Contrasting Ethical Theories

The essay considers two sets of interrelated difficulties that follow from our kinship to animals: those that arise chronically from our individual psychologically complex and often ambivalent relations to animals, and those that reflect the intellectually and ideologically criss-crossed connections among the various discourses currently concerned with those relations, including the movement for animal rights, ecological ethics, posthumanist theory, and such fields as primatology and evolutionary psychology. I begin with some general observations on classification and then turn to the increasingly (...) complex play of claims and counter-claims regarding the so-called species barrier. (shrink)

In this book Michael Slote discusses the history of ethics from a sentimentalist perspective. It can be read in two ways: first, as a tribute to great thinkers whose contributions have helped shape contemporary ethics, and second, as a defense of a sentimentalist virtue theory. This review centers on the two chapters most relevant to sentimentalist virtue theory: chapter 1, in which Slote defines and defends elevationism, and chapter 5, in which he offers a defense of sentimentalism. The first essay (...) distinguishes between three theories about the relationship between virtue and well-being. Dualist theories, like Kantianism, contend that virtue and well-being are distinct concepts. Reductionist theories .. (shrink)

Book review of John Rist's *Real Ethics*.

Is it permissible to kill an innocent person against her will in order to prevent several other innocent persons from being killed against their will? The answer to which this essay comes after extensive discussion is – under certain conditions and limitations – affirmative. On the way to this answer, the book offers a comprehensive in-depth discussion of so-called deontic restrictions – that is, the idea of an action’s being prohibited in circumstances in which performing it once would be the (...) only way to prevent its being performed multiple times. The book’s leading question is whether there is a plausible rationale for deontic restrictions. To this effect, a taxonomy and critical discussions of the most important approaches to justify deontic restrictions are provided – where many of these approaches undergo a deeper examination for the first time ever. In addition, the book clarifies some adjoining questions, such as why deontic restrictions are often perceived as being problematic or how the concept of agent-relativity should best be understood and formalized. Put into broader perspective, the conclusions offered should have a bearing on a number of debates in normative ethics, not least on the debate between deontologists and consequentialist. (shrink)

There is, on a given moral view, a constraint against performing acts of a certain type if that view prohibits agents from performing an instance of that act-type even to prevent two or more others from each performing a morally comparable instance of that act-type. The fact that commonsense morality includes many such constraints has been seen by several philosophers as a decisive objection against consequentialism. Despite this, I argue that constraints are more plausibly accommodated within a consequentialist framework than (...) within the more standard side-constraint framework. For I argue that when we combine agent-relative consequentialism with a Kantian theory of value, we arrive at a version of consequentialism, which I call 'Kantsequentialism', that has several advantages over the standard side-constraint approach to accommodating constraints. What’s more, I argue that Kantsequentialism doesn’t have any of the disadvantages that critics of consequentializing have presumed that such a theory must have. (shrink)

It is widely held that agent-neutral consequentialism is incompatible with deontic constraints. Recently, Kieran Setiya has challenged this orthodoxy by presenting a form of agent-neutral consequentialism that he claims can capture deontic constraints. In this reply, we argue against Setiya's proposal by pointing to features of deontic constraints that his account fails to capture.

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

Consequentialists say we may always promote the good. Deontologists object: not if that means killing one to save five. “Consequentializers” reply: this act is wrong, but it is not for the best, since killing is worse than letting die. I argue that this reply undercuts the “compellingness” of consequentialism, which comes from an outcome-based view of action that collapses the distinction between killing and letting die.

Commonsense morality seems to feature both agent-neutral and agent-relative elements. For a long time, the core debate between consequentialists and deontologists was which of these features should take centerstage. With the introduction of the consequentializing project and agent-relative value, however, agent-neutrality has been left behind. While I likewise favor an agent-relative view, agent-neutral views capture important features of commonsense morality.This article investigates whether an agent-relative view can maintain what is attractive about typical agent-neutral views. In particular, I argue that the (...) agent-relative reasons-wielding deontologist is ultimately able to capture those features ordinarily associated with agent-neutral views, while the agent-relative value wielding consequentialist is left with a dilemma. The consequentializer either succumbs to the concerns of her agent-neutral opponents or else abandons the distinctive and attractive features of her view. Either way, I conclude that agent-relative value is best left behind. (shrink)

Andrew Forcehimes and Luke Semrau argue that agent-relative consequentialism is implausible because in some circumstances it classes an act as impermissible yet holds that the outcome of all agents performing that impermissible act is preferable. I argue that their problem is closely related to Derek Parfit's problem of ‘direct collective self-defeat’ and show how Parfit's plausible solution to his problem can be adapted to solve their problem.

Deontic constraints prohibit an agent performing acts of a certain type even when doing so will prevent more instances of that act being performed by others. In this article I show how deontic constraints can be interpreted as either maximizing or non-maximizing rules. I then argue that they should be interpreted as maximizing rules because interpreting them as non-maximizing rules results in a problem with moral advice. Given this conclusion, a strong case can be made that consequentialism provides the best (...) account of deontic constraints. (shrink)

This paper starts by juxtaposing the normative ethics in the final part of Parfit's final book, On What Matters, vol. 3, with the normative ethics in his earlier books, Reasons and Persons and On What Matters, vol. 1. The paper then addresses three questions. The first is, where does the reflective-equilibrium methodology that Parfit endorsed in the first volume of On What Matters lead? The second is, is the Act-involving Act Consequentialism that Parfit considers in the final volume of On (...) What Matters as plausible as Rossian deontology? The third is, how is the new argument that Parfit puts forward for Rule Consequentialism supposed to work? (shrink)

In this Commentary, I propose an ethical framework for ethical discussions around the allocation of scarce resources in COVID-19 response. The framework incorporates four principles: beneficence (benefiting people by saving lives or years of life), equality, remedying disadvantage, and recognizing past conduct. I then discuss how the framework interacts with ethical constraints against using people as a mere means and against causing death. The commentary closes by criticizing the equation of deontological ethics with random or first-come, first-served allocation and of (...) allocation that aims to save more lives or years of life with utilitarianism.. (shrink)

Consequentialism is thought to be in significant conflict with animal rights theory because it does not regard activities such as confinement, killing, and exploitation as in principle morally wrong. Proponents of the “Logic of the Larder” argue that consequentialism results in an implausibly pro-exploitation stance, permitting us to eat farmed animals with positive well- being to ensure future such animals exist. Proponents of the “Logic of the Logger” argue that consequentialism results in an implausibly anti-conservationist stance, permitting us to exterminate (...) wild animals with negative well-being to ensure future such animals do not exist. We argue that this conflict is overstated. Once we have properly accounted for indirect effects, such as the role that our policies play in shaping moral attitudes and behavior and the importance of accepting policies that are robust against deviation, we can see that consequentialism may converge with animal rights theory significantly, even if not entirely. (shrink)

-/- This chapter evaluates the ethical issues that using cost-effectiveness considerations to set animal health priorities might present, and its conclusions are cautiously optimistic. While using cost-effectiveness calculations in animal health is not without ethical pitfalls, these calculations offer a pathway toward more rigorous priority-setting efforts that allow money spent on animal well-being to do more good. Although assessing quality of life for animals may be more challenging than in humans, implementing prioritization based on cost-effectiveness is less ethically fraught.

Arguments for moral consequentialism often appeal to an alleged structural similarity between consequentialist reasoning in ethics and rational decision-making in everyday life. Ordinary rational decision-making is seen as a paradigmatic case of goal-oriented, teleological decision-making, since it allegedly aims at maximizing the goal of preference satisfaction. This chapter describes and discusses a neglected type of preference change, “predictable preference accommodation.” This phenomenon leads to a number of critical cases in which the rationality of a particular choice does not depend on (...) features of the outcome of the chosen act. On the basis of these cases, it is argued that consequentialists cannot point to everyday decision-making as an uncontroversial example of consequentialist reasoning. On the contrary, it is suggested that an adequate account of rationality in prudential choice may need a Kantian notion of respect. (shrink)

This book develops an alternative account of rights according to which rights forfeiture has a much smaller role to play because rights themselves are more contextually contingent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account (...) of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible. (shrink)

People often think there are moral duties that hold irrespective of the consequences, until those consequences exceed some threshold level – that we shouldn’t kill innocent people in order to produce the best consequences, for example, except when those consequences involve saving millions of lives. This view is known as “threshold deontology.” While clearly controversial, threshold deontology has significant appeal. But it has proven quite difficult to provide a non-ad hoc justification for it. This chapter develops a new justification, showing (...) that acting like a threshold deontologist is a good strategy for being moral, given our uncertainty and imperfect moral knowledge. And failing to use good strategies for being moral is, itself, morally bad. (shrink)

Empirical research into moral decision-making is often taken to have normative implications. For instance, in his recent book, Greene (2013) relies on empirical findings to establish utilitarianism as a superior normative ethical theory. Kantian ethics, and deontological ethics more generally, is a rival view that Greene attacks. At the heart of Greene’s argument against deontology is the claim that deontological moral judgments are the product of certain emotions and not of reason. Deontological ethics is a mere rationalization of these emotions. (...) Accordingly Greene maintains that deontology should be abandoned. This paper is a defense of deontological ethical theory. It argues that Greene’s argument against deontology needs further support. Greene’s empirical evidence is open to alternative interpretations. In particular, it is not clear that Greene’s characterization of alarm-like emotions that are relative to culture and personal experience is empirically tenable. Moreover, it is implausible that such emotions produce specifically deontological judgments. A rival sentimentalist view, according to which all moral judgments are determined by emotion, is at least as plausible given the empirical evidence and independently supported by philosophical theory. I therefore call for an improvement of Greene’s argument. (shrink)

Commentators disagree about the extent to which Kant’s ethics is compatible with consequentialism. A question that has not yet been asked is whether Kant had a view of his own regarding the fundamental difference between his ethical theory and a broadly consequentialist one. In this paper I argue that Kant does have such a view. I illustrate this by discussing his response to a well-known objection to his moral theory, namely that Kant offers an implicitly consequentialist theory of moral appraisal. (...) This objection was most famously raised by Mill and Schopenhauer, but also during Kant’s time by Pistorius and Tittel. I show that Kant’s response to this objection in the second Critique illustrates that he sees the fundamental difference between his moral theory and a broadly consequentialist one to be one that concerns methodology. (shrink)

It seems that you can be in a position to rescue people in mortal danger and yet have no obligation to do so, because of the sacrifice to you that this would involve. At the same time, if you do save anyone, then you must not leave anyone to die whom it would cost you no additional sacrifice to save. On the basis of these claims, Theron Pummer and Joe Horton have recently defended a ‘conditional obligation of effective altruism’, which (...) requires one to give to the most cost-effective charity if one is going to make a charitable donation at all, all other things equal. Appealing to a distinction between 'thoroughgoing' and 'half-hearted' non-consequentialism, I argue that their inferences don’t go through, and moreover that this sort of argument in general is unlikely to work as a way to defend effective altruism. (shrink)

Evil in the Vedas and the Upanishads undergoes a theoretical transformation as this literature itself moves away from its consequentialist and naturalistic roots to a radical procedural approach to moral questions. The goods of life on the early account were largely natural: evil was a moral primitive that motivated a teleological approach to morality geared towards avoiding natural evil. The gods of nature (such as fire, and rain, intimately involved in metabolism) were propitiated to gain beneficent results, and to avoid (...) hunger and illness. To please the gods of nature involves eating, which is merely the imposition of natural evil on sacrificial victims so that one avoids the evils of disease and hunger oneself. The entire system is one of resentment: the goods of life are defined by way of the bads that they displace. Authors of the latter part of the Vedas, such as the Kaṭha Upaniṣad, show themselves to be concerned about the irreducibility of evil on the naturalistic account, but also more broadly with the irreducible phenomenon of moral luck that comes in tow with a teleological approach to ethics. Whether one is able to ward off evil and enjoy the goods of life is not under one’s control and is within the purview of the forces of nature. This motivates the transition to a procedural account of ethics---yoga---where evil is not a primitive but a side effect of the non-yogic life, characterized by a lack of self-governance. As Death teaches us, evil is not a moral primitive and can be reduced out of the moral equation by taking responsibility for a lack of autonomy, which transforms this external threat of a lack of autonomy into a self lack of autonomy, or self-governance. With this transformation we are delivered into the realm of preservation (Vishnu). (shrink)

Suppose that you are trying to pursue a morally worthy goal, but cannot do so without incurring some moral costs. At the outset, you believed that achieving your goal was worth no more than a given moral cost. And suppose that, time having passed, you have wrought only harm and injustice, without advancing your cause. You can now reflect on whether to continue. Your goal is within reach. What's more, you believe you can achieve it by incurring—from this point forward—no (...) more cost than it warranted at the outset. If you now succeed, the total cost will exceed the upper bound marked at the beginning. But the additional cost from this point is below that upper bound. And the good you will achieve is undiminished. How do the moral costs you have already inflicted bear upon your decision now? (shrink)

This book provides an entry-level introduction to philosophical ethics, theories of moral reasoning, and selected issues in applied ethics. Chapter 1 describes the importance of philosophical approaches to ethical issues, the general dialectical form of moral reasoning, and the broad landscape of moral philosophy. Chapter 2 presents egoism and relativism as challenges to the presumed objectivity and unconditionality of morality. Chapters 3, 4 and 5 discuss utilitarianism, deontology, and virtue ethics, respectively. Each chapter begins with a general overview of the (...) characteristic theory of value and moral reasoning and proceeds to present a more refined account based on a prominent historical source (Mill, Kant, and Aristotle, respectively). It then discusses strengths and weaknesses of the theory from a contemporary perspective, including more recent developments, defenses, and critiques. Each chapter includes an appendix in which secondary, less prominent, or more complex issues are discussed. Chapters 6-9 address in detail a prominent area of applied ethics: 6. abortion, 7. assisted dying, 8. Biotechnology, 9. Animals and eating. Each of these chapters presents an introduction to the topic, including definitions, historical and contemporary developments and contexts, etc.; the various questions and issues involved; and an application of each theory from multiple points of view. Each chapter also includes a set of primary readings along with an extensive bibliography. Chapter 10 discusses four more areas of applied ethics: War, Torture, and Terrorism; Capital Punishment; Environmental Ethics; and Same-Sex Marriage. The treatment of these topics focuses mainly on the introductory material. While there is some discussion of the various ethical arguments, it is less comprehensive or detailed compared to other chapters. However, several primary resources are listed to supplement the discussion in the textbook. (shrink)

It is commonly held that all deontological moral theories are agent-relative in the sense that they give each agent a special concern that she does not perform acts of a certain type rather than a general concern with the actions of all agents. Recently, Tom Dougherty has challenged this orthodoxy by arguing that agent-neutral deontology is possible. In this article I counter Dougherty's arguments and show that agent-neutral deontology is not possible.

The denial of the intrinsic value of acts apart from both motives and consequences lies at the heart of Ross’s deontology and his opposition to ideal utilitarianism. Moreover, the claim that acts can have intrinsic value is a staple element of early and contemporary attempts to “consequentialise” all of morality. I first show why Ross’s denial is relevant both for his philosophy and for current debates. Then I consider and reject as inconclusive some of Ross’s explicit and implicit motivations for (...) his claim, stemming from his philosophy of action, his axiology, and his concept of intrinsic value, or a combination of these. I also criticize Ross’s later view that all right acts somehow produce some good, but that the value of some of these goods is explained by the prior rightness of the act. In the course of the discussion, the idea that acts can have intrinsic value apart from motives and consequences gains credibility both from the weaknesses in Ross’s arguments and from some putative examples. So, finally, I distinguish two attitudes in the history of ideal utilitarianism towards the necessity or not to give a detailed account of the intrinsic value of acts, and suggest that a Why Bother attitude is more promising than a Constructive one. (shrink)

In a recent article, Xiaofei Liu seeks to defend, from the standpoint of consequentialism, the Doctrine of Doing and Allowing: DDA. While there are various conceptions of DDA, Liu understands it as the view that it is more difficult to justify doing harm than allowing harm. Liu argues that a typical harm doing involves the production of one more evil and one less good than a typical harm allowing. Thus, prima facie, it takes a greater amount of good to justify (...) doing a certain harm than it does to justify allowing that same harm. In this reply, I argue that Liu fails to show, from within a consequentialist framework, that there is an asymmetry between the evils produced by doing and allowing harm. I conclude with some brief remarks on what may establish such an asymmetry. (shrink)

As the trolley problem runs its course, consequentialists tend to adopt one of two strategies: silently take comfort in the fact that deontological rivals face their own enduring difficulties, or appeal to cognitive psychology to discredit the deontological intuitions on which the trolley problem depends. I refer to the first strategy as silent schadenfreude and the second as debunking attack. My aim in this paper is to argue that consequentialists ought to reject both strategies and instead opt for what I (...) call robust advantage. This strategy emphasizes the intricate calculations that consequentialists employ to defend against objections based on friendship and integrity. I argue that these calculations offer consequentialism an explanatory advantage over deontology in the context of the trolley problem. It requires striking a delicate balance between deeply internalized dispositions to avoid causing harm and a context-sensitive ability to prevent disasters; however, empirical data help consequentialism on this front by illustrating that the integration of separate cognitive functions is an ordinary part of human psychology. (shrink)

Williams’s famous story of Jim exemplifies a general class of dilemmas caused by recalcitrant agents. Like Williams himself, most commentators have focused on Jim and the idea that he has special responsibility for his actions. This paper shifts attention to Pedro, exploring his significance in the story and arguing that Jim has a reason not to shoot that depends on Pedro’s best possible response. In so doing, it sketches a new approach to the general class of dilemmas posed by recalcitrant (...) agents, drawing attention to the advantages of this approach and to the difficulties it faces and comparing it to rival views associated with Ross and Kamm. (shrink)

Scott Forschler defends R. M. Hare's rationalist-universalizing-utilitarian moral approach against Jens Timmermann's critique of it. He argues that Timmermann fails to see that Kant's ethical rationalism might be consistent with utilitarianism, and argues that Timmermann merely assumes that Kant's deontology follows logically from his ethical rationalism. In Forschler's estimation, it has not been established that either Kant's or Hare's ethical rationalism is inconsistent with utilitarianism. This article, however, argues that, in his response to Timmermann on behalf of Hare's rationalist-universalizing-utilitarian approach, (...) Forschler has overlooked something very significant at the foundational level of Hare's moral approach, and that this oversight undercuts his response to Timmermann. The analysis also invites a metaethical investigation of preference satisfaction as it is found in Hare's moral approach. The article uncovers some fundamental metaethical presuppositions in Hare's normative approach, presuppositions overlooked by Forschler. (shrink)

There has been a great deal of philosophical discussion about using people, using people intentionally, using people as a means to some end, and using people merely as a means to some end. In this paper, I defend the following claim about using people: NOT ALWAYS WRONG: using people—even merely as a means—is not always morally objectionable. Having defended that claim, I suggest that the following claim is also correct: NO ONE FEATURE: when it is morally objectionable to use people, (...) this is for many different kinds of reasons—there is no one wrong-making feature that every morally objectionable using has in common. After discussing these claims, I use them to present and motivate what I call the “precaution” theory of norms against using people. I conclude by considering a few cases from the criminal law context—cases that are naturally described as using people—to assess the moral appropriateness of this kind of use in these cases, and to demonstrate how the theory applies to the real world. (shrink)

Effective altruists recommend that we give large sums to charity, but by far their more central message is that we give effectively, i.e., to whatever charities would do the most good per dollar donated. In this paper, I’ll assume that it’s not wrong not to give bigger, but will explore to what extent it may well nonetheless be wrong not to give better. The main claim I’ll argue for here is that in many cases it would be wrong of you (...) to give a sum of money to charities that do less good than others you could have given to instead, even if it would not have been wrong of you not to give the money to any charity at all. I assume that all the charities under discussion here do positive good overall, do not cause harm, do not infringe rights, etc. What makes my main claim here particularly interesting is that it is inconsistent with what appears to be a fairly common assumption in the ethics of giving, according to which if it is not wrong of you to keep some sum of money for yourself, then it is likewise not wrong of you to donate it to any particular charity you choose. Roughly: if it’s up to you whether to donate the money, it’s also up to you where to donate the money. I challenge this common assumption. (shrink)

Is there a reason to prevent deontological wrongdoing—an action that is wrong due to the violation of a decisive deontological constraint? This question is perplexing. On the one hand, the intuitive response seems to be positive, both when the question is considered in the abstract and when it is considered with regard to paradigmatic cases of deontological wrongdoing such as Bridge and Transplant. On the other hand, common theoretical accounts of deontological wrongdoing do not entail this answer, since not preventing (...) wrongdoing does not necessarily amount to doing harm or intending harm, for example. The puzzle is reinforced due to the fact that the intuitive response to other cases seems to be different, namely that there is no reason in favour of preventing deontological wrongdoing. This question is thus interesting in itself. It might also shed light on additional questions such as the “paradox of deontology” and the appropriate response to wrongful actions more generally. Yet, despite its importance, this question is typically overlooked. The paper explores this question. (shrink)

This book attempts to derive a strong consequentialist moral theory from Kantian foundations. It thus challenges the prevailing view that Kant's moral theory is hostile to consequentialism, and brings together the two main opposing tendencies in modern moral theory.

Engaging a listener’s trust imposes moral demands upon a presenter in respect of truthtelling and completeness. An agent lies by an utterance that satisfies what are herein defined as signal and mendacity conditions; an agent deceives when, in satisfaction of those conditions, the agent’s utterances contribute to a false belief or thwart a true one. I advert to how we may fool ourselves in observation and in the perception of our originality. Communication with others depends upon a convention or practice (...) of presumed nonuniversal truthfulness. In support of an asserted duty of nondeceptiveness, I offer a reconciliation of pertinent Kantian passages, a sketch of arguments within utilitarianism, contractarianism, and other views, and an account arguing for application of that duty to assertions, implicatures, omissions, equivocation, prevarication, and sophistry insofar as they affect listeners’ doxastic states. For scholarship, this duty is exceptionless. I describe the kernel of intellectual honesty as a virtuous disposition such that when presented with an incentive to deceive, the agent will not deceive. Intellectual honesty delivers candor when it counts. I contrast this with complementary virtues and the surpassing virtue of ingenuousness. An account is given of the connection between intellectual honesty and an influential physical model of integrity. (shrink)

Ethics Done Right examines how practical reasoning can be put into the service of ethical and moral theory. Elijah Millgram shows that the key to thinking about ethics is to understand generally how to make decisions. The papers in this volume support a methodological approach and trace the connections between two kinds of theory in utilitarianism, in Kantian ethics, in virtue ethics, in Hume's moral philosophy, and in moral particularism. Unlike other studies of ethics, Ethics Done Right does not advocate (...) a particular moral theory. Rather, it offers a tool that enables one to decide for oneself. (shrink)

This book is about fundamental questions in normative ethics. It begins with the idea that we often respond to ethical theories according to how principled or pragmatic they are. It clarifies this contrast and then uses it to shed light on old debates in ethics, such as debates about the rival merits of consequentialist and deontological views. Using the idea that principled views seem most appealing in dilemmas of acquiescence, it goes on to develop a novel theory of pattern-based reasons. (...) These are reasons to play one’s part in some larger pattern of action because of the goodness or rightness of that pattern. Existing accounts of pattern-based reasons usually assume that such reasons can exist only in cooperative contexts. This book rejects that assumption, and claims instead that we can have pattern-based reasons even when the other agents involved in the pattern are wholly unwilling to cooperate. The result is a pluralist teleological structure for ethics, with similarities to some forms of Rule Consequentialism. Woodard claims that this structure achieves an attractive balance between the two virtues of being pragmatic and being principled. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

A review of Charles Camosy's book, Peter Singer and Christian Ethics: Beyond Polarization.

Le modèle de la justice comme équité est élaboré sur des éléments centraux (en particulier: le consentement éclairé des citoyens). Les fonctions de ce modèle chez Rawls sont: un accord rationnel autour de libertés individuelles, un principe raisonnable de maximisation de la stabilité sociale et la fondation de principes, acceptables du point de vue des personnes défavorisées. Notre objectif consiste à mettre à l'épreuve une semblable conception de la justice politique libérale, avec sa composante la moins libérale : la balance (...) à partir de laquelle il est bon de punir. Constatant que la criminalisation est l'intrusion la plus importante de l'Etat dans la sphère autonome de l'individu, l'éthique ausculte les principes normatifs du droit pénal. Justifier une peine amène à des finalités de rétribution et de prévention, qui sont véhiculées par la signification de " punir ". Notre méthode se veut une pesée éthique de la signification des idées et des mots ; notre objectif général est une discussion de ce qu'est une évaluation normative par des principes et des règles. Notre approche de Rawls consiste à repositionner le cadre de ce qui peut être légitimement interdit, face à la liberté discrétionnaire de l'individu. (shrink)

During the past decade ethical theory has been in a lively state of development, and three basic approaches to ethics - Kantian ethics, consequentialism, and virtue ethics - have assumed positions of particular prominence.

Many authors in ethics, economics, and political science endorse the Lottery Requirement, that is, the following thesis: where different parties have equal moral claims to one indivisible good, it is morally obligatory to let a fair lottery decide which party is to receive the good. This article defends skepticism about the Lottery Requirement. It distinguishes three broad strategies of defending such a requirement: the surrogate satisfaction account, the procedural account, and the ideal consent account, and argues that none of these (...) strategies succeed. The article then discusses and discharges some remaining grounds for resistance to these skeptical conclusions, as well as the possibility of defending a weaker version of a normative lottery principle. The conclusion is that we have no reason to believe that where equal claims conflict, we are morally required to hold a lottery, as opposed to simply picking one of the parties on more subjective grounds or out of pure whim. In addition to the practical consequences of this skeptical view, the article sketches some theoretical implications for debates about saving the greater number and about axiomatic utilitarianism. (shrink)

The primary goal of this monograph is to justify the possibility of building a hybrid theory of normative ethics which can combine ethical consequentialism, deontology and virtue ethics. The aim of the book is to demonstrate the possibility of constructing a synthetic theory from ethical traditions that are generally considered to be contradictory. In addition, I propose an outline of an original theory which tries to carry out such a synthesis. I call it Institutional Function Consequentialism. The justification for a (...) hybrid theory of normative ethics requires the resolution of certain meta-ethical issues. I discuss them in part 1.1. After a brief overview of my research aims I consider the answer to the following questions: “What kind of meta-ethical beliefs must we assume for normative ethics?” and "Why should we build ethical theories?". I also discuss the various forms of ethical scepticism, which should be rejected if we develop a hybrid theory of normative ethics. I also describe possible methods of justifying any ethical theory. At the end of part 1.1 I explain that the best method for justifying any ethical theory is the method of wide reflective equilibrium. In parts 1.2, 1.3 and 1.4 I analyse three main types of normative ethics which are considered to be competitive: consequentialism, deontology, and virtue ethics. Part 1.2 is about consequentialism and its difference between utilitarianism and teleological theories. I also present the main reasons for the popularity of consequentialism. In part 1.3 I define deontology, present its variations and show important benefits that motivate its continuous growth. In part 1.4 I discuss virtue ethics, which is often referred as the viable alternative to consequentialism and deontology. If we want to build any new ethical theory, first we should describe the problems of the old ones. For this reason, in chapter 2 I describe the most important arguments against ethical consequentialism, and in chapter 3 I explain the difficulties of deontology. Critical remarks on virtue ethics are considered in part 1.4. The last two chapters directly concern the main aim of the monograph. Because in chapter 3 I show that deontology suffers from a number of problems such as the paradox of deontology, in chapters 4 and 5 I present only consequentialist versions of hybrid theories. These versions try to avoid the common pleas of utilitarianism and combine the advantages of opponents to utilitarianism. I answer the question (4.1) "What is hybrid consequentialism?" and briefly describe (4.2) the most important examples of hybrid theories by others. I discuss the prerogatives without restrictions idea by Samuel Scheffler, rule consequentialism by Brad Hooker, Kantian consequentialism by Richard M. Hare, David Cummiskey and Derek Parfit and consequentializing procedure proposed by Douglas W. Portmore. In the last chapter I present a new hybrid version of consequentialism that I call Institutional Function Consequentialism. I start from the thesis (5.1) that traditional meta-ethics of analytic philosophy incorrectly defines the main field of its research. Rather than focusing on the philosophy of language and metaphysics it should try to answer one question: “What should morality and ethics be for?”. Therefore I introduce an original methodology for meta-ethics that I call the Functional Model of Analysis (FMA). It is a meta-ethical framework in which the fundamental questions concern the practical functions of normative domains such as morality and ethics and the most rational way of achieving them. FMA is meta-ethical project that (a) explains the persistence of fundamental ethical disagreement among experts, (b) sets the background for explaining or justifying the correct structure of the ethical theory, (c) gives the possibility to create a hybrid theory of normative ethics. In part 5.2 I formulate a generalized argument against various popular theories of normative ethics which states that most of the popular theories are too narrow and one-sided, causing permanent dispute between them. There are many distinct practical functions of morality that are usually based on different types of normative theories such as Aristotelian ethics, utilitarianism, contractarianism and contractualism. In order to remove these conflicts, the correct ethical theory should try to take into account all of these relevant features of moral life. Unfortunately, most ethical theories are mono-functional. This means that their supporters consciously or unconsciously (1) recognize or accept only one genuine practical function, (2) think that this one practical function overrides all other practical functions or (3) try to reduce all practical functions to the one that is chosen. In part 5.2 I present a description and justification of a new normative account that I call Hybrid Function Consequentialism. The formal scheme of this consequentialism can be summarized in the following way: we should act according to some important focal points P1…Pn with contents C1…Cn that are selected on the basis of considerations about which kind of P with C will bring the best realization of the best mix of normative functions F1...Fn. In the next part (5.2.2) I present the new way of “consequentializing” particular theories of normative ethics by applying the scheme of Hybrid Function Consequentialism. As an example of the use of this procedure, I formulate perfectionist virtue consequentialism, contractarian institution consequentialism, contractualist rule consequentialism and consequentialism of salvation. In part 5.3 I formulate an original theoretical concept that I call Institutional Function Consequentialism (IFC). It is a hybrid theory that is based on the previously described Functional Model of Analysis and a reflection on the role of institutions in modern developed societies. IFC claims that we should always act according to some rules, virtues, motives and intentions that constitute the homeostasis of normative institutions whose internalization by the overwhelming majority of each new generation has maximum expected value in terms of the best realization of the equilibrium of the most important practical functions of normative domains. Responsibility and sanctions related to wrongful actions should be dependent on the particular institution whose standards have been violated. IFC has several unique features which are described and justified in part 5.3. It is a form of hybrid consequentialism – it mixes features of consequentialism, deontology and virtue ethics. It does this on three different levels: justification, structure and content. The main focal point of the theory is not rules or virtues, but normative institutions. Values to be optimized in the framework of consequentialism are not "happiness", "well-being" or "preferences", but the fulfilment of normative functions. IFC is not limited to the field of ethics only, but it is a meta-normative account of justification for an entire social order which is comprised of a number of different institutions. It also assumes a specific, circular relationship between practical ethics (e.g. research on such important issues as civil disobedience, fair distribution of wealth, philosophy of punishment or autonomy of conscience), and the content of the general rules that may constitute the optimal homeostasis of institutions. It rejects the simplistic belief that moral thinking is based solely on deductive implications from general ethical principles or meta-ethical beliefs. (shrink)