:A good deal of contemporary moral nonconsequentialism assumes that agents have perfect knowledge about the various features and consequences of their options. This assumption is unrealistic. More often than not, moral agents can only assess with a certain degree of probability the factual circumstances that are morally relevant for their decision making. My aim in this essay is to discuss the problem of moral decisions under risk from the point of view of nonconsequentialism. Basically, I analyze how objective moral principles (...) can be transformed into subjective, decisional prescriptions, and argue that the standard nonconsequentialist approach to moral decision making, which focuses on probability thresholds, is wrong. In accordance with the fundamental postulates of nonconsequentialism, I seek to solve the problem of risk in moral choice by proposing a theory about the marginal moral value of various options. Actions can vary along various dimensions, and each of these dimensions can offer a different moral value function. Nonconsequentialist marginalism can level the playing field with consequentialism. Whereas consequentialism can simply borrow the notion of expected utility from economics, nonconsequentialism must introduce the notion of expectational obligation to formulate a general principle of moral choice under risk. I finally suggest that further empirical work is needed to delineate the shape of various moral value functions that are critical for applying the general principle of moral decision making under risk to well-known cases. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.DECISIONAL NONCONSEQUENTIALISM AND THE RISK SENSITIVITY OF OBLIGATIONVolume 32, Issue 2Horacio Spector DOI: https://doi.org/10.1017/S0265052516000121Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. DECISIONAL NONCONSEQUENTIALISM AND THE RISK SENSITIVITY OF OBLIGATIONVolume 32, Issue 2Horacio Spector DOI: https://doi.org/10.1017/S0265052516000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. DECISIONAL NONCONSEQUENTIALISM AND THE RISK SENSITIVITY OF OBLIGATIONVolume 32, Issue 2Horacio Spector DOI: https://doi.org/10.1017/S0265052516000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

I come to grips with the deontological critique of constitutional proportionality that asserts that this doctrine ignores rights and slips into the utilitarian maximisation of societal interests. I...

Freedom of expression is often treated as a right held by speakers, with hearers holding only a derivative right to receive expression. Roger Shiner in particular argues that we should recognize hearers rights. However, Larry Alexander argues that, if there is a moral right of freedom of expression, it is most plausibly a hearer's right to receive expression, not a speaker's right. I argue that hearers have a basic (or original) right to receive a speaker's expression, one that stands alongside (...) a speaker's right to express herself. The hearer's right to receive is no less fundamental than the speaker's right to express and, contra Alexander, the hearer's right is not more fundamental than that of the speaker. As a consequence, both Shiner's case against freedom of commercial expression and Alexander's case against so-called Track Two freedom of expression jurisprudence are weakened. (shrink)

ABSTRACTWe consider whether and under what conditions it is morally illicit to profit from poverty. We argue that when profit counterfactually depends on poverty, the agent making the profit is morally obliged to relinquish it. Finally, we argue that the people to whom the profit should be redirected are those on whom it counterfactually depends.

The Erasmus Journal for Philosophy and Economics interviewed Kagan about his formative years; his work on death, the moral status of animals, and desert; his views on changing one’s mind and convergence in philosophy; and his advice for graduate students in moral philosophy.

RésuméLa mort d'une personne peut-elle être intrinsèquement mauvaise pour la personne qui meurt? Et pourquoi est-il mal de tuer une autre personne? Je soutiens qu'une réponse adéquate à l'une ou l'autre de ces questions requiert d'apprécier l'importance morale de l'autonomie. J'examine ici la conception dominante de ce qui rend la mort mauvaise — la théorie de la dépossession —, ainsi que deux conceptions rivales de ce qui fait qu'il est mal de tuer — la théorie de la dépossession appliquée à (...) l'acte de tuer, et la thèse des droits liminaux de Judith Thomson. Bien que mon objectif principal dans cet article soit d'établir l'importance de l' autonomie pour expliquer à lafois que la mort est mauvaise et qu'il est mal de tuer, je pense également qu'une réflexion sur ce qui rend la mort mauvaise nous apprend quelque chose au sujet des droits et de leur force, et qu'une réflexion sur les droits nous apprend quelque chose quant à ce qui fait que la mort et l'immortalité sont toutes deux de mauvaises choses. (shrink)

Can all goods or bads be broken down into smaller and smaller pieces? Can all goods or bads be added together with some other good or bad to get a larger amount? Further, how does moral significance track the disaggregation and the aggregation of moral goods and bads? In Part 1, I examine the limits placed on aggregation by moderate deontological moral theories. This paper focuses in particular on the work of Judith Thomson and T.M. Scanlon as well as on (...) some of my own past work on the question of aggregation in the context of overriding rights. In Part 2, I examine consequentialist criticism that harms and benefits can be broken down into smaller pieces than the deontological theory allows and the argument that the moderate deontological view is too permissive since it allows aggregation of benefits within a single person's life. In Part 3 I suggest how a moderate deontological moral theory might respond to the criticisms. I cast my answer in terms of the existence of lumpy goods and bads. I argue that consequentialist critics of deontology are wrong to insist that all goods and bads can be disaggregated and aggregated at will. Instead, I offer the suggestion that most, or many, goods and bads come in morally significant lumps. That said, it will not always be obvious what those lumps are. Determining the texture of moral value is a substantive project in normative ethics. All I have hoped to do in this paper is suggest that two standard positions on how to group moral value are mistaken and give hope that we need not adopt one of the two. Part 4 of the paper responds to an objection and sets the stage for further work in value theory. (shrink)

Global estimates suggest that more than 100 million non-human animals are used for scientific purposes each year. The nature of the research, teaching, and testing conducted on these animals can be very invasive, painful, and fatal. Should we care? To discontinue these practices in some cases may result in human suffering. Should any human benefits of research, teaching, and testing outweigh the resultant animal suffering? This paper begins with an analysis of some of the most popular theories on the moral (...) status of animals. From this analysis it is argued that mere species membership is not a morally relevant characteristic, and that non-human animals can have moral status and moral rights. A deontological approach to adjudicating moral claims across species is presented to overcome some of the challenges typical of utilitarian and rights-based approaches. This approach is used to sketch a general framework for evaluating which types of scientific animal use ought to be permitted. It is argued further that, while some forms of scientific animal use may be permitted at present, we ought to strive for the elimination of the practice. The focus will then shift to an analysis of Canada’s regulatory system for the scientific use of animals, identifying shortcomings of this system. The Canadian approach to regulation in this area will be compared against approaches that are taken in the UK and the Netherlands which are more closely aligned with the moral arguments made in the first section. There are opportunities for Canada to learn from these countries, and remarks will be made on how and why Canada should improve the regulation of animals in research, teaching, and testing. Such changes have the potential to improve the wellbeing not only of the animals used in science, but for humans as well. Finally, expected costs and benefits that would accompany the implementation of the recommendations are considered with comments on how costs can be alleviated and why they should be incurred. (shrink)