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.

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.

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)

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)

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.

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.

In the Treatise of Human Nature , Hume argues that, because we have adequate ideas of the smallest parts of space, we can infer that space itself must conform to our representations of it. The paper examines two challenges to this argument based on Descartes's and Locke's treatments of adequate ideas, ideas that fully capture the objects they represent. The first challenge, posed by Arnauld in his Objections to the Meditations , asks how we can know that an idea is (...) adequate. The second challenge, implicit in Locke's Essay , asks how an empiricist can characterize an idea as inadequate, as both picking out an object and yet failing to capture it fully. In showing how Hume responds to these challenges, his theory of perceptual representation is explained and his treatment of space is related to his scepticism. His conclusion is shown not to be a characterization of space as it exists wholly apart from our powers of conception. Instead, in an adumbration of Kant, his claim is restricted to space as it appears to us. (shrink)

The current interest in bioregionalism, stimulated in part by Kirkpatrick Sale’s Dwellers in the Land, shows that people are looking for a form of political praxis which addresses the importance of region. In this paper, I argue that much of the bioregional literature written to date mystifies the concept of region, discounting the role of subjectivity and culture in shaping regional boundaries and veers toward asimplistic view of “nature knows best.” Bioregionalism can be rehabilitated, provided we treat it not as (...) a “revealed wisdom” for the reconstruction of human society, but as a sensibility and environmental ethic that can infuse our work even as we make use of the functional regionalisms that increasingly shape people’s consciousness. I conclude by citing Lewis Mumford’s concept of a region as capturing the dialectical interplay of natural and cultural elements. (shrink)

While its mechanism and biological significance are unknown, the utility of a short mitochondrial DNA sequence as a “barcode” providing accurate species identification has revolutionized the classification of organisms. Since highest accuracy was achieved with recently diverged species, hopes were raised that barcodes would throw light on the speciation process. Indeed, a failure of a maternally donated, rapidly mutating, mitochondrial genome to coadapt its gene products with those of a paternally donated nuclear genome could result in developmental failure, thus creating (...) a post-zygotic barrier leading to reproductive isolation and sympatric branching into independent species. However, the barcode itself encodes a highly conserved, species-invariant, protein, and the discriminatory power resides in the non-amino acid specific bases of synonymous codons. It is here shown how the latter could register changes in the oligonucleotide frequencies of nuclear DNA that, when they fail to match in pairing meiotic chromosomes, could reproductively isolate the parents so launching a primary divergence into two species. It is proposed that, while not itself contributing to speciation, the barcode sequence provides an index of the nuclear DNA oligonucleotide frequencies that drive speciation. (shrink)

This paper introduces the important concept of a biophysical perspective on economics into the business ethics literature. The biophysical perspective recognizes that ecological processes determine what can be done in an economy and how best to do it. A biophysical perspective places the economic system into a larger context of the ecologic system. This changes the perception of ethical issues by identifying a larger scope of management decisions. The paper examines the changing ethical landscape in such issues as biotechnology, planned (...) obsolescence, productivity, and international trade. The paper also examines the shift in mindset associated with the shift in economic framework. It draws on the literature on cognitive structures and moral imagination to show this new perspective can actually raise the bar for ethical decision-making and behavior. The pattern is that the ethical behavior associated with a biophysical economic framework has a greater scope of responsibility with the benefit that the required ethical behavior leads to better long-term decision making. (shrink)

The idea that the self is in need of rethinking, as the title to this collection of essays suggests, presupposes that the self has already been “thought.” And indeed it has—both explicitly, by philosophers, and implicitly, in the practices of everyday life. For philosophers, this thinking about the self has taken place largely in abstract terms; persons have been treated as metaphysical-cum-moral subjects, disembodied minds that could plausibly be split from or melded with other such minds, or as rational agents, (...) capable of choosing a plan in terms of which to live their lives. In everyday life, in contrast, we “think” one another as selves by making assumptions about how the people we encounter fit into the social landscape and about how we ourselves have a place in the world. As the essays in this collection demonstrate, feminists have challenged both ways of thinking of selfhood in various, sometimes contradictory, ways. (shrink)

Why is understanding causation so important in philosophy and the sciences? Should causation be defined in terms of probability? Whilst causation plays a major role in theories and concepts of medicine, little attempt has been made to connect causation and probability with medicine itself. Causality, Probability, and Medicine is one of the first books to apply philosophical reasoning about causality to important topics and debates in medicine. Donald Gillies provides a thorough introduction to and assessment of competing theories of (...) causality in philosophy, including action-related theories, causality and mechanisms, and causality and probability. Throughout the book he applies them to important discoveries and theories within medicine, such as germ theory; tuberculosis and cholera; smoking and heart disease; the first ever randomized controlled trial designed to test the treatment of tuberculosis; the growing area of philosophy of evidence-based medicine; and philosophy of epidemiology. This book will be of great interest to students and researchers in philosophy of science and philosophy of medicine, as well as those working in medicine, nursing and related health disciplines where a working knowledge of causality and probability is required. (shrink)

In Hume's True Scepticism, I offer a new interpretation of David Hume's epistemology and philosophy of mind as presented in A Treatise of Human Nature.1 I approach this task by developing what I take to be the first comprehensive2 investigation of Part 4 of Book 1. The arguments Hume offers there have frequently been addressed by the secondary literature in a piecemeal fashion, especially his account of personal identity and of our belief in the external world. But I argue in (...) HTS that they should be read as a sustained investigation of the human temptation to form philosophical systems. Consider its title: "Of the sceptical and other systems of philosophy". Hume, I suggest, is... (shrink)

I owe thanks to Annemarie Butler, Jonathan Cottrell, and Barry Stroud for their thoughtful criticism of my interpretation in Hume's True Scepticism of David Hume's epistemology and philosophy of mind as presented in A Treatise of Human Nature.1 Butler focuses on my account of the mental mechanisms Hume provides for our everyday beliefs about external objects. She also challenges my appeal to what Hume calls "secondary" ideas in my explanation of Humean introspection. Cottrell raises questions about my interpretation of perceptions (...) generally, both introspective and non-introspective, as well as my understanding of Hume's conflicted statements about... (shrink)

The thesis of this book is that despite Freud's low opinion of philosophy and despite his claim that psychoanalysis avoids value judgements, psychoanalytic theory does contain a moral philosophy.