G.A. Cohen is famous for his critique of John Rawls’s view that principles of justice are restricted in scope to institutional structures. In recent work, however, Cohen has suggested that Rawlsians get more than just the scope of justice wrong: they get the concept wrong too. He claims that justice is a fundamental value, i.e. a moral input in our deliberations about the content of action-guiding regulatory principles, rather than the output. I argue here that Cohen’s arguments for extending (...) the scope of justice equivocate across his distinction between fundamental principles of justice, i.e. principles that tell us what justice is; and regulatory principles of justice, i.e. principles that tell us what is required of us, all things – including justice – considered. Though Cohen initially had the regulatory sense of the word ‘justice’ in mind when critiquing the basic structure restriction, his replies to the problem of demandingness presuppose his own, fundamental sense of the word ‘justice’. The upshot is that he escapes demandingness at the cost of sacrificing regulatory justice’s capacity to provide clear guidance. I conclude by considering Peter Singer’s efforts to deal with demandingness in his own work on global poverty. Since Singer manages to deal with demandingness without giving up clarity, his work is a good a place to start in the search for regulatory principles that are suitable for the context of personal choice. (shrink)

Victor Tadros defends a subjective, intention-focused interpretation of the means principle (MP), according to which to use another as a means is to form plans or intentions in which the other serves as a tool for advancing one's ends. My thesis here is that Tadros's defense of the subjective interpretation of the MP is unsuccessful. To make that case I argue for three claims. First, the subjective interpretation has implausibly harsh implications in certain cases, implying that certain people (...) would be guilty of much more serious wrongs than they can plausibly be thought to have committed. Second, the cases that Tadros offers to argue that the subjective interpretation of the MP must be right are better interpreted as showing that it is impermissible to act on an illicit intention -- one that would direct an agent under certain, foreseeable circumstances to perform impermissible acts -- than that it is impermissible to act for an illicit reason. Third, while Tadros correctly rejects the objective, causal-role-focused interpretation of the MP -- according to which to use another as a means is for the other to play the causal role of means to the good which might be offered to justify the act one performs -- there is another way of defending the significance of causal roles, one that has implications that track those of the MP fairly closely. I argue elsewhere at length for this other principle, which I call the Restricting Claims Principle. Here I simply sketch the basic idea in a way sufficient to show that one can escape the dilemma that the MP faces without grabbing either the subjective or the objective horn, and without moving into a consequentialist world in which it is permissible to punish the innocent for the sake of the general welfare. (shrink)

Contra Todd Ryan’s interpretation, I argue that it is possible to reconstruct a metaphysical argument that does not restrict likeness in general to ideas. While I agree with Ryan that Berkeley’s writings provide us with the resources to reconstruct such an argument, I disagree with Ryan that this argument entails a restriction of likeness to ideas. Unlike Ryan, I argue that Berkeley is not committed to the claim that we can compare only ideas, but to the view that the only (...) thing that can be compared to an idea is another idea. (shrink)

S. Matthew Liao and Christian Barry argue that the patient-centered approach to deontology that I have developed—the restricting claims principle —‘is beset with problems.’ They think that it cannot correctly handle cases in which a potential victim sits in the path of an agent doing what she needs to do for some greater good, or in which a person’s property is used to benefit others and harm her. They argue that cases in which an agent does what (...) would be permissible but acts on a malicious reason show that agent intentions, rather than patientclaims, are fundamental to deontology. And they claim that the RCP presupposes the means principle in a way that shows that it is not really offering anything new. I argue here that all of these charges are mistaken. Doing so allows me to offer important refinements to the RCP, to highlight two common mistakes in reasoning about cases, and to set challenges for agentcentered approaches to deontology. (shrink)

I here settle a recent dispute between two rival theories in distributive ethics: Restricted Prioritarianism and the Competing Claims View. Both views mandate that the distribution of benefits and burdens between individuals should be justifiable to each affected party in a way that depends on the strength of each individual’s separately assessed claim to receive a benefit. However, they disagree about what elements constitute the strength of those individuals’ claims. According to restricted prioritarianism, the strength of a claim (...) is determined in ‘prioritarian’ fashion by both what she stands to gain and her absolute level of well-being, while, according to the competing claims view, the strength of a claim is also partly determined by her level of well-being relative to others with conflicting interests. I argue that, suitably modified, the competing claims view is more plausible than restricted prioritarianism. (shrink)

Contrastivism about ‘ought’ holds that ‘ought’ claims are relativized, at least implicitly, to sets of mutually exclusive but not necessarily jointly exhaustive alternatives. This kind of theory can solve puzzles that face other linguistic theories of ‘ought’, via the rejection or severe restriction of principles that let us make inferences between ‘ought’ claims. By rejecting or restricting these principles, however, the contrastivist takes on a burden of recapturing acceptable inferences that these principles let us make. This paper (...) investigates the extent to which a contrastivist can do this. (shrink)

In this article, I argue that G. A. Cohen’s defense of the feminist slogan, “The personal is political”, his argument against Rawls’s restriction of principles of justice to the basic structure of society, depends for its intelligibility on the ability to distinguish—with reasonable but perhaps not perfect precision—between those situations in which what Nancy Rosenblum has called “the logic of congruence” is validly invoked and those in which it is not. More importantly, I suggest that the philosophical shape of Cohen’s (...) critique makes it difficult for him to supply the required criterion, and that the methodological “intuitionism” he claims to be committed to is at odds with his larger argument against Rawls concerning the subject of justice. (shrink)

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

The central claim of my paper is that pragmatics has a wider scope of application than has been generally appreciated. In particular, I will argue that many discussions of pragmatics are guilty of a problematic form of provincialism. The provincialism at issue restricts the class of target systems of study to those involving groups of developmentally typical humans (or slightly idealized versions thereof), either explicitly as a matter of principle or implicitly as consequence of how it construes the underlying (...) pragmatic notions. In what follows, I will argue that this kind of provincialism is problematic because there are patterns of non-human animal social interaction that cannot be properly explained without recourse to the theoretical tool-kit of pragmatics. Crucially, rejecting provincialism about pragmatics does not entail that there are not important theoretical differences between human and non-human systems of pragmatics. It does, however, require that our core philosophical theories of social interaction and communication be centered on features independent not merely of those at work in human languages but also of uniquely human features of cognition and sociality more generally. (shrink)

In this paper, I defend Rudolf Carnap's Principle of Tolerance from an accusation, due to Michael Friedman, that it is self-defeating by prejudicing any debate towards the logically stronger theory. In particular, Friedman attempts to show that Carnap's reconstruction of the debate between classicists and intuitionists over the foundations of mathematics in his book The Logical Syntax of Language, is biased towards the classical standpoint since the metalanguage he constructs to adjudicate between the rival positions is fully classical. I (...) argue that this criticism is mistaken on two counts: (1) it fails to fully appreciate the freedom with regard to the construction of linguistic frameworks that Carnap intended his Principle to embody, and (2) Friedman's objection underestimates the extent to which the evaluation of a framework is task-relative. I conclude that Tolerance is not self-undermining in the way that Friedman claims it is. While this is a restricted conclusion -- and is not a vindication of Carnap's views on logic and mathematics tout court -- it nonetheless suggests that his tolerant perspective has been dismissed too quickly, even by his supporters. (shrink)

It is possible that the world contains infinitely many agents that have positive and negative levels of well-being. Theories have been developed to ethically rank such worlds based on the well-being levels of the agents in those worlds or other qualitative properties of the worlds in question, such as the distribution of agents across spacetime. In this thesis I argue that such ethical rankings ought to be consistent with the Pareto principle, which says that if two worlds contain the (...) same agents and some agents are better off in the first world than they are in the second and no agents are worse off than they are in the second, then the first world is better than the second. I show that if we accept four axioms – the Pareto principle, transitivity, an axiom stating that populations of worlds can be permuted, and the claim that if the ‘at least as good as’ relation holds between two worlds then it holds between qualitative duplicates of this world pair – then we must conclude that there is ubiquitous incomparability between infinite worlds. I show that this is true even if the populations of infinite worlds are disjoint or overlapping, and that we cannot use any qualitative properties of world pairs to rank these worlds. Finally, I argue that this incomparability result generates puzzles for both consequentialist and non-consequentialist theories of objective and subjective permissibility. (shrink)

DOIhttps://doi.org/10.25247/P1982-999X.2019.v19n1.p103-134• Esta obra está licenciada sob uma licençaCreative Commons Atribuição 4.0 InternacionalISSN 1982-999x|Pragmatic ambiguity and Kripke’s dialogue against DonnellanAmbiguidade Pragmática e o diálogo de Kripke contra DonnellanCarlo Penco (Universidade de Genova, Itália)AbstractIn this paper I discuss Donnellan’s claim of the pragmatic ambiguity of the distinction between referential and attributive uses of definite des-criptions. The literature on the topic is huge and full of alternative analysis. I will restrict myself to a very classical topos: the challenge posed by Kripke to Donnellan’s (...) distinction with the case of a dialogue on an attempt to update a misdescription. I claim that to treat the problem of the referential use of definite descriptions we need not only to take into account the context of utterance, but also the cognitive context with its epistemic restrictions and the possible different contexts of reception of the same utterance. I try to show different aspects of what can be called “pragmatic ambiguity”, which seem not correctly considered by Kripke, and connect them to the basic tenets of Grice Cooperative principle. (shrink)

According to representationalism, the qualitative character of our phenomenal mental states supervenes on the intentional content of such states. Strong representationalism makes a further claim: the qualitative character of our phenomenal mental states _consists in_ the intentional content of such states. Although strong representationalism has greatly increased in popularity over the last decade, I find the view deeply implausible. In what follows, I will attempt to argue against strong representationalism by a two-step argument. First, I suggest that strong representationalism must (...) be _unrestricted_ in order to serve as an adequate theory of qualia, i.e., it must apply to all qualitative mental states. Second, I present considerations to show that an unrestricted form of strong representationalism is problematic. (shrink)

War is almost always conducted with various restrictions in the form of rules, rituals, and taboos. Many of the norms that regulate warfare can be found in the tradition of just war. This tradition seeks to provide a middle ground between an unrealistic (at least for politicians) pacifism that does not even allow war in self-defence and a too realistic realism that claims there is no place for ethics in war. The tradition of just war does not have the (...) force of law; it provides, above all, a vocabulary to discuss war in moral terms. At the same time, the tradition does have an impact: it forms the basis of humanitarian law and the Geneva Conventions. Just like with laws, it is recognised here that imperfect adherence to these principles does not necessarily diminish their validity. Most proponents of the tradition believe that the principles of just war, even though some date back centuries, are sufficiently general to be applicable to contemporary conflicts, such as the Russo-Ukrainian War. If we apply the norms of the just war tradition to the current situation in Ukraine, we see that Russia is waging an unjust war in an unjust manner. (shrink)

Should our factual understanding of the world influence our normative theorising about it? G.A. Cohen has argued that our ultimate normative principles should not be constrained by facts. Many others have defended or are committed to various versions or subsets of that claim. In this paper I dispute those positions by arguing that, in order to resist the conclusion that ultimate normative principles rest on facts about possibility or conceivability, one has to embrace an unsatisfactory account of how principles generate (...) normative political judgments. So political theorists have to choose between principles ostensibly unbiased by our current understanding of human motivation and political reality, or principles capable of reliably generating political judgments. I conclude with wider methodological observations in defence of the latter option, and so of a return to political philosophy’s traditional blend of normative and descriptive elements. (shrink)

Some have claimed that there are laws of appearance, i.e. in principle constraints on which types of sensory experiences are possible. Within a representationalist framework, these laws amount to restrictions on what a given experience can represent. I offer an in-depth defence of one such law and explain why prevalent externalist varieties of representationalism have trouble accommodating it. In light of this, I propose a variety of representationalism on which the spatial content of experience is determined by intrinsic features (...) of conscious subjects. I conclude by considering an externalist-friendly reworking of my proposal, but suggest that the success of such a reworking is dubious. (shrink)

A critical but underdeveloped part of the libertarian debate about immigration is the question of who, if anyone, owns public property, and the consequences of the answer to this question. Libertarians who favor restrictive immigration policies, such as Hans-Hermann Hoppe, argue that taxpayers own public property, and that the state, while it is in control of such property, should manage it on behalf of taxpayers in the same way private owners would manage their own property. In other words, it should (...) be quite selective about who may enter. Walter Block, who takes an “open borders” position, does not appear to dispute the claim that taxpayers own public property, but nevertheless argues that immigrants are entitled to ignore the state’s control of, and thus may freely enter, such property. In this article I explore the question of public property ownership using Rothbardian property rights principles. I conclude that, at least with respect to a particular type of public property, neither Hoppe’s nor Block’s reasoning is consistent with these principles. I also consider the idea that the state ought to have a role in managing public property in light of some libertarian anarchist ideas about the state. I conclude that supporting a legitimate role for the state as an immigration gatekeeper is inconsistent with Rothbardian and Hoppean libertarian anarchism, as well as with the associated strategy of advocating always and in every instance reductions in the state’s role in society. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content (...) of distributive justice so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

This article forms part of a tribute to Anita L. Allen by the APA newletter on Philosophy and Law. It celebrates Allen's work, but also explains why her conception of privacy is philosophically inadequate. It then uses basic democratic principles and the example of the secret ballot to suggest how we might develop a more philosophically persuasive version of Allen's ideas.

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)

The independence phenomenon in set theory, while pervasive, can be partially addressed through the use of large cardinal axioms. A commonly assumed idea is that large cardinal axioms are species of maximality principles. In this paper, I argue that whether or not large cardinal axioms count as maximality principles depends on prior commitments concerning the richness of the subset forming operation. In particular I argue that there is a conception of maximality through absoluteness, on which large cardinal axioms are restrictive. (...) I argue, however, that large cardinals are still important axioms of set theory and can play many of their usual foundational roles. (shrink)

This book has three principle aims: to show that neither vision nor mental imagery involves the creation or inspection of picture-like mental representations; to defend the claim that our visual processes are, in significant part, cognitively impenetrable; and to develop a theory of “visual indexes”. In what follows, I assess Pylyshyn’s success in realising each of these aims in turn. I focus primarily on his arguments against “picture theories” of vision and mental imagery, to which approximately half the book (...) is devoted. I argue that Pylyshyn adopts an unnecessarily restricted interpretation of what it would be for mental representations to be picture-like, and that this leads him prematurely to reject the possibility of explaining the introspective evidence concerning the nature of mental imagery. (shrink)

Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states' positive duties to prevent (...) harm to people in sending countries. Furthermore, I defend this claim against the objection that health workers in poor countries acquire special duties to their compatriots that render them liable to coercive interference. (shrink)

Throughout his career, Schelling assigns knowledge of the absolute first principle of philosophy to intellectual intuition. Schelling's doctrine of intellectual intuition raises two important questions for interpreters. First, given that his doctrine undergoes several changes before and after his identity philosophy, to what extent can he be said to “hold onto” the same “sense” of it by the 1830s, as he claims? Second, given that his doctrine of intellectual intuition restricts absolute idealism to what he calls a “science (...) of reason”, which he says cannot prove the absolute’s existence, what other doctrine does he require in order to prove this? I will answer these questions by tracing the shifts in Schelling’s doctrine of intellectual intuition from the 1790s to the 1830s and drawing out its evolving methodological role within his science of intelligibility. (shrink)

Many theorists have proposed that we can use the principle of indifference to defeat the inductive sceptic. But any such theorist must confront the objection that different ways of applying the principle of indifference lead to incompatible probability assignments. Huemer offers the explanatory priority proviso as a strategy for overcoming this objection. With this proposal, Huemer claims that we can defend induction in a way that is not question-begging against the sceptic. But in this article, I argue (...) that the opposite is true: if anything, Huemer’s use of the principle of indifference supports the rationality of inductive scepticism. (shrink)

According to many philosophers, the world should embrace open borders – that is, let people move around the globe and settle as they wish, with exceptions made only in very specific cases such as fugitives or terrorists. Defenders of open borders have adopted two major argumentative strategies. The first is to claim that immigration restrictions involve coercion, and then show that such coercion cannot be morally justified. The second is to argue that adopting worldwide open borders policies would make the (...) world a much better place, particularly by improving average well-being. This essay contends that both of these argumentative strategies fail. Some immigration restrictions are not only morally justified, but morally required. (shrink)

Standard Type Theory, STT, tells us that b^n(a^m) is well-formed iff n=m+1. However, Linnebo and Rayo have advocated the use of Cumulative Type Theory, CTT, has more relaxed type-restrictions: according to CTT, b^β(a^α) is well-formed iff β > α. In this paper, we set ourselves against CTT. We begin our case by arguing against Linnebo and Rayo’s claim that CTT sheds new philosophical light on set theory. We then argue that, while CTT ’s type-restrictions are unjustifiable, the type-restrictions imposed by (...) STT are justified by a Fregean semantics. What is more, this Fregean semantics provides us with a principled way to resist Linnebo and Rayo’s Semantic Argument for CTT. We end by examining an alternative approach to cumulative types due to Florio and Jones; we argue that their theory is best seen as a misleadingly formulated version of STT. (shrink)

Aquinas, Ockham, and Burdan all claim that a person can be numerically identical over time, despite changes in size, shape, and color. How can we reconcile this with the Indiscernibility of Identicals, the principle that numerical identity implies indiscernibility across time? Almost all contemporary metaphysicians regard the Indiscernibility of Identicals as axiomatic. But I will argue that Aquinas, Ockham, and Burdan would reject it, perhaps in favor of a principle restricted to indiscernibility at a time.

According to the structured theory of propositions, if two sentences express the same proposition, then they have the same syntactic structure, with corresponding syntactic constituents expressing the same entities. A number of philosophers have recently focused attention on a powerful argument against this theory, based on a result by Bertrand Russell, which shows that the theory of structured propositions is inconsistent in higher order-logic. This paper explores a response to this argument, which involves restricting the scope of the claim (...) that propositions are structured, so that it does not hold for all propositions whatsoever, but only for those which are expressible using closed sentences of a given formal language. We call this restricted principle Closed Structure, and show that it is consistent in classical higher-order logic. As a schematic principle, the strength of Closed Structure is dependent on the chosen language. For its consistency to be philosophically significant, it also needs to be consistent in every extension of the language which the theorist of structured propositions is apt to accept. But, we go on to show, Closed Structure is in fact inconsistent in a very natural extension of the standard language of higher-order logic, which adds resources for plural talk of propositions. We conclude that this particular strategy of restricting the scope of the claim that propositions are structured is not a compelling response to the argument based on Russell’s result, though we note that for some applications, for instance to propositional attitudes, a restricted thesis in the vicinity may hold some promise. (shrink)

On a widespread naturalist view, the meanings of mathematical terms are determined, and can only be determined, by the way we use mathematical language—in particular, by the basic mathematical principles we’re disposed to accept. But it’s mysterious how this can be so, since, as is well known, minimally strong first-order theories are non-categorical and so are compatible with countless non-isomorphic interpretations. As for second-order theories: though they typically enjoy categoricity results—for instance, Dedekind’s categoricity theorem for second-order PA and Zermelo’s quasi-categoricity (...) theorem for second-order ZFC—these results require full second-order logic. So appealing to these results seems only to push the problem back, since the principles of second-order logic are themselves non-categorical: those principles are compatible with restricted interpretations of the second-order quantifiers on which Dedekind’s and Zermelo’s results are no longer available. In this paper, we provide a naturalist-friendly, non-revisionary solution to an analogous but seemingly more basic problem—Carnap’s Categoricity Problem for propositional and first-order logic—and show that our solution generalizes, giving us full second-order logic and thereby securing the categoricity or quasi-categoricity of second-order mathematical theories. Briefly, the first-order quantifiers have their intended interpretation, we claim, because we’re disposed to follow the quantifier rules in an open-ended way. As we show, given this open-endedness, the interpretation of the quantifiers must be permutation-invariant and so, by a theorem recently proved by Bonnay and Westerståhl, must be the standard interpretation. Analogously for the second-order case: we prove, by generalizing Bonnay and Westerståhl’s theorem, that the permutation invariance of the interpretation of the second-order quantifiers, guaranteed once again by the open-endedness of our inferential dispositions, suffices to yield full second-order logic. (shrink)

Logic arguably plays a role in the normativity of reasoning. In particular, there are plausible norms of belief/disbelief whose antecedents are constituted by claims about what follows from what. But is logic also relevant to the normativity of agnostic attitudes? The question here is whether logical entailment also puts constraints on what kinds of things one can suspend judgment about. In this paper I address that question and I give a positive answer to it. In particular, I advance two (...) logical norms of agnosticism, where the first one allows us to assess situations in which the subject is agnostic about the conclusion of a valid argument and the second one allows us to assess situations in which the subject is agnostic about one of the premises of a valid argument. (shrink)

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

Is logic normative for belief? A standard approach to answering this question has been to investigate bridge principles relating claims of logical consequence to norms for belief. Although the question is naturally an epistemic one, bridge principles have typically been investigated in isolation from epistemic debates over the correct norms for belief. In this paper we tackle the question of whether logic is normative for belief by proposing a Kripkean model theory accounting for the interaction between logical, doxastic, epistemic (...) and deontic notions and using this model theory to show which bridge principles are implied by epistemic norms that we have independent reason to accept, for example, theknowledge normand thetruth norm. We propose a preliminary theory of the interaction between logical, doxastic, epistemic and deontic notions that has among its commitments bridge principles expressing how logic is normative for belief. We also show how our framework suggests that logic is exceptionally normative. (shrink)

Theistic metaethics usually places one key restriction on the explanation of moral facts, namely: every moral fact must ultimately be explained by some fact about God. But the widely held belief that moral truths are necessary truths seems to undermine this claim. If a moral truth is necessary, then it seems like it neither needs nor has an explanation. Or so the objection typically goes. Recently, two proponents of theistic metaethics — William Lane Craig and Mark Murphy — have argued (...) that this objection is flawed. They claim that even if a truth is necessary, it does not follow that it neither needs nor has an explanation. In this article, I challenge Craig and Murphy’s reasoning on three main grounds. First, I argue that the counterexamples they use to undermine the necessary truth objection to theistic metaethics are flawed. While they may provide some support for the notion that necessary truths can be explained, they do not provide support for the notion that necessary moral truths can be explained. Second, I argue that the principles of explanation that Murphy and Craig use to support theistic metaethics are either question-begging (in the case of Murphy) or improperly motivated (in the case of Craig). And third, I provide a general defence of the claim that necessary moral truths neither need nor have an explanation. (shrink)

By exercising their (imperfect) capacity to discriminate, people try to recognize and to understand some important differences between things that make them prefer some things to other. In this article I will use my ability to discriminate between people and societies according to a principle which plays the role of attractor, both at individual and societal levels, namely the principle of peaceable conduct. This principle allows us to discriminate at the civic level between the people who have (...) a civilized conduct and those who manifest an aggressive conduct. The category of civilized people includes individuals who (a) respect the life and bodily integrity of their fellows, (b) practice self-control, not control over others and (c) do not claim, through coercive means, the goods that their fellows have obtained by making free and peaceful use of their own faculties and capabilities. The category of aggressive people reunites (a) murderers (those who endanger the lives of their fellow), (b) tyrants (those who beslave their fellows by taking control of some of their faculties) and (c) thieves (those who claim the goods of their fellows without their consent). The civilized conduct requires high standards of action of the people who embrace it and, implicitly, considerable physical and psychical costs. The primary impulses originating in our lower Self blatantly contradict the respect for life, liberty and property of our fellows, so that it seems impossible for them to be controlled only by personal effort. Therefore, it is vital that the energy allotted to peaceable conduct by our higher Self be superior to the energy which it spontaneously mobilizes in support of the primary impulses of our lower Self. This can be achieved by feeding the people with the social energy of certain social emotions in the process of internalizing the norms of peaceable conduct. Among these emotions, contempt and shame, respectively anger and guilt stand out through the predominance of the moral dimension and force of shaping human conduct. They underlie two different moral systems – “shame morality”, and “guilt morality” respectively – that support our peaceable conduct and, ipso facto, our civilized life. (shrink)

This paper discusses why speech regulations are logically necessary for any account of a moral right to free speech. My argument for limiting the right to free speech (and more widely any right to freedom) will be grounded in compossibility. Rights to freedom, formally speaking, are claims by an agent that other people not interfere with them; a compossible set of rights is one where the domains of permissible actions–permitted by each claim (and its correlative duty) within the set–do (...) not contradict one another across claims. I will argue that in order for claims to be coherent, they cannot generate contradictory domains, and that for a claim to non-interference to not generate contradictory domains across multiple people with the same claim, the claim must be restricted. This account as it currently stands can at least generate conclusions on the permissibility of incitement. (shrink)

In the debate about Christian attitudes to other religions, a threefold typology has emerged depicting differing Christian responses: pluralism, inclusivism and exclusivism. (This typology is not restricted to the Christian debate alone.) Traditionally, pluralism is opposed to exclusivism, the former claiming that it is arrogant and untenable to make exclusive truth claims, and that all religions are potentially equal paths to salvation and truth. In contrast, I argue that pluralism must always logically be a form of exclusivism and that (...) nothing called pluralism really exists. The main purpose of my paper is to show that there is no high-ground in the pluralist position, for in principle its logic is no different from the exclusivist position. If this is established, then the debate can proceed with more substantial issues regarding the justification and clarification of truth claims. (shrink)

This paper argues that there is a conflict between two principles informing Locke’s political philosophy, namely his waste restriction and his strong voluntarism. Locke’s waste restriction is proposed as a necessary, enforceable restriction upon rightful private property holdings and it yields arguments to preserve and redistribute natural resources. Locke’s strong voluntarism is proposed as the liberal ideal of political obligations. It expresses Locke’s view that each individual has a natural political power, which can only be transferred to a political body (...) through the individual’s voluntary, actual consent. On this view, the legitimacy of a political power is dependent upon its subjects’ actual consent to its authority. After briefly outlining these two ideas informing Locke’s conception, I argue that we cannot maintain both at the same time. Therefore, contemporary Lockeans must either derive restrictions upon private property concerned with preserving natural resources from other aspects of Locke’s theory or they must accept weak voluntarism as the ideal of political obligations. I argue that both alternatives pose significant problems for the Lockean project. (shrink)

The problem of moral luck is that a general fact about luck and an intuitive moral principle jointly imply the following skeptical conclusion: human beings are morally responsible for at most a tiny fraction of each action. This skeptical conclusion threatens to undermine the claim that human beings deserve their respective eternal reward and punishment. But even if this restriction on moral responsibility is compatible with the doctrine of the final judgment, the quality of one’s afterlife within heaven or (...) hell still appears to be lucky. Utilizing recent responses to the problem of moral luck, I explore several Molinist accounts of the final judgment that resolve both theological problems of moral luck. Some of these accounts entirely eliminate moral luck while others ensure that the moral luck involved in the judgment is overall good luck. (DOWNLOAD the published version at the external link below.). (shrink)

A novel solution to the knowability paradox is proposed based on Kant’s transcendental epistemology. The ‘paradox’ refers to a simple argument from the moderate claim that all truths are knowable to the extreme claim that all truths are known. It is significant because anti-realists have wanted to maintain knowability but reject omniscience. The core of the proposed solution is to concede realism about epistemic statements while maintaining anti-realism about non-epistemic statements. Transcendental epistemology supports such a view by providing for a (...) sharp distinction between how we come to understand and apply epistemic versus non-epistemic concepts, the former through our capacity for a special kind of reflective self-knowledge Kant calls ‘transcendental apperception’. The proposal is a version of restriction strategy: it solves the paradox by restricting the anti-realist’s knowability principle. Restriction strategies have been a common response to the paradox but previous versions face serious difficulties: either they result in a knowability principle too weak to do the work anti-realists want it to, or they succumb to modified forms of the paradox, or they are ad hoc. It is argued that restricting knowability to non-epistemic statements by conceding realism about epistemic statements avoids all versions of the paradox, leaves enough for the anti-realist attack on classical logic, and, with the help of transcendental epistemology, is principled in a way that remains compatible with a thoroughly anti-realist outlook. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

The Pigou-Dalton (PD) principle recommends a non-leaky, non-rank-switching transfer of goods from someone with more goods to someone with less. This Article defends the PD principle as an aspect of distributive justice—enabling the comparison of two distributions, neither completely equal, as more or less just. It shows how the PD principle flows from a particular view, adumbrated by Thomas Nagel, about the grounding of distributive justice in individuals’ “claims.” And it criticizes two competing frameworks for thinking (...) about justice that less clearly support the principle: the veil-of-ignorance framework, and Larry Temkin’s proposal that fairer distributions are those concerning which individuals have fewer “complaints.” -/- The Article also clarifies the relation between the PD principle and prioritarianism. Prioritarians will surely endorse the PD principle (with the “good” individual well-being), but they are also committed to a distinct axiom of separability: the moral value of someone’s well-being change does not depend upon her position relative to others. The PD principle neither implies separability, nor is implied by it. Although prioritarianism is very plausible, the case for the PD principle is yet more compelling than for the combination of that principle with separability. In discussing prioritarianism, we should differentiate between these two, logically independent aspects of the view. -/- . (shrink)

Contributions to COVID-19 vaccination programmes promise valuable collective goods. They can support public and individual health by creating herd immunity and taking the pressure off overwhelmed public health services; support freedom of movement by enabling governments to remove restrictive lockdown policies; and improve economic and social well-being by allowing businesses, schools, and other essential public services to re-open. The vaccinated can contribute to the production of these goods. The unvaccinated, who benefit from, but who do not contribute to these goods (...) can be morally criticised as free-riders. In this paper defends the claim that in the case of COVID-19, the unvaccinated are unfair free-riders. I defend the claim against two objections. First, that they are not unfair free-riders because they lack the subjective attitudes and intentions of free-riders; second, that although the unvaccinated may be free-riders, their free-riding is not unfair. (shrink)

The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing liberty does not contribute towards their (...) subjective well-being, and even in some cases where it has a negative effect upon their subjective well-being. To establish this view I argue that if animals are agents, as I assume they are, then like humans they must be able to determine the course of their own lives (to some extent). Further, having the opportunity to self-determine one’s life just is the very same thing as liberty, and having the opportunity to determine the course of one’s life is intrinsically good. Thus liberty has intrinsic value for humans and animals. So, in addition to the instrumental harms of having one’s liberty restricted, I claim that restricting animals’ liberty in principle harms them because it undermines their capacity for self-determination and fails to acknowledge their authority as agents to make their own choices. (shrink)

Schemes of diagrammatic representation have been so familiarly introduced into logical treatises during the last century or so, that many readers, even of those who have made no professional study of logic, may be supposed to be acquainted with the general nature and object of such devices. Of these schemes one only, viz. that commonly called "Eulerian circles," has met with any general acceptance. A variety of others indeed have been proposed by ingenious and celebrated logicians, several of which would (...) claim notice in a historical treatment of the subject; but they mostly do not seem to me to differ in any essential respect from that of Euler. They rest upon the same leading principle, and are subject all alike to the same restrictions and defects. We must therefore cast about for some new scheme of diagrammatic representation which shall be competent to indicate imperfect knowledge on our part; for this will at once enable us to appeal to it step by step in the process of working out our conclusions. I have never seen any hint at such a scheme, though the want seems so evident that one would suppose that something of the kind must have been proposed before. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I (...) do not at all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

In this article I offer an explicating interpretation of the procedure of content recarving as described by Frege in §64 of the Foundations of Arithmetic. I argue that the procedure of content recarving may be interpreted as an operation that while restricting the subject matter of a sentence, performs a generalization on what the sentence says about its subject matter. The characterization of the recarving operation is given in the setting of Yablo’s theory of subject matter and it is (...) based on the relation of determination between properties. The main advantage of the proposal is its generality, for it is applicable not just to the case of abstraction principles. (shrink)

On the traditional reading, Schopenhauer claims that compassion is the recognition of deep metaphysical unity. In this paper, I defend and develop the traditional reading. I begin by addressing three recent criticisms of that reading from Sandra Shapshay: that it fails to accommodate Schopenhauer's restriction to sentient beings, that it cannot explain his moral ranking of egoism over malice, and that Schopenhauer requires some level of distinction to remain in compassion. Against Shapshay, I argue that Schopenhauer does not restrict (...) compassion to sentient beings and that a more metaphysically refined version of the traditional reading can accommodate both Schopenhauer's moral ranking of characters and allow for some level of distinction in compassion. I then turn to four further questions for the traditional reading: what the relation is between the feeling of compassionate pain and the recognition of metaphysical unity, how cognitions mediate compassion, whether compassion is limited to the present, and how the feeling of compassion relates to Schopenhauer's fundamental moral principle. I conclude by explaining how, in a reductive vein, the traditional reading can also allow for compassion to have normative content. (shrink)

The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...) constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical, or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies. (shrink)