Intransitivity of Value

At first sight, if A is all-things-considered better than B and B is all-things-considered better than C, the judgment that A is all-things-considered better than C seems to follow. This should be a straight-forward consequence of the transitivity of the \all-things-considered better than" relation. However, if we deny that transitivity is a logical axiom of those relations involving comparatives, then it might turn out that betterness is not transitive. Following Temkin's terminology, a relation R will be de ned as nontransitive (...) i either it is intransitive (i.e. aRb and bRc yet :(aRc)) or if transitivity cannot be applied, for there is no single relation R that holds between all the alternatives. More spefici cally, this could happen in a case where the obtaining of the better-than relation depends on different factors according to the nature of the relata. As a result, there are two main strategies available to question the axiom of transitivity: the rst is by providing an effective counterexample displaying cRa as well as (aRb ^ bRc), hence yielding a cycle. The second, more general way, is to show that all-things-considered betterness is a relation that conceptually involves comparison-dependent betterness relations, so that it is likely that transitivity fails to apply across different alternatives. The aim of this paper is to investigate part of the recent attack on the transitivity of better than, to conclude that there seems to be no cogent reason why this would not be a transitive relation. (shrink)

Value pluralists believe in multiple dimensions of value. What does betterness along a dimension have to do with being better overall? Any systematic answer begins with the Strong Pareto principle: one thing is overall better than another if it is better along one dimension and at least as good along all others. We defend Strong Pareto from recent counterexamples and use our discussion to develop a novel view of dimensions of value, one which puts Strong Pareto on firmer footing. We (...) conclude by defending Dimensionalism, the hypothesis that overall value relations are determined solely by how things compare along value dimensions. These are first steps towards a more systematic value pluralism. (shrink)

In the face of an impossibility result, some assumption must be relaxed. The Mere Addition Paradox is an impossibility result in population ethics. Here, I explore substantially weakening the decision-theoretic assumptions involved. The central finding is that the Mere Addition Paradox persists even in the general framework of choice functions when we assume Path Independence as a minimal decision-theoretic constraint. Choice functions can be thought of either as generalizing the standard axiological assumption of a binary “betterness” relation, or as providing (...) a general framework for a normative (rather than axiological) theory of population ethics. Path Independence, a weaker assumption than typically (implicitly) made in population ethics, expresses the idea that, in making a choice from a set of alternatives, the order in which options are assessed or considered is ethically arbitrary and should not affect the final choice. Since the result establishes a conflict between the relevant ethical principles and even very weak decision-theoretic principles, we have more reason to doubt the ethical principles. (shrink)

This paper will be concerned with hard choices—that is, choice situations where an agent cannot make a rationally justified choice. Specifically, this paper asks: if an agent cannot optimize in a given situation, are they facing a hard choice? A pair of claims are defended in light of this question. First, situations where an agent cannot optimize because of incompleteness of the binary preference or value relation constitute a hard choice. Second, situations where agents cannot optimize because the binary preference (...) or value relation violates acyclicity do not constitute a hard choice. (shrink)

Why should ‘better than’ be transitive? The leading answer in ethics is that values do not change with context. But this cannot be the entire source of transitivity, I argue, since transitivity can fail even if values never change, so long as they are complex, with multiple dimensions combined non-additively. I conclude by exploring a new hypothesis: that all alleged cases of nontransitive betterness, such as Parfit’s Repugnant Conclusion, can and should be modelled as the result of complexity, not context-relativity.

The much-discussed ‘Argument from Small Improvement’ has been advanced both as a reason to reject (tripartite) Completeness, one of the standard axioms of decision theory, and to accept the possibility of rationally incomparable choices. But this form of argument cannot be an effective basis for either of these conclusions, unless one already has some prior, independent reason to prefer Transitivity to Completeness as a constraint on rational preferences (or rational values). In particular, I show how a reverse argument from small (...) improvement can be constructed, starting from the assumption of tripartite Completeness, to the conclusion that Transitivity fails. I conclude that this form of argument as it has been standardly presented in the literature is a kind of ‘red herring’. We can only make progress here by evaluating the reasons independent of either such argument to prefer one or other of Transitivity or Completeness. (shrink)

Suppose that you prefer A to B, B to C, and C to A. Your preferences violate Expected Utility Theory by being cyclic. Money-pump arguments offer a way to show that such violations are irrational. Suppose that you start with A. Then you should be willing to trade A for C and then C for B. But then, once you have B, you are offered a trade back to A for a small cost. Since you prefer A to B, you (...) pay the small sum to trade from B to A. But now you have been turned into a money pump. You are back to the alternative you started with but with less money. This Element shows how each of the axioms of Expected Utility Theory can be defended by money-pump arguments of this kind. The Element also defends money-pump arguments from the standard objections to this kind of approach. This title is also available as Open Access on Cambridge Core. (shrink)

John Taurek argues that, in a choice between saving the many or the few, the numbers should not count. Some object that this view clashes with the transitivity of ‘better than’; others insist the clash can be avoided. I defend a middle ground: Taurek cannot have transitivity, but that doesn’t doom his view, given a suitable conception of value. I then formalize and explore two conceptions: one context-sensitive, one multidimensional.

Ethics in the tradition of Derek Parfit’s Reasons and Persons is riddled with sorites-like arguments, which lead us by what seem innocent steps to seemingly false conclusions. Take, for example, spectrum arguments for the Repugnant Conclusion that appeal to slight differences in quality of life. Several authors have taken the view that, since spectrum arguments are structurally analogous to sorites arguments, the correct response to spectrum arguments is structurally analogous to the correct response to sorites arguments. This sorites analogy is (...) here argued against. There are potential structural disanalogies between spectrum arguments and sorites arguments. But even if these arguments are relevantly structurally analogous, they differ in their content in ways that show the sorites analogy to be implausible. Two content-based disanalogies are here explored—one is inspired by Parfit’s work on reductionism, and the other involves hypersensitivity. The chapter concludes with a methodological lesson. (shrink)

ABSTRACT I consider paradoxical spectrum arguments involving transitive relations like ‘better than’. I argue that, despite being formally different from sorites arguments, at least some spectrum arguments arise from vagueness, and that vagueness might often be the most natural diagnosis.

This paper develops transfinite extensions of transitivity and acyclicity in the context of population ethics. They are used to argue that it is better to add good lives, worse to add bad lives, and equally good to add neutral lives, where a life's value is understood as personal value. These conclusions rule out a number of theories of population ethics, feed into an argument for the repugnant conclusion, and allow us to reduce different-number comparisons to same-number ones. Challenges to these (...) arguments are addressed, including the issue of comparing existence and non-existence in terms of personal value, the possibility of minimal quanta of time and life, and the meaningfulness of measuring closeness between outcomes with different population sizes. An asymmetry is uncovered between transfinite cycles of worseness and betterness, supporting a version of the weak procreative asymmetry. Transfinite transitivity principles are also favourably compared to the better-known principles of continuity. (shrink)

Supererogatory acts—good deeds “beyond the call of duty”—are a part of moral common sense, but conceptually puzzling. I propose a unified solution to three of the most infamous puzzles: the classic Paradox of Supererogation (if it’s so good, why isn’t it just obligatory?), Horton’s All or Nothing Problem, and Kamm’s Intransitivity Paradox. I conclude that supererogation makes sense if, and only if, the grounds of rightness are multi-dimensional and comparative.

One might think that money pumps directed at agents with cyclic preferences can be avoided by foresight. This view was challenged two decades ago by the discovery of a money pump with foresight, which works against agents who use backward induction. But backward induction implausibly assumes that the agent would act rationally and retain her trust in her future rationality even at choice nodes that could only be reached if she were to act irrationally. This worry does not apply to (...) BI-terminating decision problems, where at each choice node backward induction prescribes a move that terminates further action. For BI-terminating decision problems, it is enough to assume that rationality and trust in rationality are retained at choice nodes reachable by rational moves. The old money pump with foresight was not BI-terminating. In this paper, we present a new money pump with foresight, one that is both BI-terminating and considerably simpler. (shrink)

Supererogatory acts are those that lie “beyond the call of duty.” There are two standard ways to define this idea more precisely. Although the definitions are often seen as equivalent, I argue that they can diverge when options are infinite, or when there are cycles of better options; moreover, each definition is acceptable in only one case. I consider two ways out of this dilemma.

Numerous papers have investigated the transitivity principle of ‘better-than.’ A recent argument appeals to the principle of mereological dominance for transitivity. However, writers have not treated mereological dominance in much detail. This paper sets out to evaluate the generality of mereological dominance and its effectiveness in supporting the transitivity principle. I found that the mereological dominance principle is vulnerable to a counterexample based on Simpson’s Paradox. The thesis concludes that the mereological dominance principle should be revised in certain ways.

It is commonly held that rational preferences must be acyclic. There have, however, been cases that have been put forward as counterexamples to this view. This paper focuses on the following question: If the counterexamples are compelling and rational preferences can be cyclic, what should we conclude about the presumed acyclicity of the “better than” relation? Building on some revisionary suggestions concerning acyclicity and betterness, I make a case for hanging on to the presumption that “better than” is acyclic even (...) if “is rationally preferred to” is not. As I explain, the divergence my view makes room for does not threaten to make “better than” judgments less relevant to choice than judgments about rational preference. To the contrary, it makes them more relevant. Toward the end of the paper, I extend my results to the relation “is morally better than” in light of the possibility that there might be moral preferability cycles. (shrink)

I argue that any plausible decision theory for agents with incomplete preferences which obeys the Never Worse Principle will violate Transitivity. The Never Worse Principle says that if one option never does worse than another, you shouldn’t disprefer it. Transitivity says that if you prefer X to Y and you prefer Y to Z, then you should prefer X to Z. Violating Transitivity allows one to be money pumped. Although agents with incomplete preferences are already, in virtue of having incomplete (...) preferences, vulnerable to being money pumped, I argue that the money pump argument for Transitivity is more serious than the one for Completeness. (shrink)

The spectrum argument purports to show that the better-than relation is not transitive, and consequently that orthodox value theory is built on dubious foundations. The argument works by constructing a sequence of increasingly less painful but more drawn-out experiences, such that each experience in the spectrum is worse than the previous one, yet the final experience is better than the experience with which the spectrum began. Hence the betterness relation admits cycles, threatening either transitivity or asymmetry of the relation. This (...) paper examines recent attempts to block the spectrum argument, using the idea that it is a mistake to affirm that every experience in the spectrum is worse than its predecessor: an alternative hypothesis is that adjacent experiences may be incommensurable in value, or that due to vagueness in the underlying concepts, it is indeterminate which is better. While these attempts formally succeed as responses to the spectrum argument, they have additional, as yet unacknowledged costs that are significant. In order to effectively block the argument in its most typical form, in which the first element is radically inferior to the last, it is necessary to suppose that the incommensurability is particularly acute: what might be called radical incommensurability. We explain these costs, and draw some general lessons about the plausibility of the available options for those who wish to save orthodox axiology from the spectrum argument. (shrink)

The Rachels–Temkin spectrum arguments against the transitivity of better than involve good or bad experiences, lives, or outcomes that vary along multiple dimensions—e.g., duration and intensity of pleasure or pain. This paper presents variations on these arguments involving combinations of good and bad experiences, which have even more radical implications than the violation of transitivity. These variations force opponents of transitivity to conclude that something good is worse than something that isn’t good, on pain of rejecting the good altogether. That (...) is impossible, so we must reject the spectrum arguments. (shrink)

Larry Temkin famously argues that what he calls spectrum arguments yield strong reason to reject Transitivity, according to which the ‘all-things-considered better than’ relation is transitive. Spectrum arguments do reveal that the conjunctions of independently plausible claims are inconsistent with Transitivity. But I argue that there is very strong independent reason to reject such conjunctions of claims, and thus that the fact that they are inconsistent with Transitivity does not yield strong reason to reject Transitivity.

Argues that the ethics of killing and saving lives is best described by agent-neutral consequentialism, not by appeal to agent-centred restrictions. It does not follow that killings are worse than accidental deaths or that you should kill one to prevent more killings. The upshot is a puzzle about killing and letting die.

On what I take to be the standard account of supererogation, an act is supererogatory if and only if it is morally optional and there is more moral reason to perform it than to perform some permissible alternative. And, on this account, an agent has more moral reason to perform one act than to perform another if and only if she morally ought to prefer how things would be if she were to perform the one to how things would be (...) if she were to perform the other. I argue that this account has two serious problems. The first, which I call the latitude problem, is that it has counterintuitive implications in cases where the duty to be exceeded is one that allows for significant latitude in how to comply with it. The second, which I call the transitivity problem, is that it runs afoul of the plausible idea that the one-reason-morally-justifies-acting-against-another relation is transitive. What’s more, I argue that both problems can be overcome by an alternative account, which I call the maximalist account. (shrink)

The money-pump argument figures as the staple argument in support of the view that cyclic preferences are irrational. According to a prominent way of understanding the argument, it is grounded in the assumption that it is irrational to make choices that lead one to a dispreferred alternative. My aim in this paper is to motivate diffidence with respect to understanding the money-pump argument in this way by suggesting that if it is so understood, the argument emerges as question-begging and as (...) a complicated distraction in the debate concerning cyclic preferences, and that there is a way of understanding the argument that casts it as grounded in a less controversial starting point. (shrink)

In an alleged counter-example to the completeness of rational preferences, a career as a clarinettist is compared with a career in law. It seems reasonable to neither want to judge that the law career is at least as preferred as the clarinet career nor want to judge that the clarinet career is at least as preferred as the law career. The two standard interpretations of examples of this kind are, first, that the examples show that preferences are rationally permitted to (...) be incomplete and, second, that the examples show that preferences are rationally permitted to be indeterminate. In this paper, I shall argue that the difference between these interpretations is crucial for the money-pump argument for transitivity, which is the standard argument that rational preferences are transitive. I shall argue that the money-pump argument for transitivity fails if preferences are rationally permitted to be incomplete but that it works if preferences are rationally permitted to be indeterminate and rationally required to be complete. (shrink)

The essentially comparative conception of value entails that the value of a state of affairs does not depend solely upon features intrinsic to the state of affairs, but also upon extrinsic features, such as the set of feasible alternatives. It has been argued that this conception of value gives us reason to abandon the transitivity of the better than relation. This paper shows that the support for intransitivity derived from this conception of value is very limited. On its most plausible (...) interpretations, it merely provides a necessary, but not sufficient, condition for intransitivity. It is further argued that the essentially comparative conception of value appears to support a disjunctive conclusion: there is incommensurability of value or betterness is not transitive. Of these two alternatives, incommensurability is preferable, because it is far less threatening to our other axiological commitments. (shrink)

Although the thesis that the moral better than relation is transitive seems obviously true, there is a growing literature according to which Parfit’s repugnant conclusion and related puzzles reveal that this thesis is false or problematic. This paper begins by presenting several such puzzles and explaining how they can be used in arguments for the intransitivity of better than. It then proposes and defends a plausible alternative picture of the behavior of better than that both resolves the repugnant conclusion and (...) preserves transitivity. On the threshold-based model of lexicality defended here, hedonic episodes whose intensity is above a certain point are lexically greater than those whose intensity is below it. The final sections argue that this model is independently plausible and can be defended from several important objections. (shrink)

In this article, monist values are expressed as preferences like in economics and decision making. On the basis of this formalization, various ways of defining value disagreement of agents within a group are investigated. Twelve notions of categorical value disagreement are laid out. Since these are too coarse-grained for many purposes, known distance-based approaches like Kendall’s Tau and Spearman’s footrule are generalized from linear orders to preorders and position-sensitive variants are developed. The account is further generalized to allow for agents (...) with incomplete information. The article ends with a discussion of known limitations of preference-based accounts of values and how these might be overcome by accounting for parity and essential incompleteness. It is also shown that one intuitively compelling notion of disagreement does not give rise to a proper distance measure. (shrink)

The independence of irrelevant alternatives is a popular and important axiom of decision theory. It states, roughly, that one’s choice from a set of options should not be influenced by the addition or removal of further, unchosen options. In recent debates, a number of authors have given putative counterexamples to it, involving intuitively rational agents who violate IIA. Generally speaking, however, these counterexamples do not tend to move IIA’s proponents. Their strategy tends to be to individuate the options that the (...) agent faces differently, so that the case no longer counts as a violation of IIA. In this paper, we examine whether this strategy succeeds. We argue that the ways of individuating options required to save IIA from the most problematic counterexamples—in particular, cases where agents violate IIA due to nonconsequentialist moral beliefs—do so only at the expense of severely compromising its central function within decision theory. (shrink)

It is intuitively attractive to think that it makes a difference in Newcomb’s problem whether or not the predictor is infallible, in the sense of being certainly actually correct. This paper argues that that view is irrational and manifests a well-documented cognitive illusion.

The puzzle of the self-torturer raises intriguing questions concerning rationality, cyclic preferences, and resoluteness. Interestingly, what makes the case puzzling has not been clearly pinpointed. The puzzle, it seems, is that a series of rational choices foreseeably leads the self-torturer to an option that serves his preferences worse than the one with which he started. But this is a very misleading way of casting the puzzle. I pinpoint the real puzzle of the self-torturer and, in the process, reveal a neglected (...) but crucial dimension of instrumental rationality. (shrink)

My thesis demonstrates that, despite a number of impossibility results, a satisfactory and coherent theory of population ethics is possible. It achieves this by exposing and undermining certain key assumptions that relate to the nature of welfare and personal identity. I analyse a range of arguments against the possibility of producing a satisfactory population axiology that have been proposed by Derek Parfit, Larry Temkin, Tyler Cowen and Gustaf Arrhenius. I conclude that these results pose a real and significant challenge. However, (...) in the absence of further evidence I reject the conclusion that they imply that the value of populations is either not precise or not transitive. Instead, I expose some fundamental assumptions behind these results. One key assumption is that something can only make a life better or worse if it makes that life better or worse for the person living it, i.e. it raises or lowers the ‘welfare level’ of that life. Although intuitively highly plausible, this assumption ignores the possibility that perspectives other than that of the person living a life may be relevant for evaluating the components of that life and that these should be incorporated into our all things considered judgements. I argue that episodes within a person’s life that are strongly psychologically connected may have a special normative significance, particularly if these episodes involve such things as the enjoyment of ‘the best things in life’ or the experience of great suffering. We have reason to assign an all things considered value to such strongly psychologically connected phases of a person’s life, where this value is not exhausted by the contributions these make to the welfare level of that person’s life as a whole. It follows that our all things considered evaluations of populations are often underdetermined by information about the welfare levels of the lives they contain. However, in certain cases, most notably in that of ‘the Repugnant Conclusion’, there is nevertheless sufficient information provided by the welfare levels of persons’ lives to allow us to infer facts about these components that make an all things considered difference to these evaluations. I argue that a failure to acknowledge these facts is the cause of the aforementioned impossibility results and that once they are taken into account it is possible to produce a satisfactory theory of population ethics. (shrink)

Many economists and philosophers assume that status quo bias is necessarily irrational. I argue that, in some cases, status quo bias is fully rational. I discuss the rationality of status quo bias on both subjective and objective theories of the rationality of preferences. I argue that subjective theories cannot plausibly condemn this bias as irrational. I then discuss one kind of objective theory, which holds that a conservative bias toward existing things of value is rational. This account can fruitfully explain (...) some compelling aspects of common sense morality, and it may justify status quo bias. (shrink)

If A is better than B and B is better than C, then A is better than C, right? Larry Temkin and Stuart Rachels say: No! Betterness is nontransitive, they claim. In this paper, I discuss the central type of argument advanced by Temkin and Rachels for this radical idea, and argue that, given this view very likely has sceptical implications for practical reason, we would do well to identify alternative responses. I propose one such response, which employs the idea (...) that rational agents might regard some options as incommensurate in value, and will reasonably employ a heuristic of status quo maintenance to avoid suboptimal choices from incommensurate goods. (shrink)

Suzumura consistency is a necessary and sufficient condition for the existence of a weak-order extension. This paper provides some remarks on collective choice rules that generate Suzumura consistent social preferences. We examine the properties of such collective choice rules by introducing a procedural condition on collective choice rules. As applications of the procedural condition, we first investigate the decisive structure of a Paretian collective choice rule, and then consider the assignment of individual rights. In our analysis, the concept of semi-decisiveness (...) works effectively. (shrink)

The money-pump argument is the standard argument for the acyclicity of rational preferences. The argument purports to show that agents with cyclic preferences are in some possible situations forced to act against their preference. In the usual, diachronic version of the money-pump argument, such agents accept a series of trades that leaves them worse off than before. Two stock objections are (i) that one may get the drift and refuse the trades and (ii) that one may adopt a plan to (...) only accept some of the trades. This article argues that these objections are irrelevant. If the diachronic money-pump argument is cogent, so is a more direct synchronic argument. The upshot is that the standard objections to the diachronic money-pump argument do not affect this simpler synchronic argument. Hence the standard objections to the money-pump argument for acyclicity are irrelevant. (shrink)

Is there some large number of very mild hangnail pains, each experienced by a separate person, which would be worse than two years of excruciating torture, experienced by a single person? Many people have the intuition that the answer to this question is No. However, a host of philosophers have argued that, because we have no intuitive grasp of very large numbers, we should not trust such intuitions. I argue that there is decent intuitive support for the No answer, which (...) does not depend on our intuitively grasping or imagining very large numbers. (shrink)

In 'Rethinking the Good', Larry Temkin makes two core claims. First, the goodness of a distribution is sometimes ‘essentially comparative’ – it sometimes depends on which alternative distribution(s) it is compared to. Second, such cases threaten the transitivity of ‘all things considered better than’. I argue that the goodness of a distribution may indeed depend on what other distributions are feasible. But contrary to Temkin, I also argue that transitivity holds even when the goodness of a distribution depends on the (...) feasible set of which it is a member. (shrink)

This thesis consists of an introduction and five essays on decision theory.

Commons problems are, understandably enough, typically thought to be problems about commons. In this paper, however, I argue that what generates some prominent examples of commons problems is not open access to a good. Instead, what generates some commons problems is a conflict of values that have different structures. After making this case, I show how the existence of such problems can motivate a version of the Precautionary Principle and a (qualified) rejection of cost-benefit analysis.

The standard argument for the claim that rational preferences are transitive is the pragmatic money-pump argument. However, a money-pump only exploits agents with cyclic strict preferences. In order to pump agents who violate transitivity but without a cycle of strict preferences, one needs to somehow induce such a cycle. Methods for inducing cycles of strict preferences from non-cyclic violations of transitivity have been proposed in the literature, based either on offering the agent small monetary transaction premiums or on multi-dimensional preferences. (...) This paper argues that previous proposals have been flawed and presents a new approach based on the dominance principle. (shrink)

The small-improvement argument is usually considered the most powerful argument against comparability, viz the view that for any two alternatives an agent is rationally required either to prefer one of the alternatives to the other or to be indifferent between them. We argue that while there might be reasons to believe each of the premises in the small-improvement argument, there is a conflict between these reasons. As a result, the reasons do not provide support for believing the conjunction of the (...) premises. Without support for the conjunction of the premises, the small-improvement argument for incomparability fails. (shrink)

Larry Temkin challenged what seems to be an analytic truth about comparatives: if A is Φ-er than B and B is Φ-er than C, then, A is Φ-er than C. Ruth Chang denies a related claim: if A is Φ-er than B and C is not Φ-er than B, but is Φ to a certain degree, then A is Φ-er than C. In this paper I advance a context-sensitive semantics of gradability according to which the data uncovered by Temkin and (...) Chang leave both statements intact. (shrink)

Pluralism is an appealing and now orthodox view of the sources of value. But pluralism has led to well-known difficulties for social-choice theory. Moreover, as Susan Hurley has argued, the difficulties of pluralism go even deeper. In 1954, Kenneth May suggested an intrapersonal analogue to Arrow's Impossibility Theorem. In brief, May showed that an individual's response to a plurality of values will, given certain additional assumptions, lead to intransitive preference orderings. (Daniel Kahneman and others have shown that intransitivity is an (...) empirical feature of preferences.) Hurley challenged May's additional assumptions as implausibly strong; but her work did not exclude the possibility that values may disobey the canon of rationality that insists on transitivity. John Broome has recently extended these canons to the "betterness" relation. This chapter argues that there is no good reason to be confident that values, understood as real features of the world, behave consistently with those canons. (shrink)

This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more defensible. The (...) second Part considers how tort has dealt with this divergence between lay and expert perspectives. It also evaluates how tort's approach has differed from that of public law approaches to accident law, such as legislative compensation and risk regulation by administrative agencies. Ultimately, tort's ability to recognize the value of lay intuitions supports retaining the tort perspective as part of our societal arsenal of responses to risk and harm. This ability can also support a pro-tort perspective in two practical debates in the arena of tort law: that over preemption of tort law by administrative agency judgments, and that over access to tort recovery as part of a no-fault system. (shrink)

“Radical The paper provides a survey of arguments for claims that rational agents should have transitive preferences and argues that they are not valid. The presentation is based on a chapter for the forthcoming Oxford Handbook of Rational and Social Choice.

Stuart Rachels and Larry Temkin have offered a purported counter-example to the acyclicity of the relationship 'all things considered better than'. This example invokes our intuitive preferences over pairs of alternatives involving a single person's painful experiences of varying intensity and duration. These preferences, Rachels and Temkin claim, are confidently held, entirely reasonable, and cyclical. They conclude that we should drop acyclicity as a requirement of rationality. I argue that, together with the findings of recent research on the way people (...) evaluate episodes of pain, the use of a heuristic known as similarity-based decision-making explains why our intuitive preferences may violate acyclicity in this example. I argue that this explanation should lead us to regard these preferences with suspicion, because it indicates that they may be the result of one or more biases. I conclude that Rachels' and Temkin's example does not provide sufficient grounds for rejecting acyclicity. (shrink)

This paper deals with problems that vagueness raises for choices involving evaluative tradeoffs. I focus on a species of such choices, which I call ‘qualitative barrier cases.’ These are cases in which a qualitatively significant tradeoff in one evaluative dimension for a given improvement in another dimension could not make an option better all things considered, but a merely quantitative tradeoff for the given improvement might. Trouble arises, however, when one of the options constitutes a borderline case of an evaluative (...) kind. I argue that in such cases we can neither affirm nor deny that trading off losses in one evaluative dimension for gains in another yields a better outcome. Theoretically, this result provides a way to defuse an argument that has been presented by both Larry Temkin and Stuart Rachels that purports to show that the ‘better than’ relation is intransitive. Practically, it allows us to undermine the claim that rational agents are better off withholding their contribution to a public good in certain instances of the free-rider problem, and thus to take an important step towards solving these problems. (shrink)

This paper deals with problems that vagueness raises for choices involving evaluative tradeoffs. I focus on a species of such choices, which I call ‘qualitative barrier cases.’ These are cases in which a qualitatively significant tradeoff in one evaluative dimension for a given improvement in another dimension could not make an option better all things considered, but a merely quantitative tradeoff for the given improvement might. Trouble arises, however, when one of the options constitutes a borderline case of an evaluative (...) kind. I argue that in such cases we can neither affirm nor deny that trading off losses in one evaluative dimension for gains in another yields a better outcome. Theoretically, this result provides a way to defuse an argument that has been presented by both Larry Temkin and Stuart Rachels that purports to show that the ‘better than’ relation is intransitive. Practically, it allows us to undermine the claim that rational agents are better off withholding their contribution to a public good in certain instances of the free-rider problem, and thus to take an important step towards solving these problems. (shrink)