Many philosophers hold that whether an act is overall morally obligatory is an ‘objective’ matter, many that it is a ‘subjective’ matter, and some that it is both. The idea that it is or can be both may seem to promise a helpful answer to the question ‘What ought I to do when I do not know what I ought to do?’ In this article, three broad views are distinguished regarding what it is that obligation essentially concerns: the maximization of (...) actual value, the maximization of expected value, and the perceived maximization of actual value. The first and third views are rejected; the second view is then refined and defended. The unfortunate upshot is that there may be no very helpful answer to the question just mentioned. As to the question posed in the title of the article, the answer unsurprisingly depends on what ‘objective’ and ‘subjective’ are taken to mean. (Published Online November 24 2006). (shrink)

It might seem that racial profiling by doctors raised few of the same concerns as racial profiling by police, immigration, or airport security. This paper argues that the similarities are greater than first appear. The inappropriate use of racial generalizations by doctors may be as harmful and insulting as their use by law enforcement officials. Indeed, the former may be more problematic in compromising an ideal of individualized treatment that is more applicable to doctors than to police. Yet doctors, unlike (...) police, should not attempt to ignore race altogether. Race and ethnicity are associated with the geography of disease, with social and cultural factors relevant to disease, and, to some extent, with genetic predispositions to disease. Moreover, greater attention to the distinctive health conditions of certain racial and ethnic groups is necessary to make up for past neglect. But it will be a tricky business to steer a middle course between a naïve, reckless, or dogmatic color blindness and a stereotype-driven overreliance on race and ethnicity. In trying to steer such a course, the doctor can only hope for the day when a combination of more individualized genomic medicine and greater social equality will make it possible for her to pay less attention to race and ethnicity without detriment to her patients' health. (shrink)

A persistent argument against the transitivity assumption of rational choice theory postulates a repeatable action that generates a significant benefit at the expense of a negligible cost. No matter how many times the action has been taken, it therefore seems reasonable for a decision-maker to take the action one more time. However, matters are so fixed that the costs of taking the action some large number of times outweigh the benefits. In taking the action some large number of times on (...) the grounds that the benefits outweigh the costs every time, the decision-maker therefore reveals intransitive preferences, since once she has taken it this large number of times, she would prefer to return to the situation in which she had never taken the action at all. We defend transitivity against two versions of this argument: one in which it is assumed that taking the action one more time never has any perceptible cost, and one in which it is assumed that the cost of taking the action, though (sometimes) perceptible, is so small as to be outweighed at every step by the significant benefit. We argue that the description of the choice situation in the first version involves a contradiction. We also argue that the reasoning used in the second version is a form of similarity-based decision-making. We argue that when the consequences of using similarity-based decision-making are brought to light, rational decision-makers revise their preferences. We also discuss one method that might be used in performing this revision. (shrink)

The article argues that discrimination is bad as such when and because it undermines equality of opportunity. It shows, first, that other accounts, such as those concerning intent, efficiency, false representation, prejudice, respect and desert cannot account for the badness of discrimination as such. The inequality of opportunity account, in contrast, captures everything that is bad about discrimination. The article then addresses some counter-examples of practices that are discriminatory without arguably entailing inequality of opportunity, where the notable case is that (...) of segregation. It is further demonstrated that the account successfully handles some of the tricky aspects associated with discrimination, such as those concerning the confinement of discrimination to salient groups, discriminatees by means of financial compensation, in the selection of life partners, and the duties of employers. (shrink)

We have benefited from conversations with Archon Fung, Brian Jacob, Todd Pittinsky, Peter Schuck, Ani Satz, Andrew Williams, and students in a joint class on statistics and ethics at the John F. Kennedy School of Government in October 2002. We are also grateful to our audience at the conference “The Priority of Practice,” organized by Jonathan Wolff at University College London in September 2003, and to Arthur Applbaum, Miriam Avins, Frances Kamm, Simon Keller, Frederick Schauer, Alan Wertheimer, and the Editors (...) of Phi- losophy & Public Affairs for insightful comments. We have benefited from prepublication reading of Schauer’s work on profiling, Profiles, Probabilities, and Stereotypes (Cambridge, Mass: Harvard University Press, 2003). We thank Avedis Koutoujian for research assistance. (shrink)

Affirmative Action is becoming the most controversial social issue of our day. In this essay I examine nine arguments on the moral status of Affirmative Action. I distinguish between weak Affirmative Action, which seeks to provide fair opportunity to all citizens from strong Affirmative Action, which enjoins preferential treatment to groups who have been underrepresented in social positions. I conclude that while weak Affirmative Action is morally required, strong Affirmative Action is morally wrong.

Christopher Kutz has written an excellent book: part metaphysics, part ethical theory, and part legal philosophy. The aim of the book, as is clear from the title, is to examine and defend the idea of complicity, that is, the responsibility of individuals for their participation in collective harms. While there has not been a lot of philosophical work on this topic, there has been some good work, and Kutz is responsive to most of it. But basically, this book strikes out (...) on its own, building a conception of complicity from an analysis of collective action and individual intention. The cornerstone of the analysis is the idea that individuals should be responsible for what they participate in, regardless of whether the participation makes a causal difference for the outcome. (shrink)

abstract A police technique known as racial profiling draws on statistical beliefs about crime rates in racial groups. Supposing that such beliefs are true, and that racial profiling is effective in fighting crime, is such profiling morally justified? Recently, Risse and Zeckhauser have explored the racial profiling of African‐Americans and argued that justification is forthcoming from a utilitarian as well as deontological point of view. Drawing on criticisms made by G. A. Cohen of the incentives argument for inequality, I argue (...) that, assuming that crime rates between different racial groups would converge in the absence of racial discrimination and unjust inequality, racial profiling is comprehensively unjustified. I also explain that, because Risse and Zeckhauser simply compare the status quo with an outcome that differs from it only in respect of the practice of racial profiling, they fail to show that such profiling is non‐comprehensively justified. And, exploring the problem from the point of view of a deontological concern for fairness, I identify a number of situations in which it would be non‐comprehensively unjustified to implement racial profiling (as well as some in which it might be non‐comprehensively unjustified not to implement racial profiling). (shrink)

In their article, “Racial Profiling,” Risse and Zeckhauser offer a qualified defense of racial profiling in a racist society, such as the contemporary United States of America. It is a qualified defense, because they wish to distinguish racial profiling as it is, and as it might be, and to argue that while the former is not justified, the latter might be. Racial profiling as it is, they recognize, is marked by police abuse and the harassment of racial minorities, and by (...) the disproportionate use of race in profiling.These, on their view, are unjustified. But, they contend, this does not mean that all forms of racial profiling are unjustified, even in a racist society, or that one has to be indifferent to the harms of racism to believe that this is so. Indeed, one of the aims of their article is to show that racial profiling, suitably qualified, “is consistent with support for far-reaching measures to decrease racial inequities and inequality” (p. 134), and so to challenge the assumption that “arguments in support of profiling can speak only to those who callously disregard the disadvantaged status of racial minorities.” In a long and provocative article there is, inevitably, a great deal to discuss. However, I will concentrate on two claims about the harms of racial profiling advanced on page 146, both because these merit careful discussion and because they are critical to Risse and Zeckhauser’s argumentative strategy. Those two claims are (1) that “the harm caused byprofiling per se is largely due to underlying racism” and is, therefore, purely expressive; and (2) that “the incremental harm done by profiling often factors into utilitarian considerations in such a way as to support profiling.” We can call the first the expressive harm thesis and the second the incremental harm thesis. I am no expert on racial profiling, or on racism, however, I will suggest that these two theses are far more controversial than Risse and Zeckhauser assume, and point to serious difficulties with their justification of profiling. (shrink)

In this article we survey six recent developments in the philosophical literature on free will and moral responsibility: (1) Harry Frankfurt's argument that moral responsibility does not require the freedom to do otherwise; (2) the heightened focus upon the source of free actions; (3) the debate over whether moral responsibility is an essentially historical concept; (4) recent compatibilist attempts to resurrect the thesis that moral responsibility requires the freedom to do otherwise; (5) the role of the control condition in free (...) will and moral responsibility, and finally (6) the debate centering on luck. (shrink)

Liberal political philosophy emphasizes the benefits of membership in a cultural group and, in the opinion of this challenging book, neglects its harmful, oppressive aspects. Andrew Kernohan argues that an oppressive culture perpetuates inegalitarian social meanings and false assumptions about who is entitled to what. Cultural pollution harms fundamental interests in self-respect and knowledge of the good and is diffuse, insidious, and unnoticed. This cultural pollution is analogous to environmental pollution, and though difficult to detect, is nonetheless just as real. (...) The book's conclusion is that a liberal state committed to the moral equality of persons must accept a strong role in reforming our cultural environment. (shrink)

Taking a series of colour patches, starting with one that clearly looks red, and making each so similar in colour to the previous one that it looks the same as it, we appear to be able to show that a yellow patch looks red. I ask whether phenomenal sorites paradoxes, such as this, are subject to a unique kind of solution that is unavailable in relation to other sorites paradoxes. I argue that they do not need such a solution, nor (...) do they succumb to one. In particular, I reject the claim made by Fara and Raffman that looks the same is a transitive relation, which would allow us to solve phenomenal sorites paradoxes by denying the possibility of the required kind of sorites series. (shrink)

I argue that, contrary to widespread philosophical opinion, phenomenal indiscriminability is transitive. For if it were not transitive, we would be precluded from accepting the truisms that if two things look the same then the way they look is the same and that if two things look the same then if one looks red, so does the other. Nevertheless, it has seemed obvious to many philosophers (e.g. Goodman, Armstrong and Dummett) that phenomenal indiscriminability is not transitive; and, moreover, that this (...) non-transitivity is straightforwardly revealed to us in experience. I show this thought to be wrong. All inferences from the character of our experience to the non-transitivity of indiscriminability involve either a misunderstanding of continuity, a mistaken interpretation of the idea that we have limited powers of discrimination, or tendentious claims about what our experience is really like; or such inferences are based on inadequately supported premisses, which though individually plausible are jointly implausible. (shrink)

S. 39: "My project in this paper is to develop the initial distinction which I have drawn between recognition and appraisal respect into a more detailed and specific account of each. These accounts will not merely be of intrinsic interest. Ultimately I will use them to illuminate the puzzles with which this paper began and to understand the idea of self-respect." 42 " Thus, insofar as respect within such a pursuit will depend on an appraisal of the participant from the (...) perspective of whatever standards are held to be appropriate to the pursuit, such respect will depend on a judgement to which excellences of character are thought relevant. Note that exactly what aspect of the person's character is thought to be relevant in this instance is his recognition respect (or lack of it) for the standards of the pursuit." 44 "This attitude fails of being appraisal respect in that my having it toward the person is conditional on those traits being such as to make him server a particular purpose that I happen to have" 44 - 45 "To sum up: Appraisal respect is an attitude of positibe appraisal of a person either judged as a person or as engaged in some more specific pursuit. In the first case, the appropriate grounds are features of the person's character: dispositions to act for particular reasons or a higher-level disposition to act for the best reasons. In the second case, though features of character do not exhaust the appropriate grounds for appraisal respect, some such character traits will be relevant (recognition respect for the standards of a particular pursuit). Also, the other features which constitute the appoprate excellences of the pursuit must be related to traits of character in the way specified. In both cases, the positive appraisal of the person, and of his traits, must be categorical. It cannot depend on the fact that the person, because of his traits, serves an interest or purpose of one's own." 45 "To have recognition respect for someone as a person is to give appropriate weight to the fact that he or she is a person by being willing to constrain one's behaviour in ways required by that fact." 45 "This is rather different from having an attitude of appraisal respect for someone as a person. The latter is a positive appraisal oif an individual made with regard ti those features which are excellences of persons. As such, it is not owed to everone, for it may or may not be merited. When it is, what is merited is just the positive appraisal itself." 47 "Second, the only beings who are approriate objects of appraisal respect are those who are capable of acting for reasons and hence capable of conceiving of various facts as meriting more or less consideration in deliberation.". (shrink)

Racial profiling appears to be morally more troubling when the racial group that is the object of the profile suffers from background injustice. This article examines two accounts of this intuition. The responsibility-based account maintains that racial profiling is morally more problematic if the higher offender rate within the profiled group is the result of social injustices for which other groups in society are responsible. The expressive harm based account maintains that racial profiling is more problematic if it makes background (...) injustice vivid and thereby causes the profiled to feel resentment. I raise problems with both accounts and suggest a third account. On the humiliation-based account, individuals who are subjected to racial profiling in a context of background injustice are placed in a situation in which they cannot prevent appearing to onlookers in a demeaning way. (shrink)

Moral puzzles about actions which bring about very small or what are said to be imperceptible harms or benefits for each of a large number of people are well known. Less well known is an argument by Warren Quinn that standard theories of rationality can lead an agent to end up torturing himself or herself in a completely foreseeable way, and that this shows that standard theories of rationality need to be revised. We show where Quinn's argument goes wrong, and (...) apply this to the moral puzzles. (shrink)

Dreadful and dreaded outcomes are sometimes brought about via the accumulation of individually trivial effects. Think about inching toward terrible health or toward an environmental disaster. In some such cases, the outcome is seen as unacceptable but is still gradually realized via an extended sequence of moves each of which is trivial in terms of its impact on the health or environment of those involved. Cases of this sort are not only practically challenging, they are theoretically challenging as well. For, (...) they raise puzzling complications concerning the assessment of conduct. In particular, given cases of this sort, we seem forced to conclude that, sometimes, each current doing in an extended sequence of moves can be correctly assessed as permissible (relative to a certain set of concerns) even though the sequence foreseeably leads to an outcome that is unacceptable (relative to that same set of concerns) and even though acceptable outcomes are available. And this seems paradoxical. I argue that this (apparent) puzzle glosses over complications associated with action individuation and units of agency. Reflection on these complications makes it clear that in cases of the sort that have given rise to the puzzle, there is an accurate way of seeing what is being done at various particular moments that clearly brings out the tight connection between a current doing and non-trivial damage that is to be expected (and is indeed bound to occur if the doing is completed without a hitch). (shrink)

There is a debate in normative ethics about whether or not our moral obligations depend solely on either our evidence concerning, or our beliefs about, the world. Subjectivists maintain that they do and objectivists maintain that they do not. I shall offer some arguments in support of objectivism and respond to the strongest argument for subjectivism. I shall also briefly consider the significance of my discussion to the debate over whether one’s future voluntary actions are relevant to one’s current moral (...) obligations. (shrink)