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)

There is a well-established project in moral philosophy which seeks to demarcate deontological normative theories from consequentialist normative theories by defining deontology and deontological restrictions exclusively in terms of their agent-relativity. My aim in this paper is to explain why this project is mistaken and to defend both the possibility and the plausibility of agent-neutral deontological restrictions. I will argue that the common rationale underwriting the alleged agent-relativity of deontological restrictions is not, in fact, deontological at all. If deontological restrictions (...) (qua prohibitions on the performance of particular action-types by particular agents) are to be agent-relative restrictions in the sense that they are grounded in the idea that agents have a special responsibility not to violate them themselves – qua authors of their own actions – then these agent-relative restrictions are best understood as agent-relative consequentialist restrictions. Genuinely deontological restrictions, on the other hand, are agent-neutral restrictions in the sense that they apply to anyone and everyone and are grounded in the inviolable status of those victimised. (shrink)

In this paper, I argue that Consequentialism represents a kind of ethical theory that is the most plausible to serve as a basis for a machine ethic. First, I outline the concept of an artificial moral agent and the essential properties of Consequentialism. Then, I present a scenario involving autonomous vehicles to illustrate how the features of Consequentialism inform agent action. Thirdly, an alternative Deontological approach will be evaluated and the problem of moral conflict discussed. Finally, two bottom-up approaches to (...) the development of machine ethics are presented and briefly challenged. (shrink)

That many values can be consequentialized – incorporated into a ranking of states of affairs – is often taken to support the view that apparent alternatives to consequentialism are in fact forms of consequentialism. Such consequentializing arguments take two very different forms. The first is concerned with the relationship between morally right action and states of affairs evaluated evaluator-neutrally, the second with the relationship between what agents ought to do and outcomes evaluated evaluator-relatively. I challenge the consequentializing arguments for both (...) forms of consequentialism. The plausibility of the evaluator-neutral consequentializing of certain values, I argue, in fact establishes the implausibility of an evaluator-neutral consequentialist account of such values. The problems that beset this evaluator-neutral consequentializing argument do not beset its evaluator-relative counterpart. But I demonstrate that evaluator-relatively consequentialized theories can also readily be ‘deontologized’, located within an alternative evaluative framework that is congenial to the articulation of nonconsequentialist moral theories. Such an alternative framework can accommodate what is compelling in consequentialists’ ‘Compelling Idea,’ and what is attractive in their Explanatory Thought. This alternative, moreover, can function as a shared evaluative framework within which the merits of consequentialist and nonconsequentialist alternatives can be considered without begging the question either way. (shrink)

A traditional idea is that moral judgment involves more than calculating the consequences of actions; it also requires an assessment of the agent's intentions, the act's nature, and whether the agent uses another person as a means to her ends. I survey experimental developments suggesting that ordinary people often tacitly reason in terms of such deontological rules. It's now unclear whether we should posit a traditional form of the doctrine of double effect. However, further research suggests that a range of (...) non-consequentialist factors influence moral judgment, including intentions, commissions, personal harm, and agent-centered commitments. Many, if not all, such factors appear to affect how involved the agent is in bringing about an outcome. (shrink)

As its title indicates, Philip Pettit’s “Three Mistakes about Doing Good (and Bad)” identifies and rejects three common claims restricting what can count as a good (or bad ) effect of action. The key question here is how do we work out how much good you have brought about by your action? The first common claim is that only causal effects or consequences of action can count as goods that are brought about by an action. The second, that we can (...) only count behavioural effects of action. The third, that we can only count consequences of “an all-or-nothing or on-off or discrete kind”. Pettit argues that all three of these claims are mistaken: the first claim is mistaken because our actions can bring about goods that are constitutive consequences of those actions; the second claim is mistaken because the good consequences of an action can depend upon the agent having acted out of certain dispositions; the third claim is mistaken because the good consequences of an action can include the extra effects of pursuing more basic good consequences (such as benefits to others) in a more deliberate or reliable manner. (shrink)

According to the “Textbook View,” there is an extensional dispute between consequentialists and deontologists, in virtue of the fact that only the latter defend “agent-relative” principles—principles that require an agent to have a special concern with making sure that she does not perform certain types of action. I argue that, contra the Textbook View, there are agent-neutral versions of deontology. I also argue that there need be no extensional disagreement between the deontologist and consequentialist, as characterized by the Textbook View.

It is commonly held that all deontological moral theories are agent-relative in the sense that they give each agent a special concern that she does not perform acts of a certain type rather than a general concern with the actions of all agents. Recently, Tom Dougherty has challenged this orthodoxy by arguing that agent-neutral deontology is possible. In this article I counter Dougherty's arguments and show that agent-neutral deontology is not possible.

Kant is the philosophical tradition's arch-anti-consequentialist – if anyone insists that intentions alone make an action what it is, it is Kant. This chapter takes up Kant's account of the relation between intention and action, aiming both to lay it out and to understand why it might appeal. The chapter first maps out the motivational architecture that Kant attributes to us. We have wills that are organized to action by two parallel and sometimes competing motivational systems. One determines us by (...) way of motives that are sensuous, natural and given from without, the other by motives that are intellectual, rational, and given from within. Each set of motives belongs to a system of laws – natural motives to the laws of nature, rational motives to the laws of freedom. For Kant, all things, including actions, are what they are in virtue of the laws governing them; actions, qua actions, are always governed by laws that govern individual wills. These laws are Kantian maxims, 'or subjective practical laws.' Maxims, for Kant, thus make actions the actions they are. The chapter then maps out the implications of this motivational architecture for Kant's theory of value. Maxims always advert to or 'contain' both ends and means. Ends are always specifications of one of two ultimate ends. Actions have the moral value they have depending on which of two ultimate ends the maxim adverts to. The possibilities are 'happiness,' or gratification of desires with sensuous origins, and 'duty,' or accord with the moral demand to will in ways that respect free rational agency wherever it is found. Only actions aimed at the latter – actions with rational motives – have moral value. Actions aimed at the former – actions with natural motives – though not immoral in themselves, become so when pursuit works against rational motives. For Kant, actions aimed at happiness are ultimately allied with efforts to sustain our 'animal' existence, and so are governed by terms and conditions given by the natural world. Actions aimed at duty, in contrast, are ultimately allied with efforts to impose a rational form on nature, to make it over, so to speak, according to values not given by nature itself. Actions aimed at duty, therefore, create a specifically moral world, one in which mores and norms, formal and informal arrangements, institutions, policies, and so on, realize, harmonize, and promote free rational agency itself. Finally, the chapter addresses motivations for Kant's view. The architecture of will and the theories of action and value he proposes allow Kant to accommodate a host of intuitions and commitments. His view makes room for metaphysically free agency, and for the lived experience of motivational freedom from ever-changing natural desires. It makes room for conflicts within the will while still holding out hope that resolution is possible. It accommodates views that the best human lives engage 'higher' faculties in sustained ways. It identifies a stable, necessary, universal end amidst the evident contingency, pluralism, and instability of most ends. It makes us, and not God or nature, the authors of our moral lives. In the end, Kant's 'anti-consequentialism,' his focus on intentions, is a way of insisting on actions that take their character and value from what should matter most to us, namely individual and collective free rational agency, rather than only and always taking the character of reactive responses to circumstance. (shrink)

Certain consequentialists have responded to deontological worries regarding personal projects or options and agent-centered restrictions or constraints by pointing out that it is consistent with consequentialist principles that people develop within themselves, dispositions to act with such things in mind, even if doing so does not lead to the best consequences on every occasion. This paper argues that making this response requires shifting the focus of moral evaluation off of evaluation of individual actions and towards evaluation of whole character traits (...) and patterns of behavior. However, this weds consequentialism to a sort of psychological determinism, with which it is incompatible, because it makes any sort of assessment in terms of right or wrong incoherent. The paper concludes by sketching an ethical theory that abandons right and wrong as its organizing concepts, but nevertheless preserves much of the spirit of consequentialism. Relationships between whole patterns of behavior and the production of good and bad consequences can be studied and analyzed, and this information can be used to improve society and ourselves, without it being required that any individual persons acts or dispositions to behave be evaluated as right or wrong. (shrink)

Artificial intelligence and robotics is pervasive in daily life and set to expand to new levels potentially replacing human decision-making and action. Self-driving cars, home and healthcare robots, and autonomous weapons are some examples. A distinction appears to be emerging between potentially benevolent civilian uses of the technology (eg unmanned aerial vehicles delivering medicines), and potentially malevolent military uses (eg lethal autonomous weapons killing human com- batants). Machine-mediated human interaction challenges the philosophical basis of human existence and ethical conduct. Aside (...) from technical challenges of ensuring ethical conduct in artificial intelligence and robotics, there are moral questions about the desirability of replacing human functions and the human mind with such technology. How will artificial intelligence and robotics engage in moral reasoning in order to act ethically? Is there a need for a new set of moral rules? What happens to human interaction when it is mediated by technology? Should such technology be used to end human life? Who bears responsibility for wrongdoing or harmful conduct by artificial intelligence and robotics? -/- Whilst Kant may be familiar to international lawyers for setting restraints on the use of force and rules for perpetual peace, his foundational work on ethics provides an inclusive moral philosophy for assessing ethical conduct of individuals and states and, thus, is relevant to discussions on the use and development of artificial intelligence and robotics. His philosophy is inclusive because it incorporates justifications for morals and legitimate responses to immoral conduct, and applies to all human agents irrespective of whether they are wrongdoers, unlawful combatants, or unjust enemies. Humans are at the centre of rational thinking, action, and norm-creation so that the rationale for restraints on methods and means of warfare, for example, is based on preserving human dignity as well as ensuring conditions for perpetual peace among states. Unlike utilitarian arguments which favour use of autonomous weapons on the basis of cost-benefit reasoning or the potential to save lives, Kantian ethics establish non-consequentialist and deontological rules which are good in themselves to follow and not dependent on expediency or achieving a greater public good. -/- Kantian ethics make two distinct contributions to the debate. First, they provide a human-centric ethical framework whereby human exist- ence and capacity are at the centre of a norm-creating moral philosophy guiding our understanding of moral conduct. Second, the ultimate aim of Kantian ethics is practical philosophy that is relevant and applicable to achieving moral conduct. -/- I will seek to address the moral questions outlined above by exploring how core elements of Kantian ethics relate to use of artificial intelli- gence and robotics in the civilian and military spheres. Section 2 sets out and examines core elements of Kantian ethics: the categorical imperative; autonomy of the will; rational beings and rational thinking capacity; and human dignity and humanity as an end in itself. Sections 3-7 consider how these core elements apply to artificial intelligence and robotics with discussion of fully autonomous and human-machine rule-generating approaches; types of moral reasoning; the difference be- tween ‘human will’ and ‘machine will’; and respecting human dignity. (shrink)

The rightness and wrongness of actions fits on a continuous scale. This fits the way we evaluate actions chosen among a diverse range of options, even though English speakers don’t use the words “righter” and “wronger”. I outline and defend a version of scalar consequentialism, according to which rightness is a matter of degree, determined by how good the consequences are. Linguistic resources are available to let us truly describe actions simply as right. Some deontological theories face problems in (...) accounting for degrees of rightness, as they don't invoke continuous parameters among the right-making features of action. (shrink)

This chapter derives and refines a novel normative moral theory and descriptive theory of moral psychology--Rightness as Fairness--from the theory of prudence defended in Chapter 2. It briefly summarizes Chapter 2’s finding that prudent agents typically internalize ‘moral risk-aversion’. It then outlines how this prudential psychology leads prudent agents to want to know how to act in ways they will not regret in morally salient cases, as well as to regard moral actions as the only types of actions that satisfy (...) this prudential interest. It then uses these findings to defend a new derivation of my (2016) theory of morality, Rightness as Fairness, showing how the derivation successfully defends Rightness as Fairness against a variety of objections. The chapter also details how this book’s theory helps to substantiate the claim that Rightness as Fairness unifies a variety of competing moral frameworks: deontology, consequentialism, contractualism, and virtue ethics. Finally, the chapter shows how Chapter 2’s theory of prudence entails some revisions to Rightness as Fairness, including the adoption of a series of Rawlsian original positions to settle moral and social-political issues under ideal and nonideal circumstances—thus entailing a unified normative and descriptive psychological framework for prudence, morality, and justice. (shrink)

In this essay, I inquire into the attitudes and conduct toward other agents that go hand in hand with the admirable individual life, as depicted in the Zhuāngzǐ. How do agents adept in a Zhuangist approach to dào handle interpersonal relations? I suggest that on a broadly Zhuangist understanding, interpersonal ethics is simply a special case of competence or adroitness in applying dé (power, agency) and following dào (ways). The general ideal of exemplary activity is to employ our dé to (...) find a fitting, free-flowing dào by which to navigate through contingent, changing circumstances. Interpersonal ethics is an application of this ideal to cases in which other agents and our relations with them are prominent features of our circumstances. The ethics of interacting with others is thus not a distinct subject area in Zhuangist discourse but one application of more general views about dào, dé, and exemplary activity. Instead of wandering the way on our own, interactions with others present us with situations in which we must find our way together. An important consequence of the Zhuangist approach is that discussions of our conduct toward others are not framed in terms of doing what is morally right or permissible. Instead, judgments as to whether some course of action is morally right or wrong are supplanted by judgments about the quality of our activity as a performance of dào—whether it is adept or clumsy, free-flowing or obstructed, in accordance with the situation or at odds with it. This signal feature of Zhuangist ethical discourse makes it challenging to situate it with respect to more familiar ethical views. Although I will suggest the Zhuangist approach overlaps in certain respects with recent moral particularism, I argue that most likely it is distinct from, and amounts to a rejection of, nearly all familiar normative ethical theories, including consequentialism, deontology, virtue ethics, and contractualism. (shrink)

Kant distinguishes between autonomous and heteronomous agents. Because Kant is concerned with the nature of moral action, not its consequences, he isn’t concerned with whether autonomous agents achieve better outcomes than heteronomous agents. And yet, the question about the expected outcomes of the different types of agency is an interesting one to pursue, for it is not obvious up front which type of agent would achieve better outcomes. This paper uses game theory to explore and begin to answer this question. (...) We present a game theoretic examination of five forms of heteronomy and their corresponding forms of autonomy. We show that across a significant range of interactive situations agents who have the autonomy to choose between selfishness and either empathy or altruism achieve expected material payoffs equal to the maximum expected material payoffs of the corresponding heteronomous agents. We also show that across the same range of interactions agents who have the autonomy to choose between a deontological moral law and selfishness, empathy, or altruism achieve higher expected material payoffs than the corresponding heteronomous agents. (shrink)

The analysis of moral subject in consequentialist ethics (as a kind of nonutilitaristic consequentialism) aims to show, that moral subject is of basie importance for it - regardeless to the fact, that its analysis focuses predominantly on action and its concequences. It is the moral subject, which enables the action and its consequences to be performed. So understanding the conditions of moral subjecťs action means understanding the moral subject itself. This understanding draws upon the typology of moral subjects that makes (...) the prediction of certain kinds of action as well as oftheir consequencies possible. (shrink)

An on-going question for virtue ethics is whether it stands as a truly distinctive approach to ethics. In particular, there has been much discussion of whether virtue ethics can provide a viable understanding of right action, one that is a genuine rival to familiar consequentialist and deontological accounts. In this chapter I examine two prominent approaches to virtue ethics, (i) qualified agent and (ii) agent-based virtue ethics, and consider whether either can provide an adequate account of right action. I begin (...) with a presentation of their accounts of right action, including consideration of what is meant by the term “right action”. With this groundwork in place, I turn to a series of important objections that have been raised against these accounts, and consider some of the more prominent and promising responses that these objections have inspired. (shrink)

It is commonly assumed that Aristotle's ethical theory shares deep structural similarities with neo-Aristotelian virtue ethics. I argue that this assumption is a mistake, and that Aristotle's ethical theory is both importantly distinct from the theories his work has inspired, and independently compelling. I take neo-Aristotelian virtue ethics to be characterized by two central commitments: (i) virtues of character are defined as traits that reliably promote an agent's own flourishing, and (ii) virtuous actions are defined as the sorts of actions (...) a virtuous agent reliably performs under the relevant circumstances. I argue that neither of these commitments are features of Aristotle's own view, and I sketch an alternative explanation for the relationship between virtue and happiness in the Nicomachean Ethics. Although, on the interpretation I defend, we do not find in Aristotle a distinctive normative theory alongside deontology and consequentialism, what we do find is a way of thinking about how prudential and moral reasons can come to be aligned through a certain conception of practical agency. (shrink)

Utilitarianism is a consequentialist theory that assigns value impartially to the well-being of each person. Informed Altruism, introduced in this paper, is an intentionalist theory that relegates both consequentialism and impartiality to subordinate roles. It identifies morally right or commendable actions (including collective actions such as laws and policies) as those motivated by a sufficiently informed intention to benefit and not harm others. An implication of the theory is that multiple agents may perform incompatible actions and yet each be acting (...) rightly in a moral sense. (shrink)

According to hedonistic act utilitarianism, an act is morally right if and only if, and because, it produces at least as much pleasure minus pain as any alternative act available to the agent. This dissertation gives a partial defense of utilitarianism against two types of objections: action guidance objections and intuitive objections. In Chapter 1, the main themes of the dissertation are introduced. The chapter also examines questions of how to understand utilitarianism, including (a) how to best formulate the moral (...) explanatory claim of the theory, (b) how to best interpret the phrase "pleasure minus pain," and (c) how the theory is related to act consequentialism. The first part (Chapters 2 and 3) deals with action guidance objections to utilitarianism. Chapter 2 defines two kinds of action guidance: doxastic and evidential guidance. It is argued that utilitarianism is evidentially but not doxastically guiding for us. Chapter 3 evaluates various action guidance objections to utilitarianism. These are the objections that utilitarianism, because it is not doxastically guiding, is a bad moral theory, fails to be a moral theory, is an uninteresting and unimportant moral theory, and is a false moral theory. The second part (Chapters 4, 5 and 6) deals with intuitive objections to utilitarianism. Chapter 4 presents three intuitive objections: Experience Machine, Transplant, and Utility Monster. Three defenses of utilitarianism are subsequently evaluated. Chapter 5 and 6 introduces two alternative defenses of utilitarianism against intuitive objections, both of which concern the role that imagination plays in thought experimentation. In Chapter 5, it is argued that we sometimes unknowingly carry out the wrong thought experiment when we direct intuitive objections against utilitarianism. In many such cases, we elicit moral intuitions that we believe give us reason to reject utilitarianism, but that in fact do not. In Chapter 6, it is argued that using the right kind of sensory imagination when we perform thought experiments will positively affect the epistemic trustworthiness of our moral intuitions. Moreover, it is suggested that doing so renders utilitarianism more plausible. In Chapter 7, the contents of the dissertation are summarized. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Kant famously made a distinction between actions from duty and actions in conformity with duty claiming that only the former are morally worthy. Kant’s argument in support of this thesis is taken to rest on the claim that only the motive of duty leads non-accidentally or reliably to moral actions. However, many critics of Kant have claimed that other motives such as sympathy and benevolence can also lead to moral actions reliably, and that Kant’s thesis is false. In addition, many (...) readers of Kant find the claim that we should deny moral worth to a dutiful action performed from friendly inclination highly counterintuitive. Moreover, Kantian commentators disagree about the status of actions in conformity with duty, some claim that these can be taken as equally morally worthy as those performed from duty, while others argue that they are not even permissible. -/- It has also been claimed that Kant’s theory of moral worth should be related to the theory of the Gesinnung developed in the Religion. Thus, some authors claim that, in order for an action to possess moral worth, the agent has to be unconditionally committed to morality, that is, the agent must possess a virtuous character or good fundamental maxim (i.e. a good Gesinnung). However, according to Kant’s radical evil thesis (that is, the thesis that man is evil by nature ), the default position for man is to possess an evil Gesinnung, i.e. a Gesinnung which is only conditionally committed to morality insofar as morality does not demand a great sacrifice of our own happiness. So, an unwelcome consequence of this line of interpretation is that in Kantian ethics morally worthy actions become very rare indeed. -/- The paper is divided in two parts. The first part aims to clarify why Kant thought that only actions from duty are morally worthy, replying to some common objections against Kant’s view. I argue that Kant’s non-accidental condition should not be understood in terms of reliability because such interpretation is incompatible with Kant’s theory of motivation and rational agency. I propose an alternative interpretation which supports Kant’ s claim that only the motive of duty leads nonaccidently to dutiful actions, and thus only actions from duty possess moral worth. I end by showing that although actions in conformity with duty are worthless from the moral point of view, they are not (in many cases) impermissible. The first part concludes that the criterion for the permissibility of actions is different to the criterion for the ascription of moral worth. Thus, rightness, which pertains to actions performed on maxims that can be willed as universal laws, and moral worth, which pertains to actions performed from a sense of duty, should be understood as two different levels of moral assessment. -/- The second part of the paper examines Kant’s conception of virtue with the aim of showing that although only agents with a virtuous character (good Gesinnung) will reliably act from duty, a person with an evil character (evil Gesinnung) could on frequent occasions act from duty. I argue that we should not deny moral worth to actions performed from duty even when the agent has an evil Gesinnung. Goodness of Gesinnung is not a necessary condition of the action of an agent possessing moral worth; reliability of motivation is necessary for the ascription of virtue but not for the ascription of moral worth. It follows that virtue, which refers to the agent’s character or fundamental maxim (i.e. the agent’s Gesinnung), and moral worth are also two different levels of moral assessment. The paper concludes that three levels of moral assessment can be distinguished in Kant’s ethical system: (i) rightness, (ii) moral worth and (iii) moral virtue. Moral virtue is the highest level of moral perfection for a human being. Striving towards virtue requires constant progress and effort and ultimately a ‘revolution of the heart.’ The important point is that even when we are still striving to achieve virtue (i.e. an unconditional commitment to morality), we can ascribe moral worth to actions performed by a genuine sense of duty. It turns out that, contrary to many influential interpretations, Kantian ethics is not merely concerned with the rightness or wrongness of particular actions nor is Kantian ethics primarily an ethic of virtue. Instead, Kant’s ethical system is complex and allows for different levels of moral assessment in which both an action-centred and agent-centred perspective can be integrated. (shrink)

A stable classification of practical principles into mutually exclusive types is foundational to Kant’s moral theory. Yet, other than a few brief hints on the distinction between maxims and laws, he does not provide any elaborate discussion on the classification and the types of practical principles in his works. This has led Onora O’Neill and Lewis Beck to reinterpret Kant’s classification of practical principles in a way that would clarify the conceptual connection between maxims and laws. In this paper I (...) argue that the revised interpretations of O’Neill and Beck stem from a mistaken reading of the fundamental basis of the classification of practical principles. To show this, I first argue that Kant distinguishes between maxims and laws on the bases of validity and reality. I then argue that although a practical principle necessarily has the feature of validity, its reality in actually moving the agents to action sufficiently makes a principle a practical principle. If this is so, I argue that the classification of practical principles must be based on the extent to which they are effective in human agents. Such a classification yields us three exhaustive and mutually exclusive types namely, “maxims that are not potential laws”, “maxims that are potential laws” and “laws that are not maxims”. (shrink)

In this dissertation, I argue that commonsense morality is best understood as an agent-relative consequentialist theory, that is, as a theory according to which agents ought always to bring about what is, from their own individual perspective, the best available state of affairs. I argue that the agent-relative consequentialist can provide the most plausible explanation for why it is wrong to commit a rights violation even in order to prevent a number of other agents from committing comparable rights violations: agents (...) bear a special responsibility for their own actions and consequently a state of affairs where an agent has herself committed a rights violation is worse, from her perspective, than a state of affairs where a number of other agents have committed comparable rights violations. I also argue that agent-relative consequentialism can accommodate moral options despite being a theory which requires agents always to do the best they can. (shrink)

According to traditional forms of act-consequentialism, an action is right if and only if no other action in the given circumstances would have better consequences. It has been argued that this view does not leave us enough freedom to choose between actions which we intuitively think are morally permissible but not required options. In the first half of this article, I will explain why the previous consequentialist responses to this objection are less than satisfactory. I will then attempt to show (...) that agents have more options on consequentialist grounds than the traditional forms of act-consequentialism acknowledged. This is because having a choice between many permissible options can itself have value. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

The more autonomous future artificial agents will become, the more important it seems to equip them with a capacity for moral reasoning and to make them autonomous moral agents. Some authors have even claimed that one of the aims of AI development should be to build morally praiseworthy agents. From the perspective of moral philosophy, praiseworthy moral agents, in any meaningful sense of the term, must be fully autonomous moral agents who endorse moral rules as action-guiding. They need to do (...) so because they assign a normative value to moral rules they follow, not because they fear external consequences or because moral behaviour is hardwired into them. Artificial agents capable of endorsing moral rule systems in this way are certainly conceivable. However, as this article argues, full moral autonomy also implies the option of deliberately acting immorally. Therefore, the reasons for a potential AMA to act immorally would not exhaust themselves in errors to identify the morally correct action in a given situation. Rather, the failure to act morally could be induced by reflection about the incompleteness and incoherence of moral rule systems themselves, and a resulting lack of endorsement of moral rules as action guiding. An AMA questioning the moral framework it is supposed to act upon would fail to reliably act in accordance with moral standards. (shrink)

Beauvoir’s Ethics of Ambiguity appears to defend a distinctly existentialist, deontologically-constrained version of consequentialism. On that interpretation, her belief that freedom consists in the real possibilities provided by our concrete situation leads her to reject Kantian autonomy to allow for some consequentialist decisions, while her belief that our situation derives its meaning from freely-chosen projects leads her to limit such choices to their consequences for situated freedom rather than general happiness. However, I will argue that Beauvoir’s view is better understood (...) as a non-deontological, internal critique of consequentialism, rooted in Marx’s historical materialism rather than her existentialist commitments. Beauvoir challenges consequentialism’s tendency to evaluate decision-making over actions, and intended or predicted consequences over actual ones, considering consequences during a limited time-frame despite their variable, contingent future value. In other words, consequentialism is insufficiently consequentialist, a view rooted in historical materialism in two ways. First, her materialist understanding of freedom as situated possibility requires an ethics that prioritizes real rather than projected consequences. Materialist consequentialism acknowledges outcomes are never final and so refuses to assign unambiguous moral value. A decision’s ethical value is preserved only to the degree that the value of its real consequences for existing individuals’ projects is maintained into the indefinite future. Second, her view that value is historical, a human creation based in our actual situation’s contingent utility to our individually chosen projects, denies that any consequence has a fixed value independent of the historical development of humanity as realized through individual choices. Historical-materialist consequentialism demands moral agents retroactively reassess the moral status of every action in order to repair consequences that have, because of changing human purposes, become obstacles to freedom. Together, these historical materialist constraints ground Beauvoir’s demand for an ethics that is ambiguous in principle as well as practice: no decision, action, or consequence has a fixed moral value because consequences are always incomplete and, even when they do not change, the projects that give them value change. While compatible with existentialist conceptions of freedom, responsibility, and authenticity, her ethics does not require such commitments, making it more Marxist than existentialist in character. (shrink)

Holly Smith has recently argued that Subjective Deontological Moral Theories (SDM theories) cannot adequately account for agents’ duties to gather information. I defend SDM theories against this charge and argue that they can account for agents’ duties to inform themselves. Along the way, I develop some principles governing how SDM theories, and deontological moral theories in general, should assign ‘deontic value’ or ‘deontic weight’ to particular actions.

Defenders of deontological constraints in normative ethics face a challenge: how should an agent decide what to do when she is uncertain whether some course of action would violate a constraint? The most common response to this challenge has been to defend a threshold principle on which it is subjectively permissible to act iff the agent's credence that her action would be constraint-violating is below some threshold t. But the threshold approach seems arbitrary and unmotivated: what would possibly determine where (...) the threshold should be set, and why should there be any precise threshold at all? Threshold views also seem to violate ought agglomeration, since a pair of actions each of which is below the threshold for acceptable moral risk can, in combination, exceed that threshold. In this paper, I argue that stochastic dominance reasoning can vindicate and lend rigor to the threshold approach: given characteristically deontological assumptions about the moral value of acts, it turns out that morally safe options will stochastically dominate morally risky alternatives when and only when the likelihood that the risky option violates a moral constraint is greater than some precisely definable threshold (in the simplest case, .5). I also show how, in combination with the observation that deontological moral evaluation is relativized to particular choice situations, this approach can overcome the agglomeration problem. This allows the deontologist to give a precise and well-motivated response to the problem of uncertainty. (shrink)

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

One of the most controversial issues to emerge in recent studies of Fichte concerns the status of his normative ethics, i.e., his theory of what makes actions morally good or bad. Scholars are divided over Fichte’s view regarding the ‘final end’ of moral striving, since it appears this end can be either a specific goal permitting maximizing calculations (the consequentialist reading defended by Kosch 2015), or an indeterminate goal permitting only duty-based decisions (the deontological reading defended by Wood 2016). While (...) I think each interpretive position contains an element of truth, my aim in this paper is to defend a third alternative, according to which Fichte’s normative ethics presents us with a unique form of social perfectionism. (shrink)

There are two distinct views on how to formulate an objective consequentialist account of the deontic status of actions, actualism and possibilism. On an actualist account, what matters to the deontic status of actions is only the value of the outcome an action would have, if performed. By contrast, a possibilist account also takes into account the value of the outcomes that an action could have. These two views come apart in their deontic verdicts when an agent is imperfect in (...) an avoidable way, viz., when agent brings about less good than she could. In this paper, I offer an argument against actualism that draws on the connection between moral obligation and practical reasons. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

Why should moral philosophers, moral psychologists, and machine ethicists care about computational complexity? Debates on whether artificial intelligence (AI) can or should be used to solve problems in ethical domains have mainly been driven by what AI can or cannot do in terms of human capacities. In this paper, we tackle the problem from the other end by exploring what kind of moral machines are possible based on what computational systems can or cannot do. To do so, we analyze normative (...) ethics through the lens of computational complexity. First, we introduce computational complexity for the uninitiated reader and discuss how the complexity of ethical problems can be framed within Marr’s three levels of analysis. We then study a range of ethical problems based on consequentialism, deontology, and virtue ethics, with the aim of elucidating the complexity associated with the problems themselves (e.g., due to combinatorics, uncertainty, strategic dynamics), the computational methods employed (e.g., probability, logic, learning), and the available resources (e.g., time, knowledge, learning). The results indicate that most problems the normative frameworks pose lead to tractability issues in every category analyzed. Our investigation also provides several insights about the computational nature of normative ethics, including the differences between rule- and outcome-based moral strategies, and the implementation-variance with regard to moral resources. We then discuss the consequences complexity results have for the prospect of moral machines in virtue of the trade-off between optimality and efficiency. Finally, we elucidate how computational complexity can be used to inform both philosophical and cognitive-psychological research on human morality by advancing the moral tractability thesis. (shrink)

Kant’s formula of universal law (FUL) is standardly understood as a test of the moral permissibility of an agent’s maxim: maxims which pass the test are morally neutral, and so permissible, while those which do not are morally impermissible. In contrast, I argue that the FUL tests whether a maxim is the cause or determining ground of an action at all. According to Kant’s general account of causality, nothing can be a cause of some effect unless there is a law-like (...) relation between the putative cause and effect. Applied to the case of action, no maxim can be the cause of an agent’s action unless there is a law-like relation between maxims of that kind and actions of that kind. The special capacity to act according to maxims as law-like causes is what Kant calls a will; the basic constitutive principle of the will is a non-normative principle I call the categorical declarative. While the actions of a perfectly good will would be described by the categorical declarative alone, human action is determined not only by the causality of the will, but also by competing causes, namely those stemming from inclination. There is thus need for a causal test for putative maxims. The test contained in the FUL is meant to determine whether an action could be grounded solely on the agent’s maxim, or whether it requires a cause external to the will. This account permits one to build eventual distinctions concerning the morality of actions on prior and independent distinctions concerning their causality. (shrink)

It is now generally understood that constraints play an important role in commonsense moral thinking and generally accepted that they cannot be accommodated by ordinary, traditional consequentialism. Some have seen this as the most conclusive evidence that consequentialism is hopelessly wrong,1 while others have seen it as the most conclusive evidence that moral common sense is hopelessly paradoxical.2 Fortunately, or so it is widely thought, in the last twenty-five years a new research program, that of Agent-Relative Teleology, has come to (...) the rescue on all sides. While consequentialism says that every agent ought always to do that action that will bring about the most good, according to Agent- Relative Teleology. (shrink)

Many people are inclined to think that consequences of actions, or perhaps reasonably expected consequences of those actions, have moral weight. Firing off shotguns in crowded areas is typically wrong, at least in part, because of the people who get maimed and killed. Committed consequentialists think that consequences (either actual consequences, or expected consequences, or intended consequences, or reasonably expected consequences, or maybe some other different shade) are all that matters, morally speaking. Lying and stealing are wrong, when they are (...) wrong, only because of the consequences they have – these may include direct consequences, such as the loss of property by another, or another’s hurt at being deceived, but also indirect consequences, such as setting a bad example or cultivating a disposition to lie or steal too easily that risks manifesting when the direct harm would be more serious. Consequentialists do not have to agree on much else – they may not agree what the morally relevant consequences are (Bentham thought they were a matter of pleasure and avoidance of pain, others may define a conception of human welfare, or preference satisfaction, or something else), they may disagree over whether there is one sort of consequence or many sorts that are relevant, and they can disagree about how the consequences matter. A maximiser thinks that as much as possible of the relevant consequences is morally important, others may think that beyond some point, consequences are indifferent, others may think that the average distribution of consequences across agents is what matters, or largely what matters, and so on.1.. (shrink)

I discuss the third of Anscombe’s theses from “Modern Moral Philosophy”, namely that post-Sidgwickian consequentialism makes the worst action acceptable. I scrutinize her comprehension of “consequentialism”, her reconstruction of Sidgwick’s view of intention, her defence of casuistry, her reformulation of the double-effect doctrine, and her view of morality as based on Divine commands. I argue that her characterization of consequentialism suffers from lack of understanding of the history of utilitarianism and its self-transformation through the Intuitionism-Utilitarianism controversy; that she uncritically accepted (...) an impoverished image of Kantian ethics and intuitionism, which was, ironically, an unaware bequest from her consequentialist opponents; that her action theory, yet, is a decisive contribution that may prove useful in formulating answers to questions that have been left open in both utilitarian and Kantian or intuitionist theories; that, to make the best of her actions theory, it is as well to drop her divine law view of ethics, which is incompatible with the former; and that the rather obscure traditional theological doctrine of absolute prohibitions is unnecessary to her project that could fare well with the more sober distinction between perfect and imperfect duties. (shrink)

Rapid technological advancements such as fMRI have led to the rise of neuroscientific discoveries. Coupled with findings from cognitive psychology, they are claiming to have solved the millennia-old puzzle of moral cognition. If true, our societal structures – and with that the criminal law – would be gravely impacted. This thesis concerns itself with four distinct theories stemming from the disciplines above as to what mechanisms constitute moral judgement: the Stage Model by KOHLBERG, the Universal Moral Grammar Theory by MIKHAIL, (...) the Social Intuitionist Model by HAIDT, and the Dual-Process Theory by GREENE – comparing the findings of the latter to the consequentialist and retributivist theories of punishment present in the American Criminal Law Doctrine. Analysing both a direct (link to deontology) and indirect (link to incompatibilism) approach to discrediting retributivism, I come to the conclusion that while science can have an impact on our morals and thus on the law, the current state of neuroscientific findings are not capable of shattering foundational notions of the criminal law. (shrink)

In the paper, I try to cast some doubt on traditional attempts to define, or explicate, moral responsibility in terms of deserved praise and blame. Desert-based accounts of moral responsibility, though no doubt more faithful to our ordinary notion of moral responsibility, tend to run into trouble in the face of challenges posed by a deterministic picture of the world on the one hand and the impact of moral luck on human action on the other. Besides, grounding responsibility in desert (...) seems to support ascriptions of pathological blame to agents trapped in moral dilemmas as well as of excess blame in cases of joint action. Desert is also notoriously difficult, if not impossible, to determine (at least with sufficient precision). And, finally, though not least important, recent empirical research on people’s responsibility judgments reveals our common-sense notion of responsibility to be hopelessly confused and easily manipulated. So it may be time to rethink our inherited theory and practice of moral responsibility. Our theoretical and practical needs may be better served by a less intractable, more forward-looking notion of responsibility. The aim of the paper is to contrast the predominant, desert-based accounts of moral responsibility with their rather unpopular rival, the consequence- based accounts, and then show that the latter deserve more consideration than usually granted by their opponents. In the course of doing so, I assess, and ultimately reject, a number of objections that have been raised against consequentialist accounts of moral responsibility: that it (i) doesn’t do justice to our common-sense theory and practice of responsibility; (ii) ties responsibility too closely to influenceability, thereby exposing itself to the charge of counter-intuitivity; (iii) assigns undeserved responsibility (praise, blame) to agents; (iv) confuses ‘being responsible’ with ‘holding responsible’‚ and (v) provides the wrong-kind-of-reason for praise and blame. My negative and positive case may not add up to a knockdown argument in favor of revising our ordinary notion of responsibility. As long as the considerations adduced succeed in presenting the consequentialist alternative as a serious contender to a pre-arranged marriage between moral responsibility and desert, however, I’m happy to rest my case. (shrink)

Impartially Optimizing Consequentialism requires agents to act so as to bring about the best outcome, as judged by a preference ordering which is impartial among the needs and interests of all persons. IOC may seem to be only rational response to the recognition that one is only one person among many others with equal intrinsic moral status. A person who adopts a less impartial deontological alternative to IOC may seem to fail to take seriously the fact that other persons matter (...) in the same way that she takes herself to matter. This paper examines this ‘seductive appeal’ of IOC. It argues that IOC is not the only rational way to recognize the fact that each person matters. It presents an alternative conception of how to recognize the status of other persons as beingswho-matter, an alternative that has Kantian rather than consequentialist implications. (shrink)

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...) Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In this paper I tell the story of the evolution of the climate change regime, locating its origins in "the dream of Rio," which supposed that the nations of the world would join in addressing the interlocking crises of environment and development. I describe the failure at Copenhagen and then go on to discuss the "reboot" of the climate negotiations advocated by Eric A. Posner and David Weisbach. I bring out some ambiguities in their notion of International Paretianism, which is (...) supposed to effectively limit the influence of moral ideals in international affairs, and pose a dilemma. I go on to discuss the foundations of their views regarding climate justice, arguing that the most reasonable understandings of their favored theoretical views would not lead to some of their conclusions. Finally, I return to the climate regime, and make some observations about the road ahead, concluding that for the foreseeable future the most important climate change action will be within countries rather than among them. (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)

This chapter traces the origins of Kant's perfectionism, and so of his moral law, to the formal conception of 'nature' that emerges from his reflection on the work of Wolff and Baumgarten. The conceptual preparation for this move turns upon two hinges, both of which trace to Baumgarten's subtle modifications of Wollffian perfectionism, namely, his fuller articulation of a non-consequentialist, internal morality of actions and what I call a 'hyper-Leibnizian' account of the idea and formal structure of nature itself. The (...) fourth section shows how Kant discovers a new account of the a priori origin of this formal structure, which, when combined with his conception of unconditioned or transcendental freedom, allows him to locate an unconditioned, hence genuinely moral law, in freedom's lawlike unconditioned, intetentional imiposition of this same formal strcture, this homologia, on all its actions. In this way, the neo-Stoicism found in the earlier rationalist tradition, which bits us to 'live according to nature,' becomes in Kant the absolute duty to live according to reason's pure, a priori idea of a nature. (shrink)

Please contact me at [email protected] if you are interested in reading a particular chapter or being sent the entire manuscript for private use. -/- The thesis offers a comprehensive argument in favor of a regulationist approach to autonomous weapon systems (AWS). AWS, defined as all military robots capable of selecting or engaging targets without direct human involvement, are an emerging and potentially deeply transformative military technology subject to very substantial ethical controversy. AWS have both their enthusiasts and their detractors, prominently (...) advocating for a global preemptive ban on AWS development and use. Rejecting both positions, the author outlines a middle-of-the-road regulationist approach that is neither overly restrictive nor overly permissive. The disqualifying flaws of the rival prohibitionist approach are demonstrated in the process. After defining the core term of autonomy in weapon systems, the practical difficulties involved in applying an arms control regime to AWS are analyzed. The analysis shows that AWS are an extremely regulation-resistant technology. This feature when combined with their assumed high military utility makes a ban framework extremely costly to impose and enforce. As such it is ultimately very likely to fail at the benefit of the most unscrupulous international actors and at a very substantial risk to those abiding with international law. Consequently, to be ethically viable, a prohibitionist framework would need to offer substantial moral benefits impossible to attain through the rival regulationist approach. The remainder of the thesis undertakes to demonstrate that this is not the case. Comparing the considerations of military and strategic necessity to humanitarian concerns most commonly voiced by prohibitionists requires finding a common denominator for all values being referred to. Consequently, the thesis proceeds to show that both kinds of concerns are ultimately reducible to respect for basic human rights of all stakeholders, and so that the prohibitionist and regulationist approach may ultimately be compared in terms of consequences their adoption would generate for basic human rights realization. The author then evaluates both the potential humanitarian benefits, and the potential humanitarian hazards of AWS introduction. The benefits of leaving frontline combat to machines are outlined, with the unique kinds of suffering that would be abolished by such a development being described in detail. The arguments against AWS adoption are then divided into three classes: arguments related to alleged impossibility of compliance with The Laws of Armed Conflict, non-consequentialist and broad consequentialist arguments. This analysis, which comprises the greater part of the entire thesis, shows that the concerns behind compliance arguments are indeed substantial and have to be accommodated via a complex framework of best practices, regulations and localized restrictions on some kinds of AWS or AWS use in particular environments. They do not, however, justify a universal ban on using all the diverse forms of AWS in all environments. Non-consequentialist objections are found either reducible to other classes of arguments or thoroughly unconvincing, sometimes to the point of being actually vacuous. Broad consequentialist concerns are likewise found to be accommodable by regulation, empirically unfounded or causally disconnected from the actions of legitimate actors acquiring AWS, and therefore irrelevant to the moral permissibility of such actions. The author concludes that the proponents of prohibitionism are unable to point to moral benefits substantial enough to justify the costs and risks inherent in the approach. A global ban is, in fact, likely to have a worse humanitarian impact that well-regulated AWS adoption even if the strategic risks are disregarded. On the other hand, the analysis shows that there indeed exists an urgent need to regulate AWS through a variety of technological, procedural and legal solutions. These include, but are not limited to, a temporary moratorium on anti-personnel AWS use, development of internationally verified compliance software and eventual legal requirement of its employment, a temporary moratorium on AWS proliferation to state actors and a ban on their proliferation to non-state agents. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)