Consequentialism, many philosophers have claimed, asks too much of us to be a plausible ethical theory. Indeed, the theory's severe demandingness is often claimed to be its chief flaw. My thesis is that as we come to better understand this objection, we see that, even if it signals or tracks the existence of a real problem for Consequentialism, it cannot itself be a fundamental problem with the view. The objection cannot itself provide good reason to break with Consequentialism, because it (...) must presuppose prior and independent breaks with the view. The way the objection measures the demandingness of an ethical theory reflects rather than justifies being in the grip of key anti-Consequentialist conclusions. We should reject Consequentialism independently of the Objection or not at all. Thus, we can reduce by one the list of worrisome fundamental complaints against Consequentialism. (shrink)

Andrew Chignell and Omri Boehm have recently argued that Kant’s pre-Critical proof for the existence of God entails a Spinozistic conception of God and hence substance monism. The basis for this reading is the assumption common in the literature that God grounds possibilities by exemplifying them. In this article I take issue with this assumption and argue for an alternative Leibnizian reading, according to which possibilities are grounded in essences united in God’s mind (later also described as Platonic ideas intuited (...) by God). I show that this view about the distinction between God’s cognition of essences as the ground of possibility and the actual world is not only explicitly stated by Kant, but is also consistent with his metaphysical picture of teleology in nature and causality during the pre-Critical period. Finally, I suggest that the distinction between the conceptual order of essences embodied in the idea of God and the order of the objects of experience plays a role in the transition into the Critical system, where it is transformed into the distinction between the intelligible and the sensible worlds. (shrink)

The nature of Kant’s criticism of his pre-Critical ‘possibility proof’ for the existence of God, implicit in the account of the Transcendental Ideal in the Critique of Pure Reason, is still under dispute. Two issues are at stake: the error in the proof and diagnosis of the reason for committing it. I offer a new way to connect these issues. In contrast with accounts that locate the motivation for the error in reason’s interest in an unconditioned causal ground of all (...) contingent existence, I argue that it lies in reason’s interest in another kind of unconditioned ground, collective unity. Unlike the conception of the former, that of the latter directly explains the problematic ontological assumption of the possibility proof, the existence of intelligible objects as the ground of possibility. I argue that such Platonic entities are assumed because they are amenable to the kind of unity prescribed by reason. However, since the interest in collective unity has a legitimate regulative use when applied to the systematic unity of nature, the conception of God entailed by the possibility proof is retained as a regulative idea of reason. (shrink)

Can we adequately account for our reasons of mere taste without holding that our desires ground such reasons? Recently, Scanlon and Parfit have argued that we can, pointing to pleasure and pain as the grounds of such reasons. In this paper I take issue with each of their accounts. I conclude that we do not yet have a plausible rival to a desire-based understanding of the grounds of such reasons.

These days, just about every philosophical debate seems to generate a position labeledinternalism. The debate I will be joining in this essay concerns reasons for action and their connection, or lack of connection, to motivation. The internalist position in this debate posits a certain essential connection between reasons and motivation, while the externalist position denies such a connection. This debate about internalism overlaps an older debate between Humeans and Kantians about the exclusive reason-giving power of desires. As we will see, (...) however, while these debates overlap, the new debate is importantly different from the old debate. (shrink)

The proposal I offer attempts to remedy the inadequacies of exclusive focus on well-being for moral purposes. The proposal is this: We should allow the agent to decide for herself where she wants to throw the weight that is her due in moral reflection, with the proviso that she understands the way that her weight will be aggregated with others in reaching a moral outcome. I will call this the "autonomy principle." The autonomy principle, I claim, provides the consequentialist's best (...) prospect for taking people into account morally in a way that they endorse. (shrink)

In the ‘Appendix to the Transcendental Dialectic’ of the Critique of Pure Reason, Kant contends that the idea of God has a positive regulative role in the systematization of empirical knowledge. But why is this regulative role assigned to this specific idea? Kant’s account is rather opaque and this question has also not received much attention in the literature. In this paper I argue that an adequate understanding of the regulative role of the idea of God depends on the specific (...) metaphysical content Kant attributes to it in the Critique and other writings. I show that neither a heuristic principle of conceptual systematicity, nor conceiving God as a hypothesis of an intelligent designer, can satisfy the demands of reason to make the unity and necessity of the laws of nature intelligible. Regarding the positive account about the metaphysical content of the idea of God, I support my argument by referring to Kant’s pre-critical discussion of the usefulness of the conception of God for the project of science, and by expounding Kant’s critical account of the necessity of the laws of nature. Thus my account sheds light on the continuity of Kant’s conception of God and his appropriation of his own rationalistic metaphysics. (shrink)

In his lectures on Logic and Metaphysics, Kant distinguishes between logical and real essences. While the former is related to concepts and is knowable, the latter is related to things and is unknowable. In this paper, I argue that the unknowability is explained by the modal characteristic of real essences as a necessitating ground on which a priori knowledge is impossible. I also show how this claim is related to the unknowable necessity of particular laws of nature. Since laws of (...) nature are conceived as grounded in real essences, the unknowability of the latter is equivalent to Kant's other claim that there can be no knowledge of the necessity of particular laws of nature. Necessity can only be known a priori, and therefore, the necessity of particular laws is only assumed and conceived as grounded in something unknowable, a real essence. This conclusion will allow me to attribute to Kant a position I label as “regulative essentialism”, meaning that real essences have an indispensable role in accordance with the rational interest to explain nature as a system of laws and natural kinds, combined with an epistemic humility about the correspondence of our empirical concepts to real essences. (shrink)

Libertarian self-ownership views in the tradition of Locke, Nozick, and the left-libertarians have supposed that we enjoy very powerful deontological protections against infringing upon our property. Such a conception makes sense when we are focused on property that is very important to its owner, such as a person’s kidney. However, this stringency of our property rights is harder to credit when we consider more trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining (...) that our rights against all infringements are very powerful threatens to implausibly make such pollution and trivial risk broadly impermissible. This paper suggests that self-ownership views have tended to inappropriately conflate the seriousness of different types of infringements and that treating all infringements so seriously is implausible because it would make too much impermissible. I consider several ways to avoid this result within a self-ownership framework and conclude that the best approach is to allow that the strength of the protection against infringements should be tied to the seriousness of the harm of the infringement. (shrink)

The authors argue against direction of fit accounts of the distinction between belief and desire.

It is well-known that in the fifth of his Cartesian Meditations, Husserl puts forth a theory of intersubjectivity. Most commentators of Husserl have read his Cartesian Meditations as presenting a theory of intersubjectivity whose basis is empathy, in the form of a process of constituting the sense of “other” in one’s own experience, as the primary origin of the intersubjective layer of experience. In this paper, I claim that the structure of intersubjectivity as Husserl presents it in the Cartesian Meditations (...) is articulated as being governed by a logic of parts and wholes rather than that of a phenomenology of empathy, and that the articulation of this logic demonstrates that the transcendental ego is intrinsically intersubjective. My main philosophical claim in this regard is that the way Husserl’s account of transcendental empathy unfolds in the Cartesian Meditations implies a prior fundamental mereological structure of which the individual transcendental ego is only a part. That is, the transcendental ego has an eidetic a-priori intersubjective structure, in the sense of being a moment of an intersubjectively structured transcendental whole. In this sense, rather than being a singulare tantum, it is more fitting to say that transcendental subjectivity is actually a plurale tantum. (shrink)

My favorite thing about this paper is that I think I usefully explicate and then mess with Bernard Williams's attempt to explain how his internalism is compatible with our ordinary practices of blame. There are a surprising number of things wrong with Williams's position. Of course that leaves my own favored subjectivism in a pickle, but still...

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

Many philosophers maintain that neither one’s reasons for action nor well-being are ever grounded in facts about what we desire or favor. Yet our reasons to eat a flavor of ice cream we like rather than one we do not seem an obvious counter-example. I argue that there is no getting around such examples and that therefore a fully stance independent account of the grounding of our reasons is implausible. At least in matters of mere taste our “stance” plays a (...) normative role in grounding reasons. (shrink)

Derek Parfit, in On What Matters, argues that all subjective accounts of normative reasons for action are false. This chapter focuses on his “Agony Argument.” The first premise of the Agony Argument is that we necessarily have current reasons to avoid our own future agony. Its second premise is that subjective accounts cannot vindicate this fact. So, the argument concludes, subjective accounts must be rejected. This chapter accepts the first premise of this argument and that it is valid. The main (...) thesis of this chapter is that subjectivists can account for our reasons to get pleasure and avoid agony. The chapter concludes that the Agony Argument does not justify the rejection of subjective accounts. The chapter also examines Parfit's understanding of the distinction between objective and subjective theories. The chapter claims Parfit offers a surprisingly narrow understanding of subjectivism such that even if his critique were successful, this would be bad news for fewer theories than we might have thought. Finally, the chapter replies to some possible worries about the arguments of this chapter. (shrink)

The conviction that ‘intention’ is not semantically ambiguous but has a single and distinctive meaning frames the argument of Anscombe’s masterwork Intention. What this meaning is, however, is barely recognizable in her book. One reason for this difficulty is that Intention starts from a threefold division of the appearance of the concept in our natural language and proceeds to develop its various accounts piecemeal. Another is the obscurity of the notion of ‘practical knowledge’ it introduces, precisely for shedding the light (...) that would make its topic perspicuous as a whole. The present article aims to amend this obscurity by providing both a schema of unity for the various parts of the division and an account of the fixed character of the concept. For the former task, the article recaptures Anscombe’s technical use of the term ‘a kind of statement’, uses it to clarify the nature of the division’s parts, and argues that they are co-constituted in a larger context of rational proceedings. Having done this, the article shows that the point of such proceedings is to display the validity of practical reasoning in a given case. It analyses Anscombe’s account of this kind of validity, providing thereby the representation of the fixed character of ‘intention’ as a distinct form of thinking. (shrink)

Subjectivism, desires, reasons, well-being, ethics.

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...) instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

This paper articulates and defends a novel hybrid account of well-being. We will call our view a Robust Hybrid. We call it robust because it grants a broad and not subservient role to both objective and subjective values. In this paper we assume, we think plausibly but without argument, that there is a significant objective component to well-being. Here we clarify what it takes for an account of well-being to have a subjective component. Roughly, we argue, it must allow that (...) favoring attitudes that are not warranted by the lights of objective values can ground benefits. Given this understanding, we show that there is an important and unrecognized expansion in the resources available to fully objectivist views: namely that such views can help themselves to the value of warranted love of objective goods. Such a move by the objectivist can help them respond to concerns that, on their view, a person’s well-being can be too alien to them. We next argue that, nonetheless, such objectivist views are still unconvincing due to their lack of a subjective component. This motivates a move from fully objective accounts to hybrid accounts. We show that many prominent hybrid theories in the literature are inadequate because they implausibly minimize the subjective component. This motivates a move to a robust hybrid view that has an expanded subjectivist component. We conclude with some remarks about the interrelation between the subjective and objective components in the hybrid account that we favor and a role for resonance in a theory of well-being other than serving as a hard constraint on any benefit. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...) has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

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

This paper examines possible interpretations of the Demandingness Objection as it is supposed to work against Consequentialist ethical theories.

This essay focuses on three recent books on morality and virtue, Michael Slote's 'Morals from Motives', Rosalind Hursthouse's 'On Virtue Ethics', and Philippa Foot's 'Natural Goodness'. Slote proposes an "agent-based" ethical theory according to which the ethical status of acts is derivative from assessments of virtue. Following Foot's lead, Hursthouse aims to vindicate an ethical naturalism that explains human goodness on the basis of views about human nature. Both Hursthouse and Slote take virtue to be morally basic in a way (...) that Foot, to her credit, does not. We argue that all three views face a range of serious difficulties. (shrink)

Kant's “Religion Within the Boundaries of Mere Reason” seems an odd element in Kant's oeuvre. Parts of it seem like scholastic theology or an arbitrary effort to reconcile the Kantian philosophical system with the doctrines of Christianity1. One of the most troubling notions is that of radical evil. Not only is the motivation for introducing the notion unclear, it is also difficult to grasp the line of argumentation, and furthermore accept its conclusion that there must be an innate propensity for (...) evil in human nature. The vague introduction of the concept of grace exacerbates the puzzlement even further. Nevertheless, I claim that the notions of radical evil and grace form a significant addition to Kant's conception of moral life lacking in his earlier works in ethics, Groundwork to the Metaphysic of Morals and the Critique of Practical Reason. I contend that the depiction of human moral life is not exhausted by the consciousness of duty and the endless pursuit toward virtue. Moral life is characterized also by the ongoing introspection of character accompanied by the hope for moral transformation as manifested by the notions of radical evil and grace. (shrink)

I examine what the point of self-ownership might best be thought to be.

I explore the ethical issues involved in eating meat.

Libertarian self-ownership views have traditionally maintained that we enjoy very powerful deontological protections against any infringement upon our property. This stringency yields very counter-intuitive results when we consider trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining that other people's rights against all infringements are very powerful threatens to undermine our liberty, as Nozick saw. In this paper I consider the most sophisticated attempts to rectify this problem within a libertarian self-ownership framework. (...) I argue that all of these responses are significantly flawed. (shrink)

In the aftermath of World War II, U.S. policy toward the Asian colonies of the European powers followed a simple rule: where the nationalists in a territory were leftist (as in Vietnam), Washington would support the reimposition of European colonial rule, while in those places where the nationalist movement was safely nonleftist (India, for example), Washington would support their independence as a way to remove them from the exclusive jurisdiction of a rival power. At first, Indonesian nationalists were not deemed (...) sufficiently pliable, so U.S.-armed British troops (assisted by Japanese soldiers) went into action against the Indonesians to pave the way for the return of Dutch troops, also armed by the United States. In 1948, however, moderate Indonesian nationalists under Sukarno crushed a left-wing coup attempt, and Washington then decided that the Dutch should be encouraged to settle with Sukarno, accepting Indonesian independence. (shrink)

Richard Kraut's neo-Aristotelian account of well-being, Developmentalism, aspires to explain not only which things are good for us but why those things are good for us. The key move in attempting to make good on this second aspiration involves his claim that our ordinary intuitions about what is good for a person can be successfully explained and systematized by the idea that what benefi ts a living thing develops properly that living thing's potentialities, capacities, and faculties. I argue that Kraut's (...) understanding of such proper development plays no serious constraining role in shaping the details of the account. If this is correct, Developmentalism lacks the potential to explain or vindicate the intuitions about what is good for us that it champions. In effect, Kraut offers us a list of things that he claims benefits a person, but he lacks a theory of what those things have in common such that they benefit him. (shrink)

David Enoch, in Taking Morality Seriously, argues for a broad normative asymmetry between how we should behave when disagreeing about facts and how we should behave when disagreeing due to differing preferences. Enoch claims that moral disputes have the earmarks of a factual dispute rather than a preference dispute and that this makes more plausible a realist understanding of morality. We try to clarify what such claims would have to look like to be compelling and we resist his main conclusions.

Sobel sequences have had a huge impact on the discussion of counterfactuals. They can be composed of conditionals and mere descriptions. What is especially puzzling about them is that they are often felicitously uttered when their reversal is not. Up to now, there is no unified explanation. I examine two strategies. We might begin with conditionals and proceed to descriptions. Or we might begin with descriptions and proceed to conditionals. I argue for the latter variant and outline a universal (...) theory of Sobel sequences in terms of presuppositional anaphora. One relevant result is that the phenomenon neither counts against nor in favour of the simplified standard account of counterfactuals à la Stalnaker-Lewis. (shrink)

The paper begins with a well-known objection to the idea that reasons for action are provided by desires. The objection holds that since desires are based on reasons (first premise), which they transmit but to which they cannot add (second premise), they cannot themselves provide reasons for action. In the paper I investigate an attack that has recently been launched against the first premise of the argument by David Sobel. Sobel invokes a counterexample: hedonic desires, i.e. the likings (...) and dislikings of our present conscious states. The aim of the paper is to defend the premise by bringing the alleged counterexample under its scope. I first point out that reference to hedonic desires as a counterexample presupposes a particular understanding of pleasure, which we might call desire-based. In response, following Sobel, I draw up two alternative accounts, the phenomenological and the tracking views of pleasure. Although Sobel raises several objections to both accounts, I argue in detail that the phenomenological view is not as implausible as he claims it to be, whereas the tracking view, on its best version advocated by Thomas Scanlon, is an instance of the phenomenological view and is therefore also defensible. (shrink)

This is a review of David Sobel's monograph, From Valuing to Value: A Defense of Subjectivism.

This article examines the critique of materialism in the work of Noam Chomsky which treats the doctrine as lacking in any clear content. It is argued that Chomsky’s critique is a coherent one drawing on an understanding of the Newtonian revolution in science, on a modular conception of the mind, and on the related conception of epistemic boundedness. The article also seeks to demonstrate the limits of Chomsky’s position by drawing attention to his use of the third-person point of (...) view in considering the mental and his resulting failure to make good sense of consciousness. Finally, a dual-aspect theory is recommended which would incorporate Chomsky’s agnosticism about the nature of matter. (shrink)

Review of Sobel's From Valuing to Value.