It is commonly held that “ought implies can.” If so, what constraints does that place on the law? Having provided an argument which allows the maxim to be used by lawyers, I consider the application of that argument to both primary and remedial legal duties. This, it turns out, gives us some reason to reconsider whether the maxim is sound. Further, even if the maxim is sound, it has less purchase on remedial duties than is commonly supposed.

The aim of this article is twofold. First, it is argued that while the principle of ‘ought implies can’ is certainly plausible in some form, it is tempting to misconstrue it, and that this has happened in the way it has been taken up in some of the current literature. Second, Kant's understanding of the principle is considered. Here it is argued that these problematic conceptions put the principle to work in a way that Kant does not, so that there (...) is an important divergence here which can easily be overlooked. (shrink)

Why should I take care of my aging parents? How far will morality require me to sacrifice for this cause? I will study these questions from the perspectives of Confucianism and rule‐consequentialism. Confucians believe that the continuity of families and the interactions between members of different generations can enhance the integrity of society in the long run. However, since Confucianism may impose extreme demands on its followers, this theory may be problematic. In this paper, I argue that despite its demands, (...) the Confucian doctrines are defensible and are worth upholding. To explain my view, I draw upon rule‐consequentialism and explain how the rule‐consequentialist analysis complements and enhances the Confucian claims. I believe that the consequentialist conception of Confucianism can provide a useful resource for responding to the moral challenge of population aging in the current state of the world. (shrink)

In this paper I argue for the following conclusions: 1. The widely shared beliefs that in utilitarianism and consequentialism (a) the good has priority over the right and (b) the right is derived from the good, are both false. 2. The most plausible components of utilitarianism that are used to present it as an intuitively compelling moral theory - welfarism, consequentialism and maximization - do not in fact support utilitarianism because they do not establish that the best state of affairs (...) is the one with the highest sum total of the non-moral good. These components cannot determine which state of affairs is the best and therefore leave it entirely open whether one should opt for distribution-insensitive utilitarianism or a distribution-sensitive welfarist consequentialism. Since this is left open, it is not the case that distribution-insensitive utilitarianism is the default option and every deviation from it towards a more just distribution needs to be defended against utilitarianism. Rather, in light of our moral intuitions and the persistence of the objection from justice against utilitarianism, it seems to be the other way round, that distribution-sensitivity is the default option and any deviation from it bears the burden of proof. (shrink)

The American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct places ethical obligations upon psychologists based on another’s “age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language or socioeconomic status.” This article explores 18 major problems with ethical prescriptions contained in the Ethical Code involving this phrase, including problems in clarity, inconsistency, comprehensiveness, its epistemic assumptions, and its impossibility for adherence, among others.

ABSTRACT:In this article we investigate a philosophical problem for normative business ethics theory suggested by a phenomenon that contemporary psychologists call “bounded ethicality,” which can be identified with the putative fact that well-intentioned people, constrained by psychological limitations, make ethical choices inconsistent with their own ethical beliefs and commitments. When one combines the idea that bounded ethicality is pervasive with the idea that a person morally ought to do something only if she can, it raises a doubt about the practical (...) relevance of the moral principles that business ethics theory prescribes. We call this doubt the Radical Behavioral Challenge. It consists in the idea that people cannot generally conform to the normative ethical principles that business ethics theorists prescribe, and that these principles are therefore practically irrelevant. We answer the Radical Behavioral Challenge and explore normative implications of our answer. (shrink)

Many philosophers accept that ought implies can (OIC), but it is not obvious that we have a good argument for that principle. I consider one sort of argument for it, which seems to be a development of an Aristotelian idea about practical deliberation and which is endorsed by, amongst others, R. M. Hare and James Griffin. After briefly rehearsing some well-known objections to that sort of argument (which is based on the supposed pointlessness of impossible obligations), I present a further (...) objection, based on a maximally charitable reading of the argument, and conclude that nobody ought to think that it gives them a reason to accept OIC. (shrink)

This article argues that there can be epistemic dilemmas: situations in which one faces conflicting epistemic requirements with the result that whatever one does, one is doomed to do wrong from the epistemic point of view. Accepting this view, I argue, may enable us to solve several epistemological puzzles.

There are different meanings associated with consequentialism and teleology. This causes confusion, and sometimes results in discussions based on misunderstandings rather than on substantial disagreements. To clarify this, we created a survey on the definitions of ‘consequentialism’ and ‘teleology’, which we sent to specialists in consequentialism. We broke down the different meanings of consequentialism and teleology into four component parts: Outcome-Dependence, Value-Dependence, Maximization, and Agent-Neutrality. Combining these components in different ways we distinguished six definitions, all of which are represented in (...) the philosophical literature. We asked the respondents which definition is best for consequentialism and for teleology. The most popular definition of consequentialism was the one which accepted value-dependence, but not maximization and agent-neutrality. We therefore recommend the use of this meaning to avoid misunderstandings. The results for teleology were more problematic, with several respondents claiming they never use the term, or indicating that it is confusing. (shrink)

Some things aren't what their names suggest. This is true of rubber ducks, stool pigeons, clay pigeons, hot dogs, and clothes horses. Frances Howard-Snyder's "Rule Consequentialism is a Rubber Duck" ("APQ", 30 (1993) 271-78) argues that the answer is Yes. Howard-Snyder thinks rule-consequentialism is a form of deontology, not a form of consequentialism. This thought is understandable: many recent definitions of consequentialism are such as to invite it. Thinking rule-consequentialism inferior to act-consequentialism, many philosophers, when discussing consequentialism, have had act-consequentialism (...) in mind. Having just one kind of consequentialism in mind has led them to offer definitions of consequentialism that are really definitions of just act-consequentialism. My paper discusses three different possible definitions of consequentialism and defends one that does justice to rule-consequentialism's family membership. (shrink)

We advance the thesis that the method of experimental economics can make significant contributions to normative, as opposed to descriptive, business ethics. We contend that there are two basic ways in which experimental economics may make this contribution, and we exemplify these ways by pointing to experimental support of social contract theory as rational foundation for business ethics. These two ways are: (1) adding psychological realism; and (2) testing some quasi-empirical assumptions present in normative theory. In order to make good (...) our methodological claim, we first describe the methodological rules of experimental economics, distinguishing this method from other behavioral business ethics approaches. We also contemplate the possible objection that empirical methods cannot bear on normative ethics because there is no way of bridging the gap between descriptive theory (how people behave) and normative theory (how people ought to behave). (shrink)

A type of transcendental argument for libertarian free will maintains that if acting freely requires the availability of alternative possibilities, and determinism holds, then one is not justified in asserting that there is no free will. More precisely: if an agent A is to be justified in asserting a proposition P (e.g. "there is no free will"), then A must also be able to assert not-P. Thus, if A is unable to assert not-P, due to determinism, then A is not (...) justified in asserting P. While such arguments often appeal to principles with wide appeal, such as the principle that ‘ought’ implies ‘can’, they also require a commitment to principles that seem far less compelling, e.g. the principle that ‘ought’ implies ‘able not to’ or the principle that having an obligation entails being responsible. It is argued here that these further principles are dubious, and that it will be difficult to construct a valid transcendental argument without them. (shrink)

Haji argues that determinism threatens deontic morality, not via a threat to moral responsibility, but directly, because of the principle that ‘ought’ implies ‘can’. Haji’s argument requires not only that we embrace an ‘ought’ implies ‘can’ principle, but also that we adopt the principle that ‘ought’ implies ‘able not to’. I argue that we have little reason to adopt the latter principle, and examine whether deontic morality might be destroyed on the basis of the more commonly embraced ‘ought’ implies ‘can’ (...) principle alone. I argue that despite what look like initially compelling reasons why we might suppose that this weaker conclusion is similarly destructive to deontic morality, we actually have good reason to doubt that it has any practical relevance for moral deliberation at all. (shrink)

Kant's conception of autonomy presents the following problem. If, following Kant's explicit lead, we consider autonomy as the universal principle of morality and ground of the actions of rational beings (e.g. G 4:452), then self-legislation is best understood as a prescription by reason to itself. Applied to individual cases of willing, the term 'autonomy' describes the bringing of a set of practical attitudes under rational legislation. Agents may count as autonomous then, insofar as and only to the extent that they (...) are able to implement reason's prescription. This is the bare Kantian picture. The problem, as Schiller originally put it, is that this is also a picture of self-alienation, since parts of one's identity, feelings, emotions, and attachments, are kept at arm's length and treated with suspicion (e.g. AW XXb: 280). Schiller's point is that there must be something that makes autonomy different from mere rationomy. For Schiller this matters because he thinks that a rationalist prescriptive ethic is deeply unattractive and because, anticipating contemporary theories of personal autonomy, he wants to defend an integrative conception of autonomous agency. No such further commitments are needed, however, to see that the bare picture needs adding to it, to show how the principle of reason's self-legislation not only has a grip on individual agents, but also can express their autonomy. (shrink)

Economic Theory normally assumes the so-called homo economicus, a consequential model of rationality. We highlight the main features of this model in opposition to deontology: axiological homogeneity, maximization and agent neutrality. Amartya Sen’s criticism of standard consequentialism copes to those features, and includes commitment and duty in the economic rationality. We analyze his concept of preference to ascertain how far economic rationality can thus go in the direction of deontology. We conclude that, though diminished, the difference between them still remains.

This paper makes a transcendental argument. It assumes the normative validity of the instrumental principle, and then investigates the conditions of its validity. Ultimately, it argues that there are three necessary conditions for its validity. Firstly, agents must be rationally capable of regarding themselves as having a single self that possesses the same reasons, ends, and means. Secondly, agents must be rationally capable of distinguishing themselves from other selves that possess ends. Thirdly, these two conditions must actually obtain, which means (...) that we must have a self that has the same reasons, ends, and means, and that such selves must be distinct from one another. The paper fields two arguments in support of these three conditions and then offers an interpretation of the arguments to show that they vindicate all three conditions. (shrink)

This chapter addresses the question of what role Mill regards rules as playing in the determination of morally permissible action by drawing on his remarks about instrumentally rational action. First, overviews are provided of consequentialist theories and of the rule-worship or incoherence objection to rule-consequentialist theories. Then a summary is offered of the considerable textual evidence suggesting that Mill’s moral theory is, in fact, a rule-consequentialist one. It is argued, however, that passages in the final chapter of A System of (...) Logic suggest that Mill anticipates and endorses the ruleworship or incoherence objection to rule-consequentialist theories. The chapter concludes by exploring some ways in which this tension in Mill’s thought might be resolved. (shrink)

In this paper, I present the results of an experimental study on intuitions about moral obligation (ought) and ability (can). Many philosophers accept as an axiom the principle known as “Ought Implies Can” (OIC). If the truth of OIC is intuitive, such that it is accepted by many philosophers as an axiom, then we would expect people to judge that agents who are unable to perform an action are not morally obligated to perform that action. The results of my experimental (...) study show that participants were more inclined to judge that an agent ought to perform an action than that the agent can perform the action. Overall, participants said that an agent ought to perform an action even when they said that the agent cannot do it. I discuss the implications of these results for the debate over OIC. (shrink)