Theoria, Volume 88, Issue 4, Page 850-867, August 2022.

While objective values need not be intrinsically motivating, need not actually motivate us, they would determine what we ought to pursue and protect. They would provide reasons for actions. Objective values would come in degrees, and more objective value would provide stronger reasons. It follows that, if objective value exists, we ought to maximize it in the world. But virtually no one acts with that goal in mind. Furthermore, objective value would exist independently of our subjective valuings. But we have (...) no way of measuring amounts of such values independently of the ways we value objects. While a subjectivist can account for mistaken values, a fully impersonal viewpoint, from which objective values would appear, seems instead to cause all values to disappear. Nor does the moral point of view, which requires more impartiality than agents usually exhibit, reveal fully objective values. The paper closes with an examination of the most widely endorsed candidates for states having positive and negative objective values: pleasures and pains. It concludes again that, once we adjust for worthiness of the object and desert of the subject for such states, there is no way to measure their supposed objective value. (shrink)

This paper develops a Kantian account of the moral assessment of institutions. The problem I address is this: while a deontological theory may find that some legal institutions are required by justice, it is not obvious how such a theory can assess institutions not strictly required (or prohibited) by justice. As a starting-point, I consider intuitions that in some cases it is desirable to attribute non-consequentialist moral value to institutions not required by justice. I will argue that neither consequentialist nor (...) virtue-ethical accounts account for these intuitions, suggesting that a distinctive deontological account is needed. The account I give is drawn from Kant’s Metaphysics of Morals; I distinguish it from Kantian views of institutions developed by Barbara Herman and Onora O’Neill. Throughout, I use marriage as an example. (shrink)

Focusing on a particular facet of entitlement theory, I criticize the view that Nozick’s version of the theory provides an adequate description of procedural justice. I agree with Nozick that justice is procedural; however, I believe his entitlement theory as it currently stands is incomplete. I show that Nozick is committed to believing that the implied content of his entitlement theory is unjust, and therefore that a certain set of market transactions ought to be judged as legally wrong according to (...) Nozick’s own political foundations. Furthermore, I demonstrate that the Non-Aggression Principle is inconsistent with what a procedurally just entitlement theory would require, and therefore diminishes the degree to which a full-fledged account of distributive justice can properly be called libertarian. Finally, I offer a principle intended as a starting point for a discussion of what constitutes just transfer, and briefly speculate as to the legal results of implementing such a principle. (shrink)