Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many (...) arguments for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical. (shrink)

Despite the recent backlash against epistemic consequentialism, an explicit systematic alternative has yet to emerge. This paper articulates and defends a novel alternative, Epistemic Kantianism, which rests on a requirement of respect for the truth. §1 tackles some preliminaries concerning the proper formulation of the epistemic consequentialism / non-consequentialism divide, explains where Epistemic Kantianism falls in the dialectical landscape, and shows how it can capture what seems attractive about epistemic consequentialism while yielding predictions that are harder (...) for the latter to secure in a principled way. §2 presents Epistemic Kantianism. §3 argues that it is uniquely poised to satisfy the desiderata set out in §1 on an ideal theory of epistemic justification. §4 gives three further arguments, suggesting that it (i) best explains the objective normative significance of the subject's perspective in epistemology, (ii) follows from the kind of axiology needed to solve the swamping problem together with modest assumptions about the relation between the evaluative and the deontic, and (iii) illuminates certain asymmetries in epistemic value and obligation. §5 takes stock and reassesses the score in the debate. (shrink)

You ought to save a larger group of people rather than a distinct smaller group of people, all else equal. A consequentialist may say that you ought to do so because this produces the most good. If a non-consequentialist rejects this explanation, what alternative can he or she give? This essay defends the following explanation, as a solution to the so-called numbers problem. Its two parts can be roughly summarised as follows. First, you are morally required to want the survival (...) of each stranger for its own sake. Secondly, you are rationally required to achieve as many of these ends as possible, if you have these ends. (shrink)

Interpersonal aggregation involves the combining and weighing of benefits and losses to multiple individuals in the course of determining what ought to be done. Most consequentialists embrace thoroughgoing interpersonal aggregation, the view that any large benefit to each of a few people can be morally outweighed by allocating any smaller benefit to each of many others, so long as this second group is sufficiently large. This would permit letting one person die in order to cure some number of mild headaches (...) instead. Most non-consequentialists reject thoroughgoing interpersonal aggregation despite also believing it is permissible to let one person die in order to prevent many cases of paraplegia instead. Non-consequentialists defend this asymmetry largely on the basis of intuition, and some rely on the notion of relevance to formalize the grounding intuitions. This article seeks to clarify and strengthen the non-consequentialist notion of relevance by engaging with three objections to it. (shrink)

There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good is knowledge, not (...) mere true belief, because the goodness of an epistemic state is connected to that state's ability to give us reasons. If I'm right about the value theory, this has a number of significant implications for the consequentialist project. First, the good-making features that attach to valuable full beliefs are not features of partial belief. The resulting value theory does not give us the values we need to give consequentialist justifications of credal norms. Second, the relevant kind of good does not call for promotion. It is good to know, but the rational standing of a belief is not determined by the belief's location in a ranked set of options. In the paper's final section, I explain why the present view is a kind of teleological non-consequentialism. There is a kind of good that is prior to the right, but as the relevant kind of good does not call for promotion the value theory shows us what is wrong with the consequentialist project. (shrink)

It is a curious fact about mainstream discussions of animal rights that they are dominated by consequentialist defenses thereof, when consequentialism in general has been on the wane in other areas of moral philosophy. In this paper, I describe an alternative, non‐consequentialist ethical framework and argue that it grants animals more expansive rights than consequentialist proponents of animal rights typically grant. The cornerstone of this non‐consequentialist framework is the thought that the virtuous agent is s/he who has the stable (...) and dominating disposition to treat all conscious animals, including non‐human conscious animals, as ends and not mere means. (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)

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)

Direct epistemic consequentialism is the idea that X is epistemically permissible iff X maximizes epistemic value. It has received lots of attention in recent years and is widely accepted by philosophers to have counterintuitive implications. There are various reasons one might suspect that the relevant intuitions will not be widely shared among non-philosophers. This paper presents an initial empirical study of ordinary intuitions. The results of two experiments demonstrate that the counterintuitiveness of epistemic consequentialism is more than a (...) philosophers' worry---the folk seem to agree! (shrink)

Consequentialism is seen by Philip Pettit mainly as a theory of the appropriate; in his conception of virtual consequentialism he is much less concerned with the theory of Good. Nevertheless, he pays attention to values such as rights, freedom, loyalty, confidence, dignity and love, although his analyses are isolated, and the connections with other values are not taken into account. He focuses especially on the values of freedom and rights. Contrary to Pettit, Amaryta Sen is much more concerned (...) with the latter, although there is no complex value framework to be find in his evaluator relative theory. He sees these values as the basis of the value system of any morais. (shrink)

After three decades in which needs, rights and egalitarianism have dominated the moral agenda among supporters of social housing, desert is making a controversial come-back. I argue that desert as a moral concept is useful but is secondary to other moral forces, rather than being a primary driving force itself. Its job is to allow us to factor responsibility into our moral interactions with others. Desert suffers from having kept bad company, and I outline the still resonant history of the (...) abuse of the concept when it was dominant in housing and other “poor relief”, but argue this should not blind us to its force. If we have a moral duty to provide social housing assistance, whether on the basis of need, rights or egalitarianism (but not pure utilitarianism), I argue that desert does have a legitimate limited role to play in adjusting the primary duty governing the allocation of that assistance. There are practical difficulties of restraining abuse of the concept of desert. But these are outweighed by the practical problems in ignoring it, as that can bring an allocation system into disrepute as well as leaving us unable to argue convincingly for appropriate restraint, rather than eradication, of the use of desert. (shrink)

Prominent critics of consequentialism hold that utilitarianism is not capable of accepting authentic human values, because the consequentialist viewpoint is impersonal. According to it consequentialist rationality has no axiological limits and it can think about doing the unthinkable. The main objective of the paper is to show that human dignity has a significant position in the author’s conception of ethics of social consequences arguing for a particular theory of the value of human dignity. The author argues that the ethics (...) of social consequences is capable of accepting human dignity as well as all authentic human moral values. He believes that ethical theory of social consequences can provide the element missing whose lack was unveiled by the critics of utilitarianism. (shrink)

The paper focuses on the differences between utilitarianism and non-utilitarian consequentialism.

An ethical theory is alienating if accepting the theory inhibits the agent from fitting participation in some normative ideal, such as some ideal of integrity, friendship, or community. Many normative ideals involve non-consequentialist behavior of some form or another. If such ideals are normatively authoritative, they constitute counterexamples to consequentialism unless their authority can be explained or explained away. We address a range of attempts to avoid such counterexamples and argue that consequentialism cannot by itself account for the (...) normative authority of all plausible such ideals. At best, consequentialism can find a more modest place in an ethical theory that includes non-consequentialist principles with their own normative authority. (shrink)

Comment on "The ethical 'elephant' in the death penalty 'room'". Arguments in defense of the death penalty typically fall into one of two groups. Consequentialist arguments point out beneficial aspects of capital punishment, normally focusing on deterrence, while non-consequentialist arguments seek to justify execution independently of its effects, for example, by appealing to the concept of retribution. Michael Keane's target article "The ethical 'elephant' in the death penalty 'room'" should, we believe, be read as an interesting new consequentialist defense of (...) physician involvement in capital punishment. (shrink)

Rights-based approaches and consequentialist approaches to ethics are often seen as being diametrically opposed to one another. In one sense, they are. In another sense, however, they can be reconciled: a ‘global’ form of consequentialism might supply consequentialist foundations for a derivative morality that is non-consequentialist, and perhaps rights-based, in content. By way of case study to illustrate how this might work, I survey what a global consequentialist should think about a recent dispute between Jeff McMahan and Henry Shue (...) on the morality and laws of war. (shrink)

According to the moral standards most of us accept and live by, morality generally permits us to refrain from promoting the good of others and instead engage in non-harmful projects of our own choice. This aspect of so-called ‘ordinary morality’ has turned out to be very difficult to justify. Recently, though, various authors, including Bernard Williams and Samuel Scheffler, have proposed “Integrity Theories” that would vindicate this aspect of ordinary morality, at least in part. They are generated by treating as (...) a default some moral theory, like consequentialism, that demands that we do a great deal of good. The theory is then modified so as to make room for individuals to pursue the projects they value most deeply, and perhaps their trivial interests as well—i.e., so as to respect individual integrity. This paper presupposes that Integrity Theories are correct and that, for the reasons given by others, they can explain why morality should grant us agent-centered prerogatives to pursue our own projects and interests. The goal is to extend this work in two respects. First, it will be shown that previous authors have not paid sufficient attention to ordinary morality’s conflicting pronouncements about agent-centered prerogatives. Second, it is argued that Integrity Theories can vindicate those conflicting intuitions by positing a special kind of obligations, relievable obligations. (shrink)

G.A. Cohen’s value conservatism entails that we ought to preserve some existing sources of value in lieu of more valuable replacements, thereby repudiating maximizing consequentialism. Cohen motivates value conservatism through illustrative cases. The consequentialist, however, can explain many Cohen-style cases by taking extrinsic properties, such as historical significance, to be sources of final value. Nevertheless, it may be intuitive that there’s stronger reason to preserve than to promote certain sources of value, especially historically significant things. This motivates an argument (...) that the weights of our reasons to preserve such things are especially strong relative to the amounts of value they bear. The value conservative can then explain these intuitions in non-consequentialist terms. There may be reason to preserve historically significant things as a matter of recognition respect for a cultural and historical heritage, or because it is virtuous to cultivate the right kind of connection with such a heritage. (shrink)

Can morality be so demanding that we have reason not to follow its dictates? According to many, it can, if that morality is a consequentialist one. We take the plausibility and coherence of this objection – the Demandingness Objection – as a given and are also not concerned with finding the best response to the Objection. Instead, our main aim is to explicate the intuitive background of the Objection and to see how this background could be investigated. This double aim (...) leads to different albeit connected threads of inquiry. We first outline the Objection, its different forms and how intuition figures in them. After this, we move on to consider the ongoing debate about the use of intuitions in (moral) philosophy with a focus on two challenges: what intuitions are and how we can detect them. To answer these challenges, we propose an account according to which moral intuitions are seemings that are characterized by being non-inferential, spontaneous, non-doxastic, phenomenologically distinctive, non-sensory, intrinsically motivating, and stable. Armed with these seven “markers” of moral intuition, we put a forward a complex experimental methodology and raise and respond to possible problems with it. (shrink)

The environmental crisis challenges the adequacy of traditional moral theories, particularly in the case of act consequentialism – the view that an act is morally right if and only if it brings about the best available outcome. Although anthropogenic climate change threatens the well-being of billions of humans and trillions of non-human animals, it is difficult for an act consequentialist to condemn actions that contribute to it, as each individual action makes no difference to the probability of whether climate (...) change will occur. Or so one argument goes. This chapter examines the limits and possibilities of a consequentialist approach to climate ethics. It discusses various types of consequentialist theories applicable to the current environmental situation. It outlines outcome-based strategies to address the no-difference problem and to promote individual climate action. Finally, it considers environmental cases of evaluative uncertainty and how a consequentialist could deal with them. (shrink)

The present article deals with specific normative concepts of Spinoza’s ethical system and compares them to certain aspects of the theory of ethics of social consequences. At first, a way to approach the problem of normativity in Spinoza is presented, concentrating on the obligatory character of rational - or intellectual - motives. Then, theoretical evidence is presented which links Spinoza to normative-ethical consequentialism. The basis for a consequentialist model of Spinoza’s ethics is the concept of perfection, and on this (...) basis it seems possible to consider its compatibility with non-utilitarian forms of consequentialism, such as ethics of social consequences. Conclusively, the paper’s aim is to present the possibility of considering Spinozian consequentialism as a non-utilitarian consequentialism, while considering ethics of social consequences as a contemporary form of Spinozian consequentialism. (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)

An idea that has attracted a lot of attention lately is the thought that consequentialism is a theory characterized basically by its agent neutrality.1 The idea, however, has also met with skepticism. In particular, it has been argued that agent neutrality cannot be what separates consequentialism from other types of theories of reasons for action, since there can be agent-neutral non-consequentialist theories as well as agent-relative consequentialist theories. I will argue in this paper that this last claim is (...) false. The paper is divided into four sections. Section one specifies two senses in which consequentialism is agent-neutral. Section two and three examine and reject, respectively, the claim that there are agent-relative consequentialist views as well as agent-neutral non-consequentialist views. I end the paper with some remarks on the plausibility, or better, the implausibility of characterizing consequentialism in terms other than agent neutrality. (shrink)

In his article, the author considers possible forms of relationship between Kant’s ethics and consequentialism. In this context, he analyses David Cummiskey’s views which are expressed in his book, Kantian Consequentialism (1996). He demonstrates the possibility of justifying the consequentialism on the basis of Kant’s ethics and its values. Likewise, several other authors (such as Scott Forschler, Philipp Stratton-Lake, Michael Ridge) are of the opinion of the possible compatibility of Kant’s ethics and consequentialism. On the other (...) hand, however, Christine M. Korsgaard is an example of a strict rejection of the similarity between Kant and the consequentialist ethics. The author based on the ethics of social consequences as a form of non-utilitarian consequentialism claims (like Cummiskey), that there are similarities between Kant’s ethics and consequentialism. Unlike Cummiskey, however, he sees similarity in the Kant’s formula of humanity and the understanding of humanity in ethics of social consequences, especially in the form of additional moral value. (shrink)

A familiar objection to restrictive consequentialism is that a restrictive consequentialist is incapable of having true friendships. In this paper I distinguish between an instrumentalist and a non-instrumentalist version of this objection and argue that while the restrictive consequentialist can answer the non-instrumentalist version, restrictive consequentialism may still seem vulnerable to the instrumentalist version. I then suggest a consequentialist reply that I argue also works against this version of the objection. Central to this reply is the claim that (...) a restrictive consequentialist is capable of true friendship if the value she aims for is not merely seen as a function of her self-regarding desires, but includes as a central constituent a form of objective value often referred to as 'flourishing' or 'self-realization'. (shrink)

In his recent book, The Dimensions of Consequentialism, Martin Peterson puts forward a new version of consequentialism that he dubs ‘multidimensional consequentialism’. The defining thesis of the new theory is that there are irreducible moral aspects that jointly determine the deontic status of an act. In defending his particular version of multidimensional consequentialism, Peterson advocates the thesis—he calls it DEGREE—that if two or more moral aspects clash, the act under consideration is right to some non-extreme degree. (...) This goes against the orthodoxy according to which—Peterson calls this RESOLUTION—each act is always either entirely right or entirely wrong. The argument against RESOLUTION appeals to the existence of so-called deontic leaps: the idea is that endorsing RESOLUTION would not give each relevant moral aspect its due in the final analysis. Our paper argues that, contrary to Peterson, all moral aspects remain visible in what can properly be called the final analysis of a moral theory that involves RESOLUTION, moral aspects do not have to remain visible in judgements of all-things-considered rightness or wrongness, respectively, introduction of what Peterson calls verdictive reasons does not change the overall picture in favour of DEGREE. We conclude that multi-dimensional consequentialists should accept RESOLUTION rather than DEGREE. (shrink)

This article investigates reasons to participate in non-deterministic elections, where the outcomes incorporate elements of chance beyond mere tie-breaking. The background context situates this inquiry within democratic theory, specifically non-deterministic voting systems, which promise to re-evaluate fairness and power distribution among voting blocs. This study aims to explore the normative implications of such electoral systems and their impact on our moral duty to vote. We analyze instrumental reasons for voting, including prudential and act-consequentialist arguments, alongside non-instrumental reasons, assessing their validity (...) in the context of non-deterministic systems. The results indicate that non-deterministic elections could strengthen the case for voting based on prudential and act-consequentialist grounds due to their proportional nature and the increased influence of each vote. We conclude that, while non-deterministic elections strengthen our duty to vote overall, they do not strengthen it for all the arguments in the literature. This paper contributes to the discourse on electoral systems by critically evaluating the moral obligation to vote in non-deterministic elections. (shrink)

Non-Consequentialist moral theories posit the existence of moral constraints: prohibitions on performing particular kinds of wrongful acts, regardless of the good those acts could produce. Many believe that such theories cannot give satisfactory verdicts about what we morally ought to do when there is some probability that we will violate a moral constraint. In this article, I defend Non-Consequentialist theories from this critique. Using a general choice-theoretic framework, I identify various types of Non-Consequentialism that have otherwise been conflated in (...) the debate. I then prove a number of formal possibility and impossibility results establishing which types of Non-Consequentialism can -- and which cannot -- give us adequate guidance through through a risky world. (shrink)

This article asks whether our moral duties are created by others’ non-compliance and whether we should fulfill them or not. For example, do we need to donate more of our income to eradicate world poverty because billionaires do not donate? If so, how much should we donate? In short, should we make up for others’ defaulting on their moral duties – and if so, how and to what extent? Such situations are called non-ideal circumstances in political philosophy. With the increasing (...) importance of non-ideal theories of justice and ethics, the question of how we should act in non-ideal situations has received more attention in the ethics literature in recent years. This article poses and addresses the question of whether we should take up the slack when others do not comply with their own moral duty. This article examines how consequentialism and contractualism might respond to non-ideal situations of taking up the slack and then defends a contractualist-constructivist approach to dealing with these situations. (shrink)

n this article I address the idea that recognition is fundamentally ambivalent: not only can there be bad forms of recognition – misrecognition, nonrecognition, disrespect – but that even the good or adequate forms of recognition may in some ways be detrimental to the recipient or sustain societal domination (Ikäheimo, Lepold, Stahl 2021). One version of the challenge is that social movements do better by focusing on other concepts than recognition, for their progressive aims. I will discuss the non-consequentialist nature (...) of adequacy of recognition, value pluralism, the rewards of submissiveness, dialectical progression to adequate recognition, and “ambivalence of being” as providing partial explanations for the ambivalence of recognition, while arguing that adequate recognition is only contingently ambivalent. By discussing these challenges, I continue to articulate a conception of mutual recognition and misrecognition that I have developed earlier (Laitinen 2002, 2003, 2010, 2012, Ikäheimo & Laitinen 2007). (shrink)

Teleological theories of reason and value, upon which all reasons are fundamentally reasons to realize states of affairs that are in some respect best, cannot account for the intuition that victims in non-identity cases have been wronged. Many philosophers, however, reject such theories in favor of alternatives that recognize fundamentally non-teleological reasons, second-personal reasons that reflect a moral significance each person has that is not grounded in the teleologist’s appeal to outcomes. Such deontological accounts appear to be better positioned to (...) identify the wrong committed against non-identity victims because a person wrongs another on such accounts if she violates his second-personal claims -- overall benefit to victims presents no obstacle to the identification of second-personal wrongdoing. Derek Parfit argues that non-identity is a problem for these deontological theories as well because the alleged victims are properly understood as consenting to the action in question, thereby waiving any such second-personal claim. But his arguments misrepresent the role of consent on such theories by articulating it through appeal to the very teleological theory of reasons that their advocates dismiss as inadequate. Properly understood, Parfit’s appeal to consent understood as retroactive endorsement only provides the answer on such deontological accounts to the question of whether, given that the non-identity victim is second-personally wronged, he is nonetheless better off existing. Indeed, it becomes clear that it is teleological theories for which non-identity poses a particular problem: they cannot -- while their deontological counterparts can – account for the intuition that non-identity victims have been wronged. (shrink)

In my essay I consider the imaginary case of a future mother who refuses to undergo genetic alteration on her germline although she knows that her, as yet unconceived, child will have a serious genetic disorder. I analyze the good and bad points of two branches of arguments directed against her decision, consequentialist and rights-based. Then I discuss whether accepting one line of these arguments or the other makes a difference in moral assessment. I conclude that, although from the preanalytical (...) perspective we strongly oppose the refusal of genetic treatment in my imaginary case, it is probably impossible to construct one coherent theory which embraces all possible moral dilemmas triggered by our actions which affect the number and the identity of future people. (shrink)

Relational egalitarians claim that a situation is just only if everyone it involves relates to one another as equals. It implies that relational egalitarians believe the ideal of “living as equals” (for short) is desirable, and furthermore, necessary for justice. In this paper, I distinguish three accounts of the desirability of the ideal: the instrumental value account, the non‐instrumental value account, and the non‐consequentialist account. I argue that the former two accounts cannot provide satisfying reasons for being a relational egalitarian. (...) Instead, the ideal of “living as equals” ought to be understood as fundamentally a moral requirement in a non‐consequentialist sense. In addition, a pluralist (though fundamentally non‐consequentialist) approach is welcome. (shrink)

Most non-consequentialists “let the numbers count” when one can save either a lesser or greater number from equal or similar harm. But they are wary of doing so when one can save either a small number from grave harm or instead a very large number from minor harm. Limited aggregation is an approach that reconciles these two commitments. It is motivated by a powerful idea: our decision whom to save should respect each person who has a claim to our help, (...) including those whom we fail to save. However, it has recently been argued that it is open to decisive objections. I develop a new limitedly aggregative view:Hybrid Balance Relevant Claims. This view is well grounded in the reasons we have to be skeptical of aggregation and resolves all recent challenges by paying careful attention to the rationale for limited aggregation. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of (...) Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

This is an encyclopedia entry on consequentializing. It explains what consequentializing is, what makes it possible, why someone might be motivated to consequentialize, and how to consequentialize a non-consequentialist theory.

Stringent non-consequentialist constraints on permitting horrendous evils pose a formidable challenge to the project of theodicy by limiting the ways in which it is permissible for God to do or allow evil for the sake of bringing about a greater good. I formulate a general and potent argument against all greater-good theodicies from the existence of robust side constraints on permitting evil. Then I contend that the argument fails. I begin by distinguishing between side constraints on doing evil and side (...) constraints on allowing evil, and then I draw on the work of David Lewis and Fiona Woollard to argue that, because of the unique ways that God is related to the world, it is plausible that God can both create and sustain our universe, despite all of its evils, without violating any of these constraints. (shrink)

The idea of homesteading can be extended to the realm of biological entities, to the ownership of information wherein organisms perform artifactual functions as a result of human development. Can the information of biological entities be ethically “homesteaded”: should humans (or businesses) have ownership rights over this information from the basis of mere development and possession, as in Locke’s theory of private property? I offer three non-consequentialist arguments against such homesteading: the information makeup of biological entities is not commonly owned, (...) and thus is not available for homesteading; the value of the individual biological entity extends to the information whereby it is constituted, and includes inalienable rights of an entity over itself and its information; and use of life as an information artifact makes an organism an unending means to an end rather than an end itself. I conclude that the information space of biological entities is not open for homesteading, not liable to private ownership, and should not be available for perpetual exploitation. (shrink)

Recently, a number of philosophers have argued that we can and should “consequentialize” non-consequentialist moral theories, putting them into a consequentialist framework. I argue that these philosophers, usually treated as a group, in fact offer three separate arguments, two of which are incompatible. I show that none represent significant threats to a committed non-consequentialist, and that the literature has suffered due to a failure to distinguish these arguments. I conclude by showing that the failure of the consequentializers’ arguments has implications (...) for disciplines, such as economics, logic, decision theory, and linguistics, which sometimes use a consequentialist structure to represent non-consequentialist ethical theories. (shrink)

Geach and Thomson have argued that nothing is just plain good, because ‘good’ is, logically, an attributive adjective. The upshot, according to Geach and Thomson, is that consequentialism is unacceptable, since its very formulation requires a predicative use of ‘good’. Reactions to the argument have, for the most part, been uniform. Authors have converged on two challenging objections . First, although the logical tests that Geach and Thomson invoke clearly illustrate that ‘good’, as commonly used, is an attributive, they (...) don’t show that ‘good’ lacks an intelligible predicative interpretation. Second, even if the English word ‘good’ fails to express the property of goodness, we can just stipulate that ‘good*’ expresses goodness and thus formulate consequentialism accordingly. The second objection is one way of voicing skepticism about the method of drawing substantive philosophical conclusions from considerations about ordinary language. In this essay, we present an argument, inspired by Geach and Thomson, which isn’t susceptible to the same objections but which supports the same conclusion. The significance of our argument for ethics is obvious; it challenges the intelligibility of standard consequentialism, and even certain forms of non-consequentialism. One might be inclined to think that a more sophisticated consequentialism, which relies on ‘good {possible world/state of affairs/outcome}’ instead of just ‘good’, evades the criticism. But we explain why the criticism can’t be so easily evaded. (shrink)

Suppose you can save only one of two groups of people from harm, with one person in one group, and five persons in the other group. Are you obligated to save the greater number? While common sense seems to say ‘yes’, the numbers skeptic says ‘no’. Numbers Skepticism has been partly motivated by the anti-consequentialist thought that the goods, harms and well-being of individual people do not aggregate in any morally significant way. However, even many non-consequentialists think that Numbers Skepticism (...) goes too far in rejecting the claim that you ought to save the greater number. Besides the prima facie implausibility of Numbers Skepticism, Michael Otsuka has developed an intriguing argument against this position. Otsuka argues that Numbers Skepticism, in conjunction with an independently plausible moral principle, leads to inconsistent choices regarding what ought to be done in certain circumstances. This inconsistency in turn provides us with a good reason to reject Numbers Skepticism. Kirsten Meyer offers a notable challenge to Otsuka’s argument. I argue that Meyer’s challenge can be met, and then offer my own reasons for rejecting Otsuka’s argument. In light of these criticisms, I then develop an improved, yet structurally similar argument to Otsuka’s argument. I argue for the slightly different conclusion that the view proposed by John Taurek that ‘the numbers don’t count’ leads to inconsistent choices, which in turn provides us with a good reason to reject Taurek’s position. (shrink)

Consequentialism is enticing, and yet it also seems overly demanding. As a result, many non-consequentialists try to explain why we aren’t required to maximize the good. One explanation is the Integrity Explanation: we aren’t required to maximize the good because morality must make room for us to pursue the projects we value most deeply. Some people hope that the Integrity Explanation will not just explain why consequentialism is false, but simultaneously vindicate the common-sense permission to generally refrain from (...) promoting the good of other people and instead spend our time on non-harmful actions of our choice. I argue that this hope is unrealistic, because if any version of the Integrity Explanation is correct, morality won’t contain broad permissions to refrain from promoting the good of others and do as we choose. Instead the basic structure of morality must be fundamentally different from what we usually take it to be. Our common-sense moral theories say that we take on responsibilities to others only in certain specific situations, but may otherwise engage in non-harmful actions of our choice. But if the Integrity Explanation is correct, then we are entitled to pursue our own interests to at least some extent, but unless we do, we come under obligations to maximize the good of others. (shrink)

The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been (...) offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

If a future AI system can enjoy far more well-being than a human per resource, what would be the best way to allocate resources between these future AI and our future descendants? It is obvious that on total utilitarianism, one should give everything to the AI. However, it turns out that every Welfarist axiology on the market also gives this same recommendation, at least if we assume consequentialism. Without resorting to non-consequentialist normative theories that suggest that we ought not (...) always create the world with the most value, or non-welfarist theories that tell us that the best world may not be the world with the most welfare, I propose a new theory that justifies giving some resources to humanity in the face of overwhelming AI well-being. I call this new theory, “Group Prioritarianism". (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

This paper is divided into three sections. The purpose of the first section is to show how the search for an alternative conception of practical normativity by contemporary moral philosophers keeps affinities with Nietzsche's attempt to overcome morality in the nineteenth century. In the second section, I assess the merits and limitations of Brobjer's attempt to affiliate Nietzsche with the ancient Greek tradition of virtue ethics. In the third section, I present the different motivations behind Nietzsche's critique of the moral (...) conception of practical normativity. I claim that this diversity of motivations makes his position unstable and helps us to explain why he oscillates between the consequentialist and the non-consequentialist view of perfectionism. Although I do not discuss it exhaustively in this paper, I point out some reasons why Nietzsche should have advocated a non-consequentialist view of perfectionism. (shrink)

Abstract Tom Dougherty observes that challenges to counting the numbers often cite John Taurek’s 1977 article, “Should the Numbers Count.” Dougherty, though sympathetic to Taurek’s (and others) critique of consequentialism’s aggregating good across individuals, defends a non-consequentialist principle for addition he calls “the Ends Principle. Take the case (he labels “Drug”) when an agent, possessing a dose of a lifesaving drug, can save one person with the entire dose, or two people, each of whom only need half the dose. (...) Dougherty argues that a rational agent, summing her altruistic goals (three), but unable to save all three, will save two. I give two criticisms of Dougherty’s paper. (1) He hasn’t ruled out, though acknowledging, the equal chance principle as deontological grounds for deciding Drug. (2) An agent using the Ends Principle in Drug, as he formulates it, will not have the requisite aims to make use of the Principle. I also consider an issue, little discussed, the conditions for aggregation in general. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An (...) act is permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

In this paper we present an account of practical rationality and weakness of will in terms of rational capacities. We show how our account rectifies various shortcomings in Michael Smith's related theory. In particular, our account is capable of accommodating cases of weak-willed behaviour that are not `akratic', or otherwise contrary to the agent's better judgement. Our account differs from Smith's primarily by incorporating resolve: a third rational capacity for resolute maintenance of one's intentions. We discuss further two ways to (...) explain the importance of resolve to practical rationality: one based on Richard Holton's recent work, and an alternative, non-consequentialist account. (shrink)

A view inherited from Max Weber states that purposive rational action, value rational action and affective action are three distinct types of social action that can compete, oppose, complement or substitute each other in social explanations. Contrary to this statement, I will defend the view that these do not constitute three different types of social actions, but that social actions always seem to concurrently involve rationality, normativity and affectivity. I show this by discussing the links between rational actions and (...) class='Hi'>consequentialism and non-consequentialism, and by elaborating on certain major relationships between rationality, normativity and emotions. (shrink)