In the opening chapter of What We Owe To Each Other, Tim Scanlon produces a sustained critique of a Humean conception of practical reason. Scanlon claims he will argue that unless having a desire just is to see something as a reason, desires play no role in the explanation or justification of action. Yet his specific arguments against Humeanism all employ a very austere understanding of desire , and attempt to show that desires so understood are not up to any (...) explanatory or justificatory task. Since the standard model represents only one understanding of desire his specific arguments cannot establish his stated general thesis. I show how a more robust conception of desire will leave the Humean account safe from Scanlon’s specific arguments. (shrink)

The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, alogic—according to which the decisions of earlier courts in particular cases somehow generalize to constrain the decisions of later courts facing different cases, while still allowing these later courts a degree of freedom in responding to fresh circumstances. Although the techniques for arguing on the basis of precedent are taught early on in law schools, mastered with relative ease, and (...) applied on a daily basis by legal practitioners, it has proved to be considerably more difficult to arrive at a theoretical understanding of the doctrine itself—a clear articulation of the underlying logic. (shrink)

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...) required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

The result model of precedent holds that a legal precedent controls a fortiori cases—those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself. This paper defends the result model against some objections by Larry Alexander, drawing on ideas from the field of Artificial Intelligence and Law in order to define an appropriate strength ordering for cases.

Philosophical orthodoxy identifies weakness of will with akrasia: the weak willed person is someone who intentionally acts against their better judgement. It is argued that this is a mistake. Weakness of will consists in a quite different failing, namely an over-ready revision of one's intentions. Building on the work of Bratman, an account of such over-ready revision is given. A number of examples are then adduced showing how weakness of will, so understood, differs from akrasia.

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)

According to Haidt's (2001) social intuitionist model (SIM), an individual's moral judgment normally arises from automatic 'moral intuitions'. Private moral reasoning - when it occurs - is biased and post hoc, serving to justify the moral judgment determined by the individual's intuitions. It is argued here, however, that moral reasoning is not inevitably subserviant to moral intuitions in the formation of moral judgments. Social cognitive research shows that moral reasoning may sometimes disrupt the automatic process of judgment formation described by (...) the SIM. Furthermore, it seems that automatic judgments may reflect the 'automatization' of judgment goals based on prior moral reasoning. In line with this role for private moral reasoning in judgment formation, it is argued that moral reasoning can, under the right circumstances, be sufficiently unbiased to effectively challenge an individual's moral beliefs. Thus the social cognitive literature indicates a greater and more direct role for private moral reasoning than the SIM allows. (shrink)