The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent understood, following (...) Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

According to T. M. Scanlon's buck‐passing account, the normative realm of reasons is in some sense prior to the domain of value. Intrinsic value is not itself a property that provides us with reasons; rather, to be good is to have some other reason‐giving property, so that facts about intrinsic value amount to facts about how we have reason to act and to respond. The paper offers an interpretation and defense of this approach to the relation between reasons and values. (...) I start by acknowledging the role that substantive values play in specifications of our reasons, noting that this poses an apparent challenge to the buck‐passing account. The challenge can be met, however, if we adopt a deliberative understanding of substantive value, an interpretation that I proceed to develop and defend. In conclusion I consider recent attempts to capture the agent‐relativity of reasons within a teleological framework for thinking about the relation between reasons and values. I argue that these approaches rest on a deliberative understanding of value; the teleological framework thus turns out to illustrate the basic insight of the buck‐passing approach, rather than offering an alternative to it. (shrink)

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that (...) capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)

This paper identifies the different normative ethical arguments stated and suggested by Arjuna and Krishna in the Gītā , analyzes those arguments, examines the interrelations between those arguments, and demonstrates that, contrary to a common view, both Arjuna and Krishna advance ethical theories of a broad consequentialist nature. It is shown that Krishna’s ethical theory, in particular, is a distinctive kind of rule-consequentialism that takes as intrinsically valuable the twin consequences of mokṣa and lokasaṃgraha . It is also argued that (...) Krishna’s teachings in the Gītā gain in depth, coherence, and critical relevance what they lose in simplicity when the ethical theory underlying those teachings is understood as a consequentialism of this kind rather than as a deontology. (shrink)

This article identifies an integrated teaching strategy that was originally developed for engineers, the so-called ‘micro-insertion’ approach, as a practical and effective means to teach ethics at business schools. It is argued that instructors can incorporate not only generic or thematic learning objectives for students into this method (i.e., the intended content of what is being taught: in our case, an underlying ethical base for doing business), but also do so via a strategically integrated approach regarding the appropriate mix and (...) timing of these micro-insertions. With this in mind, we propose a qualitative and example-based approach that endeavors to provide a versatile way for business teachers to incorporate ethics into their general business classes. We also present a conceptual and theoretical framework that underpins this method, and we further provide a set of specific examples and a practical table that show how business instructors might integrate ethics-oriented micro-insertions into their teaching. (shrink)

Are political and economic rights equally basic? This is one of the main issues liberal egalitarians and classical liberals disagree about. The former think political rights should be more strongly protected than economic ones; classical liberals thus accuse them of an unjustified and politically biased ‘economic exceptionalism’. Recently, John Tomasi has developed a special version of this challenge, which is targeted against Murphy and Nagel’s account of the relationship between property rights and just taxation. In this paper, I analyze this (...) challenge, and provide an account of its limitations. Tomasi’s strategy to drive Murphy and Nagel’s account into an overgeneralization problem brings to light that liberals weren’t guilty of any kind of economic exceptionalism in the first place. However, this also shows that classical liberalism and libertarians do not disagree as much as it might seem. (shrink)

The paper analyses Rawls's teleology/deontology distinction, and his concept of priority of the right. The first part of the paper aims both 1) to clarify what is distinctive about Rawls's deontology/teleology distinction (thus sorting out some existing confusion in the literature, especially regarding the conflation of such distinction with that between consequentialism and nonconsequentialism); and 2) to cash out the rich taxonomy of moral theories that such a distinction helpfully allows us to develop. The second part of the paper examines (...) the concept of priority of the right. It argues that such a concept should not be identified with that of deontology— indeed, deontological theories do not necessarily assign priority to the right over the good. However, it contends that the concept of priority of the right is essential to explaining what specific kind of deontological theory "justice as fairness" is. Justice as fairness is a deontological theory which assigns priority to the right as a consequence of its commitment to a neutral position with respect to different accounts of what is ultimately valuable and good. (shrink)

What counts as global ‘harm’? This article explores this question through critical engagement with Thomas Pogge’s conception of negative duties not to harm. My purpose here is to show that while Pogge is right to orient global moral claims around negative duties not to harm, he is mistaken in departing from the standard understanding of these duties. Pogge ties negative duties to global institutions, but I argue that truly negative duties cannot apply to such institutions. In order to retain the (...) global force of negative duties, we need to dissociate these duties from global institutions: each society’s negative duty to stop harming specific other societies ought to be seen as independent of global institutional change. In order to establish this thesis, I criticize both the features and the derivation of Pogge’s variant of negative duties. I conclude that one must see global negative duties as applying to the relations between specific sovereign societies as unitary agents rather than to global institutions. I then show how this view of negative duties can yield significant global reform, based on Pogge’s own accusations concerning democracies’ conferral of trading privileges upon dictators who embezzle state resources. After presenting the normative, empirical, and strategic advantages of such reform, I anticipate Poggean objections. (shrink)

This paper examines the links between acting upon a duty to assist, responsibility for these actions, and how such actions link with incremental moral duties that can amass as a consequence of such action. More specifically, this paper is concerned with practices of international aid and assistance, whereby public and privately funded donations enable the actions of parties outside of the territorial and jurisdictional boundaries of a community and state to directly influence the functioning of that community, and the incremental (...) moral duties to which such action can give rise. Using a Senian account of the basis of moral duty, it explains how agents are responsible for the outcomes of their acts of assistance, even when mediated through international institutional actors, and how such acts can give rise to accumulative duties and obligations that are not bound or constrained by territorial boundaries or pre-existing special obligations. (shrink)

When one wishes to formulate, evaluate and implement public policies, the existence of a plurality of social actors, with interest in the policy being assessed, generates a conflictual situation. How such a conflict should be dealt with? This paper defends the thesis articulated in the following points: Different metrics are linked to different objectives and values. To use only one measurement unit for incorporating a plurality of dimensions, objectives and values, implies reductionism necessarily. Point can be proven as a matter (...) of formal logic by drawing on the work of Geach about moral philosophy. This theoretical demonstration is an original contribution of this article. Moreover, here the distinction between predicative and attributive adjectives is formalised and definitions are provided. Predicative adjectives are further distinguished into the new categories of absolute and relative ones. The new concepts of set commensurabi... (shrink)

Amartya Sen argues that a conception of impartiality built upon “trans-positional objectivity” provides a potential remedy to conflicts of distributive justice by securing the most “reasonable reasons” in a debate. This article undertakes a critical analysis of Sen’s theory by contrasting it with Paul Ricoeur’s claim that impartiality is a normative concept and therefore that the demand faced within the arena of competing distributive claims is not one of providing the most reasonable reasons but of exposing and understanding the role (...) of convictions that underwrite normative frameworks, or ethical orders. -/- Amartya Sen soutient qu’une idée de l’impartialité qui se fonde sur une objectivité «trans-positionelle» offre un remède possible aux conflits de la justice distributive en s’assurant d’obtenir les «raisons» les plus «raisonnables» dans un débat. Cet article a pour intention principale de formuler une critique de l’hypothèse de Sen en la contrastant avec l’interprétation de l’impartialité proposée par Paul Ricœur. Selon Ricœur, l’impartialité est un concept normatif. Par conséquent, la tâche à assumer est de révéler et de comprendre le rôle des convictions qui établissent les bases des cadres normatifs et des systèmes éthiques, et non de procurer les raisons les plus raisonnables. (shrink)

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)

The purpose of this paper is to motivate and defend a recognizable version of N. L. Wilson's "Principle of Charity" Doing so will involve: (1) distinguishing it fromthe significantly different versions of the Principle familiar through the work of Quine and Davidson; (2) showing that it is compatible with, among other things, both semantic externalism and "simulation" accounts of interpretation; and (3) explaining how it follows from plausible constraints relating to the connection between interpretation and self-interpretation. Finally, it will be (...) argued that Charity represents a type of "minimal individualism" that is closely tied to first person authority, and that endorsing Charity in our interpretations of others reflects a commitment to capturing, from the third-person starting point, their first-personal point of view. (shrink)

The incomparability of alternatives is thought to pose a problem for justified choice, particularly for proponents of comparativism better than,worse than,equally good,roughly equalon a par. namely, rejection of the transitivity of the relation In this paper, I argue that proponents of comparativism need not incur this cost. I defend the possibility of justified choice between incomparable alternatives on grounds that comparativists can accept. The possibility of incomparability has been met with resistance, in part because of the intuitive appeal of comparativism. (...) By defending the possibility of justified choice between incomparable alternatives on grounds that comparativists can accept, this paper supports further inquiry into the subject of incomparability. (shrink)

The incomparability of alternatives is thought to pose a problem for justified choice, particularly for proponents ofcomparativism– the view that comparative facts about alternatives determine what one rationally ought to choose. As a solution, it has been argued that alternatives judged incomparable by one of the three standard comparative relations, “better than,” “worse than,” and “equally good,” are comparable by some fourth relation, such as “roughly equal” or “on a par.” This solution, however, comes at what many would regard as (...) too high a cost – namely, rejection of the transitivity of the relation “at least as good as.” In this paper, I argue that proponents of comparativism need not incur this cost. I defend the possibility of justified choice between incomparable alternatives on grounds that comparativists can accept. The possibility of incomparability has been met with resistance, in part because of the intuitive appeal of comparativism. By defending the possibility of justified choice between incomparable alternatives on grounds that comparativists can accept, this paper supports further inquiry into the subject of incomparability. (shrink)

Science-based methods for assessing the practical rationality of a proposed public policy typically represent assumed future outcomes of policies and values attributed to these outcomes in an idealized, that is, intentionally distorted way and abstracted from aspects that are deemed irrelevant. Different types of methods do so in different ways. As a consequence, they instantiate the properties that result from abstraction and idealization such as conceptual simplicity versus complexity, or comprehensiveness versus selectivity of the values under consideration to different degrees. (...) I hold that none of these methods is best in general. Instead, I opt for the valuation method that is useful for the policy issue in question both in terms of its relevance and in terms of its practicability. Relevance requires that the method can represent and account for what is at stake in the policy issue. Practicability refers to aspects such as easy versus difficult handling of the method. To argue for the claim, I evaluate three types of valuation methods: cost–benefit analysis that rests on unidimensional measurement and ranking, multi-criteria decision analysis that applies multi-dimensional measurement but unidimensional ranking, and non-aggregate indicator systems that operate with multi-dimensional measurement and sometimes also multi-dimensional ranking. Second-order justification indicating whether and how the valuation method chosen is capable of accounting for the substantive value considerations that constitute the real-world policy issue in question renders the conditions on which the results of a proposed policy evaluation rest transparent. (shrink)

This article presents an approach to how to make reasonable social choices when independent criteria (e.g., prioritarianism, religious freedom) fail to fully determine what to do. The article outlines different explanations of why independent criteria sometimes fail to fully determine what to do and illustrates how they can still be used to eliminate ineligible alternatives, but it is argued that the independent criteria cannot ground a reasonable social choice in these situations. To complement independent criteria when they fail to fully (...) determine what to do, it is suggested that society must engage in public deliberation by way of generating new reasons that can determine how to rank the alternatives. It is suggested that the approach to social choice presented here reveals a way of accepting the relevance of independent criteria for social choice without letting go of the idea that the attitudes of affected parties matter. (shrink)

A notorious problem that has recently received increased attention in axiology, normative theory and population ethics is the apparent ubiquity of what can be generally called nondeterminacy. This paper illustrates how nondeterminacy can spawn cyclical rankings. So, accepting that practical reasons can admit of nondeterminacy challenges the widely held idea that ‘better than’ is transitive. As a result, standard approaches to rational choice under nondeterminacy fail to be action-guiding, since in some situations all options are dominated, that is, impermissible according (...) to standard rational choice criteria. (shrink)

When presented with a situation involving an agent’s choice between alternative actions, a moral oracle says what the agent is allowed to do. The oracle bases her advice on some moral theory, but the nature of that theory is not known by us. The moral oracle’s test consists in determining whether a series of questions to the oracle can be so constructed that her answers will reveal which of two given types of theories she adheres to. The test can be (...) applied to moral theories in order to determine if they differ in their recommendations for action. Based on this test, a terminology is developed to specify different forms and degrees of distinguishability between moral theories, or types of theories, in terms of their recommendations for action. In conclusion, the test is applied to consequentialism and utilitarianism. (shrink)

Real-life decision-making often begins with a disorderly decision problem that has to be clarified and systematized before a decision can be made. This is the process of decision structuring that has largely been ignored both in decision theory and applied decision analysis. In this contribution, ten major components of decision structuring are identified, namely the determination of its scope, subdivision, agency, timing, options, control ascriptions, framing, horizon, criteria and restructuring. Four of these components, namely the scope, subdivision, options, and horizon (...) of a decision, are subjected to a more detailed analysis. (shrink)

What does evaluation mean? This article examines the evaluative process as a practical judgment that links a situation to a set of values in order to decide upon a course of action. It starts by discussing A. Sen’s “relational” and “comparative” account of evaluation, built in critical dialogue with J. Rawls’ deductive theory. Comparison, incompleteness, reality, and deliberation are the key principles of Sen’s approach, which, in some respects, echoes that of J. Dewey. The second part shows the relevance of (...) completing Sen’s approach with Dewey’s pragmatism, since Dewey’s emphasis on practical judgment is a useful counterbalance to Sen’s focus on evaluation as a cognitive process. Dewey introduces a shift from values to valuation and draws a distinction between prizing and appraising, which makes the logic of inquiry and the search for consistency between means and ends in a given situation the fulcrum of evaluation. The third part of this paper addresses the relationship between values and norms in evaluative processes. Neither Sen nor Dewey deals with this question in a systematic way, although norms, which are both similar and different from values, contribute to frame evaluations in different ways: as horizons, resources, or constrains. Bringing norms into the picture means completing the pragmatist account with an institutionalist perspective, as we suggest through the example of the evaluation of work. (shrink)

Jeremy Bentham provided a comprehensive list of the sources of pleasure and pain, rather in the manner of modern researchers into human well-being. He explicitly used the term well-being and made both qualitative and quantitative proposals for its measurement. Bentham insisted that the measurement of well-being should be firmly based on the concerns and subjective valuations of those directly concerned, in the context of a liberal society. Those who wished to superimpose other judgements were dismissed as "ipsedixitists." He also addressed, (...) though of course could not solve, some of the measurement problems more recently tackled by "neo-Benthamites." The paper concludes that many of Bentham’s observations about the measurement of well-being are still relevant to issues in current research. Key Words: utilitarianism • Bentham • well-being • capabilities. (shrink)

Amartya Sen's memoir, Home in the World, is a compelling read, giving a fascinating view of the making of the mind of one of the foremost public intellectuals of our time. In reflections on the first three decades of his life—all filled with an amazing range of experiences, encounters, and intellectual explorations that span Asia, Europe, and North America—Sen weaves a comprehensive and interlocking narrative that brings together a unitary worldview where two multi-dimensional themes are juxtaposed throughout the book: the (...) presence of the past and the convergence of the near and the far. In this essay, I highlight some of the life experiences and lessons shared in Sen's memoir grounded in his ideas of identity and shared humanity. These ideas took on a prominent place in Sen's life, in part, through his educational experience at the innovative school founded by the visionary poet Rabindranath Tagore. I draw on the views of both Sen and Tagore, as discussed in Sen's memoir. These lessons and ideas can help us in appreciating the power of knowledge, the value of education, and the allure of diversity. They can also guide us in our search for a more just world. (shrink)

Balfe argues against enhanced interrogation. He particularly focuses on the involvement of U.S. healthcare professionals in enhanced interrogation. He identifies several empirical and normative factors and argues that they are not good reasons to morally justify enhanced interrogation. I argue that his argument can be improved by making two points. First, Balfe considers the reasoning of those healthcare professionals as utilitarian. However, careful consideration of their ideas reveals that their reasoning is consequential rather than utilitarian evaluation. Second, torture is a (...) serious human rights abuse. When healthcare professionals become involved in enhanced interrogation, they violate not only human rights against torture but also human rights to health. Considering the consequential reasoning against human rights abuses, healthcare professionals’ involvement in enhanced interrogation is not morally justified. Supplementing Balfe’s position with these two points makes his argument more complete and convincing, and hence it can contribute to the way which shows that enhanced interrogation is not justified by consequential evaluation. (shrink)

Fundamental questions in value sensitive design include whether and how high-tech products/artefacts could embody values and ethical ideals, and how plural and incommensurable values of ethical and social importance could be chosen rationally and objectively at a collective level. By using a humanitarian cargo drone study as a starting point, this paper tackles the challenges that VSD’s lack of commitment to a specific ethical theory generates in practical applications. Besides, it highlights how mainstream ethical approaches usually related to VSD are (...) incapable of solving main ethical dilemmas raised by technological design for well-being in democratic settings. Accordingly, it is argued that VSD’s ethical-democratic import would substantially be enhanced by the espousal of a procedural ethics stance and the deliberative approach to value and welfare entailed by Amartya Sen’s capability approach. Differently from rival ethical–political theories, its normative and meta-ethical foundations better handle human diversity, value-goal pluralism, conflicting vested interests as well as the epistemic-moral disagreements typical of contemporary complex democracies. Particularly, Sen’s capability approach procedural-deliberative tenets result in an “objective-impartial” choice procedure selecting a “hierarchy” of plural incommensurable values and rational goals thus, suitable to validate an applied science such as welfare-oriented technological design in concrete social environments. Conclusions suggest that refining VSD with a capability-based procedural approach to ethics fosters the concern for democracy and social justice while preserving vital scientific-technical standards. Major advantages are at an applied level to delivering ethically and socially justified, but yet highly functional technologies and high-tech products/artefacts. (shrink)

We review methods for economic evaluation recently developed in health economics by focusing on the epistemic and non-epistemic values they embody. The emphasis is on insights into valuing health,...

The purpose of this article is to offer guidelines to deal with hard choices, specifically in situations where some compromise among opposing values is inescapable. The guidelines are intended to help ethicists and practitioners to delineate different alternatives and to dismiss some of them as morally unacceptable. This article explores the view that compromises arise from negotiations but from ethical predicaments as well. For this reason, I distinguish between strategic and moral compromises. Both managers and employees are individual moral agents (...) who have to confront the possibility of unpalatable and even disgusting compromises, so that they are forced to put their integrity into risk in certain compromise situations. However, I shall argue for the possibility of palatable moral compromises. The guidelines to cope with those situations and to identify the unpalatable compromises are based on J. S. Mill's moral philosophy. Mill suggested that half-measures passed in Parliament must have certain key elements to be morally acceptable. I make use of this doctrine to put forward compromise guidelines in the form of a set of hallmarks, internal and external elements of palatable compromises. Two minicases are used to test the guidelines and to emphasize the importance of compromises for ethical decision making and commitment to company. (shrink)

This essay attempts to specify just what one would need to show in order to draw any substantive conclusion about religion’s consequential value. It is focused on three central questions: (1) What exactly is being evaluated? (2) What benefits and harms are relevant? (3) How are the relevant benefits and harms to be assessed? Each of these questions gives rise to a range of thorny philosophical and empirical issues, and any thesis about religion’s ultimate consequential value will therefore be contingent (...) on a range of rationally contestable assumptions and stipulations. Consequently, one should not take it as “obvious” that religion is a harmful social force, or that the world would be better off without it. Such claims require much more empirical research and philosophical reflection than they have received thus far. Thus, while we can point to a few clear cases of religiously-produced harm and benefit, we do not yet know what religion’s ultimate consequential value is, as counter-intuitive as that may seem. (shrink)

The article deals with the ambiguous relation between fear and expertise, and examines how it affects institutions’ legitimation. In contemporary societies the so-called expert systems can be considered as powerful trust creators. However their power can also cause fear, as their control over the majority of everyday life tasks can have a “disabling” effect on lay people. This double-edged role deeply influences the relation between citizens and institutions, the latter considerably relying on expertise in order to be perceived as rational (...) actors. Fear, therefore, can be considered as a central element in determining the legitimacy of institutions in modern societies. (shrink)

Orthodox decision theory gives no advice to agents who hold two goods to be incommensurate in value because such agents will have incomplete preferences. According to standard treatments, rationality requires complete preferences, so such agents are irrational. Experience shows, however, that incomplete preferences are ubiquitous in ordinary life. In this paper, we aim to do two things: (1) show that there is a good case for revising decision theory so as to allow it to apply non-vacuously to agents with incomplete (...) preferences, and (2) to identify one substantive criterion that any such non-standard decision theory must obey. Our criterion, Competitiveness, is a weaker version of a dominance principle. Despite its modesty, Competitiveness is incompatible with prospectism, a recently developed decision theory for agents with incomplete preferences. We spend the final part of the paper showing why Competitiveness should be retained, and prospectism rejected. (shrink)

In The Idea of Justice, Amartya Sen, among other things, discusses certain qualities any adequate theory of justice ought to incorporate. Two important qualities a theory of justice should account for are impartiality/objectivity and sensitivity to consequences. In order to motivate his discussion of sensitivity to consequences, Sen discusses the debate between Krishna and Arjuna from the religio-philosophical Hindu text the Bhagavad Gita. According to Sen, Arjuna represents a sensitivity to consequences while Krishna is an archetypal deontologist. In this paper (...) it will be argued that Sen's interpretation of the Gita is inaccurate. Further, a more adequate interpretation will be presented. What will be of significance is that the more adequate interpretation actually demonstrates the importance of an impartial spectator in moral reasoning. Finally, there will be a discussion of some lessons that can be taken from the Gita regarding justice generally. (shrink)

The buck-passing account of value involves a positive and a negative claim. The positive claim is that to be good is to have reasons for a pro-attitude. The negative claim is that goodness itself is not a reason for a pro-attitude. Unlike Scanlon, Parfit rejects the negative claim. He maintains that goodness is reason-providing, but that the reason provided is not an additional reason, additional, that is, to the reason provided by the good-making property. I consider various ways in which (...) this may be understood and reject all of them. So I conclude that buck-passers cannot reject the negative claim. (shrink)