Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation – and I shall clarify what I mean when I say there is no moral obligation to obey the law – as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the (...) law's moral significance. In our thinking about law in a resonably just society, we have a strong inclination to invest law with a sort of moral halo. It does not feel right to suggest that law is a morally neutral social fact, nor to suggest that law is merely a useful social technique. In this essay, I shall try to account in part for law's moral halo. Because I share the widespread inclination to invest law with this halo, I shall not be interested in a merely historical account of how we come to see law with a halo – a pure “error theory” of law's halo, if you will. I want to justify the halo. On the other hand, the main way to justify the halo is to get clear just what law's moral significance is. It is unlikely that at the end of the process of clarification the halo will have exactly the shape or luminance that it had at the beginning. (shrink)

The author identifies and defines the features of traditional utilitarian theories which account for their appeal, demonstrates that no theory which is "exclusively act-oriented" can have all the properties that ultilitarians have attempted to build into their theories, and develops a new theory "co-operative utilitarianism", which is radically different than traditional theories.

The author identifies and defines the features of traditional utilitarian theories which account for their appeal, demonstrates that no theory which is exclusively act-oriented can have all the properties that ultilitarians have attempted to build into their theories, and develops a new theory co-operative utilitarianism.

Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation – and I shall clarify what I mean when I say there is no moral obligation to obey the law – as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the (...) law's moral significance. In our thinking about law in a resonably just society, we have a strong inclination to invest law with a sort of moral halo. It does not feel right to suggest that law is a morally neutral social fact, nor to suggest that law is merely a useful social technique. In this essay, I shall try to account in part for law's moral halo. Because I share the widespread inclination to invest law with this halo, I shall not be interested in a merely historical account of how we come to see law with a halo – a pure “error theory” of law's halo, if you will. I want to justify the halo. On the other hand, the main way to justify the halo is to get clear just what law's moral significance is. It is unlikely that at the end of the process of clarification the halo will have exactly the shape or luminance that it had at the beginning. (shrink)

As one of the most important ethicists to emerge since the Second World War, Alan Gewirth continues to influence philosophical debates concerning morality. In this ground-breaking book, Gewirth's neo-Kantianism, and the communitarian problems discussed, form a dialogue on the foundation of moral theory. Themes of agent-centered constraints, the formal structure of theories, and the relationship between freedom and duty are examined along with such new perspectives as feminism, the Stoics, and Sartre. Gewirth offers a picture of the philosopher's theory and (...) its applications, providing a richer, more complete critical assessement than any which has occurred to date. (shrink)

Donald VanDeVeer has again forwarded the debate over the morality of our treatment of animals, this time by focusing attention on certain arguments used in defense of vegetarianism. Since I am identified as the principal, though not alway the sole perpetrator of these arguments I would like to respond to VanDeVeer's most important remarks. For while I readily concede that there is at least much that is incomplete in my arguments for vegetarianism and for the more humane treatment of (...) animals generally, it is not clear to me that VanDeVeer quite puts his finger on where my arguments are open to this objection or, if and when he does, that he draws the correct conclusion from this. (shrink)

This essay supposes that the question of what treatment of animals is morally acceptable cannot be decided in any straightforward way by appeals to 'equal consideration of interests' or to animal rights. Instead it seeks to survey a variety of proposals as to how we ought to adjudicate interspecific conflicts of interests - proposals that are both 'speciesist' and 'non-speciesist' in nature. In the end one proposal is defended as the most reasonable one, and is claimed to provide a partial (...) basis for developing an adequate theory of interspecific justice. In the course of this argument the challenge posed by radical critics of current treatment of animals (e.g. Tom Regan and Peter Singer) is considered. The schema of a theory developed here partly supports and partly conflicts with positions they have defended. Regarding the latter point it proposes a non-anthropocentric basis for discounting the interests of sentient animals. (shrink)

The problem of ascertaining whether there is a justification for the imposition of suffering and premature death on nonhuman animals is important in itself. Examination of the problem also promises to force philosophers to rethink widespread assumptions about what is proper treatment of less than normal human beings, the basis for attributing rights to humans, the value of life, the “intrinsic worth of all human beings,” and certain egalitarian principles. In what follows my primary concern will concern the justification of (...) imposing suffering on animals. In particular I shall try to sort out and examine some arguments set forward by Tom Regan in a recent essay. (shrink)

Donald Regan's book is a study of forms of utilitarian theory and of properties to which these forms may aspire. He deals exclusively with “fully objective” theories that seek to systematize and set conditions for obligations that an agent is supposed to lie under as a consequence of features of situations in which he finds himself, with no dependence on his possibly defective beliefs, attitudes, and values. Metaethical questions concerning the nature of these obligations are not raised. And (...) practical problems that could be encountered in attempts to apply these theories receive very little attention. They are said to lie outside the main project of the book which is to explain and then to circumvent a certain apparent logical impasse that utilitarianisms ca. 1980 are supposed to confront. The book consists for the most part of abstract, often very long and difficult, arguments, and detailed elaborations of a small number of minimally specified, highly artificial cases of the sort now common in semi-formal utilitarian theory. In the present note, while leaving unquestioned and unstated the presuppositions of Regan's book, I first outline its central two-stage “argument”. Next I explain several distinctions important to issues it addresses and relate these distinctions to several of Regan's theses. I then discuss prima facie cases against his main claim, according to which the apparent impasse that utilitarianisms confront is circumvented by a new utilitarian theory designed for the task. (shrink)

Imagine both that (1) S1 is deliberating at t about whether or not to x at t' and that (2) although S1’s x-ing at t' would not itself have good consequences, good consequences would ensue if both S1 x's at t' and S2 y's at t", where S1 may or may not be identical to S2 and where t < t' ≤ t". In this paper, I consider how consequentialists should treat S2 and the possibility that S2 will y at (...) t". At one end of the spectrum, consequentialists would hold that, in deciding whether or not to x at t', S1 should always treat S2 as a force of nature over which she has no control and, thus, treat the possibility that S2 will y at t" as she would the possibility that a hurricane will take a certain path. On this view, S1 is to predict whether or not S2 will y and act accordingly. At the other end of the spectrum, consequentialists would hold that S1 should always treat S2 as someone available for mutual cooperation and, thus, treat the possibility that S2 will y at t" as something to be relied upon. On this view, S1 is to rely on S2’s cooperation and so play her part in the best cooperative scheme involving the two of them. A third and intermediate position would be to hold that whether S1 should treat S2 as a force of nature or as someone available for mutual cooperation depends on whether S1 can see to it that S2 will y at t" by, say, having the right set attitudes. I’ll argue for this third position. As we’ll see, an important implication of this view is that consequentialists should be concerned not just with an agent’s voluntary actions but also with their involuntary acquisitions of various mental attitudes, such as beliefs, desires, and intentions. Indeed, I will argue that consequentialists should hold both that (1) an agent’s most fundamental duty is to have all those attitudes that she has decisive reason to have and only those attitudes that she has sufficient reason to have and that (2) she has a derivative duty to perform an act x if and only if her fulfilling this fundamental duty ensures that she x’s. Thus, I argue (as Donald Regan did before me) that consequentialism should not be exclusively act-orientated – that it should require agents not only to perform certain voluntary actions but also to have certain attitudes. In the process, I develop a new version of consequentialism, which I call attitude-consequentialism. (The latest version of this paper can always be found at: https://dl.dropboxusercontent.com/u/14740340/Consequentialism%20and%20Coordination%20Problems.pdf) -/- . (shrink)

We take welfarism in moral theory to be the claim that the well-being of individuals matters and is the only consideration that fundamentally matters, from a moral point of view. We argue that criticisms of welfarism due to G.E. Moore, Donald Regan, Charles Taylor and Amartya Sen all fail. The final section of our paper is a critical survey of the problems which remain for welfarists in moral theory.

Replying to my earlier article `Translucency, Assortation, and Information Pooling: How Groups Solve Social Dilemmas', Robert Goodin examines the normative implications of the rule `cooperate with those whose inclusion benefits the larger scheme of cooperation', and gives several reasons for why the conversion of justice into a club good is normatively unappealing. This reply to Goodin discusses whether the rule leads to an exclusion of poor agents, whether a group should hire agents to detect free-riders, and how a group should (...) deal with naive cooperators. The rule can be defended as an enforcement mechanism in some cases, but it is normatively unappealing as a theory of justice. Key Words: club • public good • cooperation • justice • exclusion • Donald Regan. (shrink)

This article proposes ‘Recursive Consequentialism’: the moral theory which gives agents whatever advice will produce good consequences by being given. It can be thought of as a version of Donald Regan's ‘Cooperative Utilitarianism’ to which two additional elements have been added: allowing people with differing conceptions of ‘good consequences’, e.g., a Utilitarian and a non-Utilitarian, to cooperate with one another, and taking into account the full consequences of accepting, not just complying with, moral guidance. The theory is motivated (...) by a series of game-theoretic examples in which adherence to alternative Consequentialist moral theories produces bad consequences. (shrink)

An adequate moral theory must provide for cooperation and trust between moral agents, but a tension exists between cooperating and maximizing. This tension is prominent in utilitarianism and contractarianism . Various puzzles illustrate this tension, and both utilitarians and contractarians must solve these to present a coherent moral theory. These puzzles include new and resilient versions of classic objections to utilitarianism, such as the claims that utilitarian agents cannot be trusted to keep promises and cannot take rights seriously. They also (...) include the contractarian puzzle of why rational agents would cooperate by making and keeping impartial contracts. In solving these problems, utilitarians and contractarians alike must choose between traditional and revisionary maximizing theories. ;In light of these problems: David Gauthier urges contractarians to appeal to a revisionary theory of rationality, Donald Regan has developed a new variety of utilitarianism, and many other theorists still argue for the revisionary theory of rule utilitarianism. These people underestimate the potential of traditional theories. Although traditional theories like act utilitarianism look only to the future--while revisionary theories sometimes take prior acts such as promises, deliberations, and intentions to justify action--traditional theories are still able to solve these puzzles and furnish a satisfactory account of cooperation and trust. Surprisingly, even though these puzzles were developed as objections to the traditional theories and the revisionist theories were designed to deal with these puzzles, the traditional theories provide superior solutions. ;This defense of traditional theories has broad implications in philosophy and elsewhere, but I specifically discuss two significant implications for modern moral theory and two implications for applied ethics. I reject the criticism that act utilitarianism fails on its own terms and argue that it has previously unnoticed advantages over rule utilitarianism. I also reformulate Gauthier's moral theory using the traditional theory of rationality, thereby answering a major criticism of his theory. In addition, I apply my understanding of traditional maximizing theories to the utilitarian theory of rights and then to the strategic problems of nuclear deterrence and of threats in general. (shrink)

In his critique of egoism as a doctrine of ends, G. E. Moore famously challenges the idea that something can be someone. Donald Regan has recently revived and developed the Moorean challenge, making explicit its implications for the very idea of individual welfare. If the Moorean is right, there is no distinct, normative property good for, and so no plausible objectivism about ethics could be welfarist. In this essay, I undertake to address the Moorean challenge, clarifying our theoretical (...) alternatives so that we may better decide what to admit into our moral ontology and better assess what may be at stake in whether objectivists treat good or good for (or neither) as fundamental. I compare the Moorean and welfarist pictures of value, providing an account of the form and function of good for. According to this account expresses a distinct relational value that has its source in the value of persons. Good for value is thus a form of extrinsic value that provides agent-neutral reasons for action, and it plays a pervasive normative role in regulating child rearing, guiding individual life choices, and shaping social policy formation. (shrink)

This book presents a much-needed analysis of what might be called the metaethics of Utilitarianism. In it Donald Regan distinguishes what he takes to be the most important properties of utilitarian theories, argues that traditional theories fail to exemplify these properties, and proposes a theory which he believes does exemplify them.

We describe the design and evaluation of a sub-clinical digital assessment tool that integrates digital biomarkers of depression. Based on three standard cognitive tasks on which people with depression have been known to perform differently than a control group, we iteratively designed a digital assessment tool that could be deployed outside of laboratory contexts, in uncontrolled home environments on computer systems with widely varying system characteristics. We conducted two online studies, in which participants used the assessment tool in their own (...) homes, and completed subjective questionnaires including the Patient Health Questionnaire —a standard self-report tool for assessing depression in clinical contexts. In a first study, we demonstrate that each task can be used in isolation to significantly predict PHQ-9 scores. In a second study, we replicate these results and further demonstrate that when used in combination, behavioral metrics from the three tasks significantly predicted PHQ-9 scores, even when taking into account demographic factors known to influence depression such as age and gender. A multiple regression model explained 34.4% of variance in PHQ-9 scores with behavioral metrics from each task providing unique and significant contributions to the prediction. (shrink)

The Animal Ethics Reader is the first comprehensive, state-of-the-art anthology of readings on this substantial area of study and interest. A subject that regularly captures the headlines, the book is designed to appeal to anyone interested in tracing the history of the subject, as well as providing a powerful insight into the debate as it has developed. The recent wealth of material published in this area has not, until now, been collected in one volume. Readings are arranged thematically, carefully presenting (...) a balanced representation of the subject as it stands. It will be essential reading for students taking a course in the subject as well as being of considerable interest to the general reader. Articles are arranged under the following headings: Theories of Animal Ethics; Animal Capacities; Animals for Food; Animal Experimentation; Genetic Engineering of Animals; Ethics and Wildlife; Zoos, Aquaria, and Animals in Entertainment; Companion Animals; Legal Rights for Animals. Readings from leading experts in the field including Peter Singer, Mary Midgley and Bernard Rollin are featured as well as selections from Donald Griffin, Mark Bekoff, Jane Goodall, Raymond Frey, Barbara Orlans, Tom Regan, and Baird Callicott. There is an emphasis on balancing classic and contemporary readings with a view to presenting debates as they stand at this point in time. Each chapter is introduced by the editors and study questions feature at the end. The foreword has been written by Bernard Rollin. (shrink)

The Animal Ethics Reader is an acclaimed anthology containing both classic and contemporary readings, making it ideal for anyone coming to the subject for the first time. It provides a thorough introduction to the central topics, controversies and ethical dilemmas surrounding the treatment of animals, covering a wide range of contemporary issues, such as animal activism, genetic engineering, and environmental ethics. The extracts are arranged thematically under the following clear headings: Theories of Animal Ethics Nonhuman Animal Experiences Primates and Cetaceans (...) Animals for Food Animal Experimentation Animals and Biotechnology Ethics and Wildlife Zoos and Aquariums Animal Companions Animal Law and Animal Activism Readings from leading experts in the field including Peter Singer, Bernard E. Rollin and Jane Goodall are featured, as well as selections from Tom Regan, Jane Goodall, Donald Griffin, Temple Grandin, Ben A. Minteer, Christine Korsgaard and Mark Rowlands. Classic extracts are well balanced with contemporary selections, helping to present the latest developments in the field. This revised and updated _Third Edition_ includes 31 new readings on a range of subjects, including animal rights, captive chimpanzees, industrial farm animal production, genetic engineering, keeping cetaceans in captivity, animal cruelty, and animal activism. The _Third Edition _also is printed with a slightly larger page format and in an easier-to-read typeface. Featuring contextualizing introductions by the editors, study questions and further reading suggestions as the end of each chapter, this will be essential reading for any student taking a course in the subject. With a new foreword by Bernard E. Rollin. (shrink)

Whitehead's magnum opus is as important as it is difficult. It is the only work in which his metaphysical ideas are stated systematically and completely, and his metaphysics are the heart of his philosophical system as a whole.

The Animal Ethics Reader is the first comprehensive, state-of-the-art anthology of readings on this substantial area of study and interest. A subject that regularly captures the headlines, the book is designed to appeal to anyone interested in tracing the history of the subject, as well as providing a powerful insight into the debate as it has developed. The recent wealth of material published in this area has not, until now, been collected in one volume. Readings are arranged thematically, carefully presenting (...) a balanced representation of the subject as it stands. It will be essential reading for students taking a course in the subject as well as being of considerable interest to the general reader. Articles are arranged under the following headings: Theories of Animal Ethics Animal Capacities Animals for Food Animal Experimentation Genetic Engineering of Animals Ethics and Wildlife Zoos, Aquaria, and Animals in Entertainment Companion Animals Legal Rights for Animals Readings from leading experts in the field including Peter Singer, Mary Midgely and Bernard Rollin are featured as well as selections from Donald Griffin, Mark Bekoff, Jane Goodall, Raymond Frey, Barbara Orlans, Tom Regan, and Baird Callicott. There is an emphasis on balancing classic and contemporary readings with a view to presenting debates as they stand at this point in time. Each chapter is introduced by the editors and study questions feature at the end. The foreword has been written by Bernard Rollin. This will be appropriate reading for students taking courses in philosophy, ethics, zoology, animal science, psychology, veterinary medicine, law, environmental science and religion. (shrink)

The generation of evidence is integral to the work of public health and health service providers. Traditionally, ethics has been addressed differently in research projects, compared with other forms of evidence generation, such as quality improvement, program evaluation, and surveillance, with review of non-research activities falling outside the purview of the research ethics board. However, the boundaries between research and these other evaluative activities are not distinct. Efforts to delineate a boundary – whether on grounds of primary purpose, temporality, underlying (...) legal authority, departure from usual practice, or direct benefits to participants – have been unsatisfactory. (shrink)

This book is intended to be a standard reference work on the frontal lobes for researchers, clinicians, and students in the fields of neurology, neuroscience, ...