David Enoch develops, argues for, and defends a strongly realist and objectivist view of ethics and normativity more broadly. This view--according to which there are perfectly objective, universal, moral and other normative truths that are not in any way reducible to other, natural truths--is familiar, but this book is the first in-detail development of the positive motivations for the view into reasonably precise arguments. And when the book turns to defend Robust Realism against traditional objections, it mobilizes the original (...) positive arguments for the view to help with fending off the objections. (shrink)

In responding to Prof. Allen's paper, I make several general methodological points: about the use of hypothetical cases, about the point of theorizing, and about the role of idealization. Then I make some more specific points about his claims about (and against) previous work on statistical evidence.

Suppose someone is brought up as an orthodox Jew, and so only eats kosher, is very conservative sexually, etc. Suppose they then find out that this Judaism stuff is just all a big mistake. If they then regret all the shrimp they could have eaten, all the sex!, this makes perfect sense. Not so, however, if someone finds out that moral realism is false, and they now regret all the fun they could have had hurting people’s feeling, etc. Even if (...) this does make sense, there’s a strong disanalogy between the moral and the religious case. This asymmetry, on a realist picture of morality, calls for explanation. This chapter tries to explain it. The discussion engages some topics familiar from objections to Robust realism—the why-be-moral challenge, the status of de-dicto moral motivation, and whether and why we should care about the moral properties, robustly realistically understood. (shrink)

For many years, moral philosophers have been debating the conceptual and moral status of the distinction between intending harm and foreseeing harm. In this paper, after surveying some of the objections to the moral significance of this distinction in general, I focus on the special case of state action, arguing that whatever reasons we have to be suspicious about the distinction's moral significance in general, we have very good reasons to believe it lacks intrinsic moral significance when applied to state (...) action. After arguing for this claim, I pursue in a preliminary way some of its implications. (shrink)

Does it count against a normative theory in political philosophy that it is in some important sense infeasible, that its prescriptions are unlikely to be complied with? Though a positive answer seems plausible, it has proved hard to defend against the claim that this is not how normative theories work - noncompliance shows a problem with the noncomplying agents, not with the normative theory. I think that this line of thought - this defense of Utopianism - wins the battle but (...) loses the war. It’s right about what does and what does not refute a normative theory. It’s wrong in misidentifying the problem. The right way to think about the feasibility worry is as essentially involving multiple agents, and how expected noncompliance by one agent may refute a normative claim addressed at another. Thus understood, feasibility problems may very well refute a theory in political philosophy. In this paper I develop this understanding of the feasibility worry, tie it to more general discussions in normative ethics, and in political philosophy. (shrink)

Hypothetical consent is puzzling. On the one hand, it seems to make a moral difference across a wide range of cases. On the other hand, there seem to be principled reasons to think that it cannot. In this article I put forward reasonably precise formulations of these general suspicions regarding hypothetical consent; I draw several distinctions regarding the ways in which hypothetical consent may make a moral difference; I distinguish between two autonomy-related concerns, nonalienation and sovereignty; and, utilizing these distinctions, (...) I show that—and in a preliminary way, when—the objections to the moral significance of hypothetical consent fail. (shrink)

Journal of Political Philosophy, Volume 30, Issue 2, Page 143-165, June 2022.

The starting point regarding consent has to be that it is both extremely important, and that it is often suspicious. In this article, the author tries to make sense of both of these claims, from a largely liberal perspective, tying consent, predictably, to the value of autonomy and distinguishing between autonomy as sovereignty and autonomy as nonalienation. The author then discusses adaptive preferences, claiming that they suffer from a rationality flaw but that it's not clear that this flaw matters morally (...) or politically. What matters is whether they suffer from an autonomy flaw. To answer this question, the author develops an account of autonomy failure, according to which a preference is nonautonomous if an injustice played an appropriate role in its causal history. The author then discusses the moral implications—and in an initial way, the political ones as well—of proclaiming a preference, or consent based on it, nonautonomous in this way. (shrink)

Specific moral facts seem to be grounded in relevant natural facts, together with relevant moral principles. This picture—according to which moral principles play a role in grounding specific moral facts—is a very natural one, and it may be especially attractive to non-naturalist, robust realists. A recent challenge from Selim Berker threatens this picture, though. Moral principles themselves seem to incorporate grounding claims, and it’s not clear that this can be reconciled with according the principles a grounding role. This chapter responds (...) to Berker’s Challenge, utilizing a grounding pluralism. In particular, it argues that distinguishing between normative and metaphysical grounding is the key to saving the natural picture. It also shows how such a distinction is one that you have a reason to endorse independently of this challenge, as it does important work elsewhere in moral philosophy. (shrink)

Background: Biological products are widely used in the treatment of burns, chronic wounds, and other forms of acute injury. However, the religious and ethical issues, including consent, arising from their use have never been addressed in the medical literature.Aims: This study was aimed to ascertain the views of religious leaders about the acceptability of biological products and to evaluate awareness among healthcare professionals about their constituents.Methods: The religious groups that make up about 75% of the United Kingdom population were identified (...) and a questionnaire on 11 biological products was sent to its leaders. Another questionnaire concerning 17 products was sent to 100 healthcare professionals working in seven specialist units in the UK.Results: All religious leaders replied, some after consultation with international bodies. Among them, 77% said that patients should be informed of the constituents of the biological products and consent obtained. Some leaders expressed concerns about particular products including the transmission of viral and prion diseases, cruelty to animals, and material derived from neonates. None of the healthcare professionals surveyed knew the constituents of all the products correctly.Conclusion: Ignoring religious sensitivities and neglecting consent in the usage of biological products could have very serious implications, including litigation. Hospitals and manufacturers should take immediate measures to enlighten healthcare professionals of the constituents of these products so that they can obtain informed consent from patients. (shrink)

Slippery slope arguments (SSAs) are, so I argue, arguments from consequences which have the following peculiar characteristic: They take advantage of our being less than perfect in making—and acting according to—distinctions. But then, once SSAs are seen for what they are, they can be turned against themselves. Being less than perfect at making the second‐order distinction between distinctions we're good at abiding by and those we're bad at abiding by, we're bound to fail to make the distinction between good and (...) bad SSAs. One can therefore construct an SSA, the conclusion of which is, that we ought not to use SSAs. After characterizing SSAs and constructing the SSA against the use of SSAs, I then explore its implications. (shrink)

This paper responds to a recently popular objection to non-naturalist, robust moral realism. The objection is that moral realism is morally objectionable, because realists are committed to taking evidence about the distribution of non-natural properties to be relevant to their first-order moral commitments. I argue that such objections fail. The moral realist is indeed committed to conditionals such as “If there are no non-natural properties, then no action is wrong.” But the realist is not committed to using this conditional in (...) a modus-ponens inference upon coming to believe its antecedent. Placing the discussion in a wider epistemological discussion—here, that of “junk-knowledge”, and of how background knowledge determines the relevance of purported evidence—shows that this objection does not exert a price from the realist. (shrink)

People are often offended by beliefs, expect apologies for beliefs, apologize for their own beliefs. In many mundane cases, people are morally criticized for their beliefs. Intuitively, then, beliefs seem to sometimes wrong people. Recently, the philosophical literature has picked up on this theme, and has started to discuss it under the heading of doxastic wrongdoing. In this paper we argue that despite the strength of such initial intuitions, at the end of the day they have to be rejected. If (...) it can be ever truthfully asserted that beliefs wrong, this is always derivative – beliefs wrong only in virtue of other things (like evidence-gathering actions) wronging. We distinguish between modest and ambitious doxastic wrongdoing theories (the former deny, while the latter accept, the possibility of a morally wrong yet epistemically permissible belief); we argue that each of these options faces insurmountable problems; and we offer partly debunking explanations of the intuitions purportedly supporting doxastic wrongdoing. (shrink)

ABSTRACTIn a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety's value here, and (...) we revisit our general skepticism about the role that epistemological considerations should play in determining legal policy. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context of a (...) wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)

A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...) be normative?[2] This is presumably a problem for any theory of law, but it is especially acute for legal positivism, according to which (roughly speaking) all there is to facts about legality are such descriptive social facts. If this is so, the thought goes, the task of accommodating the law’s normativity immediately becomes both more daunting, and more urgent[3]. Unfortunately, though, it is entirely unclear what the problem of the normativity of law is supposed to be. Indeed, I suspect that there is no one problem here, as different people seem to have in mind different problems when they use this unhelpful phrase[4]. At least one family of issues people seem to have in mind when they talk about the normativity of law is a host of issues pertaining to the reason-giving force of the law. The law, it is sometimes said, gives reasons for action, and a theory of law should accommodate this obvious fact. But even when we focus just on questions regarding the reason-giving force of the law (and from now on I will restrict myself to just those, leaving other things people may have in mind when they talk about the normativity of law for another occasion), it is still not clear what the problem is. Indeed, my main purpose in this paper is to make some progress in understanding the relevant question here. And my conclusion is going to be somewhat skeptical: Once we are clear on what reason-giving in general consists in, and on what reason-giving powers the law actually has, there is not much by way of a problem here that needs to be solved, not a deep and interesting phenomenon here that theories of law need to accommodate, and that therefore places adequacy constraints on plausible theories of the nature of law.. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.

The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...) a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.

Metaethical—or, more generally, metanormative— realism faces a serious epistemological challenge. Realists owe us—very roughly speaking—an account of how it is that we can have epistemic access to the normative truths about which they are realists. This much is, it seems, uncontroversial among metaethicists, myself included. But this is as far as the agreement goes, for it is not clear—nor uncontroversial—how best to understand the challenge, what the best realist way of coping with it is, and how successful this attempt is. (...) In this paper I try, first, to present the challenge in its strongest version, and second, to show how realists—indeed, robust realists—can cope with it. The strongest version of the challenge is, I argue, that of explaining the correlation between our normative beliefs and the independent normative truths. And I suggest an evolutionary explanation as a way of solving it. (shrink)

What you ought to do is sensitive to circumstances that are not under your control, or to luck. So plain luck is often morally significant. Still, some of us think that there's no moral luck - that praiseworthiness and blameworthiness are not sensitive to luck. What explains this asymmetry between the luck-sensitivity of ought-judgments and the luck-insensitivity of blameworthiness and praiseworthiness judgments? I suggest an explanation, relying on the analogy to rational luck. I argue that some rational assessments - like (...) how well one plays the hand one's dealt - are luck-insensitive; that we have reason to believe some moral evaluations are analogous to such assessments; and that blameworthiness and praiseworthiness judgments are precisely those luck-insensitive moral evaluations. I also draw an implication regarding agent-regret. (shrink)

In this Article, I elaborate on and defend the following argument: There is no moral luck. If there is no moral luck, there should be no legal luck. Therefore, there should be no legal luck and ). If there is no normatively significant difference between the law doing and allowing, or intending and foreseeing, then there is no normatively significant difference between legal luck and just plain luck that has legal implications. There is no normatively significant difference between the law (...) doing and allowing, or intending and foreseeing. Therefore, there is no normatively significant difference between legal luck and just plain luck that has legal implications and ). Therefore, plain luck should have no legal implications and ). (shrink)

The combination of this vindication of moral deference and diagnosis of its fishiness nicely accommodates, I argue, some related phenomena, like the (neglected) fact that our uneasiness with moral deference is actually a particular instance of uneasiness with opaque evidence in general when it comes to morality, and the (familiar) fact that the scope of this uneasiness is wider than the moral as it includes other normative domains.

There is a fairly widespread—and very infl uential—hope among philosophers interested in the status of normativity that the solution to our metaethical and, more generally, metanormative problems will emerge from the philosophy of action. In this essay, I will argue that these hopes are groundless. I will focus on the metanormative hope, but—as will become clear—showing that the solution to our metanormative problems will not come from what is constitutive of action will also devastate the hope of gaining significant insight (...) into first-order, normative truths by focusing on what is constitutive of action. (shrink)

Some of the recent philosophical literature on moral luck attempts to make headway in the moral-luck debate by employing the resources of empirical psychology, in effect arguing that some of the intuitive judgments relevant to the moral-luck debate are best explained - and so presumably explained away - as the output of well-documented cognitive biases. We argue that such attempts are empirically problematic, and furthermore that even if they were not, it is still not at all clear what philosophical significance (...) they would have. (shrink)

How should you update your (degrees of) belief about a proposition when you find out that someone else — as reliable as you are in these matters — disagrees with you about its truth value? There are now several different answers to this question — the question of `peer disagreement' — in the literature, but none, I think, is plausible. Even more importantly, none of the answers in the literature places the peer-disagreement debate in its natural place among the most (...) general traditional concerns of normative epistemology. In this paper I try to do better. I start by emphasizing how we cannot and should not treat ourselves as `truthometers' — merely devices with a certain probability of tracking the truth. I argue that the truthometer view is the main motivation for the Equal Weight View in the context of peer disagreement. With this fact in mind, the discussion of peer disagreement becomes more complicated, sensitive to the justification of the relevant background degrees of belief (including the conditional ones), and to some of the most general points that arise in the context of discussions of scepticism. I argue that thus understood, peer disagreement is less special as an epistemic phenomenon than may be thought, and so that there is very little by way of positive theory that we can give about peer disagreement in general. (shrink)

This is a contribution to the symposium on Tim Scanlon’s Being Realistic about Reasons. We have two aims here: First, we ask for more details about Scanlon’s meta-metaphysical view, showing problems with salient clarifications. And second, we raise independent objections to the view – to its explanatory productivity, its distinctness, and the argumentative support it enjoys.

For a state to be legitimate is for it to be permissible for the state to issue and enforce its commands (mostly laws), and for this to be permissible “owing to the process by which they were produced” (2).1 For a state to have authority is for it to have the power to morally require or forbid actions through commands, or the power to create duties (2).2 It seems that a state’s being democratic—in somewhat like the way in which the (...) democracies we are familiar with are democratic—has something to do with its having both authority and legitimacy. But what, exactly? There is, after all, nothing obvious about the relation between democracy on the one hand and legitimacy and authority on the other. One may think that consent has something to do with it. But this would be wrong, because most of those supposedly under the authority of the state haven’t consented to anything of relevance (9). Implicit consent, if it is too implicit, so that the agent may not realize she is consenting, is no substitute for real consent, and if it is more explicit than that then, again, hardly anyone has consented to the state’s authority, not even in democracies (9). And most hypothetical consent theories fall prey to their own difficulties. So consent theory of the typical kind cannot ground political legitimacy and authority. (A very atypical kind of consent will nevertheless eventually emerge victorious.). (shrink)

In this paper, we develop an account of the justification thinkers have for employing certain basic belief-forming methods. The guiding idea is inspired by Reichenbach's work on induction. There are certain projects in which thinkers are rationally required to engage. Thinkers are epistemically justified in employing any belief-forming method such that "if it doesn't work, nothing will" for successfully engaging in such a project. We present a detailed account based on this intuitive thought and address objections to it. We conclude (...) by commenting on the implications that our account may have for other important epistemological issues and debates. (shrink)

Moral disagreement is widely held to pose a threat for metaethical realism and objectivity. In this paper I attempt to understand how it is that moral disagreement is supposed to present a problem for metaethical realism. I do this by going through several distinct (though often related) arguments from disagreement, carefully distinguishing between them, and critically evaluating their merits. My conclusions are rather skeptical: Some of the arguments I discuss fail rather clearly. Others supply with a challenge to realism, but (...) not one we have any reason to believe realism cannot address successfully. Others beg the question against the moral realist, and yet others raise serious objections to realism, but ones that—when carefully stated—can be seen not to be essentially related to moral disagreement. Arguments based on moral disagreement itself have almost no weight, I conclude, against moral realism. (shrink)

In this paper, we present an account of in virtue of what thinkers are justified in employing certain basic belief‐forming methods. The guiding idea is inspired by Reichenbach’s work on induction. There are certain projects in which thinkers are rationally required to engage. Thinkers are epistemically justified in employing a belief‐forming method that is indispensable for successfully engaging in such a project. We present a detailed account based on this intuitive thought, and address objections to it. We conclude by commenting (...) on the implications that our account may have for other important epistemological debates. (shrink)

1. The Shmagency Challenge to Constitutivism In metaethics – and indeed, meta-normativity – constitutivism is a family of views that hope to ground normativity in norms, or standards, or motives, or aims that are constitutive of action and agency. And mostly because of the influential work of Christine Korsgaard and David Velleman, constitutivism seems to be gaining grounds in the current literature. The promises of constitutivism are significant. Perhaps chief among them are the hope to provide with some kind of (...) answer to the skeptic about morality or perhaps practical reason, and the hope to secure for practical reason a kind of objectivity that is consistent with its practical, motivationally engaged nature. The former philosophical motivation for constitutivism – most clearly present in much of Korsgaard’s relevant work[1] – relies on the fact that constitutive norms seem to be less mysterious than not-clearly-constitutive norms. There arguably is nothing mysterious about, say, the norms of certain reasonably-well-defined activities, like building a house, or playing chess. And challenges by the relevant skeptic – the one asking "Why should I make sure the house I’m building can shelter people from the weather?" or "Why should I not castle when my king is checked?" – seem very rare, barely intelligible, and anyway remarkably easy to cope with. We should explain to the misguided skeptic that if he doesn’t even try to build something that can protect people from the weather, he’s not in the business of building a house at all; that if she doesn’t even try to play by the rules of chess, she’s not in the business of playing chess at all; and so on. It would be nice, the constitutivist hope seems to go, if we had something equally powerful by way of a response to the skeptic asking "Why be moral?". The other main motivation for constitutivism – most clearly present in David Velleman’s relevant work[2] – starts from a commitment to some rather strong kind of existence-internalism about reasons: An agent has a reason to?, according to such views ), only if she can come to?, or at least to be motivated to?, by sound deliberation starting from her actual motivational set. (shrink)

Several influential characterizations of paternalism or its distinctive wrongness emphasize a belief or judgement that it typically involves—namely, 10 the judgement that the paternalized is likely to act irrationally, or some such. But it's not clear what about such a belief can be morally objectionable if it has the right epistemic credentials (if it is true, say, and is best supported by the evidence). In this paper, I elaborate on this point, placing it in the context of the relevant epistemological (...) discussions. I explain how 15 evidentialism is opposed to such thoughts; I show that possible ways of rejecting evidentialism (along lines analogous to those of pragmatic encroachment) won't work; and I sketch an account of the wrongness of paternalism that doesn't depend on any flaw in the belief about others' likely behaviour. (shrink)