This is an attempt to understand the ethics of leonard nelson as dealing with some of the same problems arising from kant's moral philosophy as have concerned the rule utilitarians in anglo-American philosophy. In particular, They share the attempt to provide a rationale for specific duties in terms of ends to be achieved, And they try to correct what they see as excessive rigidity and formalism in the kantian imperatives.

What are the appropriate criteria for assessing a theory of morality? In this enlightening work, Brad Hooker begins by answering this question. He then argues for a rule-consequentialist theory which, in part, asserts that acts should be assessed morally in terms of impartially justified rules. In the end, he considers the implications of rule-consequentialism for several current controversies in practical ethics, making this clearly written, engaging book the best overall statement of this approach to ethics.

What are appropriate criteria for assessing a theory of morality? In Ideal Code, Real World, Brad Hooker begins by answering this question, and then argues for a rule-consequentialist theory. According to rule-consequentialism, acts should be assessed morally in terms of impartially justified rules, and rules are impartially justified if and only if the expected overall value of their general internalization is at least as great as for any alternative rules. In the course of developing his rule-consequentialism, (...) Hooker discusses impartiality, well-being, fairness, equality, the question of how the 'general internalization' of rules is to be interpreted by rule-consequentialism, and the main objections to rule-consequentialism. He also discusses the social contract theory of morality, act-consequentialism, and the question of which moral prohibitions and which duties to help others rule-consequentialism endorses. The last part of the book considers the implications of rule-consequentialism for some current controversies in practical ethics. (shrink)

This paper employs some outcomes (for the most part due to David Lewis) of the contemporary debate on the metaphysics of dispositions to evaluate those dispositional analyses of meaning that make use of the concept of a disposition in ideal conditions. The first section of the paper explains why one may find appealing the notion of an ideal-condition dispositional analysis of meaning and argues that Saul Kripke’s well-known argument against such analyses is wanting. The second section focuses on (...) Lewis’ work in the metaphysics of dispositions in order to call attention to some intuitions about the nature of dispositions that we all seem to share. In particular, I stress the role of what I call "Actuality Constraint". The third section of the paper maintains that the Actuality Constraint can be used to show that the dispositions with which ideal-condition dispositional analyses identify my meaning addition by "+" do not exist (in so doing, I develop a suggestion put forward by Paul Boghossian). This immediately implies that ideal-condition dispositional analyses of meaning cannot work. The last section discusses a possible objection to my argument. The point of the objection is that the argument depends on an illicit assumption. I show (1) that, in fact, the assumption in question is far from illicit and (2) that even without this assumption it is possible to argue that the dispositions with which ideal-condition dispositional analyses identify my meaning addition by "+" do not exist. (shrink)

Moral rules provide the baseline for ethics, proscribing unacceptable behavior; moral ideals inspire us to act in ways that improve the human condition. Whatever the moral ideals for pure research, science has a practical side so it is important to find a moral ideal to give guidance to more applied research. This article presents a moral ideal for use-inspired research based on Norman Care’s idea of shared-fate individualism This ideal reflects the observation that all human lives, (...) both present and future are tightly coupled and, as a result, research projects should be chosen, where possible, with the goal of service to others. Together with the ideals of the habit of truth and the gift economy, shared-fate individualism provides the basis for a humane ethics of science. (shrink)

This chapter contains sections titled: References.

Book Information Ideal Code, Real World: A Rule-Consequentialist Theory of Morality. By Brad Hooker. Oxford University Press. Oxford. 2000. Pp. xiii + 213. Hardback, 25.

. The author aims at defining the borderlines of the concept “rule of law.” This has been often inflated to encompass several dimensions of an ideal legal order. The author on the contrary believes that the “rule of law” ought to be a “thin” ideal. As a matter of fact, when the “rule of law” signifies almost any dimension of an ideal legal order, it comes to stand for nothing essential in particular. Deflation is then advocated for (...) the rehabilitation of the normative content of the “rule of law.” This means that the “rule of law” should be defined as a concept covering only some well delimited dimensions of an ideal legal order. (shrink)

The author aims at defining the borderlines of the concept “rule of law.” This has been often inflated to encompass several dimensions of an ideal legal order. The author on the contrary believes that the “rule of law” ought to be a “thin” ideal. As a matter of fact, when the “rule of law” signifies almost any dimension of an ideal legal order, it comes to stand for nothing essential in particular. Deflation is then advocated for the (...) rehabilitation of the normative content of the “rule of law.” This means that the “rule of law” should be defined as a concept covering only some well delimited dimensions of an ideal legal order. (shrink)

A collection of essays by prestigious authors discussing the work of Bernard Gert, Stone Professor of Intellectual and Moral Philosophy at Dartmouth College.

The distinction between moral rules and moral ideals is presented and explained in various ways. The authors propose that people in business are required to obey the moral rules and have a choice with respect to ideals. Thus, they are not in a different position from that of anyone else in society.Four case studies are presented and discussed. The analytical approaches used by the authors' students are summarized and evaluated. The moral rules/ideals paradigm is described as helping (...) discussants of the cases to establish congruence between business ethics and their personal set of values. Other values of the classroom discussion of ethics cases are considered. (shrink)

An ideal rule-Utilitarian theory is presented which incorporates some of the advantages of those based on accepted rules. The theory attempts to maximize welfare for a society of imperfect men. First an ideal moral code is explicated. Second a principle of a practical moral code is explicated which in effect prohibits violating rules of an ideal moral code except when general conformity to an ideal rule would have bad consequences.

Ideal rule utilitarianism says that a moral code C is correct if its acceptance maximizes utility; and that right action is compliance with C. But what if we cannot accept C? Rawls and L. Whitt suggest that C is correct if accepting C maximizes among codes we can accept; and that right action is compliance with C. But what if merely reinforcing a code we can't accept would maximize? G. Trianosky suggests that C is correct if reinforcing it maximizes; (...) and that right action is action that has the effect of reinforcing compliance with C. I object to this and argue that C is correct if both accepting and reinforcing C would maximize and if C is reinforcible; and that right action consists in coming as close as possible to perfect acceptance of and compliance with C. (shrink)

The popularity of rule-consequentialism among philosophers has waxed and waned. Waned, mostly; at least lately. The idea that the morality that ought to claim allegiance is the ideal code of rules whose acceptance by everybody would bring about best consequences became the object of careful analysis about half a century ago, in the writings of J. J. C. Smart, John Rawls, David Lyons, Richard Brandt, Richard Hare, and others.1 They considered utilitarian versions of rule consequentialism but discovered flaws (...) in the view that attach to the wider consequentialist doctrine. In the eyes of many, the flaws were decisive. Brad Hooker has produced brilliant work that unsettles this complacent consensus.2 Over a period of several years he has produced a sustained and powerful defense of a version of rule consequentialism that does not obviously succumb to the criticisms that have been thought to render this doctrine a nonstarter. He acknowledges intellectual debts to Richard Brandt. But Hooker avoid certain excrescences in Brandt’s efforts to conceive of morality as an ideal code of rules. Most notably, Hooker eschews Brandt’s misguided attempt to derive some version of rule utilitarianism from an underlying commitment to some form of contractualism. Moreover, Hooker has worked to articulate a version of rule consequentialism in sufficient detail that one can see how the different parts of the doctrine hang together and how the best version of the.. (shrink)

In a possible world framework, an agent can be said to know a proposition just in case the proposition is true at all worlds that are epistemically possible for the agent. Roughly, a world is epistemically possible for an agent just in case the world is not ruled out by anything the agent knows. If a proposition is true at some epistemically possible world for an agent, the proposition is epistemically possible for the agent. If a proposition is true at (...) all epistemically possible worlds for an agent, the proposition is epistemically necessary for the agent, and as such, the agent knows the proposition. -/- This framework presupposes an underlying space of worlds that we can call epistemic space. Traditionally, worlds in epistemic space are identified with possible worlds, where possible worlds are the kinds of entities that at least verify all logical truths. If so, given that epistemic space consists solely of possible worlds, it follows that any world that may remain epistemically possible for an agent verifies all logical truths. As a result, all logical truths are epistemically necessary for any agent, and the corresponding framework only allows us to model logically omniscient agents. This is a well-known consequence of the standard possible world framework, and it is generally taken to imply that the framework cannot be used to model non-ideal agents that fall short of logical omniscience. -/- A familiar attempt to model non-ideal agents within a broadly world involving framework centers around the use of impossible worlds where the truths of logic can be false. As we shall see, if we admit impossible worlds where “anything goes” in epistemic space, it is easy to avoid logical omniscience. If any logical falsehood is true at some impossible world, then any logical falsehood may remain epistemically possible for some agent. As a result, we can use an impossible world involving framework to model extremely non-ideal agents that do not know any logical truths. -/- A much harder, and considerably less investigated challenge is to ensure that the resulting epistemic space can also be used to model moderately ideal agents that are not logically omniscient but nevertheless logically competent. Intuitively, while such agents may fail to rule out impossible worlds that verify complex logical falsehoods, they are nevertheless able to rule out impossible worlds that verify obvious logical falsehoods. To model such agents, we need a construction of a non-trivial epistemic space that partly consists of impossible worlds where not "anything goes". This involves imposing substantive constraints on impossible worlds to eliminate from epistemic space, say, trivially impossible worlds that verify obvious logical falsehoods. -/- The central aim of this dissertation is to investigate the nature of such non-trivially impossible worlds and the corresponding epistemic spaces. To flag my conclusions, I argue that successful constructions of epistemic spaces that can safely navigate between the Charybdis of logical omniscience and the Scylla of of “anything goes” are hard, if not impossible to find. (shrink)

Rule-Consequentialism faces “the problem of partial acceptance”: How should the ideal code be selected given the possibility that its rules may not be universally accepted? A new contender, “Calculated Rates” Rule-Consequentialism claims to solve this problem. However, I argue that Calculated Rates merely relocates the partial acceptance question. Nevertheless, there is a significant lesson from this failure of Calculated Rates. Rule-Consequentialism’s problem of partial acceptance is more helpfully understood as an instance of the broader problem of selecting the (...) ideal code given various assumptions—assumptions about who will accept and comply with the rules, but also about how the rules will be taught and enforced, and how similar the future will be. Previous rich discussions about partial acceptance provide a taxonomy and groundwork for formulating the best version of Rule-Consequentialism. (shrink)

Rule consequentialism (RC) is the view that it is right for A to do F in C if and only if A's doing F in C is in accordance with the the set of rules which, if accepted by all, would have consequences which are better than any alternative set of rules (i.e., the ideal code). I defend RC from two related objections. The first objection claims that RC requires obedience to the ideal code even if (...) doing so has disastrous results. Though some rule consequentialists embrace a disaster-clause which permits agents to disregard some of the rules in the ideal code as a necessary means of avoiding disasters, they have not adequately explained how this clause works. I offer such an explanation and show how it fits naturally with the rest of RC. The second disaster objection asserts that even if RC can legitimately invoke a disaster-clause, it lacks principled grounds from distinguishing disasters from non-disasters. In response, I explore Hooker's suggestion that “disaster” is vague. I contend that every plausible ethical theory must invoke something similar to a disaster clause. So if “disaster” is vague, then every plausible ethical theory faces a difficulty with it. As a result, this vagueness is not a reason to prefer other theories to RC. However, I argue, contra Hooker, that the sense of “disaster” relevant to RC is not vague, and RC does indeed have principled grounds to distinguish disasters from nondisasters. (shrink)

Analytical commentary -- Fruits upon one tree -- The continuation of the early draft into philosophy of mathematics -- Hidden isomorphism -- A common methodology -- The flatness of philosophical grammar -- Following a rule 185-242 -- Introduction to the exegesis -- Rules and grammar -- The tractatus and rules of logical syntax -- From logical syntax to philosophical grammar -- Rules and rule-formulations -- Philosophy and grammar -- The scope of grammar -- Some morals -- Exegesis (...) 185-8 -- Accord with a rule -- Initial compass bearings -- Accord and the harmony between language and reality -- Rules of inference and logical machinery -- Formulations and explanations of rules by examples -- Interpretations, fitting and grammar -- Further misunderstandings -- Exegesis 189-202 -- Following rules, mastery of techniques and practices -- Following a rule -- Practices and techniques -- Doing the right thing and doing the same thing -- Privacy and the community view -- On not digging below bedrock -- Private linguists and private linguists : Robinson Crusoe sails again -- Is a language necessarily shared with a community of speakers? -- Innate knowledge of a language -- Robinson Crusoe sails again -- Solitary cavemen and monolinguists -- Private languages and private languages -- Exegesis 203-37 -- Agreement in definitions, judgements, and form of life -- The scaffolding of facts -- The role of our nature -- Forms of life -- Agreement : consensus of human beings and their actions -- Exegesis 238-42 -- Grammar and necessity -- Setting the stage -- Leitmotifs -- External guidelines -- Necessary propositions and norms of representation -- Concerning the truth and falsehood of necessary propositions -- What necessary truths are about illusions of correspondence : ideal objects, kinds of reality, and ultra-physics -- The psychology of the A priori -- Knowledge -- Belief -- Certainty -- Surprise -- Discoveries and conjectures -- Compulsion -- Propositions of logic and laws of thought -- Alternative forms of representation -- The arbitrariness of grammar -- A kinship to the non-arbitrary -- Proof in mathematics -- Conventionalism. (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)

ABSTRACT“Ideals” are often invoked in contemporary theological discussion of moral norms, especially but not exclusively regarding norms of marriage/sex ethics. Seemingly absent from the discussion, however, is focused critical analysis of the distinction between ideal and mandatory normativity. Attempting to address this oversight, the following paper begins by highlighting a serious inconsistency between recent Catholic magisterial documents. It is proposed that the inconsistency is largely due to understanding the respective norms—relating to marriage and euthanasia—in divergent ways: per the very (...) different orders of ideal and mandatory normativity. After a philosophical clarification of the distinguishing features of ideal and mandatory normativity, one particularly indebted to the work of Joseph Raz, the paper illustrates how divergence between them operates to create the aforementioned magisterial inconsistency. This inconsistency is paralleled by neglect of—and consequent incoherence around—the ideal-mandatory norm distinction within wider moral theology. The last section considers how the distinction bears upon and helps illuminate the relationship between principles, rules, and rules' exceptions. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do (...) with "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

The notion of rule utilitarianism (a twentieth-century addition to the canon of utilitarian thought) has been discussed under two main headings—ideal-rule utilitarianism and 'indirect' utilitarianism. The distinction between them is often hazy. But we can sketch out each perspective along three different dimensions, contrasting the two conceptions of rule utilitarianism at each of three main hinge points: (1) the grounding of rules, (2) the allowed complexity of rules, (3) the conflict of rules. These two profiles constitute (...) ideal types, but they help us see that we can regiment and focus utilitarian intuitions in two quite distinct ways. An interesting test case is provided by J.S. Mill. He has been associated with each of these perspectives (with a utilitarianism of ideal rules by R.B. Brandt and with indirect utilitarianism by John Gray), but careful attention to Mill's main arguments indicates, I believe, that he adheres to neither consistently, though he is closer to the indirect utilitarian position. (shrink)

Relativism is often motivated in terms of certain types of disagreement. In this paper, we survey the philosophical debates over two such types: faultless disagreement in the case of gustatory conflict, and fundamental disagreement in the case of epistemic conflict. Each of the two discussions makes use of a implicit conception of judgement: brute judgement in the case of faultless disagreement, and rule-governed judgement in the case of fundamental disagreement. We show that the prevalent accounts work with unreasonably high levels (...) of idealization. We defend two claims. First, philosophical discussions of disagreement need to be de-idealized. Second, once a less idealized account of disagreement is available, both our conception of judgement and our understanding of relativism need to be revised. Our example is a case study in the Sociology of Scientific Knowledge: Steven Shapin and Simon Schaffer’s classic Leviathan and the Air-Pump. This case study gives a less idealized account of disagreement that conceptualizes judgements as situated. We argue that this conception can and should be applied to cases of gustatory and epistemic disagreement. The payoff will be a reformulation of relativism in terms of rationally resolvable yet contingent disagreements. (shrink)

In a democracy, citizens should have some control over how they are governed. If they do not participate directly in making policy, they ought to maintain control over the public officials who design policy on their behalf. Rule by Multiple Majorities develops a novel theory of popular control: an account of what it is, why democracy's promise of popular control is compatible with what we know about actual democracies, and why it matters. While social choice theory suggests there is no (...) such thing as a 'popular will' in societies with at least minimal diversity of opinion, the author argues that multiple, overlapping majorities can nonetheless have control, at the same time. After resolving this conceptual puzzle, the author explains why popular control is a realistic and compelling ideal for democracies, notwithstanding voters' low levels of information and other shortcomings. (shrink)

Scientific models typically contain idealizations, or assumptions that are known not to be true. Philosophers have long questioned the nature of idealizations: Are they heuristic tools that will be abandoned? Or rather fictional representations of reality? And how can we reconcile them with realism about knowledge of nature? Immanuel Kant developed an account of scientific investigation that can inspire a new approach to the contemporary debate. Kant argued that scientific investigation is possible only if guided by ideal assumptions—what he (...) calls “regulative ideas”. These ideas are not true of objects of nature, and yet they are not heuristic tools or fictional represen- tations. They are necessary rules governing the construction and assessment of scientific explanations. In this paper, I suggest that some idealizations can be interpreted as having necessary regulative value and as being compatible with scientific realism. I first analyze the puzzle of the nature of idealization and present the main approaches to this topic in the literature. Second, I reconsider the puzzle vis-a-vis a restricted, Kantian definition of idealization and a novel characterization of the relation between idealization and truth. Finally, I discuss in detail an example of idealization (the Hardy-Weinberg equilibrium) along the suggested Kantian lines. (shrink)

The negative zombie argument concludes that physicalism is false from the premises that p ∧¬q is ideally negatively conceivable and that what is ideally negatively conceivable is possible, where p is the conjunction of the fundamental physical truths and laws and q is a phenomenal truth (Chalmers 2002; 2010). A sentence φ is ideally negatively conceivable iff φ is not ruled out a priori on ideal rational reflection. In this paper, I argue that the negative zombie argument is neither (...) a priori nor conclusive. First, I argue that the premises of the argument are true only if there exists an adequate finite ideal reasoner R that believes ◊(p ∧ ¬q) on the basis of not believing p→q on a priori basis. Roughly, a finite reasoner is a reasoner with cognitive limitations (e.g. finite memory). I argue that R is finite only if R reasons nonmonotonically and only approach ideal reflection at the limit of a reasoning sequence. This would render the argument nonconclusive. Finally, I argue that, for some q, R does not believe ◊(p ∧ ¬q) on the basis of not believing p→q on a priori basis (e.g. for q =‘something is conscious’). This would render the choice of an adequate q dependent on empirical information (and the argument a posteriori). I conclude that the negative zombie argument (and, maybe, all zombie arguments) is neither a priori nor conclusive. (shrink)

The purpose of this paper is to show how some of the controversial questions concerning utilitarianism can be clarified by the modelling techniques and the other analytical tools of decision theory (and, sometimes, of game theory). It is suggested that the moral rules of utilitarian ethics have a logical status similar to that of the normative rules (theorems) of such formal normative disciplines as decision theory and game theory.The paper argues that social utility should be defined, not in (...) hedonistic or in ideal-utilitarian terms, but rather in terms of individual preferences, in accordance with the author's equiprobability model of moral value judgments. (shrink)

The idea of the rule of law is central in the European Union’s conception of itself, and stands as one of the most important political criteria of the enlargement process. Some clarification of this core concept is essential if it is to play a meaningful role in enlargement and, indeed, if we are able to make a judgement about whether the criterion is substantive or merely rhetorical. In other words, what purpose must the rule of law serve within a state, (...) beyond the rather trite beliefs that the law rather than individuals rule, and that no one is above the law, if a state is to be admitted to the European Union of states? I want to suggest that its principal purpose has been to guard against arbitrary rule, and if the rule of law is to be a substantive criterion for expansion of the European Union it must be cognizant of what the criterion entails, and face up to the implications for admitting states with cultures where the rule of law has not featured significantly in their political and social landscapes. The article looks at one of the most sophisticated attempts to delineate the ideal character of the rule of law in recent philosophy, namely that of Michael Oakeshott, to clarify the meaning that it has in its use in modern European history and in relation to the modern European state. (shrink)

This article analyses a hitherto neglected problem at the transition from ideal to non‐ideal theory: the problem of knowledge. Ideal theories often make idealising assumptions about the availability of knowledge, for example knowledge of social scientific facts. This can lead to problems when this knowledge turns out not to be available at the non‐ideal level. Knowledge can be unavailable in a number of ways: in principle, for practical reasons, or because there are normative reasons not to (...) use it. This can make it necessary to revise ideal theories, because the principle of ‘ought implies can’ rules out certain theories, at least insofar as they are understood as action‐guiding. I discuss a number of examples and argue that there are two tendencies that will increase the relevance of this problem in the future: the availability of large amounts of sensitive data whose use is problematic from a normative point of view, and the increasing complexity of an interrelated world that makes it harder to predict the effects of institutional changes. To address these issues, philosophers need to cooperate with social scientists and philosophers of the social sciences. Normative theorising can then be understood as one step in a long process that includes thinkers from different disciplines. Ideal theory can respond to many of the charges raised against it if it is understood along these lines and if it takes the problem of knowledge and its implications seriously. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

Rule consequentialism is usually taken to recommend a single ideal code for all moral agents. Here I argue that, depending on their theoretical mo- tivations, some rule consequentialists have good reasons to be relativists. Rule consequentialists who are moved by consequentialist considerations ought to support a scheme of multiple relativized moral codes because we could expect such a scheme to have better consequences in terms of impartial aggregate well- being than a single universal code. Rule consequentialists who nd compelling (...) the theory’s coherence with our considered moral intuitions should do the same because a scheme of multiple codes could better cohere with our intuitions about costless bene ts, though these intuitions must be weighed against our allegiance to moral universalism. (shrink)

‘Game’ means ‘play within the construction of rules’. The sub-category ‘sport’ considers play as competition where the rules are known to the audience, under the following divide: fundamental constructive rules about the game's structure and less important or flexible rules facilitating and monitoring play. These provide athletes and audience with stable knowledge. The excitement of play comes from the vagaries of the actual engagement of the rules in the action of play. The social order can (...) use this as a metaphor of its ideal of civil law in relation to the citizen. (shrink)

Needed for such dialogue games as dialectic are appropriate standards of fairness and rationality. The rules of procedure of dialectic must describe a game playable by actual human participants. The present paper centers on certain idealizations of the dialectician that are not allowable.

The author distinguishes between rule utilitarianism, Ideal-Rule utilitarianism and cumulative-Effect utilitarianism. He gives six reasons for rejecting the former two theories, And argues that cumulative-Effect utilitarianism escapes these difficulties. In particular, It does not reduce to rule utilitarianism. The author explains the connection between cumulative-Effect utilitarianism and justice, Elucidates its account of what makes a characteristic a morally relevant one, And explains why rules are likely to produce a crucial situation to which cumulative-Effect utilitarianism applies. He argues that (...) ordinary utilitarianism would be dangerous if acted upon by everybody. (shrink)

As an indirect ethical theory, rule consequentialism first evaluates moral codes in terms of how good the consequences of their general adoption are and then individual actions in terms of whether or not the optimific code authorises them. There are three well-known and powerful objections to rule consequentialism’s indirect structure: the ideal world objection, the rule worship objection, and the incoherence objection. These objections are all based on cases in which following the optimific code has suboptimal consequences in the (...) real world. After outlining the traditional objections and the cases used to support them, this paper first constructs a new hybrid version of consequentialism that combines elements of both act and rule consequentialism. It then argues that this novel view has sufficient resources for responding to the previous traditional objections to pure rule consequentialism. (shrink)

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...) the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (shrink)

The article discusses the relation between political office and the rule of law in Plato’s dialogue Statesman. Taking its starting-point from an observation about the Statesman’s peculiar approach to constitutional analysis, the article argues that what Plato is concerned to show is how the reconceptualisation of the role of law in government proposed in that dialogue has important implications for what we take the role of the institution of office-holding to be. While Greek political tradition held the main aim of (...) archē to be the formal circumscription and control of official power within a constitutional order, Plato insists that it should primarily be understood as ensuring that the exercise of political power approximates, by means of law, the ideal rule by a political expert. The article ends by pointing out how this reading complements another recent discussion of office-holding in the Statesman. (shrink)

Recent formulations of rule-consequentialism have attempted to select the ideal moral code based on realistic assumptions of imperfect acceptance. But this introduces further problems. What assumptions about acceptance would be realistic? And what criterion should we use to identify the ideal code? The solutions suggested in the recent literature all calculate a code's value using formulas that stipulate some uniform rate of acceptance. After pointing out a number of difficulties with these approaches, I introduce a formulation of RC (...) on which non-uniform acceptance rates are calculated rather than stipulated. In addition to making more realistic assumptions about acceptance rates, Calculated Rates RC has several other advantages: it gives equal consideration to both acceptance and compliance rates and it brings RC more in line with our intuitive ways of thinking about rules and their consequences. (shrink)

Recently two distinct forms of rule-utilitarianism have been introduced that differ on how to measure the consequences of rules. Brad Hooker advocates fixed-rate rule-utilitarianism, while Michael Ridge advocates variable-rate rule-utilitarianism. I argue that both of these are inferior to a new proposal, optimum-rate rule-utilitarianism. According to optimum-rate rule-utilitarianism, an ideal code is the code whose optimum acceptance level is no lower than that of any alternative code. I then argue that all three forms of rule-utilitarianism fall prey to (...) two fatal problems that leave us without any viable form of rule-utilitarianism. (shrink)

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the (...) role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating. (shrink)