This paper offers a defense against the primary objection to the view that goodness and other value properties give normative reasons, which is T. M. Scanlon’s influential redundancy argument. Scanlon reasons that value properties cannot add anything over and above what non-evaluative properties contribute. I suggest this line of reasoning is analogous to Jaegwon Kim’s causal exclusion argument against non-reductive physicalism, and adapt Ned Block’s objection to exclusion—a generalization and regress argument—into a reason for rejecting Scanlon’s argument. Differences between reasons (...) and causes make Scanlon’s task more difficult than Kim’s. (shrink)

I argue that all reasons for actions and attitudes consist in reasons for preferences; call this view RP. According to RP, reasons for A to believe that p just consist in reasons for A to prefer their believing that p to their not believing that p, and reasons for A to have a pro-attitude or perform an action just consist in reasons for A to prefer that she has that attitude/performs that action. I argue that we have strong reason to (...) accept RP because we can explain a correlation between reasons for prefer- ences and other reasons only if we accept RP. I argue that no objections undermine RP and that RP has interesting implications for the reasons for attitudes there are and for reasons fundamentalism. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

Common-sense morality divides acts into those that are right and those that are wrong, but it thinks some wrong acts are more seriously wrong than others, for example murder than breaking a promise. If an act is more seriously wrong, you should feel more guilt about it and, other things equal, are more blameworthy for it and can deserve more punishment; more serious wrongs are also more to be avoided given empirical or moral uncertainty. This paper examines a number of (...) different views about what makes for more serious wrongness and considers the possibility that this may be different for acts that violate deontological vs. consequentialist duties. It also asks whether there’s a parallel concept that admits of degrees on the side of rightness, one of being, as we can say, more importantly right. (shrink)

Is the wrongness of an action a reason not to perform it? Of course it is, you may answer. That an action is wrong both explains and justifies not doing it. Yet, there are doubts. Thinking that wrongness is a reason is confused, so an argument by Jonathan Dancy. There can’t be such a reason if ‘ϕ-ing is wrong’ is verdictive, and an all things considered judgment about what (not) to do in a certain situation. Such judgments are based on (...) all the relevant reasons for and against ϕ-ing. If that ϕ-ing is wrong, while being an all things considered verdict, would itself be a reason, it would upset the balance of reasons: it would be a further reason which has not yet been considered in reaching the verdict. Hence, the judgment wasn’t ‘all things considered' after all. I show that the argument against wrongness being a reason is unsuccessful, because its main assumption is false. Is main assumption is that a consideration which necessarily does not affect the balance of reasons is not a reason. I also argue that there can be no deontic buck-passing account. (shrink)

Legal rationalist: law claims to give its subjects reasons for action. Normative reasons intuition: Reasons for action being key, the obvious way to establish that law makes a practical difference in people's deliberations is by arguing that the law claims to give reasons for action to its subjects. Explanatory Reasons Intuition: "And while it is possible to be confused about our normative reasons, it seems unlikely that everyone is confused all the time; so the fact that people consistently take the (...) law as their motivating reason and guide their conduct by the law does seem to suggest that the law does provide normative reasons for its subjects." And if it’s a necessary feature of law that it claims authority, then the argu- ment seems to establish that law claims to provide reasons for its subjects. Schematically the argument as a whole goes like this: The law claims to be a legitimate authority. If a legitimate authority directs a subject to φ the subject is obligated to φ ). The fact that an agent is obligated to φ is a reason for her to φ. So the law claims that its directives are reasons......Obligations as Reason-Giving : the fact that A is obligated to φ is itself a reason for A to φ. Unfortunately for the Legal Rationalist, OAR is false. Legal obligation has certain features which mean that the fact that a certain action’s being legally obligatory cannot itself constitute a reason to perform that action." Will explain away the intuitions in terms of triggering, and show how law can make a normative difference that is consistent with the falsity of OAR. Law's claim, and normative impact, can be captured exclusively in terms of second-order reasons. PartofwhatHartisafterhereistheideathatdeliberationon the matter of whether or not to φ is closed or settled by the obligation. But deliberation is cut off because the law has reached some sort of conclusion or answer or verdict on the question of whether or not to φ. The legal obligation not to φ contains a practical verdict about φing: it is not to be done. This idea – that the legal obligation not to φ provides or contains a verdict that φing is not to be done – is the idea that legal obligation is verdictive. For something to be verdictive is for it to express or embody a verdict or conclusion as to what ought to be done. It is plausible to say that wrongness is verdictive. So to say that such-and-such an action would be wrong is to express a verdict on that action – it is one which should not be done. To get a handle on the idea of the verdictive it helps to contrast it with the contributory. A contributory consideration is one which contributes to the verdict, by increasing the weight on the verdict’s side. So that φing would harm someone, or would cause extreme suffering, or would have costs that vastly outweighed any benefits, say, would be contributory considerations on the side of the verdict that φing would be wrong." "Wrong" is verdictive, and so it cannot itself be a reason for the action - it cannot be a reason for itself. Obligation and wrong in law are very close, and obligation should be treated as verdictive. This shows us that OAR is false. (shrink)

Is the fact that an action would be wrong itself a reason not to perform it? Warranted attitude accounts of value suggest about value, that being valuable is not itself a reason but to the reasons for valuing something in which its value consists. Would a warranted attitude account of moral obligation and wrongness, not entail, therefore, that being morally obligatory or wrong gives no reason for action itself? I argue that this is not true. Although warranted attitude theories of (...) normative concepts entail buck-passing with respect to reasons for the specific attitudes that are inherently involved in the concept, the concepts of moral obligation and wrong are normative not in the first instance for action, but for a distinctive set of attitudes (Strawsonian ) through which we hold ourselves and one another answerable for our actions. On this analysis, moral obligations are demands we legitimately make as representative persons, and the fact that an act would violate such a demand, and so disrespect the authority these demands presuppose, is indeed a reason not to perform the wrongful act that is additional to whatever features make the act wrong. (shrink)

Abstract It would be puzzling if the morally best agents were not so good after all. Yet one prominent account of the morally best agents ascribes to them the exact motivational defect that has famously been called a “fetish.” The supposed defect is a desire to do the right thing, where this is read de dicto . If the morally best agents really are driven by this de dicto desire, and if this de dicto desire is really a fetish, then (...) the morally best agents are moral fetishists. This is puzzling. I resolve the puzzle by showing that on a proper understanding of the interaction between de dicto and de re moral motivation, it is not only not fetishistic, but quite possibly desirable, to be motivated by a de dicto desire to do the right thing. My argument relies partly on an appeal to a non-buck-passing account of moral rightness, according to which rightness is itself an additional reason-giving property over and above the right-making properties of an action. If this account of moral rightness is correct, then we would expect the morally best agents to exhibit de dicto moral motivation. However, since their de dicto desire acts in concert with de re desires, there is no reason to consider it a fetish. Content Type Journal Article Pages 1-19 DOI 10.1007/s11098-011-9825-z Authors Vanessa Carbonell, Philosophy Department, University of Cincinnati, P.O. Box 210374, Cincinnati, OH 45221-0374, USA Journal Philosophical Studies Online ISSN 1573-0883 Print ISSN 0031-8116. (shrink)

This thesis is about what a normative reason is and how reasons relate to oughts. I argue that normative reasons are to be understood as relational properties of favouring or disfavouring. I then examine the question: What is the relation between reasons, so understood, and what we ought to do, believe, or feel? I argue that the relation is an explanatory one. We should explain what we ought to do in terms of reasons, and not the other way around. This (...) view faces a number of difficulties, in particular in accounting for supererogatory acts and the distinction between an action being required and an action being recommended. The analysis that I provide explains how we can solve these problems. In providing such an analysis, this thesis aims to be a contribution to the discussion of how we might elucidate the structure of what is sometimes called normativity. (shrink)

There exists a widespread consensus amongst contemporary jurisprudents, positivists and non-positivists alike, that the meaning of ‘obligation’ should not radically shift from law to morality, or any of the other domains of practical reason. Yet there is limited effort in contemporary discussions of legal obligation to engage with the metaphysics of normativity with an eye to a well-founded account of those elements that deliver its non-conditional character. On a recent occasion I discussed the shortcomings of a prominent positivist account of (...) legal obligation, that of Jules Coleman. In this chapter I turn to a prominent non-positivist account, the model of principle, and argue that, even though it identifies key elements or conditions of normativity simpliciter, it stops short of delivering a conclusive account of unconditional legal obligation, an account that would place legal obligation in the same continuum with all other types of obligation. Taking up from where the model of principle halts, I propose a complementary—if more fundamental—account of normativity simpliciter, which I dub the model of norms. I make a case for it, by looking into universal conditions of normativity and, in conclusion, offer some more specific remarks about the advantages of the model of norms over other competing models. Part 2 looks into the account of legal obligation tendered by the model of principle. According to it, law is an instance of action-directing action or action that purports to get other agents to comply with the ends it sets out to attain. The idea here is that the very logic of action-direction draws moral reasons—principles—into the picture of legal obligation, as the one item that can explain how and whether the facts of a social practice, which purports to direct action, come to acquire the status of reasons for action for the subjects of law. Subsequently, this model is contrasted with an alternative model of obligation that takes facts of authority to constitute reasons of action in virtue solely of their structure. In conclusion it is argued that, in contrast to the second model, the model of principle manages to capture what is distinctive about action-directing action in the domain of law—that is, the special normative significance of the possibility to coerce others under a scheme of public institutions. Part 3 opens by pointing to a more widespread worry that needs to be addressed before the model of principle can be deemed fit for the role it is employed—the worry relates to the ability of principles to constitute genuine reasons for action. In particular, the enquiry investigates the nature of principles and their ability to avoid certain flaws that might pertain to reasons for action in general. In taking up this line of enquiry the paper looks into the more general debate on normativity with a view to specifying requirements that anything which purports to be a reason ought to meet. I employ a rationalist analysis of normativity, which brings the idea that intentional thought is normative to bear on the analysis of the meaning of normative terms, such as ‘ought’, ‘obligation’, ‘duty’. In conclusion, I argue that the content of normativity consists in normative facts—ie norms—which purport to model the content of ideal—or counterfactual—states of the will. Such norms give exhaustively the content of normativity. In light of the above, part 4 advances a two-layered model of norms, with the higher level being populated by norms simpliciter, and the lower by norms in a domain. When considered jointly the two layers ground the possibility of non-conditional obligation without evoking moral realism and the concomitant suspicion of scepticism. On the face of it some key advantages of the model of norms are discussed over the two other models of legal obligation, that of principle and that of authority. On the one hand norms resist the ‘talking past each other objection’ which is commonly levelled against principles. On the other, norms are much better suited to account for the moral limits of action-directing action than either principles or facts of authority, for they illustrate cogently that the grounds of any reason for action already include a concern for others’ autonomy. (shrink)