Policymakers are responsible for key decisions about political governance. Usually, they are selected or elected based on experience and then supported in their decision-making by the additional counsel of subject experts. Those satisfied with this system believe these individuals – generally speaking – will have the right intuitions about the best types of action. This is important because political decisions have ethical implications; they affect how we all live in society. Nevertheless, there is a wealth of research that cautions against (...) trusting human judgment as it can be severely flawed. This paper will look at the root causes of the most common errors of human judgment before arguing – contra the instincts of many – that future AI systems could take a range of political decisions more reliably. I will argue that, if/when engineers establish ethically robust systems, governments will have a moral obligation to refer to them as a part of decision-making. (shrink)

Evaluative theories of emotions purport to shed light on the nature of emotions by appealing to values. Three kinds of evaluative theories of emotions dominate the recent literature: the judgment theory equates emotions with value judgments; the perceptual theory equates emotions with perceptions of values, and the attitudinal theory equates emotions with evaluative attitudes. This paper defends a fourth kind of evaluative theory of emotions, mostly neglected so far: the reactive theory. Reactive theories claim that emotions are attitudes which arise (...) in reaction to perceptions of value. (shrink)

This paper defends a realist account of the composition of Newtonian forces, dubbed ‘residualism’. According to residualism, the resultant force acting on a body is identical to the component forces acting on it that do not prevent each other from bringing about its acceleration. Several reasons to favor residualism over alternative accounts of the composition of forces are advanced. (i) Residualism reconciles realism about component forces with realism about resultant forces while avoiding any threat of causal overdetermination. (ii) Residualism provides (...) a systematic semantics for the term ‘force’ within Newtonian mechanics. (iii) Residualism allows us to precisely apportion the causal responsibility of each component force in the ensuing acceleration. (iv) Residualism handles special cases such as null forces, single forces, and antagonistic forces in a natural way. (v) Residualism provides a neat picture of the causal powers of forces: each force essentially has two causal powers⎯the power to bring about accelerations (sometimes together with other co-directionnal forces) and the power to prevent other forces from doing so⎯exactly one of which is manifested at a time. (vi) Residualism avoids commitment to unobservable effects of forces: forces cause either stresses (tensile or compressive) or accelerations. (shrink)

Most normative accounts of meaningful work have focused on the value of autonomy and capability for self-development. Here, I will propose that contribution–having a positive impact on others through one’s work–is another central dimension of meaningful work. Being able to contribute through one’s work should be recognized as one of the key axiological values that work can serve, providing one independent justification for why work is valuable and worth doing. Conversely, I argue that having to do work that has no (...) positive impact, or where one is separated from such impact, is an underrecognized type of alienation. Such alienation as pointlessness can be as harmful as the more recognized types of alienation such as powerlessness. Recognizing contribution as a core dimension of meaningful work is compatible with both subjectivist and objectivist accounts of meaningfulness, but I come to support a mixed view where the subjective sense of contributing must be sufficiently warranted by the facts of the situation. Recognizing the inescapable interest humans have for being able to contribute and engage in work that is not pointless has implications for the duties societies, organizations, and individuals have as regards ensuring that work conducted includes a recognizable positive impact. Along with autonomy and self-development, contribution should thus be seen as an independent axiological value that work can serve, its frustration being associated with a specific type of alienation, and it itself playing a key role in what makes work valuable and meaningful. (shrink)

This paper addresses the question of what value pluralism tells us about the pursuit of moral coherence as a method of moral reasoning. I focus on the status of the norm of ‘systematicity,’ or the demand that our principles be as few and as simple as possible. I argue that, given certain descriptive facts about the pluralistic ways we value, epistemic ways of supporting a systematicity norm do not succeed. Because it is sometimes suggested that coherence functions in moral reasoning (...) as it does in scientific reasoning, my argument considers analogies and disanalogies between moral reasoning and scientific reasoning. (shrink)

Not every speech act can be a lie. A good definition of lying should be able to draw the right distinctions between speech acts that can be lies and speech acts that under no circumstances are lies. This paper shows that no extant account of lying is able to draw the required distinctions. It argues that a definition of lying based on the notion of ‘assertoric commitment’ can succeed where other accounts have failed. Assertoric commitment is analysed in terms of (...) two normative components: ‘accountability’ and ‘discursive responsibility’. The resulting definition of lying draws all the desired distinctions, providing an intensionally adequate analysis of the concept of lying. (shrink)

An influential objection to the view that intentions are non-derivatively relevant to the moral permissibility of actions states that if intentions were relevant to permissibility in such a way, one would have to take them into account in decision making, which would be odd (in some morally relevant sense of ‘oddness’). The paper outlines and assesses three candidates for the oddness: that considering intentions in decision making is an unordinary practice, that it is impossible or conceptually confused, and that it (...) assigns intentions the weight as moral considerations that they intuitively do not have. The paper rejects the first two and shows that the third is probably what motivates most critics of the relevance of intentions who raise this objection. If this is correct, the objection is a non-starter as it assumes what it has to prove. Towards the end, it is argued that the objection does not serve as a plausible error theory either. (shrink)

A dogma of contemporary ethical theory maintains that the nature of normative support for affective attitudes is the very same as the nature of normative support for actions. The prevailing view is that normative reasons provide the support across the board. I argue that the nature of normative support for affective attitudes is importantly different from the nature of normative support for actions. Actions are indeed supported by reasons. Reasons are gradable and contributory. The support relations for affective attitudes are (...) neither. So-called reasons of the right kind for affective attitudes are facts that make those very attitudes fitting. Unlike reasons, fit-making facts for affective attitudes do not conflict with each other or combine in the explanation of further normative facts. More fit-making facts just make a more complex set of reactions fitting. This result undermines various analyses and unity theses in the philosophy of normativity. (shrink)

This essay reflects on 25 years since Christian Bioethics began publication and, in somewhat autobiographical fashion, engages two core concerns. First, although “non-ecumenism” may often appear a pretext for contention and division, I suggest that a respectful non-ecumenism may provide the opportunity for dialogue and the occasion for employing certain tools from religious studies. Second, although many are skeptical about the possibilities of identifying a “common morality,” a defense of that notion provides a plausible explanation for the development of limited (...) consensus on some issues in bioethics. (shrink)

When we engage in practical deliberation, we sometimes engage in careful probabilistic reasoning. At other times, we simply make flat out assumptions about how the world is or will be. A question thus arises: when, if ever, is it rationally permissible to engage in the latter, less sophisticated kind of practical deliberation? Recently, a number of authors have argued that the answer concerns whether one knows that p. Others have argued that the answer concerns whether one is justified in believing (...) that one knows that p. Against both of these, this paper argues that the answer concerns whether p is ‘practically certain’—that is, whether the actual epistemic probability that p differs from epistemic certainty that p only in ways that are irrelevant to the decision one currently faces. (shrink)

The purpose of our article is to present a qualitative empirical study from the ethical viewpoint. It aims at the theoretical conceptualization concerning the managers' decision-making of personnel dismissals in downsizing organizations. First we present and seek to motivate our research task. The importance of real business ethical issues as a starting point of business ethics research is emphasized. Second the main normative ethical theories and ethical decision-making models are presented. These form the loose framework for describing and interpreting research (...) interviews. After this the empirical findings are set forth. This part suggests that the managers explain the dismissals from different decision-making roles emphasizing different ethical orientation. The roles are called a rational and an independent manager, a marionette and an emotional individual. Our study suggests that the role of empathy in morality reveals an interesting and a necessary research topic for business ethics research. (shrink)

This is part of an authors meets critics session on Daniel Star's wonderful book, Knowing Better. I discuss a potential problem with Kearns and Star's Reasons as Evidence thesis. The issue has to do with the difficulties we face is we treat normative reasons as evidence and impose no possession conditions on evidence. On such a view, it's hard to see how practical reasoning could be a non-monotonic process. One way out of the difficulty would be to allow for (potent) (...) unpossessed reasons but insist that all evidence is possessed evidence. This option, I argue, isn't open to proponents of the Reasons as Evidence thesis. Instead, it seems that they'll have to say that all normative reasons are identified with pieces of possessed evidence. This requires the proponents of the Reasons as Evidence thesis to impose epistemic constraints on norms that some of us find objectionable. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the "moral (...) dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

Moral philosophers are, among other things, in the business of constructing moral theories. And moral theories are, among other things, supposed to explain moral phenomena. Consequently, one’s views about the nature of moral explanation will influence the kinds of moral theories one is willing to countenance. Many moral philosophers are (explicitly or implicitly) committed to a deductive model of explanation. As I see it, this commitment lies at the heart of the current debate between moral particularists and moral generalists. In (...) this paper I argue that we have good reasons to give up this commitment. In fact, I show that an examination of the literature on scientific explanation reveals that we are used to, and comfortable with, non-deductive explanations in almost all areas of inquiry. As a result, I argue that we have reason to believe that moral explanations need not be grounded in exceptionless moral principles. (shrink)

Monists, pluralists, and particularists disagree about the structure of the best explanation of the rightness (wrongness) of actions. In this paper I argue that the availability of good moral advice gives us reason to prefer particularist theories and pluralist theories to monist theories. First, I identify two distinct roles of moral theorizing—explaining the rightness (wrongness) of actions, and providing moral advice—and I explain how these two roles are related. Next, I explain what monists, pluralists, and particularists disagree about. Finally, I (...) argue that particularists and pluralists are better situated than monists to explain why it is a good idea to think before we act, and that this gives us reason to favor particularism and pluralism over monism. (shrink)

Pluralist pragmatists claim that there are both practical and epistemic reasons for belief, but should they also claim that there are both kinds of reasons for action? I argue that the pluralist pragmatist faces a puzzle here. If she accepts that there are epistemic reasons for action, she must explain a striking asymmetry between action and belief: while epistemic reasons play a large role in determining which beliefs one all-things-considered ought to have, they don’t play much of a role in (...) determining which action one all-things-considered ought to perform. But if the pluralist pragmatist denies that there are epistemic reasons for action, she has trouble explaining why there are no such reasons. After motivating this puzzle, I propose a solution to it. I argue that the pluralist can accept that there are epistemic reasons for action while nonetheless explaining why they don’t matter much to how we all-things-considered ought to act because, if there are epistemic reasons for action, they are so ubiquitous that in most choice situations we have equally strong epistemic reasons for doing anything, which makes any action epistemically permitted, but not required. (shrink)

Many prominent ethicists, including Shelly Kagan, John Rawls, and Thomas Scanlon, accept a kind of epistemic modesty thesis concerning our capacity to carry out the project of ethical theorizing. But it is a thesis that has received surprisingly little explicit and focused attention, despite its widespread acceptance. After explaining why the thesis is true, I argue that it has several implications in metaethics, including, especially, implications that should lead us to rethink our understanding of Reductive Realism. In particular, the thesis (...) of epistemic modesty in ethics implies a kind of epistemic modesty about the metaphysical nature of ethics, if Reductive Realism about the metaphysical nature of ethics is true, and it implies that normative concepts are indispensable to practical deliberation in a way that answers an influential objection to Reductive Realism from Jonathan Dancy, David Enoch, William FitzPatrick, and Derek Parfit. (shrink)

Hempel and Giere contend that the existence of provisos poses grave difficulties for any regularity account of physical law. However, Hempel and Giere rely upon a mistaken conception of the way in which statements acquire their content. By correcting this mistake, I remove the problem Hempel and Giere identify but reveal a different problem that provisos pose for a regularity account — indeed, for any account of physical law according to which the state of affairs described by a law-statement presupposes (...) a Humean regularity. These considerations suggest a normative analysis of law-statements. On this view, law-statements are not distinguished from accidental generalizations by the kind of Humean regularities they describe because a law-statement need not describe any Humean regularity. Rather, a law-statement says that in certain contexts, one ought to regard the assertion of a given type of claim, if made with justification, as a proper way to justify a claim of a certain other kind. (shrink)

There is not agreement among moral intuitionists on the nature of moral intuitions: some favor a doxastic interpretation, others a non-doxastic interpretation. This paper argues that although both interpretations have legitimacy, the doxastic interpretation is preferable. The paper discusses three salient roles for moral intuitions:Role 1: To serve as a test for moral theories.Role 2: To provide a particularist grounding for moral judgment.Role 3: To stop a vicious infinite regress of justified moral belief.The doxastic interpretation better serves Role 1, given (...) the greater justificatory weight rationally accorded intuitive moral beliefs over intuitive moral “seemings,” upon which we may place little if any justificatory weight: intuitive beliefs provide firmer ground for judging moral theories to be correct or incorrect, adequate or inadequate, etc., than mere seemings. The doxastic interpretation better serves Role 2, in that particularist intuitional belief warrants greater confidence in apparent moral truth than intuitive seemings; and given that moral particularists commonly allot great epistemic authority to intuitions about particular cases, this counts heavily in favor of intuitional belief. The doxastic interpretation better serves Role 3 because (i) the greater agential justificatory burdens attendant to believing that p as opposed to merely being appeared to (or its seeming) that p, warrants that a higher degree of epistemic weight be given doxastic intuitions; and (ii) they are less vulnerable to doxastic ascent-type arguments, which would undermine their basicality as justification providers. (shrink)

The increasing popularity of blogs and blogging, as well as their integration into the mainstream media mix, has sparked an ongoing discussion of whether a code of blog ethics is necessary or even feasible. In this article, I draw upon new communication technology ethics scholarship and an exploratory survey of bloggers to propose such a code. This code, unlike previous proposals, recognizes interactivity and the importance of prioritizing the human element in computer-mediated communication as the core values in blogging ethics.

In contemporary analytic philosophy of mind, Franz Brentano is known mostly for his thesis that intentionality is ‘the mark of the mental.’ Among Brentano scholars, there are also lively debates on his theory of consciousness and his theory of judgment. Brentano’s theory of will and emotion is less widely discussed, even within the circles of Brentano scholarship. In this paper, I want to show that this is a missed opportunity, certainly for Brentano scholars but also for contemporary philosophy of mind. (...) Brentano’s accounts of the will and of emotion are, I will argue, both insightful, creative, and surprising, on the one hand, and strikingly plausible, upon reflection, on the other. (shrink)

In this essay, I aim to motivate and defend a pluralistic view of epistemic rationality. At the core of the view is the notion that epistemic rationality is essentially a species of practical rationality put in the service of various epistemic goals. I begin by sketching some closely related views that have appeared in the literature. I then present my preferred version of the view and sketch some of its benefits. Thomas Kelly has raised challenging objections to a part of (...) the view, which I then present and address. I then raise some distinct worries that might linger and sketch some possible ways one might address them. (shrink)

Intuitionism and nihilism, according to nihilists, have key features in common: the same semantics and the same phenomenology. Intuitionism is the object of nihilism’s attack. The central charge nihilism lodges against intuitionism is that its nonnatural moral properties are queer. Here I’ll examine what ‘queer’ might mean in relation to the doctrines nihilism uses to support this charge. My investigation reveals that nihilism’s queerness charge lacks substance and resembles a tautology served with a frown. There’s really nothing to it. After (...) I show that, I’ll offer an explanation for why nihilism has gotten intuitionism wrong. It makes a central mistaken methodological assumption and doesn’t target any identifiable intuitionism in the last hundred or so years. (shrink)

Rule consequentialism (RC) holds that the rightness and wrongness of actions is determined by an ideal moral code, i.e., the set of rules whose internalization would have the best consequences. But just how many moral codes are there supposed to be? Absolute RC holds that there is a single morally ideal code for everyone, while Relative RC holds that there are different codes for different groups or individuals. I argue that Relative RC better meets the test of reflective equilibrium than (...) Absolute RC. In particular, I contend that Relative RC is superior because it accommodates our convictions about costless benefits. Some have charged that Relative RC threatens our convictions about the generality of moral codes and that it leads inevitably to what Brad Hooker calls “runaway relativism.” I argue that Relative RC has principled reasons for stopping this imagined slide down the slippery slope. (shrink)

Die Sekundärnutzung klinischer Daten für Forschungs- und Lernaktivitäten hat das Potenzial, medizinisches Wissen und klinische Versorgung erheblich zu verbessern. Zur Realisierung dieses Potenzials bedarf es einer ethischen und rechtlichen Grundlage für die Datennutzung, vorzugsweise in Form der Einwilligung von Patient*innen. Damit stellt sich die grundsätzliche Frage: Haben Patient*innen eine moralische Pflicht, ihre klinischen Daten für Forschungs- und Lernaktivitäten zur Verfügung zu stellen?Auf Basis eines ethischen Ansatzes, der als „sorgender Liberalismus“ bezeichnet werden kann, werden folgende Argumente zur Begründung einer Pflicht von (...) Patient*innen zur Bereitstellung ihrer klinischen Daten für Forschungs- und Lernaktivitäten auf Plausibilität und moralisches Gewicht untersucht: die allgemeine Hilfspflicht; Solidarität; die Pflicht zu gemeinwohlförderlichem Handeln; das Trittbrettfahrerargument; transgenerationale Gerechtigkeit; das Prinzip des Zurückgebens; das Prinzip des Nicht-Schädigens; die Forschungsfreiheit und der Wert der Wissenschaft.Die allgemeine Hilfspflicht und die Pflicht zu gemeinwohlförderlichem Handeln sind gewichtige Gründe für eine moralische Pflicht von Patient*innen zur Bereitstellung ihrer klinischen Daten für Forschungs- und Lernaktivitäten. Das Argument der transgenerationalen Gerechtigkeit und das Prinzip des Zurückgebens sind ethisch schwache Gründe für eine solche Pflicht, können jedoch eine motivationale Rolle spielen. Die anderen Gründe sind nicht geeignet, eine Pflicht zu begründen. Das Ergebnis ist in mehrfacher Hinsicht relevant: für Patient*innen, die um die Einwilligung in die Sekundärnutzung ihrer klinischen Daten gebeten werden; für die ethische Diskussion der Frage, ob und inwieweit Abstriche von der klassischen spezifischen Einwilligung unter bestimmten Bedingungen ethisch akzeptabel sind; für die rechtwissenschaftliche Diskussion der Bedingungen für eine juristisch verhältnismäßige Sekundärnutzung klinischer Daten für Forschungs- und Lernaktivitäten. (shrink)

I argue in defense of Aristotle's position that contemplation is the proper use of at least some of one's leisure and that, consequently, leisure education must consist in teaching the inclination and capacity for contemplation. However, my position is somewhat more flexible than Aristotle's, in that I allow that there are other activities worthy of some leisure. My argument examines Aristotle's own comments on the importance of theoria as well as commentaries by Ackrill, Nagel, Broadie, Green and Telfer. In the (...) conclusion I argue that there are good reasons to think that studying Philosophy is one of the best strategies for leisure education. (shrink)

In moral dilemmas, where circumstances prevent two or more equally justified prima facie ethical requirements from being fulfilled, it is often maintained that, since the agent cannot do both, conjoint obligation is overridden by Kant's principle that ought implies can, but that the agent nevertheless has a disjunctive obligation to perform one of the otherwise obligatory actions or the other. Against this commonly received view, it is demonstrated that although Kant's ought-can principle may avoid logical inconsistency, the principle is incompatible (...) with disjunctive obligation in standard deontic logic, and that it entails paradoxically that none of the conflicting dilemma actions will in fact occur. The principle appears to provide the only plausible safeguard against deontic antinomy, but cannot be admitted because of its collision with considered moral judgments. (shrink)

According to pluralistic intuitionist theories, some of our moral beliefs are non-inferentially justified, and these beliefs come in both an a priori and an a posteriori variety. In this paper I present new support for this pluralistic form of intuitionism by examining the deeply social nature of moral inquiry. This is something that intuitionists have tended to neglect. It does play an important role in an intuitionist theory offered by Bengson, Cuneo, and Shafer-Landau (forth), but whilst they invoke the social (...) nature of moral inquiry in order to argue that ordinary moral intuitions are trustworthy, my argument focuses on what I will call the ‘frontiers’ of moral inquiry. I will show that inclusive and cooperative dialogue is necessary at moral inquiry’s frontiers, and that intuitionists can expect such dialogue to result in both a priori and a posteriori moral beliefs. (shrink)

This paper introduces and defends the paradigm response to external world skepticism. To understand it, consider an analogy. One of the hallmarks of being a bird is an ability to fly. A penguin lacks this hallmark and thus fails to be a paradigm bird. Likewise, there are various hallmarks of knowledge. Some of your external world beliefs lack some of these hallmarks, and thus fail to be paradigm cases of knowledge. Just as the inability of penguins to fly doesn’t prevent (...) them from being birds, likewise the lack of these hallmarks doesn’t prevent your beliefs from being knowledge. It just prevents them from being paradigm cases thereof. (shrink)

Jonna Vance and Preston Werner argue that humans’ mechanisms of perceptual attention tend to be sensitive to morally relevant properties. They dub this tendency “Attentional Moral Perception” (AMP) and argue that it can play all the explanatory roles that some theorists have hoped moral perception can play. In this article, I argue that, although AMP can indeed play some important explanatory roles, there are certain crucial things that AMP cannot do. Firstly, many theorists appeal to moral perception to explain how (...) moral knowledge is possible. I argue that AMP cannot put an agent in a position to acquire moral knowledge unless it is supplemented with some other capacity for becoming aware of moral properties. Secondly, theorists appeal to moral perception to explain “moral conversions”, i.e., cases in which an experience leads an agent to form a moral belief that conflicts with her pre-existing moral beliefs. I argue that AMP cannot explain this either. Due to these shortcomings, theorists should turn to emotions for a powerful and psychologically realistic account of virtuous agents’ sensitivity to the moral landscape. (shrink)

Larry Alexander and Peter Westen each critically examine different topics from my recent collection of essays, The Philosophy of Criminal Law. Alexander focuses on my “Rapes Without Rapists,” “Mistake of Law and Culpability,” and “Already Punished Enough.” Westen offers a more extended commentary on my “Transferred Intent.” I briefly reply to each critic in turn and try to extend the debates in new directions.

This paper examines what it takes to be the intrinsic human goods of knowledge and achievement and argues that they are at many points parallel. Both are compounds, and of parallel elements: belief, justification, and truth in the one case, and intentional pursuit, competence, and success in the other. Each involves a Moorean organic unity, so its full presence or value requires a connection between its elements: an outside-in connection, where what makes a belief true helps explain why it’s justified, (...) for knowledge, and an inside-out connection, where what makes a pursuit competent helps explain its success, for achievement. The features that determine the degrees of value of instances of the two goods, or make some truths more worth knowing and some goals more worth achieving, are also similar, turning in both cases largely on two forms of generality. And more specific goods that follow from valuing generality, such as integrated understanding and complex, difficult achievement, mirror each other structurally. Taken together, these many parallels suggest that knowledge and achievement may both instantiate a more abstract value of rational connection to reality. With or without that deeper unification, the parallels strengthen the claims of both to be genuine goods. (shrink)

This paper challenges the widely held view that ‘good for’, ‘well-being’, and related terms express a distinctive evaluative concept of central importance for ethics and separate from ‘simply good’ as used by G. E. Moore and others. More specifically, it argues that there's no philosophically useful good-for or well-being concept that's neither merely descriptive in the sense of naturalistic nor reducible to ‘simply good’. The paper distinguishes two interpretations of the common claim that the value ‘good for’ expresses is distinctively (...) ‘subject-relative’. One concerns the ground of this value, or the properties that make something good for you; it says these must involve some relation to you. The other concerns the resulting value itself, or what supervenes on this ground; it says that too involves a relation. Neither interpretation, the paper argues, yields a significantly distinct evaluative concept. The ethically fundamental evaluative concept is just ‘simply good’. (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.

In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. Though the practice is widely condemned by courts, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing unjust harms to others, jurors are (...) often morally obligated to disregard the law. (shrink)

Let us say that a normative conflict is a situation in which an agent ought to perform an action A, and also ought to perform an action B, but in which it is impossible for the agent to perform both A and B. Not all normative conflicts are moral conflicts, of course. It may be that the agent ought to perform the action A for reasons of personal generosity, but ought to perform the action B for reasons of prudence: perhaps (...) A involves buying a lavish gift for a friend, while B involves depositing a certain amount of money in the bank. In general, our practical deliberation is shaped by a concern with a variety of morally neutral goods—not just generosity and prudence, but any number of others, such as etiquette, aesthetics, fun—many of which are capable of providing conflicting reasons for action. I mention these ancillary values in the present setting, however, only to put them aside. We will be concerned here, not with normative conflicts more generally, but precisely with moral conflicts—situations in which, even when our attention is restricted entirely to moral reasons for action, it is nevertheless true that an agent ought to do A and ought to do B, where it is impossible to do both. (shrink)

Many morally significant outcomes can be brought about only if several individuals contribute to them. However, individual contributions to collective outcomes often fail to have morally significant effects on their own. Some have concluded from this that it is permissible to do nothing. What I call ‘the problem of insignificant hands’ is the challenge of determining whether and when people are obligated to contribute. For this to be the case, I argue, the prospect of helping to bring about the outcome (...) has to be good enough. Furthermore, the individual must be in a position to increase the probability of its being brought about to an appropriate extent. Finally, I argue that when too few are willing to contribute, people may have a duty to increase their number. Thus, someone can be obligated to contribute or to get others to contribute. This prospect account is consistent with Kantianism, contractualism and rule consequentialism but inconsistent with act consequentialism. (shrink)

This case study applies ethics theories and codes to the mainstream news media's response to the CBS News-National Guard forged documents fiasco of 2004. It finds that 177 newspaper editorials applied truth telling, accountability, independence, and stewardship principles in their criticism of CBS, but only in a limited way. While the editorials dealt well with the specific issues of the case, they missed an opportunity to discuss the broader ethical principles involved.

Many philosophers claim that ‘ought’ implies ‘can’. In light of recent empirical evidence, however, some skeptics conclude that philosophers should stop assuming the principle unconditionally. Streumer, however, does not simply assume the principle’s truth; he provides arguments for it. In this article, we argue that his arguments fail to support the claim that ‘ought’ implies ‘can’.

It is a common idea that morality, or moral truths, if there are any, must have some sort of source, or grounding. It has also been claimed that constructivist theories in metaethics have an advantage over realist theories in that the former but not the latter can provide such a grounding. This paper has two goals. First, it attempts to show that constructivism does not in fact provide a complete grounding for morality, and so is on a par with realism (...) in this respect. Second, it explains why it seems that morality in fact couldn't have a source. (shrink)

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

When a conflict of duties arises, a resolution is often sought by use of an ordering of priority or importance. This paper examines how such a conflict resolution works, compares mechanisms that have been proposed in the literature, and gives preference to one developed by Brewka and Nebel. I distinguish between two cases – that some conflicts may remain unresolved, and that a priority ordering can be determined that resolves all – and provide semantics and axiomatic systems for accordingly defined (...) dyadic deontic operators. (shrink)

The article raises the issue of ‘the right to be ill’, formulated by Tadeusz Kielanowski, a Polish physician and humanist. According to him, the right to health should be supplemented by the principle which would serve the protection of people with diseases or disabilities. One-sided interpretation of ‘the right to health’ may result in various forms of intolerance and discrimination. This paper presents what dangers Kielanowski recognized and explains why his approach was considered to be a novelty; what the idea (...) of ‘the right to be ill’ is, how the need for it is substantiated. This idea is considered in the context of human rights and it constitutes a starting point for the reflection on social phenomena connected with medicine. Taking into account the changes in medical ethics and culture which have taken place in the recent decades the question has been asked—is it worth talking about the right to be ill these days? Giving positive answers to this question, the spheres and issues that have been presented can be analyzed and assessed from the perspective of the right to be ill. (shrink)

Research on moral judgment has been dominated by rationalist models, in which moral judgment is thought to be caused by moral reasoning. The author gives 4 reasons for considering the hypothesis that moral reasoning does not cause moral judgment; rather, moral reasoning is usually a post hoc construction, generated after a judgment has been reached. The social intuitionist model is presented as an alternative to rationalist models. The model is a social model in that it deemphasizes the private reasoning done (...) by individuals and emphasizes instead the importance of social and cultural influences. The model is an intuitionist model in that it states that moral judgment is generally the result of quick, automatic evaluations (intuitions). The model is more consistent than rationalist models with recent findings in social, cultural, evolutionary, and biological psychology, as well as in anthropology and primatology. (shrink)

In Belief and the Will, van Fraassen employed a diachronic Dutch Book argument to support a counterintuitive principle called Reflection. There and subsequently van Fraassen has put forth Reflection as a linchpin for his views in epistemology and the philosophy of science, and for the voluntarism (first-person reports of subjective probability are undertakings of commitments) that he espouses as an alternative to descriptivism (first-person reports of subjective probability are merely self-descriptions). Christensen and others have attacked Reflection, taking it to have (...) unpalatable consequences. We prescind from the question of the cogency of diachronic Dutch Book arguments, and focus on Reflection's proper interpretation. We argue that Reflection is not as counterintuitive as it appears — that once interpreted properly the status of the counterexamples given by Christensen and others is left open. We show also that descriptivism can make sense of Reflection, while voluntarism is not especially well suited to do so. (shrink)

ABSTRACT Is what we’re morally permitted to do grounded in our subjective situation? Subjectivists maintain that it is. Objectivists deny this. I shall offer two arguments for Objectivism about moral permissibility.

A principle that many have found attractive is one that goes by the name “'Ought' Implies 'Can'.” According to this principle, one morally ought to do something only if one can do it. This essay has two goals: to show that the principle is false and to undermine the motivations that have been offered for it. Toward the end, a proposal about moral obligation according to which something like a restricted version of 'Ought' Implies 'Can' is true is floated. Though (...) no full-fledged argument for this proposal is offered, that it fits with a rather natural and intuitive picture of the structure of morality and seems to explain certain salient features of the debate over whether the principle is true, goes some way toward recommending it. (shrink)

This paper focuses on a hypothetical case that represents an intervention request familiar to those who work with individuals with intellectual disability. Stacy has autism and moderate intellectual disability. Her parents have requested treatment for her hand flapping. Stacy is not competent to make her own treatment decisions; proxy consent is required. There are three primary justifications for proxy consent: the right to an open future, substituted judgment, and the best interest standard. The right to an open future justifies proxy (...) consent on the assumption of future autonomy whereas substituted judgment justifies proxy consent via reference to past autonomy. Neither applies. Stacy has not been, nor will she be, competent to make her own treatment decisions. The best interest standard justifies proxy consent on the grounds of beneficence. It is unlikely that hand flapping harms Stacy. None of the three primary means of justifying proxy consent apply to Stacy’s case. (shrink)