In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

This article argues for a systemic conception of freedom as non-domination. It does so by engaging with the debate on the so-called coalition problem. The coalition problem arises because non-domination holds that groups can be agents of power, while also insisting that freedom be robust. Consequently, it seems to entail that everyone is in a constant state of domination at the hands of potential groups. However, the problem can be dissolved by rejecting a ‘strict possibility’ standard for interpreting non-domination’s robustness (...) requirement. Frank Lovett and Philip Pettit propose to restrict the relevant domain of possible worlds by reference to two epistemic conditions pertaining to potential group members. I argue that this strategy unduly limits non-domination’s critical potential. I then argue that a suitably systemic conception of domination avoids this problem. By placing explanatory emphasis on social institutions, and how these bear on the feasibility of individual and collective action, a systemic conception of non-domination avoids the coalition problem in a way that retains its critical potential. The article clarifies the relationship between the rule of law and the social norms and objects to the claim that non-domination is bound to deem the latter irrelevant from the point of view of freedom. (shrink)

This article offers a critical analysis of Blake’s ‘jurisdictional theory’ of the border control and, especially, its state-based methodology. It then draws on this analysis to discuss the merits of analysing global migration through the lens of ‘the right to exclude’. Blake’s theory demands serious attention in light of its promise to combine a normative account of exclusion with an uncontroversial descriptive account of the state. Despite its initial appeal, however, the theory is shown to face serious problems. First, its (...) central normative principle turns out to be able to yield an account of justified exclusion only at the cost of departing from the theory’s purported emphasis on the state. Second, and more importantly, its state-based methodology is shown to be unable to generate a convincing account of the legitimacy of border control, as opposed to the justice of exclusion. It is argued that this point is relevant for the analytical debate on immigration and borders more generally, in light of institutional phenomena that characterise the contemporary practice of border control. In this context, an excessive focus on the right to exclude can work to mask significant exercises of state power. (shrink)

According to some, taking moral testimony is a potentially decent way to exercise one's moral agency. According to others, it amounts to a failure to live up to minimal standards of moral worth. What's the issue? Is it conceptual or empirical? Is it epistemological or moral? Is there a ‘puzzle’ of moral testimony; or are there many, or none? I argue that there is no distinctive puzzle of moral testimony. The question of its legitimacy is as much a moral or (...) political as an epistemological question. Its answer is as much a matter of contingent empirical fact as a matter of a priori necessity. In the background is a mixture of normative and descriptive issues, including the value of autonomy, the nature of legitimate authority, and who to trust. (shrink)

This article discusses fundamental problems in "rational choice theory," as outlined by Jon Elster. Elster's discussion of why institutions may not be said to act shows his fundamental presupposition that only "monolithic," unitary entities are capable of action. This is, for him, a reason why only individual human beings may be said to act. Furthermore, human beings may be said to act only insofar as they "maximize" (their "utility") on the basis of a unitary, complete, consistent "preference structure." All action (...) that is not maximization in this sense is for Elster not really human action, but rather instances of "pure causality." Elster distinguishes between the "real," intentional person, who "maximizes," and "purely causal forces" within the person. This article tries to show that this radical, sharp dichotomy between "intentionality," in this narrow sense, and "pure causality" is inadequate as a basis for understanding human action. This radical dichotomy is central to important arguments made by Elster more generally. (shrink)

Bart Streumer argues that it is not possible for us to believe the error theory, where by ‘error theory’ he means the claim that our normative beliefs are committed to the existence of normative properties even though such properties do not exist. In this paper, we argue that it is indeed possible to believe the error theory. First, we suggest a critical improvement to Streumer’s argument. As it stands, one crucial premise of that argument—that we cannot have a belief while (...) believing that there is no reason to have it—is implausibly strong. We argue that for his purposes, Streumer’s argument only requires a weaker premise, namely that we cannot rationally have a belief while believing that there is no reason to have it. Secondly, we go on to refute the improved argument. Even in its weaker form, Streumer’s argument is either invalid or the crucial premise should be rejected. (shrink)

Recent years have seen the emergence of a new brand of moral philosopher. Straddling the gap between academia on the one hand, and the world of law, medicine, and politics on the other, bioethicists have appeared, offering advice on ethical issues to a wider public than the philosophy classroom. Some bioethicists, like Peter Singer, have achieved wide notoriety in the public realm with provocative arguments that challenge widely held beliefs about the relative moral status of animals, human foetuses and newborn (...) babies. Other bioethicists practice their trade with greater protection from public scrutiny, confining their thoughts to committees in government circles, universities, charitable institutions, or hospitals. But what exactly is it that bioethicists have to offer in such contexts? What sort of expertise do bioethicists have that justifies their employment on these committees, or the time and space accorded to their views on television and the radio, or in newspapers and magazines? In spite of being an expanding group of professionals who attract large sums of private and public funding, bioethicists are sometimes met with suspicion or even hostility, both inside and outside academia. One common criticism is that the presence of bioethicists is unproductive in practical bioethical debate. In light of this criticism one might wonder why the relevant funding bodies have not spotted the hoax and withdrawn their funding. Certainly, if bioethicists.. (shrink)

Abstract The paper explicates a set of criteria the joint satisfaction of which is taken to qualify moral judgements as cognitive. The paper examines evidence that some moral judgements meet these criteria, and relates the resulting conception of moral judgements to ongoing controversies about cognitivism in ethics.

This article argues against Jon Elster’s contention that there is a fundamental incompatibility between, on the one hand, autonomy and rationality, and, on the other hand, adaptation to the conditions of one’s existence in the sense that one’s desires or preferences are adjusted to what it is possible to achieve. It is claimed that Elster’s conclusions are premised on a defective conception of human faculties and powers, including a defective conception of human experience and rationality. Moreover, the claim is made (...) that these defects are also characteristic of “rational choice theory” more generally. (shrink)

Indifference is often described as a vice. Yet who is indifferent; to what; and in what way is poorly understood, and frequently subject to controversy and confusion. This paper proposes a framework for the interpretation and analysis of ethically problematic forms of indifference in terms of how different states of indifference can be either more or less dynamic, or more or less sensitive to the nature and state of their object.

This paper argues against Jon Elster's contention that there is a fundamentalincompatibility between, on one hand, autonomy and rationality and, on theother hand, adaptation to conditions of one's existence in the sense that one'sdesires or preferences are adjusted to what it is possible to achieve. While thefirst part of the paper more narrowly concentrated on Elster's discussion ofthese ideas, this second part goes on to a more general discussion of the conceptof rationality. On the basis of this discussion, it is (...) claimed that Elster's conclusionsconcerning autonomy and adaptation are premised on a defective conceptionof human experience and rationality. Moreover, the claim is made that thesedefects are also characteristic of "rational choice theory" more generally. (shrink)

_Real Metaphysics_ brings together new articles by leading metaphysicians to honour Hugh Mellor's outstanding contribution to metaphysics. Some of the most outstanding minds of current times shed new light on all the main topics in metaphysics: truth, causation, dispositions and properties, explanation, and time. At the end of the book, Hugh Mellor responds to the issues raised by each of the thirteen contributors and gives us new insight into his own highly influential work on metaphysics.

Online news sites have become an internet ‘staple’, but we know little of the forces driving the popularity of such sites in relation to what could be understood as the latest iteration of the web – social media services. This research in brief article discusses empirical results regarding the uses of Twitter for news sharing. Specifically, we present a comparative analysis of links emanating from the service at hand to a series of media outlets over a six-month period in two (...) countries; Sweden and Norway. Focusing on linking practices among highly active Twitter accounts, we problematize the assumption that online communication involves two or more humans by directing attention to more or less automated ‘bot’ accounts. In sum, it is suggested that such automated accounts need to be dealt with more explicitly by researchers as well as practitioners interested in the popularity of online news as expressed through social media activity. (shrink)

It is a popular view thatpractical deliberation excludes foreknowledge of one's choice. Wolfgang Spohn and Isaac Levi have argued that not even a purely probabilistic self-predictionis available to thedeliberator, if one takes subjective probabilities to be conceptually linked to betting rates. It makes no sense to have a betting rate for an option, for one's willingness to bet on the option depends on the net gain from the bet, in combination with the option's antecedent utility, rather than on the offered (...) odds. And even apart from this consideration, assigning probabilities to the options among which one is choosing is futile since such probabilities could be of no possible use in choice. The paper subjects these arguments to critical examination and suggests that, appearances notwithstanding, practical deliberation need not crowd outself-prediction. (shrink)

Real Metaphysics brings together new articles by leading metaphysicians to honour Hugh Mellor's outstanding contribution to metaphysics. Some of the most outstanding minds of current times shed new light on all the main topics in metaphysics: truth, causation, dispositions and properties, explanation, and time. At the end of the book, Hugh Mellor responds to the issues raised by each of the thirteen contributors and gives us new insight into his own highly influential work on metaphysics.

This issue of The Monist was edited in the middle of a worldwide pandemic. As the submissions came in, millions of people across the globe were infecting each other with the coronavirus ‘Covid-19’ in buses and on trains; in bars and in hotels; in airports and hospitals; in homes and universities. During parts of 2020, the presence of this deadly virus made national governments ‘lock down’ their economies and ‘lock up’ their citizens in a manner that has not previously been (...) seen in modern peacetime. Long after this extraordinary event, people will still be asking themselves what really happened. (shrink)

Talk about indifference plays an important role in the background of debates about fundamental ethical problems, such as global poverty, economic inequality, sexual discrimination and ethnic strife. It is also a subject that contemporary moral philosophy has largely overlooked. _The Ethics of Indifference _is the first book of its kind to move this important topic to the foreground and subject it to systematic ethical analysis. What is meant by indifference? What forms can indifference take? Who is indifferent, to what, and (...) in what way? Can indifference be a virtue, or is it always a vice? In this book Hallvard Lillehammer examines the ethics of indifference as it applies to real historical examples, such as attitudes to future generations, large scale immigration, public corruption, state terror, corporate harm, commercial exploitation, gender domination, socal status and self esteem. By showing how certain forms of indifference are both highly dynamic and acutely sensitive their object, Lillehammer argues that some of the very features that make indifference ethically admirable or virtuous in some situations can in other situations make it ethically vicious or wrong. He also describes how the ethics of indifference relates to central issues in moral and political philosophy, such as individual responsibility, the ethics of bystanders and the idea of liberal neutrality. By drawing extensively on recent work on indifference and detachment in history, sociology and anthropology, this book_ _also brings together existing scholarship on the nature and ethics of indifference across related humanistic disciplines in uniquely original way. (shrink)

In his book The Moral Problem and in a recent issue of this journal, Michael Smith claims to refute any theory which construes the relationship between moral judgements and motivation as contingent and rationally optional. Smith’s argument fails. In showing how it fails, I shall make three claims. First, a concern for what is right, where this is read de dicto, does not amount to moral fetishism. Second, it is not always morally preferable to care about what is right, where (...) this is read de re. Third, the externalist can account for why a good and strong-willed person is reliably motivated in accordance with her moral judgements without appealing to a basic moral motive to do what is right, where this is read de dicto. (shrink)

The aims of this paper are fourfold. The first aim is to characterize two distinct forms of circumstantial moral luck and illustrate how they are implicitly recognized in pre-theoretical moral thought. The second aim is to identify a significant difference between the ways in which these two kinds of circumstantial luck are morally relevant. The third aim is to show how the acceptance of circumstantial moral luck relates to the acceptance of resultant moral luck. The fourth aim is to defuse (...) a legitimate concern about accepting the existence of circumstantial moral luck, namely the fact that its existence implies substantial moral risks. (shrink)

According to one influential view, requirements to elicit consent for medical interventions and other interactions gain their rationale from the respect we owe to each other as autonomous, or self-governing, rational agents. Yet the popular presumption that consent has a central role to play in legitimate intervention extends beyond the domain of cases where autonomous agency is present to cases where far from fully autonomous agents make choices that, as likely as not, are going to be against their own best (...) interest. The question how we should understand the rationale for eliciting consent in this range of ‘non-ideal’ cases is comparatively ill understood. In this paper, I explore the prospects of accounting for consent requirements in such ‘non-ideal’ cases by appealing to a set of agency-based interests; including an interest in playing a meaningful part in joint decisions affecting ourselves and others. (shrink)

Indifference is sometimes said to be a virtue. Perhaps more frequently it is said to be a vice. Yet who is indifferent; to what; and in what way is poorly understood, and frequently subject to controversy and confusion. This paper presents a framework for the interpretation and analysis of ethically significant forms of indifference in terms of how subjects of indifference are variously related to their objects in different circumstances; and how an indifferent orientation can be either more or less (...) dynamic, or more or less sensitive to the nature and state of its object. The resulting analysis is located in a wider context of moral psychology and ethical theory; in particular with respect to work on the virtues of care, empathy and other forms of affective engagement. During the course of this discussion, a number of recent claims associated with the ethics of care and empathy are shown to be either misleading or implausible. (shrink)

The paper distinguishes three strategies by means of which empirical discoveries about the nature of morality can be used to undermine moral judgements. On the first strategy, moral judgements are shown to be unjustified in virtue of being shown to rest on ignorance or false belief. On the second strategy, moral judgements are shown to be false by being shown to entail claims inconsistent with the relevant empirical discoveries. On the third strategy, moral judgements are shown to be false in (...) virtue of being shown to be unjustified; truth having been defined epistemologically in terms of justification. By interpreting three recent error theoretical arguments in light of these strategies, the paper evaluates the epistemological and metaphysical relevance of empirical discoveries about morality as a naturally evolved phenomenon. (shrink)

Book synopsis: Assisted reproduction challenges and reinforces traditional understandings of family, kinship and identity. Sperm, egg and embryo donation and surrogacy raise questions about relatedness for parents, children and others involved in creating and raising a child. How socially, morally or psychologically significant is a genetic link between a donor-conceived child and their donor? What should children born through assisted reproduction be told about their origins? Does it matter if a parent is genetically unrelated to their child? How do experiences (...) differ for men and women using collaborative reproduction in heterosexual or same-sex couples, single parent families or co-parenting arrangements? What impact does the wider cultural, socio-legal and regulatory context have? In this multidisciplinary book, an international team of academics and clinicians bring together new empirical research and social science, legal and bioethical perspectives to explore the key issue of relatedness in assisted reproduction. (shrink)

This paper addresses the question of the ethical significance of the theory of evolution in W. R. Sorley’s The Ethics of Naturalism. Sorley’s treatment is compa...

The paper explores the consequences of adopting a moral error theory targeted at the notion of reasonable convergence. I examine the prospects of two ways of combining acceptance of such a theory with continued acceptance of moral judgements in some form. On the first model, moral judgements are accepted as a pragmatically intelligible fiction. On the second model, moral judgements are made relative to a framework of assumptions with no claim to reasonable convergence on their behalf. I argue that the (...) latter model shows greater promise for an error theorist whose commitment to moral thought is initially serious. (shrink)

This paper explores the prospects of different forms of moral error theory. It is argued that only a suitably local error theory would make good sense of the fact that it is possible to give and receive genuinely good moral advice.