Moral Norms

In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.

According to the practice-focused approach to moral agency, a participant stance towards an entity is warranted by the extent to which this entity qualifies as an apt target of ascriptions of moral responsibility, such as blame. Entities who are not eligible for such reactions are exempted from moral responsibility practices, and thus denied moral agency. I claim that many typically exempted cases may qualify as moral agents by being eligible for a distinct participant stance. When we participate in moral responsibility (...) practices, we are not only participating as potential targets of moral reactions, but also as sources of such address, i.e. as moral addressors. By consequence, there are entities towards which we seem to have reason to adopt an addressor participant stance, regardless of their eligibility as moral addressees. This expanded theoretical room for moral agency may also be of normative import. (shrink)

Joe Horton’s all-or-nothing problem concerns a situation in which it is morally permissible to do nothing and to save two people but not to save only one. This description seems to entail that we should do nothing rather than save only one. I object to Horton’s solution and challenge a principle he draws attention to, which is required to generate the problem but which Horton regards as beyond dispute.

Virtue theories can plausibly be argued to have important advantages over normative ethical theories which prescribe a strict impartialism in moral judgment, or which neglect people’s special roles and relationships. However, there are clear examples of both virtuous and vicious partiality in people’s moral judgments, and virtue theorists may struggle to adequately distinguish them, much as proponents of other normative ethical theories do. This paper first adapts the “expanding moral circle” concept and some literary examples to illustrate the difficulty of (...) adequately distinguishing virtuous from vicious partiality. Later sections aim to show how an adequate philosophical ethics will be able to both a) attribute virtue (and hence praiseworthiness) to agents whose actions may directly serve only their special interests, roles, or special relationships; and b) attribute vice (and hence censure) where an agent’s attitudes and/or actions mirror known personal biases (for instance, an egoistic attitude) or social biases (for instance, and ethnocentric attitude). This dual ability leaves space for much virtuous partiality, while also reflecting a “risk-aware” approach, recognizing the deleterious consequences of our human penchant for constructing and imbuing moral significance to oftentimes factitious us/them dichotomies. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, resolving (...) to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

I argue that a Kantian inspired investigation into animal morality is both a plausible and coherent research program. To show that such an investigation is possible, I argue that philosophers, such as Korsgaard, who argue that reason demarcates nonhuman animals from the domain of moral beings are equivocating in their use of the term ‘rationality’. Kant certainly regards rationality as necessary for moral responsibility from a practical standpoint, but his distinction between the noumenal and phenomenal means that he can only (...) establish it as a marker for morality from a theoretical standpoint. This means that when it comes to evaluating the moral capabilities of others, rationality can be neither necessary nor sufficient for morality, leaving open the possibility of other empirical markers for moral responsibility. I argue that the higher faculties, character, implicit knowledge of universality, and antecedent practical pleasures (which provide a way to distinguish between morally motivated behaviour and other types of socially motivated behaviour) can all serve as empirical markers for morality. There is empirical evidence that at least some animals have conceptual capabilities and therefore the empirical marker of the higher faculties. In addition, there is suggestive evidence that merits further investigation for the other three markers. While this will not provide a definitive answer on whether animals are capable of acting morally, it will provide a Kantian outlook that can be used to evaluate empirical and philosophical work on animal morality. (shrink)

We argue that P. F. Strawson's hugely influential account of moral responsibility in ‘Freedom and Resentment’ (FR) is inextricably bound up with his barely known account of morality in ‘Social Morality and Individual Ideal’ (SMII). Reading FR through the lens of SMII has at least three far-reaching implications. First, the ethics–morality distinction in SMII gives content to Strawson's famous distinction between personal and moral reactive attitudes, which has often been thought to be a merely formal distinction. Second, the ethics–morality distinction (...) sheds light on the scope of moral responsibility in FR, which is narrower than commentators think. Third, Strawson's discussion of morality shows that he was not insensitive to issues of power, as several critics have claimed. The link between morality and power helps to make clear that Strawson allows for criticism of our moral responsibility practices. (shrink)

The present work deals with the problem that negligence poses for the relationship between agency and responsibility, that is, it is not possible to establish a sharp connection between the agent’s guilty mind and the wrongful situation. A critical examination of the various strategies that attempt to deal with this problem is presented, and an ascriptivist conception of action and responsibility, as well as the distinction between conduct rules and imputation rules, is developed to address the problem. As a result, (...) a complex theory of agency is defended, the distinction between tracing and non-tracing cases is supported, and it is proposed to understand the latter under the social and normative aspects of agency. (shrink)

In this paper I describe two distinctions about what “eating animals” entails which are often confused in conversations or arguments aimed against meat-based diets and try to show how both distinctions, on their own lights, ultimately support a concern for all fellow creatures, regardless of species or other biological categories. The distinctions in question are: the distinction between moral and nonmoral actions, presumptions about which serve to define whether or not particular topics (like meat consumption) deserve moral consideration whatsoever, and (...) the distinction between moral and immoral actions, about which suppositions bear on both reflexive and considered moral judgments to inform agents in making meaningful normative decisions. (shrink)

In the last couple of years, two important books concerning moral progress arrived in the press, namely Philp Kitcher’s Moral Progress and Victor Kumar’s and Richmond Campbell’s A Better Ape. In this critical notice, I review both books and problematize the way in which they respectively try to tie together moral progress and the theory of evolution.

In this essay, I argue that the objections that have been raised against the view that equality is intrinsically valuable also provide objections to the view that all practical reasons can be explained in terms of value. Plausible egalitarian principles entail that under certain conditions people have claims to an equal share. These claims entail reasons to distribute goods equally that cannot be explained by value if equality has no intrinsic value.

Sans régularité le monde ne serait que chaos. C’est la régularité dans nos comportements et dans nos représentations qui nous permet d’anticiper ce qui peut ou non arriver. La source de cette régularité n’est pas cependant facile à établir sans postuler des entités telles que les « lois de la nature » ou les « maximes morales », autrement dit, des « règles abstraites » dont la source, la forme et l’implantation semblent nous échapper. Dans cet essai on renonce à (...) la quête de ces insaisissables règles abstraites qui existeraient indépendamment de nous. Tout ce qui est général, des lois physiques aux principes éthiques, relèverait des énonces normatifs émanant d’une autorité plus ou moins diffuse. Des énoncés normatifs qui parviennent à s’implanter dans nos sociétés en imposant une façon de regarder le monde et d’y agir. Le reste des régularités, à commencer par celles façonnées par nos connaissances langagières, seraient le résultat des processus spontanés se déroulant soit au niveau de l’individu (règles individuelles) soit au niveau du collectif (conventions). (shrink)

According to second‐personal approaches to moral obligation, the distinctive normative features of moral obligation can only be explained in terms of second‐personal relations, i.e. the distinctive way persons relate to each other as persons. But there are important disagreements between different groups of second‐personal approaches. Most notably, they disagree about the nature of second‐personal relations, which has consequences for the nature of the obligations that they purport to explain. This article aims to distinguish these groups from each other, highlight their (...) respective advantages and disadvantages, and thereby indicate avenues for future research. (shrink)

Kant’s formula of universal law (FUL) is standardly understood as a test of the moral permissibility of an agent’s maxim: maxims which pass the test are morally neutral, and so permissible, while those which do not are morally impermissible. In contrast, I argue that the FUL tests whether a maxim is the cause or determining ground of an action at all. According to Kant’s general account of causality, nothing can be a cause of some effect unless there is a law-like (...) relation between the putative cause and effect. Applied to the case of action, no maxim can be the cause of an agent’s action unless there is a law-like relation between maxims of that kind and actions of that kind. The special capacity to act according to maxims as law-like causes is what Kant calls a will; the basic constitutive principle of the will is a non-normative principle I call the categorical declarative. While the actions of a perfectly good will would be described by the categorical declarative alone, human action is determined not only by the causality of the will, but also by competing causes, namely those stemming from inclination. There is thus need for a causal test for putative maxims. The test contained in the FUL is meant to determine whether an action could be grounded solely on the agent’s maxim, or whether it requires a cause external to the will. This account permits one to build eventual distinctions concerning the morality of actions on prior and independent distinctions concerning their causality. (shrink)

The moral principle that Ought Implies Can (“OIC”) is often assumed without argument in normative discourse. Is this assumption defensible? Some would argue that it is not, as there are many purported counterexamples against it in the literature. However, OIC is not so much a single principle as rather a family of them. In this paper, I will argue that, while not every OIC-type principle is defensible, at least one of them may be. I defend the cognate moral principle that (...) Ought Implies Can or Could Have (“OICCH”). I first show that it is able to circumvent the traditional counterexamples to OIC. And then I show that OICCH is even more plausible than some of the best alternative OIC-type principles to date. The upshot of this paper is that those who find OIC compelling should consider accepting OICCH instead. (shrink)

Extract: -/- Maria Baghramian and Annalisa Coliva (henceforth, B&C) have written a superb, compendious book on various kinds of relativism (2019). While they give nuanced and sympathetic reconstructions of these views, it is illuminating to see them show, repeatedly and in detail, how each of these views succumbs to a familiar dilemma: a relativistic view requires that it be possible for two judgers to genuinely disagree with one another, even while their views count as ‘equally valid’. However, it is not (...) possible to make sense of this combination: in each and every case, the view either fails to specify a genuine disagreement, or it fails to make sense of equal validity. -/- Since I completely agree with this type of critique of relativistic views (see Boghossian 2006, 2008), I found it hard to find something to write a critical notice about. However, there is one argument I was not convinced by and that is B&C’s argument against Gilbert Harman’s influential version of moral relativism. Since their discussion of Harman is original and interesting and leads to a number of fundamental philosophical issues, I will devote this notice to a detailed critique of it. (shrink)

The numbness and emotional consciousness in front of the evil and suffering produced by a more widespread «communication spectacularized» pose questions and urge to intervene critically in reflection on interpersonal communication and media, to stem as much as possible some tendencies of contemporary culture. This contribution aims to cross transversely knowledge, tradition, and some socio-cultural productions of man (in particular Philosophyand Religion) to identify some critical points, which can be useful in the pedagogical debate. It also pursues the purpose of (...) inspiring a new educational and existential practice in which the progressive development of a more authentically human being is experienced in everyday life of teachers and pupils and can find a new incarnation in different ways and forms of communication. (shrink)

There are cases in which, intuitively, an agent’s action is both morally right in one sense, and morally wrong in another sense. Such cases (along with other intuitions about blameless wrongdoing and action-guidance) support distinguishing between the objective moral ‘ought’ and the subjective moral ‘ought.’ This chapter argues against drawing this distinction, on the grounds that the prescriptions delivered by an adequate objective moral theory must be sensitive to the mental states of agents. Specifically, an adequate theory of the objective (...) moral ‘ought’ must respect a strong ought-implies-can principle—morally ought implies agentially can—in order to prescribe actions to real-life agents. An agent’s mental states determine what is agentially possible for that agent; thus, what an agent objectively morally ought to do is in part determined by the agent’s mental states. This chapter describes the structure of a compelling non-ideal moral theory that is both objective and mental state-sensitive. This non-ideal theory illuminates the shortcomings of extant objectivist and subjectivist moral theories, and illustrates how we can dispense with the subjective moral ‘ought.’. (shrink)

Building on the discussion between Stephen Darwall and Michael Tomassello, we propose an alternative evolutionary account of moral motivation in its two-pronged dimension. We argue that an evolutionary account of moral motivation must account for the two forms of moral motivation that we distinguish: motivation to be partial, which is triggered by the affective relationships we develop with others; and motivation to be impartial, which is triggered by those norms to which we give impartial validity. To that aim, we present (...) the second-person standpoint of morality, first as Darwall conceives of it, and then as we reinterpret it from a naturalistic approach. Then we synthesize Tomasello’s evolutionary account of morality, and Darwall’s objections to it. To reply to those objections, building on Tomasello’s proposal, we argue that the motivation to be impartial, and the feeling of obligation to comply with normative requirements, appeared when humans anticipated and, critically, internalized others’ sanctions to the violation of social norms. Consequently, we posit that social norms and sanctions appeared first at the community level, and only after that were they internalized in the form of self-directed reactive attitudes. Finally, we derive some corollaries that follow from our proposal. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

Traditional paradigm on marriage equality focused on a humanitarian appeal and was set as a path dependency model on marriage equality for the suppressed regions. However, such gender based focus has largely neglected the multilateral movements underlying the macro- political-economic structures that shaped law as a power political means. Consequentially, LGBTQI existence became marginalized from the public consciousness with structural realist state hierarchies that further undermines the fundamental freedoms of the LGBTQI popula- tion. This makes the question on LGBTQI equal (...) marriage from a simple humanitarian value based discourse to a macro-political-economy question. The article adopts the Maslow’s hier- archy of needs as the analytical framework on the developing country as the People’s Republic of China (PRC) in relation to multilateralism and global economy on the necessity to legalize LGBTQI marriage. (shrink)

What are the nature and status of moral norms? And what makes individuals abide by them? These are central questions in metaethics. The first concerns the nature of the moral domain—for example, whether it exists independently of what individuals or groups think of it. The second concerns the bindingness or practical clout of moral norms—how individuals feel impelled to abide by them. In this article, I bring two distinct approaches to these questions into dialogue with one another.

Review of Andreas Müller's Constructing Practical Reasons.

The dominant theory of the evolution of moral cognition across a variety of fields is that moral cognition is a biological adaptation to foster social cooperation. This chapter argues, to the contrary, that moral cognition is likely an evolutionary exaptation: a form of cognition where neurobiological capacities selected for in our evolutionary history for a variety of different reasons—many unrelated to social cooperation—were put to a new, prosocial use after the fact through individual rationality, learning, and the development and transmission (...) of social norms. This chapter begins with a brief overview of the emerging behavioral neuroscience of moral cognition. It then outlines a novel theory of moral cognition that I have previously argued explains these findings better than alternatives. Finally, it shows how the evidence for this theory of moral cognition and human evolutionary history together suggest that moral cognition is likely not a biological adaptation. Instead, like reading sheet music or riding a bicycle, moral cognition is something that individuals learn to do—in this case, in response to sociocultural norms created in our ancestral history and passed down through the ages to enable cooperative living. (shrink)

Considerations of nonhuman animal moral agency typically base their reasoning and (very often negative) verdict on a capacity‐focused approach to moral agency. According to this approach, an entity is a moral agent if it has certain intrapersonal features or capacities, typically in terms of conscious reflection and deliberation. According to a practice‐focused notion of moral agency, however, an entity is a moral agent in virtue of being a participant of a moral responsibility practice (MRP). I argue that a practice‐focused approach (...) to moral agency, combined with empirical evidence from research on canid social play and cognition, with support from The Function Argument, makes the notion of nonhuman animal moral agency more likely than usually indicated. However, the support is not absolute, as the practice‐focused approach itself may be put into question. I describe how this objection prompts us to critically assess any empirical, metaethical, or normative assumptions on these matters. These questions, in turn, raise a number of further questions of how we should conceive of, use, and evaluate whatever standards of moral agency we adopt. (shrink)

O objetivo deste artigo é o de apresentar algumas posições filosóficas, que dialogam com diferentes áreas do conhecimento, e que nos auxiliam a dar um passo a mais na compreensão da relação entre razão e emoção. Em primeiro lugar, apresentamos a ideia dos marcadores somáticos, de Damasio, que elucida o papel dos afetos no desenvolvimento do pensamento racional. Em segundo lugar, observamos que indivíduos psicopatas apresentam uma capacidade reduzida em diferentes esferas da vida, com evidente diminuição na capacidade de ligar (...) sentimentos negativos a normas morais, o que leva a um comportamento moral inadequado e interfere na capacidade deliberativa. Por fim, apresentamos a teoria de Shaun Nichols acerca da Affective Resonance: normas que possuem respaldo afetivo (principalmente negativo) possuem vantagens de transmissão cultural, em detrimento de normas afetivamente neutras. Estes estudos comprovam a importância dos afetos para o pensamento racional e para a manutenção e propagação de normas e regras morais. A ideia principal aqui defendida é a de que há uma estreita relação entre razão e emoção. Ao elucidar esta relação, podemos aprofundar os estudos sobre a condição humana, em especial a razão e a moral. -/- The aim of this article is to present some of the philosophical positions that dialogue with different areas of knowledge and that help us take a step further in the understanding of the relationship between reason and emotion. First, we present Damasio's idea of somatic-markers, which elucidates the role of affections in the development of rational thought. Second, we observe that these exhibit a reduced capacity in different spheres of life, with a decreased ability to connect negative components to moralnorms, resulting in inappropriate moral behavior and interfering with deliberative capacities. Finally, we present Shaun Nichols' theory on Affective Resonance, the norms that comprise affective support (mainly negative) exhibit cultural transmission advantages to the detriment of affectively neutral norms. These studies prove the importance of affections inrational thinking and in the maintenance and propagation of moral norms and rules. The main idea defended herein is that a close relationship between reason and emotion takes place. By elucidating this relationship, we are able to deepen studies concerning the human condition, especially with regard to reason and morality. (shrink)

Morally speaking, what should one do when one is morally uncertain? Call this the Moral Uncertainty Question. In this paper, I argue that a non-ideal moral theory provides the best answer to the Moral Uncertainty Question. I begin by arguing for a strong ought-implies-can principle---morally ought implies agentially can---and use that principle to clarify the structure of a compelling non-ideal moral theory. I then describe the ways in which one's moral uncertainty affects one's moral prescriptions: moral uncertainty constrains the set (...) of moral prescriptions one is subject to, and at the same time generates new non-ideal moral reasons for action. I end by surveying the problems that plague alternative answers to the Moral Uncertainty Question, and show that my preferred answer avoids most of those problems. (shrink)

The Philosophical Forum, Volume 52, Issue 3, Page 211-220, Fall 2021.

This article analyses the slippery notions of the normal and normality in select works of Richard von Krafft-Ebing (1840–1902) and Sigmund Freud (1856–1939) and argues that homosexuality became a ‘boundary object’ between the normal and the abnormal in their works. Constructing homosexuality as ‘normal enough’ provided these two key thinkers of the fin de siècle with an opportunity to challenge societal and medical norms: Krafft-Ebing did this through mapping perversions; Freud, by challenging perceived norms about sexual development more broadly. The (...) article submits that the scientific logic presented in Krafft-Ebing’s seminal case study compilation Psychopathia Sexualis and Freud’s early theoretical writings and cases, including Three Essays on the Theory of Sexuality (1905), was itself haunted by notions of norms and the normal that were not always easy to resolve, and sometimes involved a certain amount of inspired conjecture on the part of both thinkers in order to develop and validate their differing tripartite models of normality. Krafft-Ebing imagined homosexuality as a variation of the normal by generalizing a gay male experience. He also recorded the obstreperous cases of homosexual women based largely inside the clinic but by and large ignored this evidence. Freud inextricably bound homosexuality to normality (and vice versa) by redefining homosexuals as a group to include individuals with unconscious same-sex desire. Doing so allowed him to conceptualize the fear of homosexuality as crucial in the formation of neurosis and psychosis, and at the same time put him at odds with relevant early identity politics. (shrink)

To help bridge the explanatory gap of how normativity branched off into morality in the course of evolutionary history, I claim that morality is a form of social normativity, specifically a form of cultural normativity. Furthermore, with the origins of its behavioral capacities rooted in normative practice, morality should be considered as an exaptation, a secondary adaptation shaped through cultural selection and evolution. Cultural selection pressures differ across social groups, as well as various species. Empirical evidence has shown that animals (...) other than humans are capable of normative behavior, and that they can also be subject to processes of cultural transmission. With an inclusive approach to defining social behaviors, I argue that non-human, socio-cultural animals can engage in moral behavior. (shrink)

Kant’s formula of universal law says that it is morally impermissible to act on maxims which lead to a contradiction, when universalized. Korsgaard famously argues that we should understand the contradiction involved in Kant’s formula of universal law test as practical contradiction. In her later works, Korsgaard provides an argument for the truth of Kant’s moral law from the principles that are, on her view, constitutive of human agency, including the principle of publicity, the principle of universality and the hypothetical (...) imperative. In this paper I will, first, clarify Korsgaard’s argument, and, then, argue that her argument cannot vindicate Kant’s moral law. More specifically, I will argue that Korsgaard’s principles, contrary to what she aims, fail to occupy a middle ground between agent-neutral and agent-relative morality; for they rest upon an ambiguity in the notion of sharing the ends of other agents. As a result, Korsgaard’s constitutive principles are either implausible, or too weak to be able to ground our ordinary moral obligations. (shrink)

In her much debated article Modern Moral Philosophy Elizabeth Anscombe is known to argue that we are best advised to abandon the concept of moral obligation from moral discourse. This paper offers a step by step analysis of her argument against the concept of moral obligation by considering all of her relevant writings in moral philosophy and action theory. In doing so, it discusses her critical account of morality which turns out to be based on a non-homogeneous theory of practical (...) normativity that has fundamental roots in Modern Moral Philosophy. Finally, it appears that Anscombe’s arguments against central concepts of modern moral philosophy show inner inconsistencies and weaknesses that give also reason to criticize her general philosophical position. (shrink)

[This paper is available as open access from the publisher.]The conventional wisdom in ethics is that pure moral laws are at least metaphysically necessary. By contrast, Moral Contingentism holds that pure moral laws are metaphysically contingent. This paper raises a normative objection to Moral Contingentism: it is worse equipped than Moral Necessitarianism to account for the normative standing or authority of the pure moral laws to govern the lives of the agents to whom they apply. Since morality is widely taken (...) to have such a standing, failing to account for it would be a significant problem. The objection also shows that the debate about the modal status of moral principles isn’t a debate solely within modal metaphysics, but has implications for topics in moral philosophy. (shrink)

To answer tantalizing questions such as whether animals are moral or how morality evolved, I propose starting with a somewhat less fraught question: do animals have normative cognition? Recent psychological research suggests that normative thinking, or ought-thought, begins early in human development. Recent philosophical research suggests that folk psychology is grounded in normative thought. Recent primatology research finds evidence of sophisticated cultural and social learning capacities in great apes. Drawing on these three literatures, I argue that the human variety of (...) social cognition and moral cognition encompass the same cognitive capacities and that the nonhuman great apes may also be normative beings. To make this argument, I develop an account of animal social norms that shares key properties with Cristina Bicchieri's account of social norms but which lowers the cognitive requirements for having a social norm. I propose a set of four early developing prerequisites implicated in social cognition that make up what I call naïve normativity: the ability to identify agents, sensitivity to in-group/out-group differences, the capacity for social learning of group traditions, and responsiveness to appropriateness. I review the ape cognition literature and present preliminary empirical evidence supporting the existence of social norms and naïve normativity in great apes. While there is more empirical work to be done, I hope to have offered a framework for studying normativity in other species, and I conclude that we should be open to the possibility that normative cognition is yet another ancient cognitive endowment that is not human-unique. (shrink)

This paper compares Kant’s and Sidgwick’s arguments in defense of objective practical knowledge. While Kant focuses on practical truths in terms of practical laws governing the mind in action, Sidgwick is concerned with practical truths about action. This is a crucial difference in the understanding of practical knowledge, which is matched by a different understanding of moral phenomenology and of the significance of subjective experience in accounting for the authority of moral obligations. Key to these differences is a more fundamental (...) divergence regarding reflection and its impact on agency. On the Kantian view, reflection is inherent to rational action, understood as the result of the activity of reason. On Sidgwick’s view, instead, reflection is direct reflection on the nature of the proposition in question, that is, first-order judgment. This difference affects the prospects of their respective arguments against ethical naturalism, the view that the normative phenomena relative to right and wrong can be explained away in terms of desires and other psychological mechanisms. Ultimately, the Kantian view allows for a more promising conception of ethical objectivity. (shrink)

In recent attempts to define ‘harm’, the most promising approach has often been thought to be the counterfactual comparative account of harm. Nevertheless, this account faces serious difficulties. Moreover, it has been argued that ‘harm’ cannot be defined without reference to a substantive theory of well-being, which is itself a fraught issue. This has led to the call for the concept to simply be dropped from the moral lexicon altogether. I reject this call, arguing that the non-comparative approach to defining (...) harm has not been sufficiently explored. I then develop such an account that avoids the difficulties faced by comparative accounts whilst not presupposing a substantive theory of well-being. I conclude that this definition renders a concept of harm that can be meaningfully employed in our moral discourse. (shrink)

John Searle, in several articles and books, has contended that institutions incorporating status functions with deontic powers are created by collective acceptance. I argue that collective acceptance can create new status functions with deontic powers only if other status functions with deontic powers already exist, so that collective acceptance can create new institutions only if other institutions are presupposed. So, the claim that institutions depend upon collective acceptance involves a vicious infinite regress. I provide an example to show how an (...) institution of slavery could be created by individual acceptances plus mutual belief about those acceptances. I consider whether an institution could be created by individual acceptances without mutual belief about those acceptances; but my conclusion is largely negative. I contend that the emergence of a new institution presupposes an existing institutional context and I explain how infinite regress can be avoided. (shrink)

An error theory about moral reasons is the view that ordinary thought is committed to error, and that the alleged error is the thought that moral norms (expressing alleged moral requirements) invariably supply agents with sufficient normative reasons (for action). In this paper, I sketch two distinct ways of arguing for the error theorist's substantive conclusion that moral norms do not invariably supply agents with sufficient normative reasons. I am primarily interested in the somewhat neglected way, which I call the (...) alternative route. A reason for this is because it seems a genuine question whether the alternative route towards the substantive conclusion need be as troubling to the moralist as the standard route. My hunch is that it is not. Though the alternative error theory denies justification from genuinely moral acts, it also does so from acts born out of self-interest or immorality. If the alternative theory is true, the moralist can at least hold on to the claim that if genuinely moral considerations fail to provide agents with reasons for action, nothing else (of the sort) does. (shrink)

A lively debate in the literature on moral progress concerns the role of practical reasoning: Does it enable or subvert moral progress? Rationalists believe that moral reasoning enables moral progress, because it helps enhance objectivity in thinking, overcome unruly sentiments, and open our minds to new possibilities. By contrast, skeptics argue that moral reasoning subverts moral progress. Citing growing empirical research on bias, they show that objectivity is an illusion and that moral reasoning merely rationalizes pre-existing biased moral norms. In (...) this article, I argue that both the rationalists and the skeptics fail to understand fully the role of practical reasoning by focusing exclusively on moral reasoning to the neglect of social reasoning. In the first half of the article, I argue against the skeptics by vindicating moral reasoning. I identify a Democratic Model of moral reasoning which is reliable and effective in overcoming bias. In the second part of the article, I argue against the rationalists. Drawing on a paradigmatic case of moral progress, i.e., the British abolition of the slave trade, I illustrate that moral reasoning, even when sound, is insufficient to motivate progressive action. The explanation for this puzzling phenomenon is not that the moral norm against cruelty is inert, as skeptics might suggest. Rather, it is that the moral norm against cruelty was overridden by the social norm of slavery which was tied to the British joint commitments to freedom and national honour. The debate between rationalists and skeptics centers around the moral rationality of human action, failing to recognize that human action is in fact primarily about social rationality. I defend a joint commitment account of social rationality, and offer a novel Communitarian Model of social reasoning which follows the logic of social rationality to revise social norms. I defend the reliability and efficacy of the Communitarian Model of social reasoning by applying it to the abolitionist social movement to show how Britons gave fellow Britons social reasons grounded in their joint commitments to freedom and national honour to end slavery. (shrink)

In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...) taken as consent- communicating. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

Should the norms of honor cultures be classified as a variety of morality? In this paper, we address this question by considering various empirical bases on which norms can be taxonomically organised. This question is of interest both as an exercise in philosophy of social science, and for its potential implications in meta-ethical debates. Using recent data from anthropology and evolutionary game theory, we argue that the most productive classification emphasizes the strategic role that moral norms play in generating assurance (...) and stabilizing cooperation. Because honor norms have a similar functional role, this account entails honor norms are indeed a variety of moral norm. We also propose an explanation of why honor norms occur in a relatively unified, phenotypically distinctive cluster, thereby explaining why it is tempting to regard them as taxonomically distinct. (shrink)

I outline four conditions on permissible promise-making: the promise must be for a morally permissible end, must not be deceptive, must be in good faith, and must involve a realistic assessment of oneself. I then address whether promises that you are uncertain you can keep can meet these four criteria, with a focus on campaign promises as an illustrative example. I argue that uncertain promises can meet the first two criteria, but that whether they can meet the second two depends (...) on the source of the promisor's uncertainty. External uncertainty stemming from outside factors is unproblematic, but internal uncertainty stemming from the promisor's doubts about her own strength leads to promises that are in bad faith or unrealistic. I conclude that campaign promises are often subject to internal uncertainty and are therefore morally impermissible to make, all else being equal. (shrink)

James Doyle’s book is provocative and timely. It is an important contribution to the current wave of Anscombe scholarship, and it offers valuable insights into general metaethical ques­tions, such as: In what senses might morality be “unintelligible”? Or: To what extent does a divine law ethics rest on practical reason? Here, I do not want to summarize the many ad­mirable features of Doyle’s book. I will instead focus on his two main theses, of which I re­main unconvinced.

This paper focuses on the interaction of reasons and argues that reasons for an action may transmit to the necessary means of that action. Analyzing exactly how this phenomenon may be captured by principles governing normative transmission has proved an intricate task in recent years. In this paper, I assess three formulations focusing on normative transmission and necessary means: Ought Necessity, Strong Necessity, and Weak Necessity. My focus is on responding to two of the main objections raised against normative transmission (...) for necessary means, in that they seem to give us reasons for buying tickets to plays we have no intention of seeing and that the principles give us the wrong result when the means are necessary but not sufficient. Even though these objections have been discussed previously, the counterarguments have so far relied on rejecting premises that the proponents of these objections are unlikely to concede. In this paper, I show how we may answer the objections in a way more likely to convince proponents of the objections. The result is an argument for a key aspect when it comes to understanding how reasons and ends-means normativity function. Normative transmission from ends to necessary means is not only interesting at the structural level, it is also possible to argue that it has implications for areas as diverse as philosophy of rationality, political philosophy and applied ethics. (shrink)

Many neo-Aristotelians argue that practical identities are normative, that is, they provide us with reasons for action and create binding obligations. Kantian constructivists agree with this insight but argue that contemporary Aristotelians fail to fully justify it. Practical identities are normative, Kantian constructivists contend, but their normativity necessarily derives from the normativity of humanity. In this paper, I shed light on this underexplored similarity between neo-Aristotelian and Kantian constructivist accounts of the normativity of practical identities, and argue that both ultimately (...) fail. I end by suggesting an alternative justification of the claim that practical identities are normative. (shrink)

The chapter juxtaposes the fairly quick and automatic thinking and decision making that constitutes everyday moral thought and action with the slower, more complicated, and more reflective thinking that steps beyond everyday moral thought. Various difficulties that can slow down everyday moral thought are catalogued in this paper. The paper explains how dealing with many of these difficulties leads to thinking about moral principles. And, even where there are not such difficulties, everyday moral thought can be challenged by repeated “why?” (...) questions. Pushed far enough, such questions have to be answered by admitting ignorance or by pointing to theses about whatever ultimately makes acts morally required, permissible, or prohibited. Such theses are moral theories. As a point about moral theories, the paper ends by pointing out a respect in which everyday moral thought is more like rule-consequentialism, contractualism, foundational pluralism, and virtue ethics than everyday moral thought is like traditional act-consequentialism. (shrink)

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all (...) it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink)