inference as a premise in an argument against a skeptical hypothesis (...) that would undermine that very inference. In this paper I defend dogmatism against this line of thought. To begin with, I argue that the common assumption that uncontroversial Bayesian principles suffice to show that Moorean reasoning is not cogent is false: for all that Bayesianism says on the matter, Moorean reasoning might be perfectly fine. Nevertheless, Moorean reasoning does seem intuitively defective. As I argue, however, this does not provide grounds for an argument against dogmatism, because — contrary to what many philosophers have thought — dogmatism need not license Moorean reasoning. On the contrary, as I argue, dogmatism predicts that Moorean reasoning suffers from a clearly identifiable defect. (shrink)

It has been argued that moral assertions involve the possession, on the part of the speaker, of appropriate non-cognitive attitudes. Thus, uttering ‘murder is wrong’ invites an inference that the speaker disapproves of murder. In this paper, we present the result of 4 empirical studies concerning this phenomenon. We assess the acceptability of constructions in which that inference is explicitly canceled, such as ‘murder is wrong but I don’t disapprove of it’; and we compare them to similar constructions involving ‘think’ (...) instead of ‘disapprove’—that is, Moore paradoxes (‘murder is wrong but I don’t think that it is wrong’). Our results indicate that the former type of constructions are largely infelicitous, although not as infelicitous as their Moorean counterparts. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content (...) of distributive justice so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

Claims are universal when they are not dependent on when and where they are made. Mathematics and the natural sciences are the typical disciplines that allow such claims to be made. Is the striving for universal claims in other disciplines justified? Those who attempt to answer this question in the affirmative often argue that it is justified when mathematics and the natural sciences are taken as the model for other disciplines. In this paper I challenge this position (...) and analyze the issue by looking at it from a new angle, a perspective that involves two key concepts: violence and loyalty. The result of this analysis throws light on the broader question concerning what the search for truth might mean in a pluralistic world. (shrink)

Contrastivism about reasons is the view that ‘reason’ expresses a relation with an argument place for a set of alternatives. This is in opposition to a more traditional theory on which reasons are reasons for things simpliciter. I argue that contrastivism provides a solution to a puzzle involving reason claims that explicitly employ ‘rather than’. Contrastivism solves the puzzle by allowing that some fact might be a reason for an action out of one set of alternatives without being a (...) reason for that action out of a different set of alternatives. (shrink)

Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows (...) from Gutmann and Thompson’s theory of deliberative democracy, I attempt to show that the theory of deliberative democracy does not do justice to legitimate claims of culture made by nonliberal minority cultural groups in the liberal West. As a result, I further argue that their deliberative democracy itself is inadequate for radically diverse societies in the West, some of whose members also belong to nonliberal minority cultural groups. (shrink)

Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its (...) level of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

I here settle a recent dispute between two rival theories in distributive ethics: Restricted Prioritarianism and the Competing Claims View. Both views mandate that the distribution of benefits and burdens between individuals should be justifiable to each affected party in a way that depends on the strength of each individual’s separately assessed claim to receive a benefit. However, they disagree about what elements constitute the strength of those individuals’ claims. According to restricted prioritarianism, the strength of a claim (...) is determined in ‘prioritarian’ fashion by both what she stands to gain and her absolute level of well-being, while, according to the competing claims view, the strength of a claim is also partly determined by her level of well-being relative to others with conflicting interests. I argue that, suitably modified, the competing claims view is more plausible than restricted prioritarianism. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...) our disposal – one that may lend our intuitions more credibility. (shrink)

Leibniz claimed that the universe, if God-created, would be physically and morally optimal in this conjoint sense: Of all possible worlds, it would be richest in phenomena, but its richness would arise from the simplest physical laws and conditions. This claim raises two difficult questions. First, why would this “richest/simplest” world be morally optimal? Second, what is the optimal balance between these competing criteria? The latter question is especially hard to answer in the context of a multiverse or multi-domain universe. (...) Leibniz focused on goodness as God’s motive in creation. “This is the cause of the existence of the best: that his wisdom makes it known to God, his goodness makes him choose it, and his power lets him produce it.” This article suggests that love is God’s motive. Since love entails acting to both benefit and be with the beloved, limitless love would entail God’s becoming as much unified reality as possible. The physical laws that govern the universe and its vast richness of phenomena appear to be those that we should expect if this claim is true and there are ways of testing the closeness of this fit. The claim that God has become the world (pandeism) also offers a satisfying resolution to the problem of evil. (shrink)

Particular persons have claims against being made worse off than they could have been. The literature, however, has focused primarily on only two-option cases; yet, these cases fail to capture all of the morally relevant factors, especially when a person’s existence is in question. This paper explores how to assess claims in multiple-option choice sets. We scrutinize the only extant proposal, offered by Michael Otsuka, which we call the Weakening View. In light of its problems, we develop an (...) alternative: the Combining View. The Weakening View holds that a person’s claim against a loss of well-being relative to one distribution is weakened by the availability of further alternatives relative to which the person gains well-being. By contrast, our view holds that a person has an overall claim for or against a certain distribution relative to the whole option set, where overall claims are second-order functions of the different pairwise claims. Finally, we defend the Combining View by exploring its implications for the impact of a person’s possible non-existence on their overall claims, and we develop a proposal for how the number of distributions relative to which a person gains or loses welfare influences the strength of their overall claims. (shrink)

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...) a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the (...) normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering the (...) resource as common heritage of humankind. (shrink)

Recently, researchers and reporters have made a wide range of claims about the distribution, nature, and societal impact of political polarization. Here I offer reasons to believe that, even when they are correct and prima facie merely descriptive, many of these claims have the highly negative side effect of increasing political polarization. This is because of the interplay of two factors that have so far been neglected in the work on political polarization, namely that (1) people have a (...) tendency to conform to descriptive norms (i.e., norms capturing (perceptions of) what others commonly do, think, or feel), and (2) claims about political polarization often convey such norms. Many of these claims thus incline people to behave, cognize, and be affectively disposed in ways that contribute to social division. But there is a silver lining. People’s tendency to conform to descriptive norms also provides the basis for developing new, experimentally testable strategies for counteracting political polarization. I outline three. (shrink)

Plakias has recently argued that there is nothing wrong with publishing defences of philosophical claims which we don't believe and also nothing wrong with concealing our lack of belief, because an author's lack of belief is irrelevant to the merit of a published work. Fleisher has refined this account by limiting the permissibility of publishing without belief to what he calls ‘advocacy role cases’. I argue that such lack of belief is irrelevant only if it is the result of (...) an inexplicable incredulity or the result of a metaphilosophical or epistemic stance that is unrelated to the specific claim. However, in many real-life cases, including Fleisher's advocacy role cases, our doubts regarding the claims we defend arise from reasons that have something to do with the insufficiency of the philosophical evidence supporting the claim, and publishing an unconditional defence of a claim without revealing our doubts is impermissible as it involves withholding philosophically relevant reasons. Plakias has also argued that discouraging philosophers from publishing claims they don't believe would be unfair to junior philosophers with unsettled views. I propose that we should change our academic practices that pressure philosophers to publish articles that pretend to be defences of settled views. (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing why the (...) situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, (...) although the selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

Marya Schechtman has raised a series of worries for the Psychological Continuity Theory of personal identity (PCT) stemming out of what Derek Parfit called the ‘Extreme Claim’. This is roughly the claim that theories like it are unable to explain the importance we attach to personal identity. In her recent Staying Alive (2014), she presents further arguments related to this and sets out a new narrative theory, the Person Life View (PLV), which she sees as solving the problems as well (...) as bringing other advantages over the PCT. I look over some of her earlier arguments and responses to them as a way in to the new issues and theory. I argue that the problems for the PCT and advantages that the PLV brings are all merely apparent, and present no reason for giving up the former for the latter. (shrink)

In this work, we consider the problem of the approximate hedging of a contingent claim in the minimum mean square deviation criterion. A theorem on martingaỉe representation in the case of discrete time and an application of obtained result for semi-continous market model are given.