Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of (...) using the procedure. So, for example, defenders of benefit/cost analysis (BCA) are frequently tempted to argue that this procedurejust isthe calculation of moral Tightness – perhaps that what itmeansfor an action to be morally right is just for it to have the best benefit-to-cost ratio given the accounts of “benefit” and “cost” that BCA employs. They suggest, in defense of BCA, that they have found the moral calculus – Bentham's “unabashed arithmetic of morals.” To defend BCA in this manner is to commit oneself to one member of a family of moral theories (let us call thembenefit/cost moral theoriesorB/C moral theories) and, also, to the view that if a procedure is (so to speak) the direct implementation of a correct moral theory, then it is a justified procedure. Neither of these commitments is desirable, and so the temptation to justify BCA by direct appeal to a B/C moral theory should be resisted; it constitutes an unwarranted short cut to moral foundations – in this case, an unsound foundation. Critics of BCA are quick to point out the flaws of B/C moral theories, and to conclude that these undermine the justification of BCA. But the failure to justify BCA by a direct appeal to B/C moral theory does not show that the technique is unjustified. There is hope for BCA, even if it does not lie with B/C moral theory. (shrink)

While Kant’s claim that the moral law discloses our freedom to us has been extensively discussed in recent decades, the reactions to this claim among Kant’s immediate successors have gone largely overlooked by scholars. Reinhold, Creuzer, and Maimon were among three prominent thinkers of the era unwilling to follow Kant in making the moral law the condition for knowing our freedom. Maimon went so far as to reject Kant’s method of appealing to our everyday awareness of duty on (...) the grounds that common human understanding is susceptible to error and illusion. In this paper I shall examine how these skeptical reactions to Kant’s position shaped the background for Fichte’s method of moral justification, leading up to his own deduction of the moral law in the System of Ethics. By way of conclusion, I shall propose a new interpretation of how consciousness of the moral law serves as an entry-point to Fichte’s form of idealism. (shrink)

I want to examine critically a certain strategy of moral justification which I shall call instrumentalism. By this I mean the view that a moral theory is rationally justified if the actions, life-plan, or set of social arrangements it prescribes can be shown to be the best means to the achievement of an agent's final ends, whatever these may be. Instrumentalism presupposes a commitment to what I shall call the Humean conception of the self. By this I (...) mean a certain way of conceiving the motivational and structural constituents of the self. Briefly, the self on this conception is motivated by its desires for states of affairs that are temporally or spatiotemporally external to the self. And it is structured by the normative requirements of instrumental rationality: The self is conceived as rationally coherent to the extent that theoretical reason calculates and schedules the satisfaction of as many of its desires as possible, with the minimum necessary costs. The motivational and structural elements of the Humean conception of the self combine to form a familiar explanatory model of human agency: We make sense of an agent's behavior by ascribing to her the desire to achieve the ends that she does in fact achieve, and the theoretically rational belief that, given the information and resources available to her, behaving as she did was the most efficient way to do so. I shall want to argue that to the extent that instrumentalism is successful in providing an objective justification of a moral theory - and I shall contend that it cannot be completely successful - it cannot provide a moral justification. But when we attempt to modify it so as to produce a specifically moral justification, we see that either it is impossible to do this, or else the Humean notion of instrumental rationality is doing no justificatory work. (shrink)

Does evolutionary theory have the potential to undermine morality? In his book The Evolution of Morality, Richard Joyce (2006) argues for a positive answer. He contends that an evolutionary account of morality would undermine moral judgements and lend support to moral scepticism. I offer a critique of Joyce’s argument. As it turns out, his case can be read in two different ways. It could be construed as an argument to establish a general scepticism about the justification of (...) moral judgements. Or it could be read as an argument that targets only a particular meta-ethical position, namely moral realism. My claim is that it fails on both interpretations. There is no reason to believe that evolutionary considerations undermine morality. (shrink)

This dissertation aims to look at the moral justification for war in a critical way so that we can better understand both the justice and morality of war. In contrast to natural disasters, war has historically been viewed as an extreme manifestation of human social failure. The vast majority of theorists who address the morality of war do so within the moral framework established by Just War Theory; a normative account of war that dates all the way (...) back to the Western Philosophical Tradition over 1500 years. Recent events in the conduct of wars around the world, however, have called into question the just war theory's relevance and applicability to contemporary wars. For instance, morality and virtue have had no place in society during recent wars. This work will examine several major theorists in the history of Western Just War Theory (St Thomas Aquinas and Augustine), demonstrating that the forefathers of Just War Theory did regard moral virtues and ethical principles as central to the morality of war. I will critically examine the concept of a just war through a discussion of various formulations of the realist and pacifist positions and argue that, while the just war tradition offers a reasonable alternative to either of these extremes, its glaring shortcomings (the theory's inability to address the rise of non-state actors such as al-Qaeda, the increasing availability of weapons of mass destruction, etc) should not be overlooked. Finally, I will argue that the theory of just war is obsolete, impractical, unrealistic, and flawed in the modern era, particularly if one wishes to maintain a moral constraint on war. (shrink)

The paper focuses on John Rawls’ theory of political obligation. Rawls bases political obligation on our natural duties of justice, which are mediated to us by our sense of justice. Therefore the justification of political obligation also requires moral justification: the justification of the principles of justice. In the paper I first investigate that part of Rawls’ argument that has the role of justification: the method of reflective equilibrium. This method raises several problems, the most (...) severe of which is that it neglects the fact of pluralism. The second part of the paper deals with this problem. I analyse how Rawls’ theory and his method of justification has changed as a result of taking into account the fact of pluralism. Finally, building on the demands of pluralism and the shortcomings of the Rawlsian answer, I present a possible theory of political obligation. This theory is grounded in the interpretation of the community’s political culture while fitting it into a discourse-based theoretical framework. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic (...) compensation and non-apologetic compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

In recent years, philosopher Jeff McMahan has solidified an influential view that moral desert is irrelevant to the ethics of self-defense. This work aims to criticize this view by demonstrating that there are cases in which moral desert has a niche position in determining whether it may be permissible to kill a person in self- (or other-)defense. This is done by criticizing McMahan’s Responsibility Account of liability as being overly punitive against minimally responsible threateners (MRTs), and by demonstrating, (...) through reference to Saba Bazargan’s Hybrid Account of liability to defensive harm, that further justification than mere liability is necessary in the justification of killing these kinds of threateners. It is also argued that other kinds of justifications like lesser-evil justifications are not necessarily strong enough to justify killing MRTs, even on top of established liability. This paper puts forward the view that, where a strong enough moral difference between threatener and innocent victim cannot be established, a justification on the basis of the implications of prior moral acts might, on some occasions, give us reasons to kill or not kill MRTs in self-defense. (shrink)

In his influential book, The Nature of Morality, Gilbert Harman writes: “In explaining the observations that support a physical theory, scientists typically appeal to mathematical principles. On the other hand, one never seems to need to appeal in this way to moral principles.” What is the epistemological relevance of this contrast, if genuine? This chapter argues that ethicists and philosophers of mathematics have misunderstood it. They have confused what the chapter calls the justificatory challenge for realism about an area, (...) D—the challenge to justify our D-beliefs—with the reliability challenge for D-realism—the challenge to explain the reliability of our D-beliefs. Harman’s contrast is relevant to the first, but not, evidently, to the second. One upshot of the discussion is that genealogical debunking arguments are fallacious. Another is that indispensability considerations cannot answer the Benacerraf–Field challenge for mathematical realism. (shrink)

D. Justin Coates argues that, in ‘Freedom and Resentment’, P. F. Strawson develops a modest transcendental argument for the legitimacy of our moral responsibility practices. I disagree with Coates’ claim that Strawson’s argument provides a justification, in Wittgenstein’s and/or Strawson’s sense of that term, of our responsibility practices. I argue that my interpretation of Strawson solves some difficulties with Coates’ argument, while retaining its advantages.

This paper explores how the three most common ethical theories, utilitarianism, deontology (specifically Kantianism), and Aristotelian virtue ethics seem to fail to adequately account for what justifies the obligations that our moral judgments hold on us, and where these moral judgements arise. This is because it appears that each of the three theories seems to be a different justification for the narcissistic pursuit of one’s own individual comfort, meaning that, people only act in a way that gives (...) them the most comfort and one’s moral judgements and actions are dictated by what an individual in comfortable with. This comfort is not fully individualized, though, in that is also contains a societal component that relates to one’s desire to not be ostracized. Thus, moral judgments are nothing more than one’s unrelentless pursuit of comfort. (shrink)

I reconstruct J. H. Lambert’s views on how practical grounds relate to epistemic features, such as certainty. I argue, first, that Lambert’s account of moral certainty does not involve any distinctively practical influence on theoretical belief. However, it does present an interesting form of fallibilism about justification as well as a denial of a tight link between knowledge and action. Second, I argue that for Lambert, the persistence principle that underwrites induction is supported by practical reasons to believe; (...) this indicates that Lambert is a moderate pragmatist about reasons for theoretical belief. (shrink)

In this dissertation I discuss the epistemology of ethical intuitionism, in particular the claim that mature moral agents possess self-evident moral knowledge. Traditional intuitionists such as W.D. Ross have claimed that by reflection, we can acquire knowledge of our basic moral duties such as the duty of veracity or benevolence. Recent defenders of intuitionism such as Robert Audi have further developed this theory and argued that adequate understanding can be sufficient for moral knowledge. I criticize this (...) view and argue that such accounts fail to make a convincing case for a foundationalist moral epistemology. Instead, I propose to separate the question of how we acquire moral knowledge from an account that justifies moral beliefs. In response to the first issue, I draw an analogy between our moral intuitions and chosmkian linguistics; in both areas, I argue, human beings possess a universal, unconscious and (partly) inaccessible system of rules that explains how we come to learn language and to make moral judgments. In regards to the justificatory issue, I address recent evolutionary debunking arguments designed to undermine the claim that our moral judgments track stance-independent truths. I try to show that this conclusion only follows under the assumption of an instrumentalist interpretation of moral reasoning which the intuitionist is not forced to accept. (shrink)

In this paper I will discuss the problem of justification in moral particularism. The first part is concerned with Jonathan Dancy’s account of justification, which is a narrative one. To justify one’s choice is to present a persuasive description of the context in a narrative fashion, not to subordinate singular cases to universal rules. Since it dismisses arguments and employs persuasiveness, this view seems irrational, so the second part of my paper will consist of a personal reconstruction (...) and reformulation of Dancy’s account that will aim at defending particularist justification from being labeled as “irrational”. (shrink)

Harry Chalmers argues that monogamy involves restricting one’s partner’s access to goods in a morally troubling way that is analogous to an agreement between partners to have no additional friends. Chalmers finds the traditional defenses of monogamy wanting, since they would also justify a friendship-restricting agreement. I show why three traditional defenses of monogamy hold up quite well and why they don’t, for the most part, also justify friendship-restricting agreements. In many cases, monogamy can be justified on grounds of practicality, (...) specialness, or jealousy. (shrink)

In Fallibilism: Evidence and Knowledge, Jessica Brown identifies a number of problems for the so-called knowledge view of justification. According to this view, we cannot justifiably believe what we do not know. Most epistemologists reject this view on the grounds that false beliefs can be justified if, say, supported by the evidence or produced by reliable processes. We think this is a mistake and that many epistemologists are classifying beliefs as justified because they have properties that indicate that something (...) should be excused. Brown thinks that previous attempts to make this case have been unsuccessful. While the difficulties Brown points to are genuine, I think they show that attempts to explain a classificatory judgment haven't been successful. Still, I would argue that the classification is correct. We need a better explanation of this classificatory judgment. I will try to clarify the justification-excuse distinction and explain why it's a mistake to insist that beliefs that violate epistemic norms might be justified. Just as it's possible for a rational agent to act without justification in spite of her best intentions, it's possible that a rational thinker who follows the evidence and meets our expectations might nevertheless believe without sufficient justification. If our justified beliefs are supposed to guide us in deciding what to do, we probably should draw on discussions from morality and the law about the justification/excuse distinction to inform our understanding of the epistemic case. (shrink)

This paper concerns the epistemology of difficult moral cases where the difficulty is not traceable to ignorance about non-moral matters. The paper first argues for a principle concerning the epistemic status of moral beliefs about difficult moral cases. The basic idea behind the principle is that one’s belief about the moral status of a potential action in a difficult moral case is not justified unless one has some appreciation of what the relevant moral (...) considerations are and how they bear on the moral status of the potential action. The paper then argues that this principle has important ramifications for moral epistemology and moral metaphysics. It puts pressure on some views of the justification of moral belief, such as ethical intuitionism and reliabilism. It puts pressure on some antirealist views of moral metaphysics, including simple versions of relativism. It also provides some direct positive support for broadly realist views of morality. (shrink)

Moral dilemmas can arise from uncertainty, including uncertainty of the real values involved. One interesting example of this is that of experimentation on human embryos and foetuses, If these have a moral stauts similar to that of human persons then there will be server constraitns on what may be done to them. If embryous have a moral status similar to that of other small clusters of cells, then constraints will be motivated largely by consideration for the persons (...) into whom the embryos may develop. If the truth lies somewhere between these two extremes, the embryo having neither the full moral weight of persons, nor a completely negligible moral weight, then different kinds of constraints will be appropriate. On the face of it, in order to know what kinds of experiements, if any, we are morally justified in performing on embryos we have to know what the moral weight of the embryo is. But then an impasse threatens, for it seems implausible that we can settle with certainty the exact moral status of the human embryo. It is the purpose of this paper to show that moral uncertainty need not make rational moral justification impossible. I develop a framework which distinguishes between what is morally right/wrong, and what is morally justified/unjustified, and applies standard decision theoretic tools to the case of moral uncertainties. (This was the first published account of what has subsequently become known as Expected Moral Value Theory. An earlier version of the paper, "A decision theoretic argument against human embryo experimentation", was published in M. Fricke (ed.), Essays in honor of Bob Durrant. (University of Otago Press, 1986) 111-27.). (shrink)

Ethicists of care have objected to traditional moral philosophy's reliance upon abstract universal principles. They claim that the use of abstraction renders traditional theories incapable of capturing morally relevant, particular features of situations. I argue that this objection sometimes conflates two different levels of moral thinking: the level of justification and the level of deliberation. Specifically, I claim that abstraction or attention to context at the level of justification does not entail, as some critics seem to (...) think, a commitment to abstraction or attention to context at the level of deliberation. It follows that critics who reject a theory's use of abstraction at the level of justification have not shown that the theory recommends abstraction at the level of deliberation and that it, therefore, compels the deliberating agent to overlook morally salient details. (shrink)

In decision-making based on multiple criteria, situations may arise where agents find their options to be neither better than, worse than nor equal to each other with respect to the relevant criteria. How, if at all, can a justified choice be made between such options? Are the options incomparable? This article explores a hypothetical case that illustrates how such a situation can arise in an environmental context; more specifically, it considers the deliberations of an imagined 'ethics committee' as it struggles (...) to decide whether or not a deep-sea mining project should be allowed to proceed. I argue that the case is best understood as involving options that are comparable in the sense of being 'on a par'. Working out from a discussion of Ruth Chang's 'self-governance' theory of choice in cases of parity, I suggest that, in the environmental context, the idea of choices expressing a moral identity may lead us in the direction of a plausible solution to these particularly challenging cases. (shrink)

Moral skeptics maintain that we do not have moral knowledge. Traditionally they haven’t argued via skeptical hypotheses like those provided by perceptual skeptics about the external world, such as Descartes’ deceiving demon. But some believe this can be done by appealing to hypotheses like moral nihilism. Moreover, some claim that skeptical hypotheses have special force in the moral case. But I argue that skeptics have failed to specify an adequate skeptical scenario, which reveals a general lesson: (...) such arguments are not a promising avenue for moral skeptics to take. They’re ultimately weaker when applied to morality compared to perception. (shrink)

A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that (...) these attitudes are so deep a part of us that we are unable to rationally reject them. I examine and reject this defence of the principle. Considering the nature of our commitment to the moral reactive attitudes, I argue that those attitudes need not be grounded in a commitment to public justification. The availability of alternative grounds for these attitudes shows, contra Gaus, that we can rationally reject the principle of public justification while maintaining a wholehearted commitment to the reactive attitudes. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the (...) separateness of persons (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

This paper begins by affirming the view that if there is a debate to be had over whether literature can convey moral knowledge, then efforts by proponents to substantiate this claim will already be necessarily conditioned by an understanding of what morality consists in, independently of literature. This observation brings to light a certain danger for the debate, namely that if participants fail to explicitly specify the ethical theory that they rely on, then the debate can seem nebulous. This (...) raises a new question: is there an account of morality, independent of literature, which is most conducive to literary moral cognitivism, that is, which optimises literary moral cognitivism's chances of succeeding philosophically? This paper both formulates and investigates this hypothesis with reference to moral pluralism, the view that there is an irreducible plurality of foundational moral principles. It concludes that such an affinity exists, but with an important caveat: the affinity is stronger at the level of moral suggestion than the level of moral justification. This has implications for the strength of the version of literary moral cognitivism that it is ultimately plausible to endorse from a moral pluralist point of view. (shrink)

Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people (...) when it builds ψ. I argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

I criticize the following three arguments for moral objectivism. 1. Since we assess moral statements, we can arrive at some moral truths (Thomson, 2006). 2. One culture can be closer to truths than another in moral matters because the former can be closer to truths than the latter in scientific matters (Pojman, 2008). 3. A moral judgment is shown to be true when it is backed up by reason (Rachels and Rachels, 2010). Finally, I construct (...) a dilemma against the view that there are moral truths and we can move toward them. (shrink)

Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it is not up to trial courts to decide ex (...) post facto what conduct is justified and what is not. This determination is made ex ante by other institutional actors such as private fiduciaries, public officials, and sometimes, ordinary citizens caught in extraordinary circumstances. The court’s role is simply to review the validity of that prior exercise of decision-making discretion. More broadly, my study is intended to serve as a reminder of the importance of institutional structure in criminal law. It is almost always misleading to address issues in criminal law by way of abstract moral theorizing, as is often done, because this leaves out the crucial question of institutional division of labor. Before addressing the substantive aspect of particular questions—what conduct should be prohibited, justified, or excused—we must first address ourselves to the institutional questions that I have called the problems of authority, discretion, and legality. These institutional questions receive their most thorough treatment in two other areas of law: the private law of fiduciaries and public administrative law. If we wish to make progress in understanding justification defenses—and the institutional structure of criminal law more generally—I argue that it is to these areas of law that we should attend. (shrink)

The ability of a group of adults with high functioning autism (HFA) or Asperger Syndrome (AS) to distinguish moral, conventional and disgust transgressions was investigated using a set of six transgression scenarios, each of which was followed by questions about permissibility, seriousness, authority contingency and justification. The results showed that although individuals with HFA or AS (HFA/AS) were able to distinguish affect-backed norms from conventional affect-neutral norms along the dimensions of permissibility, seriousness and authority-dependence, they failed to distinguish (...) moral and disgust transgressions along the seriousness dimension and were unable to provide appropriate welfare-based moral justifications. Moreover, they judged conventional and disgust transgressions to be more serious than did the comparison group, and the correlation analysis revealed that the seriousness rating was related to their ToM impairment. We concluded that difficulties providing appropriate moral justifications and evaluating the seriousness of transgressions in individuals with HFA/AS may be explained by an impaired cognitive appraisal system that, while responsive to rule violations, fails to use relevant information about the agent’s intentions and the affective impact of the action outcome in conscious moral reasoning. (shrink)

Economic sanctions are envisaged as a sort of punishment, based on what should be an institutional decision not unlike a court ruling. Hence, the conditions for their lifting should be clearly stated and once those are met sanctions should be lifted. But this is generally not what happens, and perhaps is precluded by the very nature of international sanctioning. Sanctions clearly have political, economic, military and strategic consequences, but the question raised here is whether sanctions can also have moral (...) justification. Illustrated by the example of international sanctions against Yugoslavia, the authors show how the process of escalating demands on a target country, inherent to the very process of sanctioning, can lead ultimately even to overt aggression. As a result of this logic of escalation, economic sanctions cannot be articulated properly in any law-like system. Economic sanctions have much more in common with war than legal punishment, and in fact represent a form of siege. As such, they cannot be ended simply on the basis of their initial rationale, for the very process of sanctions implementation opens up possibilities for setting new goals and a continuous redefinition of the goal that sanctions are seen to have. (shrink)

A basic conviction in moral non-cognitivism is: only hypothetical norms may be justified. Hartmut Kliemt argues for a moderate variant: there are only hypothetical justifications of norms whether the norms are hypothetical or categorical in kind. In this paper the con- cept of ‘hypothetical justification’ is analyzed. It is argued that hypothetical justifications are not of the kind that we should look for in normative ethics.

Pacifism is the view that necessarily, the nonconsensual harming of pro tanto rights-bearers is all-things-considered morally impermissible. Critics of pacifism frequently point to common moral intuitions about self-defenders and other-defenders as evidence that pacifism is false and that self- and other-defense are often morally justified. I call this the Justification View and defend its rival, the Excuse View. According to the latter, a robust view of moral excuse adequately explains the common moral intuitions invoked against pacifism (...) and is compatible with pacifism. The paper proceeds in five steps. First, I identify ten intuitive data points that require explanation. Second, I introduce the justification/excuse distinction. Third, I demonstrate the Excuse View’s equal explanatory power with respect to the intuitive data. Fourth, I defend the Fair Use Principle: When evaluating the plausibility of rival theories J and E, the use of datum d’s full intuitive force against E and for J is epistemically permissible only if (i) d is better explained by J than E and (ii) no intuitive components of d are equally well-explained by E. Finally, I conclude that the conjunction of pacifism and the Excuse View renders the intuitive defense of the Justification View largely moot, and that this is a substantial victory for pacifism. (shrink)

This paper defends pro-realism, the view that it is better if moral realism is true rather than any of its rivals. After offering an account of philosophical angst, I make three general arguments. The first targets nihilism: in securing the possibility of moral justification and vindication in objecting to certain harms, moral realism secures something that is non-morally valuable and even essential to the meaning and intelligibility of our lives. The second argument targets antirealism: moral (...) realism secures a desirable independence for moral justification that is qualitatively different from the anti-realistic construal of independence that is only explicable in terms of degrees of distance from our subjective responses and attitudes. Finally, I argue that while the pan-expressivist semantic program of quasi-realism has significant effects on what can be appropriately said in meta-ethical discourse, it provides no comfort to the pro-realist who is already angsty about anti-realism. (shrink)

Uniformity in human actions and attitudes incumbent with the ceteris paribus clause of folk psychology lucidly transits moral thoughts into the domain of subject versus object-centric explorations. In Zettel, Wittgenstein argues, “Concepts with fixed limits would demand uniformity of behaviour, but where I am certain, someone else is uncertain. And that is the fact of nature.” (Wittgenstein 2007, 68). Reflecting on the moral principle of “ethical giving” revives a novel stance in modern moral philosophy. An “ethical giving” (...) is a moral position that looks at giving from the context of harmonizing the changing demands of situations with normative ethical principles. Despite giving more prominence to the query of intuition, the chapter brings up the justification of normative moral principles pertaining to their applications and purports. Human activities aimed at decision-making goals conducted by the moral compass are nothing but the sanction of certain ethical norms and rules. In this context, two principles, the normative aspect and the perspective aspect need to be expounded in parallel. The perspective-based principle seeks practical guides to action, whereas the normative aspect principle looks for the concrete moral justification behind it. Normatively based moral decisions hinge on the probabilities and interests of agents that can sometimes lead towards a better choice. Thomas Nagel’s thought sounds more appealing, since his idea of practical conflict bends towards “...conflict between values which are incomparable for reasons apart from uncertainty about the facts.” (Nagel 2013, 128). Positions on moral personality and equality of justice collide with the conception of verities of the agents’ reason that cogitate a minimal aspect on the morally significant properties (range properties), which can hardly be possessed by all human beings equally. This argument sounds reasonable in light of Singer’s thought of “the principle of equal consideration of interests.” (Singer 2003, 21–22) The concern of this section is deliberative about how an agent could balance the demand of moral situations and the spirit of the moral principle devoid of being close to the relative truth. The conception of the moral decision remains capricious in line with the agent’s mood, time, and situation. The germane queries are: (a) How could one get the simpliciter of moral balance in “ethical giving” or offering help to the poor, orphans, and so on, who need helps from the agents and society? (b) Can we find any universalized principle in defense of ethical giving? (shrink)

Many of us care about the existence of ethical facts because they appear crucial to making sense of our practical lives. On one tempting line of thought, this idea can also play a central role in justifying our belief in those facts. David Enoch has developed this thought into a formidable new proposal in moral epistemology: that the deliberative indispensability of ethical facts gives us epistemic justification for believing in such facts. This chapter argues that Enoch’s proposal fails (...) because it conflicts with a central fact about epistemic justification: that the norms of epistemic justification have the content that they do in part because of some positive connection between those norms and the truth of the beliefs that these norms govern. Alternatives to Enoch’s attempt to defend the idea that deliberative indispensability confers epistemic justification fail for parallel reasons. The chapter concludes that deliberative indispensability does not provide epistemic justification. (shrink)

According to moral intuitionism, at least some moral seeming states are justification-conferring. The primary defense of this view currently comes from advocates of the standard account, who take the justification-conferring power of a moral seeming to be determined by its phenomenological credentials alone. However, the standard account is vulnerable to a problem. In brief, the standard account implies that moral knowledge is seriously undermined by those commonplace moral disagreements in which both agents have (...) equally good phenomenological credentials supporting their disputed moral beliefs. However, it is implausible to think that commonplace disagreement seriously undermines moral knowledge, and thus it is implausible to think that the standard account of moral intuitionism is true. (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the (...) ethics of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

A dogma accepted in many ethical, religious, and legal frameworks is that the reasons behind conscientious objection (CO) in healthcare cannot be evaluated or judged by any institution because conscience is individual and autonomous. This paper shows that this background view is mistaken: the requirement to reveal and explain the reasons for conscientious objection in healthcare is ethically justified and legally desirable. Referring to real healthcare cases and legal regulations, this paper argues that these reasons should be evaluated either ex (...) ante or ex post and defends novel conceptual claims that have not been analyzed in the debates on CO. First, a moral threshold requirement: CO is only justified if the reasons behind a refusal are of a moral nature and meet a certain threshold of moral importance. Second, this paper considers the rarely discussed conceptual similarities between CO in healthcare and the legal regulations concerning military refusals that place the burden of proof on conscientious objectors. This paper concludes that conscientious objection in healthcare can be accommodated only in some cases of destroying or killing human organisms. (shrink)

This essay seeks to see if one side or the other in the hunting debate gets more purchase if we first ask what gives the state the moral right to promote sport hunting when the practice is in deep decline. We look at the dominant economic and political reasons for state support, none of which settle the moral matter. We then look at various state appeals to moral justification (ethical hunting, the right to hunt, the value (...) of heritage, etc.) and determine that they beg the same prior questions that hunters beg--questions about the new scientific understanding of animal cognition and about the ideal individual and society in the 21st C. Neither side in the philosophical debate is helped by state promotion of hunting, given that anti-hunters also often dispense with the deeper questions and the relevant science. Conclusion: the debate should be based on the new scientific understanding of animals' capacities and on current ideals of the individual and society. State policy should reflect that. -/- thehe state should see that it is on slippery ground when it devises programs to gratify hunters and to encourage the innocent, the reluctant, and the lapsed to take up the practice. (shrink)

Moral encroachment holds that the epistemic justification of a belief can be affected by moral factors. If the belief might wrong a person or group more evidence is required to justify the belief. Moral encroachment thereby opposes evidentialism, and kindred views, which holds that epistemic justification is determined solely by factors pertaining to evidence and truth. In this essay I explain how beliefs such as ‘that woman is probably an administrative assistant’—based on the evidence that (...) most women employees at the firm are administrative assistants—motivate moral encroachment. I then describe weaknesses of moral encroachment. Finally I explain how we can countenance the moral properties of such beliefs without endorsing moral encroachment, and I argue that the moral status of such beliefs cannot be evaluated independently from the understanding in which they are embedded. (shrink)

This study examined correlations between moral value judgments on a 17-item Moral Intuition Survey (MIS), and participant scores on the Short-D3 “Dark Triad” Personality Inventory—a measure of three related “dark and socially destructive” personality traits: Machiavellianism, Narcissism, and Psychopathy. Five hundred sixty-seven participants (302 male, 257 female, 2 transgendered; median age 28) were recruited online through Amazon Mechanical Turk and Yale Experiment Month web advertisements. Different responses to MIS items were initially hypothesized to be “conservative” or “liberal” in (...) line with traditional public divides. Our demographic data confirmed all of these hypothesized categorizations. We then tested two broad, exploratory hypotheses: (H1) the hypothesis that there would be “many” significant correlations between conservative MIS judgments and the Dark Triad, and (H2) the hypothesis that there would be no significant correlations between liberal MIS judgments and Machiavellianism or Psychopathy, but “some” significant correlations between liberal MIS judgments and Narcissism. Because our hypotheses were exploratory and we ran a large number of statistical tests (62 total), we utilized a Bonferroni Correction to set a very high threshold for significance (p = .0008). Our results broadly supported our two hypotheses. We found eleven significant correlations between conservative MIS judgments and the Dark Triad—all at significance level of p < .00001—but no significant correlations between the Dark Triad and liberal MIS judgments. We believe that these results raise provocative moral questions about the personality bases of moral judgments. In particular, we propose that because the Short-D3 measures three “dark and antisocial” personality traits, our results raise some prima facie worries about the moral justification of some conservative moral judgments. (shrink)

What, if anything, can justify public shaming? Philosophers who have written on this topic have pointed out the role of public shaming in enforcing valuable social norms. In this paper, I defend an alternate, supplementary justification for public shaming: as a form of moral self-defence. Moral self-defence is the defence of one’s moral standing – being recognized as an equal in the eyes of oneself and others – rather than the defence of one’s physical body or (...) rights. Agents can engage in moral self-defence by publicly criticizing, blaming, or expressing other negative feelings towards wrongdoers, which sometimes constitutes contributions to public shaming. (shrink)

I defend a modified rights-based unjust threat account for morally justified killing in self-defense. Rights-based moral justifications for killing in self-defense presume that human beings have a right to defend themselves from unjust threats. An unjust threat account of self-defense says that this right is derived from an agent’s moral obligation to not pose a deadly threat to the defender. The failure to keep this moral obligation creates the moral asymmetry necessary to justify a defender killing (...) the unjust threat in self-defense. I argue that the other rights-based approaches explored here are unfair to the defender because they require her to prove moral fault in the threat. But then I suggest that the unjust threat account should be modified so that where the threat is non-culpable or only partially culpable, the defender should seek to share the cost and risk with the threat in order for both parties to survive. (shrink)

Call ‘radical moral theorizing’ the project of developing a moral theory that not only tries to conform to our existing moral judgments, but also manifests various theoretical virtues: consistency, simplicity, explanatory depth, and so on. Many moral philosophers assume that radical moral theorizing does not require any particular metaethical commitments. In this paper, I argue against this assumption. The most natural justification for radical moral theorizing presupposes moral realism, broadly construed; in contrast, (...) there may be no justification for radical moral theorizing if moral anti-realism is true. (shrink)

I address Sinnott-Armstrong's argument that evidence of framing effects in moral psychology shows that moral intuitions are unreliable and therefore not noninferentially justified. I begin by discussing what it is to be epistemically unreliable and clarify how framing effects render moral intuitions unreliable. This analysis calls for a modification of Sinnott-Armstrong's argument if it is to remain valid. In particular, he must claim that framing is sufficiently likely to determine the content of moral intuitions. I then (...) re-examine the evidence which is supposed to support this claim. In doing so, I provide a novel suggestion for how to analyze the reliability of intuitions in empirical studies. Analysis of the evidence suggests that moral intuitions subject to framing effects are in fact much more reliable than perhaps was thought, and that Sinnott-Armstrong has not succeeded in showing that noninferential justification has been defeated. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such (...) as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

Is the relation ‘is a morally permissible alternative to’ transitive? The answer seems to be a straightforward yes. If Act B is a morally permissible alternative to Act A and Act C is a morally permissible alternative to B then how could C fail to be a morally permissible alternative to A? However, as both Dale Dorsey and Frances Kamm point out, there are cases where this transitivity appears problematic. My aim in this paper is to provide a solution to (...) this problem. I will then investigate Kamm’s justification for rejecting the transitivity of the ‘is a permissible alternative to’ relation. Next, I will look at Dorsey’s solution, which involves a reinterpretation of the intuitions used to generate the problem. I will argue that neither of these solutions are fully satisfying before going on to provide my own solution to the problem and arguing that it avoids these problems. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose (...) of this paper is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

[This paper is available as open access from the publisher.]The conventional wisdom in ethics is that pure moral laws are at least metaphysically necessary. By contrast, Moral Contingentism holds that pure moral laws are metaphysically contingent. This paper raises a normative objection to Moral Contingentism: it is worse equipped than Moral Necessitarianism to account for the normative standing or authority of the pure moral laws to govern the lives of the agents to whom they (...) apply. Since morality is widely taken to have such a standing, failing to account for it would be a significant problem. The objection also shows that the debate about the modal status of moral principles isn’t a debate solely within modal metaphysics, but has implications for topics in moral philosophy. (shrink)