In this article, I critique a moral argument developed in Frances Kamm’s Intricate Ethics: Rights, Responsibilities, and Permissible Harm. The argument, which I label the Best Outcome Argument, aims to criticize the Taurekian idea that it is not worse if more people die than if fewer do in conflict situations, where it is hard to distinguish individuals from one another solely by reference to the relative strength of their claims. I argue that the Best Outcome Argument is flawed for three (...) reasons: the symmetry feature defined by the impartiality principle holds only in a limited class of conflict situations; individuals should be treated in a consistent way throughout the whole process of reasoning; comparative evaluations gained in different contexts, at least in some cases, cannot be used in one and the same argument. (shrink)

This article offers a new theory about how using lotteries to distribute scarce benefits satisfies beneficiaries' claims. In the first section of the article I criticize John Broome's view and on the basis of these criticisms set out four desiderata for a philosophically adequate account of claim satisfaction by lottery. In section II I propose and defend a new view called the dual structure view, so called because it posits that claimants have two types of claims in the relevant scarce (...) benefit distribution cases under discussion. This view meets all the desiderata set out in section I. Section III draws out the practical implications of my view for a variety of temporally extended cases, including the distribution of corneas to patients who have suffered corneal degeneration. (shrink)

This article addresses Taruek’s much discussed Number Problem from a non-consequentialist point of view. I argue that some versions of the Number Problem have no solution, meaning that no alternative is at least as choice-worthy as the others, and that the best way to behave in light of such moral indeterminacy is to let chance make the decision. I contrast my proposal with F M Kamm ’s nonconsequentialist argument for saving the greatest number, the Argument for Best Outcomes, which I (...) argue does not follow from the premises it is based on. (shrink)

In this article I criticize the non-consequentialist Weighted Lottery (WL) solution to the choice between saving a smaller or a larger group of people. WL aims to avoid what non-consequentialists see as consequentialism's unfair aggregation by giving equal consideration to each individual's claim to be rescued. In so doing, I argue, WL runs into another common objection to consequentialism: it is excessively demanding. WL links the right action with the outcome of a fairly weighted lottery, which means that an agent (...) can only act rightly if s/he has actually run the lottery. In many actual cases, this involves epistemic demands that can be almost impossible to meet. I argue that plausible moral principles cannot make such extreme epistemic demands. (shrink)

In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (shrink)