Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the (...) size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another “slice of cheese” to our comprehensive crime preventive system modelled along the lines of James Reason’s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred. (shrink)

This article argues that Jeremy Bentham put forward a distinctive and original theory of representative democracy which can be helpfully analysed through his concept of the ‘deputy’. A deputy, Bentham argued, evoked a specific political relationship between governors and the governed – a relationship that was functionally different to that between the people and a ‘representative’ or a ‘delegate’. Whereas a representative was suggestive of too great a degree of governmental independence from the people and a delegate implied an excessive (...) dependency of governors upon the governed, a deputy for Bentham best described the relationship between the rulers and the ruled that should subsist in a representative democracy. A political form based on deputies, who were to be relatively free to conduct the business of government yet simultaneously accountable to their sovereign electors, was the only way in his eyes to guarantee the promotion of utility in politics and the security of the people from being misruled. (shrink)

Men do not want solely the obedience of women; they want their sentiments. All men, except the most brutish, desire to have, in the woman most nearly connected with them, not a forced slave but a willing one, not a slave merely, but a favourite. They have therefore put everything in practice to enslave their minds. The masters of all other slaves rely, for maintaining obedience, on fear; either fear of themselves, or religious fears. The masters of women wanted more (...) than simple obedience, and they turned the whole force of education to effect their purpose. All women are brought up from the very earliest years in the belief that their ideal of character is the very opposite to that of men; not self-will, and government by self-control, but submission, and yielding to the control of others. All the moralities tell them that it is the duty of women, and all the current sentimentalities that it is their nature, to live for others; to make complete abnegation of themselves, and to have no life but in their affections.— John Stuart Mill, The Subjection of Women. (shrink)

The rightness and wrongness of actions fits on a continuous scale. This fits the way we evaluate actions chosen among a diverse range of options, even though English speakers don’t use the words “righter” and “wronger”. I outline and defend a version of scalar consequentialism, according to which rightness is a matter of degree, determined by how good the consequences are. Linguistic resources are available to let us truly describe actions simply as right. Some deontological theories face problems in accounting (...) for degrees of rightness, as they don't invoke continuous parameters among the right-making features of action. (shrink)

ABSTRACT It is fruitless to interpret Constant's modern liberty from the binary perspective of either the negative/positive freedom opposition or the liberal/republican freedom opposition. Both oppositional perspectives reduce the relationally complex nature of modern liberty to one or another component of the relation. Such reduction inevitably results in an incomplete and, therefore, inadequate interpretation of Constant's modern liberty. Consequently, either of these binary frames of interpretation obscures rather than illuminates the full nature of Constant's modern liberty. Boxed into their irreconcilably (...) opposed alternatives, both binary perspectives fail to appreciate that Constant's conception of modern liberty is a complex achievement irreducible without loss to either liberal negative liberty as non-interference or republican freedom as non-domination. Nor does combining liberal negative freedom and positive freedom (in the sense of ancient liberty), as Holmes well establishes, adequately tells the whole story of Constant's modern liberty. As a complex achievement, Constant's conception of modern liberty, I shall argue, blends negative freedom as associated with neo-Roman republican freedom as non-subjection to arbitrary power, negative freedom as non-interference, associated with the liberal tradition, positive freedom in the sense of inner self-development, and positive freedom as collective self-government or civic republican freedom. (shrink)

Mill’s harm principle is commonly supposed to rest on a distinction between self-regarding conduct, which is not liable to interference, and other-regarding conduct, which is. As critics have noted, this distinction is difficult to draw. Furthermore, some of Mill’s own applications of the principle, such as his forbidding of slavery contracts, do not appear to fit with it. This article proposes that the self-regarding/other-regarding distinction is not in fact fundamental to Mill’s harm principle. The sphere of protected liberty includes not (...) only self-regarding conduct, but also actions that affect only consenting others. On the other hand, the occasional permissibility of interfering with self-regarding conduct can plausibly be explained by reference to the agent’s consent. Thus, the more important distinction appears to be that between consensual and non-consensual harm, rather than that between the self-regarding and non-self-regarding action. That is, interference can be justified in order to prevent non-consensual harms, but not to prevent consensual harms. It is argued that the harm principle, thus reformulated, both captures Mill’s intentions and is a substantively plausible position. (shrink)

Mill's most famous departure from Bentham is his distinction between higher and lower pleasures. This article argues that quality and quantity are independent and irreducible properties of pleasures that may be traded off against each other higher pleasures’ lexically dominate lower ones, and that the distinction is compatible with hedonism. I show how this interpretation not only makes sense of Mill but allows him to respond to famous problems, such as Crisp's Haydn and the oyster and Nozick's experience machine.

In “Internalists Beware – We Might All Be Amoralists!” Gunnar Björnsson and Ragnar Francén Olinder [henceforth B&O] offer an original objection to motivational internalism, which promises to move the debate beyond the seeming stalemate between externalists and internalists. The main idea behind this objection is that to pose a challenge to internalists, amoralists need not fail to be motivated to do the right thing – they might reliably be motivated to do the right thing for the wrong reasons. Moreover, we (...) could all be amoralists if enough of us were motivated in this way – at any rate, this is an intelligible hypothesis. This, though, spells trouble for motivational internalism. The challenge is dialectically powerful precisely because internalists often fall back on the idea that although individuals can fail to be motivated to do what they take to be the right thing, the idea that whole communities could fail to be appropriately motivated yet still be making moral judgments makes no sense. The hypothesis put forward by B&O puts pressure on this classic internalist strategy of “going communal” by emphasizing that the assumption of no appropriate motivation is too stark; motivation of the wrong sort would still undermine internalism as it is best interpreted. In this paper, I argue that this intriguing new objection to internalism can, after all, be met if we pay special attention to judgments of blameworthiness. (shrink)

This paper focuses on the role solitude played in John Stuart Mill’s political thought. By doing so, it challenges contemporary appropriations of Mill’s thought by participatory, deliberative and epistemic theories of democracy. Mill considered solitude to be contrary to political participation and public debate, but nonetheless regarded it as essential for democracy and for intellectual progress. Since the early 1830s Mill began developing an idea of solitude while simultaneously forming a particular kind of a democratic model which I refer to (...) as ‘imperfect democracy’. According to this model, democracy is restrained by non-democratic elements which offer a contrary spirit and are not incorporated by democracy. At first Mill believed the ‘leisured class’ would fulfil this task, but later considered solitude as a possible solution. This paper follows the way in which these ideas were crystallised in Mill’s thought, and by doing so offers a novel interpretation of Mill’s political thought and his nuanced understanding of solitude, political participation and democracy. (shrink)

In our thinking about what to do, we consider reasons which count for or against various courses of action. That having a glass of wine with dinner would be pleasant and make me sociable recommends the wine. That it will disturb my sleep and inhibit this evening’s work counts against it. I determine what I ought to do by weighing these considerations and deciding what would be best all things considered. A practical reason makes sense of a course of action (...) by recommending it, by highlighting some good or desirable feature of it which could move a reasonable agent to perform it. When thinking about what to do, we also attend to our obligations. Perhaps I have promised to remain clearheaded this evening. Given this I am obliged not to drink. How should this consideration affect my deliberations? According to Davidson, the fact that an action would be a breach of a promise ‘is a count against the action, to be weighed along with other reasons for the action’ (Davidson 2004: 177). This suggests that obligations are a sub-set of our reasons, they are one input into the process of determining what action would be reasonable or justified all things considered. One can see why Davidson might say this. After all, having carefully considered the matter, I may decide not to keep my promise. Furthermore this may be the right thing to do, the most reasonable course of action available to me in the light of all the relevant factors. Nevertheless this description seems to miss something important about a promise. The fact that I promised not to drink does not merely recommend not drinking as does the prospect of a restless night; it places a demand on me. Drinking would not be just inadvisable; it would now be a wrong. And even if such a wrong might on the whole be justified, even if committing this wrong is the right thing to do, in drinking I refuse a demand, I don’t just reject a recommendation. It is widely held that a promise provides you with a moral reason to fulfill it, whereas the fact that drinking would make you lose sleep does not, typically, constitute such a reason.. (shrink)

In this article, we argue that when teaching about and for social and environmental justice, teachers need to move beyond promoting individual behavior changes as a primary means to counter complex, global problems. Further, we advocate for a more robust strategy for teaching about and for social and environmental justice that not only raises awareness about oppression, inequality, and destruction, but also, and more importantly, interrogates how we define and operationalize the concept of justice. This, we believe, makes for a (...) more educative experience and better prepares students for life in a pluralistic and multicultural society. (shrink)

The aim of this paper is to clarify the relationship of three thinkers, Hume, Bentham, and Mill in the context of utilitarianism. Through discussion, we shall figure out how and why utilitarianism is trustworthy.

The contemporary situation within the realm of ethical theories is quite complicated. Were it not enough that many classical ethical theories are evolving into the new modern forms, new types of ethical theories are arising, as well. The main aim of the paper is to introduce this issue of ethical theories which are known under the term hybrid ethical theories. A secondary aim of the paper is to describe and characterize the contemporary ethical theory of ethics of social consequences, and (...) look for the answer whether it can be an example of this type of theory. To achieve the scope, the paper begins with a short introduction into the issue of contemporary consequentialism, followed by a presentation of the concept of hybrid ethical theories and its examples. Later the variability of consequentialism and ethics of social consequences are presented. The normative basis of this theory is subsequently analysed and explored in the context of hybrid ethical theories. Finally, the study clarify that the ethics of social consequences might be considered as a hybrid ethical theory. (shrink)

H. L. A. Hart in his Law, Liberty, and Morality (1963) defended the view that legal paternalism and legal moralism can be clearly distinguished from each other. Hart also stated that while legal moralism is always unacceptable, paternalistic laws are often justifiable. In this paper it is argued that Hart held the right view for the wrong reasons. Hart defended legal paternalism by claiming, against J. S. Mill, that for various psychological reasons individuals do not know their own interests best. (...) It will be shown in the paper that if this view is taken, it is impossible to reject legal moralism. The fact that paternalism is sometimes justifiable while moralism is not can be more firmly founded on a distinction made by C. L. Ten (1971). Ten's point is that in matters which concern only the individuals themselves, their actions cannot be legitimately restricted by appeals to the consequences of their action alone. Paternalistic control can be justified only if the decision-making abilities of the controlled individual are temporarily diminished. (shrink)

El presente artículo trata algunas cuestiones teóricas e históricas respecto de la regulación del acceso a los medios de comunicación. En primer lugar, se hace un recorrido de las doctrinas liberales de los siglos XVI y XVII que inspiraron la igual desconfianza que refleja la Constitución de Estados Unidos respecto de los poderes públicos y privados en relación con el control de los medios de comunicación y de la opinión pública; en segundo lugar, se hace una revisión de la supervivencia (...) de tales doctrinas liberales en la en la interpretación de la Suprema Corte de la Primera Enmienda, relativa a la libertad de expresión y de prensa y, en tercer lugar, analiza la aplicación de dicha doctrina en los principios que han regido la administración de concesiones de radio y televisión por parte de la Comisión Federal de Comunicaciones. (shrink)

In light of the magnitude of interpersonal harm and the risk of greater harm in the future, Ingmar Persson and Julian Savulescu have argued for pharmacological enhancement of moral behaviour. I discuss moral bioenhancement as a set of collective action problems. Psychotropic drugs or other forms of neuromodulation designed to enhance moral sensitivity would have to produce the same or similar effects in the brains of a majority of people. Also, a significant number of healthy subjects would have to participate (...) in clinical trials testing the safety and efficacy of these drugs, which may expose them to unreasonable risk. Even if the drugs were safe and effective, a majority of people would have to co-operate in a moral enhancement programme for such a project to succeed. This goal would be thwarted if enough people opted out and decided not to enhance. To avoid this scenario, Persson and Savulescu argue that moral enhancement should be compulsory rather than voluntary. But the collective interest in harm reduction through compulsory enhancement would come at the cost of a loss of individual freedom. In general, there are many theoretical and practical reasons for scepticism about the concept and goal of moral enhancement. (shrink)

Koopman’s book revolves around the notion of transition, which he proposes is one of the central ideas of the pragmatist tradition but one which had not previously been fully articulated yet nevertheless shapes the pragmatist attitude in philosophy. Transition, according to Koopman, denotes “those temporal structures and historical shapes in virtue of which we get from here to there”. One of the consequences of transitionalism is the understanding of critique and inquiry as historical pro...

Generations of men and women since antiquity have been preoccupied with the difficult quest for happiness. Up until modernity, people relied on the gods or God to grant them happiness. In the course of the eighteenth century, happiness became both a secular promise and a moral-political claim relevant to all people. The fairy tale Hans im Glück (Hans in Luck), published by the Grimm brothers in the early nineteenth century, and discussed in this article, provides a telling example of a (...) quest for happiness unconcerned with moral prescriptions and social conventions, in which the hero focuses on his own feelings. Two centuries later, modern men and women find themselves in a predicament. Happiness still tops their private wish list but it seems harder than ever to achieve it, with abundant confusion as to what real happiness feels like. Subjective well-being tends to be distinguished from notions of happiness associated with serene bliss and fulfilment, beyond the limits of modern consumer society. Happiness has been defined as ‘people’s perception of the meaningfulness, sense of purpose, and value of their lives’, thus reintroducing morality and higher principles without, however, excluding hedonistic Hans-in-Luck style choices. (shrink)

Les explications de ce pourquoi mentir est mal sont toutes inadéquates. Leur problème commun se situe dans leur structure unitaire. Ces analyses présupposent que tous les mensonges sont mauvais pour la même raison unificatrice. Cette supposition ne rend cependant pas justice au phénomène du mensonge, et ce, parce qu’on peut s’objecter à l’acte de mentir de différentes façons. Ainsi je suggère qu’il faut un changement dialectique en direction d’un traitement pluraliste de ce qui est mauvais dans le mensonge. Il ne (...) faut pas forcer une unité sur la structure morale du mensonge lorsqu’il y a en fait pluralité. (shrink)

Most arguments in support of act utilitarianism are elaborations of one of two basic strategies. One is the consequentialist strategy. This strategy relies on the consequentialist premise that an act is right if and only if it produces the best possible consequences and the welfarist premise that the value of a state of affairs is entirely determined by its overall amount of well-being. The other strategy is based on the idea of treating individuals respectfully and resolving conflicts among individuals in (...) whatever way best conforms to that idea. Although both of these strategies can be used to argue for the principle of act utilitarianism, they are significantly different from each other, and these differences cause them to have different strengths and weaknesses. It emerges that which argumentative strategy is chosen by a proponent of act utilitarianism has a large impact on which virtues her view has and which objections it is vulnerable to. (shrink)

Our goal in this article is first to give a broad outline of some of Hume’s major positions to do with justice, sympathy, the common point of view, criticisms of social contract theory, convention and private property that continue to resonate in contemporary political philosophy. We follow this with an account of Hume’s influence on contemporary philosophy in the conservative, classical liberal, utilitarian, and Rawlsian traditions. We end with some reflections on how contemporary political philosophers would benefit from a more (...) explicit consideration of Hume. (shrink)

One of the most prominent strands in contemporary work on the virtues consists in the attempt to develop a distinctive—and compelling—account of practical reason on the basis of Aristotle’s ethics. In response to this project, several eminent critics have argued that the Aristotelian account encourages a dismissive attitude toward moral disagreement. Given the importance of developing a mature response to disagreement, the criticism is devastating if true. I examine this line of criticism closely, first elucidating the features of the Aristotelian (...) account that motivate it, and then identifying two further features of the account that the criticism overlooks. These further features show the criticism to be entirely unwarranted. Once these features are acknowledged, a more promising line of criticism suggests itself—namely, that the Aristotelian account does too little to help us to resolve disputes—but that line of objection will have to be carried out on quite different grounds. (shrink)

I argue for a perfectionist reading of Mill’s account of the good life, by using the failures of development recorded in his Autobiography as a way to understand his official account of happiness in Utilitarianism. This work offers both a new perspective on Mill’s thought, and a distinctive account of the role of aesthetic and emotional capacities in the most choiceworthy human life. I consider the philosophical purposes of autobiography, Mill’s disagreements with Bentham, and the nature of competent judges and (...) the pleasure they take in higher culture. I conclude that Millian perfectionism is an attractive and underappreciated option for contemporary value theory. (shrink)

Because the moral philosophy of St Thomas Aquinas is egoistic while modern consequentialism is impartialistic, it might at first appear that the former cannot, while the latter can, provide a common value on the basis of which inter-personal conflicts may be settled morally. On the contrary, in this paper I intend to argue not only that Aquinas' theory does provide just such a common value, but that it is more true to say of modern consequentialism than of Thomism that it (...) gives in to the partiality of different interests and fails to provide a robust common value on the basis of which disagreements may be settled morally. This is so primarily because the egoism of Aquinas represents a fundamental commitment to personal moral development which is absent from modern teleological theories. (shrink)

Theory. Moral knowledge and moral principles -- Victorian Matters. First principles and common-sense morality in Sidgwick's ethics ; Moral problems and moral philosophy in the Victorian Period -- On the historiography of moral philosophy. Moral crisis and the history of ethics ; Modern moral philosophy : from beginning to end? : No discipline, no history : the case of moral philosophy ; Teaching the history of moral philosophy -- Seventeenth- and eighteenth-century moral philosophy. The divine corporation and the history of (...) ethics ; Natural law ; The misfortunes of virtue ; Voluntarism and the foundations of ethics ; Hume and the religious significance of moral rationalism -- On Kant. Why study Kant's Groundwork ; Autonomy, obligation, and virtue : an overview of Kant's moral philosophy ; Kant and Stoic ethics ; Toward enlightenment : Kant and the sources of darkness ; Kantian unsocial sociability : good out of evil -- Moral psychology. The active powers -- Afterword. Sixty years of philosophy in a life. (shrink)

The goal of this article is to show that instrumental rationality and utility that have been used in economics for many years does not work well. What is presented in the article is how significant the influence of utilitarianism has been on economics and why the economists get rid of humans’ goals and motivations. It is shown in the article that the human who decides in present is absolutely different from the human who decides over time. Many economists neglected this (...) problem because they wanted to have an effective and simple model. Becker’s economic method is presented as a dead end to which economics has been brought to. It is impossible to connect different selves of one human being by using the utility measure. The works of Schelling and J.S. Mill are used to explain this impossibility. The conclusion of this article is that instrumental rationality and utility have affected economics significantly. But, this simplified view on human nature is no longer valid. Hence, economics needs to think not only about the means but also about the human goals. Economics needs to rebuff relativism and show people how to achieve well-being. If we want to help people with their self-governance, we will have to choose reason over emotions. (shrink)

Partimos de que en sociedades políticas complejas, aun siendo el Estado un artificio necesario para evitar situaciones de dominación, su entramado institucional no está exento de reproducir análogas situaciones a aquellas cuya eliminación justificaba su existencia. Analizaremos desde esta óptica las críticas de Rawls y Nozick al utilitarismo, al que acusan de amparar actuaciones injustas por parte del colectivo hacia los individuos. En concreto, abordaremos el problema de los derechos inviolables desde estas tres líneas de pensamiento para concluir que, a (...) pesar de que existen marcadas diferencias en sus respectivos planteamientos metodológicos, hay en las tres líneas de convergencia en lo sustantivo. Concluiremos con una réplica a las objeciones antiutilitaristas y una defensa, siguiendo a John Stuart Mill de la mayor adecuación de esta escuela a la hora de defender la inviolabilidad de ciertos derechos fundamentales. (shrink)

This essay argues that Hume's political and historical thought is well read as skeptical and skeptical in a way that roots it deeply in the Hellenistic traditions of both Pyrrhonian and Academical thought. It deploys skeptical instruments to undermine political rationalism as well as theologically and metaphysically political ideologies. Hume's is politics of opinion and appearance. It labors to oppose faction and enthusiasm and generate suspension, balance, tranquility, and moderation. Because Hume advocate the use of reflectively generated but epistemically and (...) metaphysically suspensive general rules, his political thought is not intrinsically conservative. While it valorizes stability and peace, Humean politics accepts a contested and open-ended political order, one that requires continuous maintenance and revision but does not pretend to any ultimate or final progress or end. (shrink)

According to G. E. Moore, moral expertise requires abilities of several kinds: the ability to factor judgments of right and wrong into (a) judgments of good and bad and (b) judgments of cause and effect, (2) the ability to use intuition to make the requisite judgments of good and bad, and (3) the ability to use empirical investigation to make the requisite judgments of cause and effect. Moore’s conception of moral expertise is thus extremely demanding, but he supplements it with (...) some very simple practical guidance. (shrink)

Mill was not only a philosopher but also a public intellectual, and it is difficult to make compatible an active role in politics with the search of personal and intellectual integrity. This article deals with that problem and in this way with Mill’s approach to the relation between ethics and politics. Mill devised a set of rules to make morally acceptable compromise decisions in politics. I study how this compromise rules are coherent with his general outlook on the science and (...) practice of politics. My point is that Mill defended a kind of political prudence, and that he admitted ultimate conflict of values without abandoning the Principle of Utility at a more general level. (shrink)

El presente artículo es un extracto de la Tesis Doctoral leída en la Facultad de Filosofía de la Universidad de Oviedo el 16 de abril de 2010 titulada Educación para la Libertad en el pensamiento de John Stuart Mill. Este artículo recoge de forma resumida, a lo largo de sus páginas, los aspectos más destacables de dicha Tesis Doctoral. Se subraya el aspecto de la educación como elemento fundamental en el pensamiento del filósofo inglés John Stuart Mill, en el sentido (...) de mostrar la educación como aquello que permite sacar al exterior las capacidades, talentos, destrezas que la persona posee. Al mismo tiempo es la educación, en el marco de la cultura, la que afina y refina a la persona, ayudándola a construirse como una persona que se incorpore a la ciudadanía con derechos y deberes y que ejerza esa ciudadanía responsablemente en aras del bien común. La educación hace al ser humano más libre, y la libertad es la esencia de la persona en el pensamiento de Stuart Mill. (shrink)

I discuss the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences, in order to reach also in the domain of morality the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the apriori assumption that the widespread ethos of the educated part of (...) humankind, not the theories of the intuitionist philosophers, was what was really worth considering as the expression of intuitionist ethics. In spite of the naïve positivist starting point Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. -/- . (shrink)