I come to grips with the deontological critique of constitutional proportionality that asserts that this doctrine ignores rights and slips into the utilitarian maximisation of societal interests. I...

:A good deal of contemporary moral nonconsequentialism assumes that agents have perfect knowledge about the various features and consequences of their options. This assumption is unrealistic. More often than not, moral agents can only assess with a certain degree of probability the factual circumstances that are morally relevant for their decision making. My aim in this essay is to discuss the problem of moral decisions under risk from the point of view of nonconsequentialism. Basically, I analyze how objective moral principles (...) can be transformed into subjective, decisional prescriptions, and argue that the standard nonconsequentialist approach to moral decision making, which focuses on probability thresholds, is wrong. In accordance with the fundamental postulates of nonconsequentialism, I seek to solve the problem of risk in moral choice by proposing a theory about the marginal moral value of various options. Actions can vary along various dimensions, and each of these dimensions can offer a different moral value function. Nonconsequentialist marginalism can level the playing field with consequentialism. Whereas consequentialism can simply borrow the notion of expected utility from economics, nonconsequentialism must introduce the notion of expectational obligation to formulate a general principle of moral choice under risk. I finally suggest that further empirical work is needed to delineate the shape of various moral value functions that are critical for applying the general principle of moral decision making under risk to well-known cases. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.DECISIONAL NONCONSEQUENTIALISM AND THE RISK SENSITIVITY OF OBLIGATIONVolume 32, Issue 2Horacio Spector DOI: https://doi.org/10.1017/S0265052516000121Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. DECISIONAL NONCONSEQUENTIALISM AND THE RISK SENSITIVITY OF OBLIGATIONVolume 32, Issue 2Horacio Spector DOI: https://doi.org/10.1017/S0265052516000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. DECISIONAL NONCONSEQUENTIALISM AND THE RISK SENSITIVITY OF OBLIGATIONVolume 32, Issue 2Horacio Spector DOI: https://doi.org/10.1017/S0265052516000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Contemporary political philosophers discuss the idea of freedom in terms of two distinctions: Berlin's famous distinction between negative and positive liberty, and Skinner and Pettit's divide between liberal and republican liberty. In this essay I proceed to recast the debate by showing that there are two strands in liberalism, Hobbesian and Lockean, and that the latter inherited its conception of civil liberty from republican thought. I also argue that the contemporary debate on freedom lacks a perspicuous account of the various (...) conceptions of freedom, mainly because it leaves aside the classic contrast between natural liberty and civil liberty. Once we consider both the negative/positive distinction and the natural/civil one, we can classify all conceptions of freedom within four basic irreducible categories. In light of the resulting framework I show that there are two distinct conceptions of republican liberty, natural and civil, and that the former is coupled with an ideal of individual self-control. (shrink)

Raz holds that necessarily all legal authorities, even de facto authorities, make a claim to legitimate authority. He does not say that legitimacy is a necessary property of law. This view, which I call the claim view, constitutes my focal point in this paper. Many commentators have criticized this view. I discuss and dismiss three critiques of the claim view: the verification critique (the claim view is not empirically confirmed), the legalistic critique (law claims legal authority, not moral authority), and (...) the semantic critique (legal obligations are semantically distinct from moral obligations). I submit that Raz equates the meaning of legal duties with that of moral duties and yet denies that legal statements entail moral propositions. In other words, I distinguish the semantic identity thesis from the semantic entailment thesis. Instead of a semantic interpretation of the claim view, I defend a presuppositional ascription of a general claim to moral authority to authoritative duty‐imposing and normatively committed uses of legal language by official spokesmen. I show that law’s claim to authority does not prove the truth of the sources thesis, because conceptual confusion or insincerity can affect the epistemic reliability of the propositions embodied in the claim, and because blatant immorality can altogether cancel law’s pragmatically presupposed claim to moral authority. I also argue that the claim view can only warrant two qualified versions of exclusive legal positivism, one of which is almost tautological, the other self‐contradictory. Finally, I suggest that exclusive legal positivism cannot be defended on conceptual grounds. (shrink)

This volume brings together the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field and also offers useful introductions to emerging issues in rights theory.

The article distinguishes metaphysical from practical communitarianism. Metaphysical communitarianism is alleged to involve a concealed ideological element, which leads its adherents to stereotypes when trying to capture the essence of the modern self. The claim is examined that minorities, or other ethnic and cultural groups have collective rights, either moral or legal in nature. Justifications of collective rights resorting to the value of cultural identity are said to be in need of explaining why the proper way of protecting such value (...) is through rights. It is argued that practical communitarianism’s case for collective rights needs embracing meta-normative and normative relativism, whose application to political action yields consequences at odds with widespread ethical intuitions. (shrink)

© Mind Association 2017In Causation and Free Will Carolina Sartorio offers an intricate argument for the claim ‘that actual sequences are sufficient grounds for freedom: they ground freedom, and nothing is required to ground it other than themselves, or their own grounds’. On this view, free will with respect to a choice or action is not explained in terms of the agent’s having alternative possibilities. Like Harry Frankfurt, Sartorio rejects the Principle of Alternate Possibilities : Principle of Alternate Possibilities : (...) a person does something freely only if he could have done otherwise. As is well known, Frankfurt opposes PAP on the grounds that it is vulnerable to counter-examples. One of Sartorio’s variants of these examples is as follows: Frankfurt’s case: Frank has reasons to harm Furt and makes the choice on... (shrink)

Eugenio Bulygin sostiene que la teoría de la clausura necesaria de los sistemas normativos de Joseph Raz se origina en el error de tomar a los permisos débiles o negativos como soluciones normativas. Bulygin cree que Raz omite advertir que los enunciados jurídicos son proposiciones normativas de segundo nivel y que las únicas permisiones capaces de cerrar el sistema jurídico son las permisiones fuertes o explícitas. En este trabajo sostengo que Raz se refiere a un tipo de clausura que es (...) inconcebible en el contexto de un programa reduccionista como el de Bulygin. Una vez que se visualiza que los enunciados jurídicos son proposiciones prácticas del primer nivel, parece obvio que la regla de clausura de Raz es un teorema deóntico. Eugenio Bulygin claims that Joseph Raz's theory on the necessary closure of normative systems derives from the error to take weak or negative permissions as normative solutions. Bulygin believes that Raz fails to notice that legal statements are second-level normative propositions and that the only permissions capable of closing a normative system are strong or explicit permissions. In this paper I argue that Raz focuses on one kind of closure that is inconceivable within the context of a reductionist program such as Bulygin's. Once one visualizes that legal statements are first-level practical claims, it seems obvious that Raz's closure rule is a deontic theorem. (shrink)

En este trabajo critico la interpretación moralizada de la obligación política en Hobbes que defiende Luciano Venezia. Exploro una lectura diferente que evita una dicotomía tajante entre las razones prudenciales y las razones morales y subraya en cambio la discontinuidad entre la normatividad subjetiva de la ley natural y la normatividad objetiva de la ley positiva. Sostengo que el contrato de sujeción política establece obligaciones objetivas recién cuando el soberano exige el cumplimiento de los contratos. La obligación política es entonces (...) una forma de obligación jurídica. Además, enfatizo que la comunidad moral de Hobbes solo es posible dentro del Estado. In this paper, I criticize Luciano Venezia's moralized interpretation of the Hobbesian concept of political obligation. I explore a different reading that avoids a clear-cut dichotomy between prudential and moral reasons and underscores instead the discontinuity between natural law's subjective normativity and civil law's objective normativity. I contend that the pact of political subjection establishes objective obligations only when the sovereign requires the fulfillment of contracts. Political obligation is then a form of legal obligation. In addition, I emphasize that Hobbes's moral community is only possible within the State. (shrink)

A rational moral code must satisfy the condition of completeness. This same condition applies to a set of moral rights, where it takes the form of requiring that all the rights in that set be compossible: that their respective correlatively entailed duties be jointly fulfillable. Such joint fulfillability is guaranteed only by a set of fully differentiated individual domains. And if moral rights are to play any independent role in moral reasoning - any role logically independent of the values that (...) bring persons into conflict - those domains must be determined by rules which are not derived from those values. (shrink)