Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...) question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

Is there a reason to prevent deontological wrongdoing—an action that is wrong due to the violation of a decisive deontological constraint? This question is perplexing. On the one hand, the intuitive response seems to be positive, both when the question is considered in the abstract and when it is considered with regard to paradigmatic cases of deontological wrongdoing such as Bridge and Transplant. On the other hand, common theoretical accounts of deontological wrongdoing do not entail this answer, since not preventing (...) wrongdoing does not necessarily amount to doing harm or intending harm, for example. The puzzle is reinforced due to the fact that the intuitive response to other cases seems to be different, namely that there is no reason in favour of preventing deontological wrongdoing. This question is thus interesting in itself. It might also shed light on additional questions such as the “paradox of deontology” and the appropriate response to wrongful actions more generally. Yet, despite its importance, this question is typically overlooked. The paper explores this question. (shrink)

The article explores the interaction of two, potentially clashing, considerations, each reflecting a different conception of fairness concerning the resolution of interpersonal conflicts. According to the Equal Chance Principle, the harm for each person should be minimized in a significant and (roughly) equal degree; when this is impossible, each person should be accorded the highest possible equal chance to avoid the harm. According to the Importance Principle, the danger to the person who would otherwise suffer the more serious harm should (...) be prevented. (shrink)

In several papers, I have argued for a theory of distributive justice and considered its implications. This theory includes a principle of responsibility that was endorsed by others within an account of defensive force (self-defense and defense of others). Whitley Kaufman criticizes this account which he refers to as the "distributive justice theory of self-defense" (DJ theory). In this paper, I respond to this criticism. I argue that Kaufman presents the theory inaccurately, that his standard of evaluation of the theory (...) is inadequate and that his claim that the theory should be rejected is unconvincing. (shrink)

The developments along the Mekong River, including in Cambodia, have boomed. There were 755 dams. Of these, 537 have been completed, and 152 have been planned or proposed. Of these, 52 were under construction, and 14 have been canceled or suspended. Of these dams, 392 were hydropower, 337 were irrigation, and 26 were other types (CGIAR, 2015). Even though some officials saw economic development as a result of the hydropower dam, the negative impacts of hydropower dams were seen by many (...) local experts and NGOs. The negative impacts include reduced fishing stocks and exacerbated socio-economic issues (Asia and the Pacific Policy Society, 2022). Experts have conducted some research on ecosystems and livelihoods, but there has been a lack of studies conducted by local communities to investigate their cross-border impacts as a result of the hydropower dam, despite the fact that local communities have been facing issues as a result of the Mekong Development. The community research protocol was developed to improve local communities' understanding of their local contexts and their confidence in negotiating with decision-makers and policymakers to address and respond to their needs and the findings of studies on local planning for sustainable community development. The paper aims to guide community leaders and staff in conducting community research on transboundary impacts on fisheries resources, ecosystems, and the livelihoods of local communities using their knowledge. (shrink)

At the most general level, "manipulation" refers one of many ways of influencing behavior, along with (but to be distinguished from) other such ways, such as coercion and rational persuasion. Like these other ways of influencing behavior, manipulation is of crucial importance in various ethical contexts. First, there are important questions concerning the moral status of manipulation itself; manipulation seems to be mor- ally problematic in ways in which (say) rational persuasion does not. Why is this so? Furthermore, the notion (...) of manipulation has played an increasingly central role in debates about free will and moral responsibility. Despite its significance in these (and other) contexts, however, the notion of manipulation itself remains deeply vexed. I would say notoriously vexed, but in fact direct philosophical treatments of the notion of manipulation are few and far between, and those that do exist are nota- ble for the sometimes widely divergent conclusions they reach concerning what it is. I begin by addressing (though certainly not resolving) the conceptual issue of how to distinguish manipulation from other ways of influencing behavior. Along the way, I also briefly address the (intimately related) question of the moral status of manipulation: what, if anything, makes it morally problematic? Then I discuss the controversial ways in which the notion of manipulation has been employed in contemporary debates about free will and moral responsibility. (shrink)

According to Grice's “Modified Occam's Razor”, in case of uncertainty between the implicature account and the polysemy account of word uses it is parsimonious to opt for the former. However, it is widely agreed that uses can be partially conventionalised by repetition. This fact, I argue, raises a serious problem for MOR as a methodological principle, but also for the substantial notion of implicature in lexical pragmatics. In order to overcome these problems, I propose to reinterpret implicatures in terms of (...) implicature-like effects delivered by non-inferential processes. (shrink)

Motivational internalism postulates a necessary connection between moral judgments and motivation. In arguing for and against internalism, metaethicists traditionally appeal to intuitions about cases, but crucial cases often yield conflicting intuitions. One way to try to make progress, possibly uncovering theoretical bias and revealing whether people have conceptions of moral judgments required for noncognitivist accounts of moral disagreement, is to investigate non-philosophers' willingness to attribute moral judgments. A pioneering study by Shaun Nichols seemed to undermine internalism, as a large majority (...) of subjects were willing to attribute moral understanding to an agent lacking moral motivation. However, our attempts to replicate this study yielded quite different results, and we identified a number of problems with Nichols' experimental paradigm. The results from a series of surveys designed to rule out these problems show that people are more willing to attribute moral understanding than mor.. (shrink)

In this paper I provide an exposition and critique of Johnson and Noorman’s (2014) three conceptualizations of the agential roles artificial systems can play. I argue that two of these conceptions are unproblematic: that of causally efficacious agency and “acting for” or surrogate agency. Their third conception, that of “autonomous agency,” however, is one I have reservations about. The authors point out that there are two ways in which the term “autonomy” can be used: there is, firstly, the engineering sense (...) of the term, which simply refers to the ability of some system to act independently of substantive human control. Secondly, there is the moral sense of the term, which has traditionally grounded many notions of human mor-al responsibility. I argue that the continued usage of “autonomy” in discussions of artificial agency complicates matters unnecessarily. This occurs in two ways: firstly, the condition of autonomy, even in its engineering sense, fails to accurately describe the way “autonomous” systems are developed in practice. Secondly, the continued usage of autonomy in the moral sense introduces unnecessary meta-physical baggage form the free will debate into discussions about moral agency. In order to understand the debate surrounding autonomy, we would therefore first need to settle many seemingly intractable metaphysical questions regarding the existence of free will in human beings. (shrink)

Introduction: Prinz’s SentimentalismMany ethicists claim that one cannot derive an ought from an is. In others words, they think that one cannot derive a statement that has prescriptive force from purely descriptive statements. This thesis plays a crucial role in many theoretical and practical ethical arguments. Since, according to many, David Hume advocated a view along these lines, this thesis has been called ‘Hume’s Law’. In this paper, I adopt this widespread terminology, whether or not Hume did indeed take this (...) position. There are some notable exceptions among philosophers, such as John SearleSee John R. Searle, “How to Derive “Ought” from “Is”,” Philosophical Review, Vol. 73, No. 1, (1964), pp. 43–58. and Arthur Prior,See Arthur N. Prior, “The Autonomy of Ethics,” Australasian Journal of Philosophy, Vol. 38, No. 3, (1960), pp. 199–206. but most philosophers have embraced Hume’s Law. Recently, however, Hume’s Law has come under attack. In his book The Emotional Construction of Mor. (shrink)

‘Transcendence’ has been a key subject of Western philosophy of religion and history of ideas. The meaning of transcendence, however, has changed over time. The article looks at some perspectives o ered by the nineteenth and the twentieth century Anglo‐American and con‐ tinental European philosophers of religion and presents their views in relation to the concept of transcendence formulated by the Bengali Hindu traditionalist Bhaktisiddhanta Sarasvati (1874–1937). The questions raised are what transcendence in the philosophy of religion is, how one (...) can speak of it, and what its goal is. The paper points to parallels and di erences in epistemology, ontology and practice. One di erence is that the nineteenth and the twentieth century Western philosophy of religion tended to assume an ontological di erence between self and transcendence inherited om personalities such as Søren Kierkegaard, but also to explore the concept of transcendence beyond the idea of a metaphysical God. Bhaktisiddhanta, whose foundational thought mirrors medieval Hindu philosophy of religion and the theistic schools of Vedānta, suggests that transcendence has a metaphysical and personal dimension that is to some degree ontologically similar to and directly knowable by the self. Bhaktisid‐ dhanta’s approach to transcendence di ers om Kierkegaard’s and other Western philosophers’ and revolves around the idea of God as a transcendent person that can be directly known mor‐ phologically and ontologically through devotion. The article is a contribution to the history of ideas and the philosophy of religion in Eurasia and beyond. (shrink)