In my forthcoming book, How to Count Animals, More or Less (based on my 2016 Uehiro Lectures in Practical Ethics), I argue for a hierarchical approach to animal ethics according to which animals have moral standing but nonetheless have a lower moral status than people have. This essay is an overview of that book, drawing primarily from selections from its beginning and end, aiming both to give a feel for the overall project and to indicate the general shape of the (...) hierarchical position that I defend there. In this essay, I contrast the hierarchical approach with its most important rival (which holds that people and animals have the very same moral status), sketch the main idea behind one central argument for hierarchy, and briefly review three potentially troubling implications of the hierarchical view. I close with a discussion of a promising possible solution to the most worrisome of the three objections. (shrink)

Shelly Kagan has recently defended the view that it is morally worse for a human being to suffer some harm than it is for a lower animal (such as a dog or a cow) to suffer a harm that is equally severe (ceteris paribus). In this paper, I argue that this view receives rather less support from our intuitions than one might at first suppose. According to Kagan, moreover, an individual’s moral status depends partly upon her ‘modal capacities.’ In (...) this paper, I argue that the most natural strategy for justifying Kagan’s theory faces some important challenges. More generally, I argue that philosophers who wish to defend the view that human beings have a higher moral status than that of the lower animals face a dilemma. Either their theory of moral status will imply (unacceptably) that some severely cognitively impaired human beings have a significantly lower moral status than that of typical human beings, or these philosophers will be forced to ground moral status in a set of properties so far removed from a subject’s actual capacities that it will become difficult to see why these kinds of properties should have such moral importance. (shrink)

In the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...) Shelly Kagan uses a similar claim to motivate the view that equality is not intrinsically valuable. Thomas Hurka argues that desert is a third-order value, which is a function of the relation between the second-order value of having a virtuous or vicious character and the first-order value of experiencing pleasure or pain. In this paper, we sketch a theory of desert as fittingness and defend a general account of the relation between desert, well-being, and intrinsic value. We then discuss various applications of our “geometry of desert,” including a solution to the problem of the Repugnant Conclusion. In so doing, we explain, revise, and extend many of these authors’ central ideas. (shrink)

The prevalent view in animal ethics is that speciesism is wrong: we should weigh the interests of humans and non-humans equally. Shelly Kagan has recently questioned this claim, defending speciesism against Peter Singer’s seminal argument based on the principle of equal consideration of interests. This critique is most charitably construed as a dilemma. The principle of equal consideration can be interpreted in either of two ways. While it faces counterexamples on the first reading, it makes Singer’s argument question-begging on (...) the second. In response, Singer has grasped the first horn of this dilemma and tried to accommodate Kagan’s apparent counterexamples. In my opinion, this attempt is unpersuasive: the principle of equal consideration is inconsistent with common-sense intuitions on Kagan’s cases. Worse, Singer’s argument begs the question anyway. It therefore faces two serious objections. This is not to say that there is nothing wrong with speciesism, however. In the second half of the paper, I propose another, better argument against speciesism, which I argue is immune to both objections. According to this other argument, speciesism is wrong because it involves discriminating on the basis of a merely biological property. (shrink)

Since Shelly Kagan pointed out the relative neglect of ill-being in philosophical discussions, several philosophers have contributed to an emerging literature on its constituents. In doing so, they have explored possible asymmetries between the constituents of ill-being and the constituents of positive well-being. This paper explores some possible asymmetries that may arise elsewhere in the philosophy of ill-being. In particular, it considers whether there is an asymmetry between the contribution made to prudential value by equal quantities of goods and (...) bads. It then considers a similar question about the contributions made to moral value by equal quantities of ill-being and positive well-being. The paper explores some of the difficulties involved in assessing these questions. It ends by considering broader differences, both practical and theoretical, between the significance of ill-being and of positive well-being. (shrink)

Many prominent ethicists, including Shelly Kagan, John Rawls, and Thomas Scanlon, accept a kind of epistemic modesty thesis concerning our capacity to carry out the project of ethical theorizing. But it is a thesis that has received surprisingly little explicit and focused attention, despite its widespread acceptance. After explaining why the thesis is true, I argue that it has several implications in metaethics, including, especially, implications that should lead us to rethink our understanding of Reductive Realism. In particular, the (...) thesis of epistemic modesty in ethics implies a kind of epistemic modesty about the metaphysical nature of ethics, if Reductive Realism about the metaphysical nature of ethics is true, and it implies that normative concepts are indispensable to practical deliberation in a way that answers an influential objection to Reductive Realism from Jonathan Dancy, David Enoch, William FitzPatrick, and Derek Parfit. (shrink)

Following Shelly Kagan’s useful terminology, foundational consequentialists are those who hold that the ranking of outcomes is at the foundation of all moral assessment. That is, they hold that moral assessments of right and wrong, virtuous and vicious, morally good and morally bad, etc. are all ultimately a function of how outcomes rank. But foundational consequentialists disagree on what is to be directly evaluated in terms of the ranking of outcomes, which is to say that they disagree on what (...) the primary evaluative focal point is. Act-consequentialists take acts to be the primary evaluative focal point. They evaluate acts in terms of how their outcomes rank (the higher ranked the outcome, the morally better the act), but evaluate everything else in terms of the morally best acts. Thus, the morally best rules are those that would, if internalized, most reliably lead us to perform the morally best acts. Rule-consequentialists, by contrast, take rules to be the primary evaluative focal point. They evaluate rules according to how their outcomes rank and then assess everything else in terms of the morally best rules. Thus, the morally best acts are those that conform to the morally best rules. In this paper, I argue that foundational consequentialists should not take the primary evaluative focal point (or points) to be acts, rules, virtues, or even everything. In so doing, I argue against act-consequentialism, rule-consequentialism, and global consequentialism. But my project is not entirely negative, for I argue that the primary evaluative focal point should be a complex of acts and attitudes. In the end, then, I claim that foundational consequentialists should accept a new kind of consequentialism, which I call attitude-consequentialism. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the first of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the analysis of the distinction between doing and allowing harm. I explore some of the most prominent attempts to analyse this distinction:. Philippa Foot’s sequence account, Warren (...) Quinn’s action/ inaction account, and counterfactual test accounts put forward by Shelly Kagan and Jonathan Bennett. I also discuss Jeff McMahan’s account of the removal of barriers to harm. I argue that analysis of the distinction has often been made more difficult by two mistaken assumption: (1) the assumption that when an agent does or allows harm his behaviour makes the difference to whether or not the harm occurs (2) the assumption that the distinction between doing and allowing and the distinction between action and inaction are interchangeable. I suggest that Foot’s account is the most promising account of the doing/allowing distinction, but that it requires further development. (shrink)

Peter Singer famously argues that speciesism, like racism and sexism, is based on a preju-dice. As Singer argues, since we reject racism and sexism, we must also reject speciesism. Since Singer articulated this line of reasoning, it has become a widespread argument against speciesism. Shelly Kagan has recently critiqued this argument, claiming that one can endorse speciesism with-out doing so on the basis of a prejudice. In this paper, I defend Kagan’s conclusion (that one can endorse speciesism without being (...) prejudiced). However, many philosophers have found Kagan’s argument deeply unsatisfactory; so, I advance an alternative argument, different from Kagan’s, in support of his conclusion. My argument runs as follows: I argue that, if there is epistemic peer dis-agreement about a view, then the parties to this disagreement cannot reasonably label each other as prejudiced in their beliefs about this view. Then, I argue that there is epistemic peer disagreement about the truth of speciesism, from which it follows that the parties to this disagreement cannot rea-sonably label each other as prejudiced. Thus, one can affirm speciesism without being prejudiced. If I am correct that one can affirm speciesism without being prejudiced, then Singer’s argument (that if one rejects racism, one must reject speciesism) is unsound. (shrink)

Does the moral badness of pain depend on who feels it? A common, but generally only implicitly stated view, is that it does not. This view, ‘unitarianism’, maintains that the same interests of different beings should count equally in our moral calculus. Shelly Kagan’s project in How to Count Animals, more or less is to reject this common view, and develop an alternative to it: a hierarchical view of moral status, on which the badness of pain does depend on (...) who feels it. In this review essay, we critically examine Kagan’s argument for status hierarchy. In particular, we reject two of the central premises in his argument: that moral standing is ultimately grounded in agency and that unitarianism is overdemanding. We conclude that moral status may, despite Kagan’s compelling argument to the contrary, not be hierarchical. (shrink)

Die Moralphilosophie des 20. und 21. Jahrhunderts hat mit Konsequentialismus, Deontologie, Kontraktualismus und Tugendethik nicht nur höchst einflussreiche Theorieparadigmen produktiv weiterentwickelt, sondern auch eine Reihe wichtiger neuer Probleme aufgeworfen. Der vorliegende Band versammelt zentrale Beiträge der analytischen Moralphilosophie, u. a. von David Gauthier, Shelly Kagan, Frances Kamm, Thomas Nagel, Michael Slote, Christine Swanton und Susan Wolf, die für ein Verständnis gegenwärtiger Diskussionen in der normativen Ethik unabdingbar sind. -/- Inhaltsverzeichnis: Vorwort Einleitung: Analytische Moralphilosophie der Gegenwart -/- 1. Konsequentialismus (...) class='Hi'>Shelly Kagan: Ein Plädoyer gegen die Alltagsmoral Peter Railton: Entfremdung, Konsequentialismus und die Anforderungen der Moral -/- 2. Deontologie Thomas Nagel: Ethik William David Ross: Was macht richtige Handlungen richtig? -/- 3. Kontraktualismus David Gauthier: Warum Kontraktualismus? Thomas Scanlon: Die Struktur des Kontraktualismus -/- 4. Tugendethik Christine Swanton: Eine tugendethische Theorie des richtigen Handelns Michael Slote: Akteursbasierte Tugendethik -/- 5. Moralische Aggregation John Taurek: Zählt die Anzahl? Frances M. Kamm: Aggregation und zwei moralphilosophische Methoden -/- 6. Das Prinzip der Doppelwirkung Jonathan Bennett: Vorhergesehene Nebenwirkungen vs. beabsichtigte Folgen Ralph Wedgwood: Zur Verteidigung der Lehre von der Doppelwirkung -/- 7. Moralische Rechte H. L. A. Hart: Gibt es natürliche Rechte? Joseph Raz: Über die Beschaffenheit von Rechten -/- 8. Moralischer Zufall Thomas Nagel: Moralischer Zufall Susan Wolf: Die Moral des moralischen Zufalls. (shrink)

This paper examines the relationships between Romantic painting, poetry, and philosophy, historically tracing the circulation of images used to communicate sublimity (for example, images of ruins, storms, volcanoes, and so on). Kant's "Critique of Judgment" deployed the same vocabulary of images that appear in Coleridge and Shelly, in Church and in Turner. The discussion thereby places Kant's 3rd Critique within its cultural context. But it also reveals the massive shift from Enlightenment rationalism to 19th century historicism that Romanticism enacted, (...) and Kant's resistance to, and unwilling participation, in that shift. For the nostalgic logic of ruins, and the irruption of geological time, both of which were conceived and negotiated through sublimity, cannot be assimilated within Kant's philosophy. The treatment of the sublime in the "Critique of Judgment" represents Kant's philosophy straining at its own limits in the attempt to develop a philosophy of history and to articulate an historicized philosophical anthropology. Therefore, read through art history, Kant's 3rd. Critique represents a vital transition between Enlightenment rationalism/beauty and Romantic historicism/sublimity, along with the work of Beethoven, Goya, and the Marquis de Sade. (shrink)

This chapter introduces topical issues in the ethical debate on speciesism. It does so against a background of the history of the debate and with an emphasis on concerns that arise at the intersection of speciesism and science. The term speciesism was coined in the 1970s by Richard Rider and popularized by Peter Singer, who defined speciesism as “a prejudice or attitude of bias in favor of the interests of members of one’s own species and against those of members of (...) other species.” Critiques of speciesism are undergirded by the principle that comparable interests should be given equal consideration, regardless of species-membership. To what extent the interests of humans and non-humans are comparable, however, has been a matter of contention and is partly beholden to empirical findings. Diverging opinions on this matter have given rise to a variety of more and less species-egalitarian views, often paired with rivalling accounts of “moral status”. A minority of ethicists have explicitly defended speciesism or some version thereof, including Bernard Williams and, more recently, Shelly Kagan. Apart from the back-and-forths between critics and defenders, the speciesism debate has transformed over the last decade, in three respects. First, discourse on animal ethics has witnessed a “political turn”, moving away from analyses of moral status and towards discussions of human-animal relations in interspecies societies. Secondly, apart from anthropocentric speciesism, i.e., privileging humans over non-humans, there has been an increasing interest in non-anthropocentric speciesism, i.e., privileging some non-human species over others. Thirdly, speciesism has been endorsed as a prominent topic in the new, activist-leaning research field of Critical Animal Studies, and has recently garnered substantial attention from psychologists. As these disciplinary changes and conceptual refinements suggest, half a century after its coinage, speciesism continues to be an important scholarly and ethical concept whose history is still in the making. (shrink)

In How to Count Animals, more or less, Shelly Kagan sketches and argues for a hierarchical account of moral status. Although the book is fairly lengthy at 304 pages of text, Kagan is correct in calling it a sketch, since what this book provides us with is a foray into one aspect that a comprehensive ethical theory must include, in his view, if it is to be plausible. Even so, the work that he does, if one accepts hierarchy, opens (...) up many different avenues to be further pursued in animal ethics. (shrink)

This article identifies empirical, conceptual and normative avenues to advance the speciesism debate. First, I highlight the application of Evolutionary Debunking Arguments (EDAs) as one such avenue: especially where (anti-)speciesist positions heavily rely on appeals to moral intuition, and EDAs have potential to move the debate forward. Second, an avenue for conceptual progress is the delineation of speciesism from other views in its vicinity, specifically from the view that biological differences between species are sometimes morally relevant (‘species-relativism’). Third, if we (...) adopt Singer’s definition of speciesism, then a limitation of the current debate is that it is not obvious whether the core ethical principle that underlies anti-speciesist positions—the Principle of Equal Consideration of Interests—is widely applicable. Arguably, the interests of animals are often too dissimilar to establish what equal consideration amounts to. I underscore the need for integrating philosophical and empirical research, to come to terms with the extent to which the interests of members of different species are alike, and with the question of whether any dissimilarities might be morally relevant. (shrink)

In Byron, Shelley, and Goethe’s Faust, author Ben Hewitt has provided us with a carefully done and convincing study. Given this, it would have been interesting to see Hewitt’s effort to integrate Mary Shelley’s work into his narrative. Apart from any similarities between Faust and Frankenstein, it bears remembering that Goethe himself remained unconvinced by efforts to clearly demarcate works as “tragic” or “epic”; a fact that becomes especially clear in the number of works he’d devoted to rewriting the story (...) of Prometheus. One cannot help but wish that Hewitt had considered the connection between these works and Shelley’s own “Modern Prometheus” in juxtaposition to his reading of P.B. Shelley’s Prometheus Unbound, for this would have made for an especially good ending to Hewitt’s story. Wayne Deakin’s consideration of Hegel and the English Romantic Tradition does indeed close with a brief consideration of Mary Shelley’s Prometheus, but this comes only at the end of a much longer set of considerations. In this book Deakin adopts a similar strategy as that of Hewitt, namely, foregoing any historical recovery of Hegel’s direct influence on the English Romantics—in Deakin’s case, Coleridge, Wordsworth, and P.B. Shelley—to focus instead on a reading of key poetic works in concert with their Hegelian framework. This reading essentially flows from Deakin’s effort to rethink Hegel’s relatively early notion of self-consciousness through his late lectures on aesthetics. For Deakin, this leads to “aesthetic recognition”; a situating of the self in relation to the world that remains in tension so far as the subject’s drive for autonomy will automatically be humbled by its reception of and to alterity—be that other “Nature” or other subject. (shrink)