According to a simple form of consequentialism, we should base decisions on our judgments about their consequences for achieving our goals. Our goals give us reason to endorse consequentialism as a standard of decision making. Alternative standards invariably lead to consequences that are less good in this sense. Yet some people knowingly follow decision rules that violate consequentialism. For example, they prefer harmful omissions to less harmful acts, they favor the status quo over alternatives they would otherwise judge to be (...) belter, they provide third-party compensation on the basis of the cause of an injury rather than the benefit from the compensation, they ignore deterrent effects in decisions about punishment, and they resist coercive reforms they judge to be beneficial. I suggest that nonconsequentialist principles arise from overgeneralizing rules that are consistent with consequentialism in a limited set of cases. Commitment to such rules is detached from their original purposes. The existence of such nonconsequentialist decision biases has implications for philosophical and experimental methodology, the relation between psychology and public policy, and education. (shrink)

: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)

Telic egalitarianism is famously threatened by the levelling down objection. In its canonical form, the objection purports to show that it is not, in itself, an improvement if inequality is reduced. In a variant that is less often discussed, the objection is that telic egalitarians are committed to believing that sometimes one ought to reduce inequality, even when doing so makes no one better off. The standard egalitarian response to this ‘all things considered’ variant of the levelling down objection is (...) to embed egalitarianism in a pluralist consequentialist moral theory. In section 1, I briefly recapitulate this familiar strategy. In section 2, I argue that this standard pluralist consequentialist response is inadequate. The inadequacy of the standard response, I argue, stems from the fact that the following are jointly inconsistent: (1) a commitment to levelling down's impermissibility; (2) standard pluralist egalitarian consequentialism; (3) inequality being of non-trivial importance; and (4) the most plausible measures of inequality's badness. In section 3, I show that egalitarians can better respond to the all-things-considered levelling down objection by embedding egalitarianism in a nonconsequentialist moral theory. (shrink)

How cautious should regulators be? A standard answer is consequentialist: regulators should be just cautious enough to maximize expected social value. This paper charts the prospects of a nonconsequentialist - and more precautionary - alternative. More specifically, it argues that a contractualism focused on ex ante consent can motivate the following regulatory criterion: regulators should permit a socially beneficial risky activity only if no one can be expected to be made worse off by it. Broadly speaking, there are two (...) strategies regulators can use to help risky activities satisfy this criterion: regulators can mandate strict safety standards that protect those who would otherwise stand to lose, and they can require that some of the benefits of the activity be redirected to them. In developing these themes, the paper aims to provide a theoretical grounding for those who oppose using risk-cost-benefit analysis as the primary regulatory standard, and in particular, for advocates of the precautionary principle. (shrink)

Stringent non-consequentialist constraints on permitting horrendous evils pose a formidable challenge to the project of theodicy by limiting the ways in which it is permissible for God to do or allow evil for the sake of bringing about a greater good. I formulate a general and potent argument against all greater-good theodicies from the existence of robust side constraints on permitting evil. Then I contend that the argument fails. I begin by distinguishing between side constraints on doing evil and side (...) constraints on allowing evil, and then I draw on the work of David Lewis and Fiona Woollard to argue that, because of the unique ways that God is related to the world, it is plausible that God can both create and sustain our universe, despite all of its evils, without violating any of these constraints. (shrink)

A companion to ‘Punishment: Consequentialism’, and also ‘Punishment: The Future’, this paper examines various nonconsequentialist attempts to justify punishment, that is, attempts that appeal to claims concerning the innate worth or intrinsic character of punishment, quite apart from any consequential good or benefit punishment may be thought to produce. The paper starts with retributive theories, and turns then to the denunciation and expressive theories, before considering combined communicative–retributive theories.

The nonconsequentialist revival in tort theory has focused almost exclusively on one issue: showing that the rules governing compensation for acts reflect corrective justice rather than welfarist norms. The literature either is silent on what makes an act wrongful in the first place or suggests criteria that seem indistinguishable from some version of cost/benefit analysis. As a result, cost/benefit analysis is currently the only game in town for determining appropriate standards of conduct for socially useful but risky acts. This (...) is no small omission, and the failure of nonconsequentialists to acknowledge it or cure it can be traced to a number of recurring problems in the nonconsequentialist tort literature. Chief among them is the tendency to conflate prohibition and compensation, and to treat imposition of risk and imposition of harm as if they were distinct forms of conduct rather than the same conduct viewed from different temporal perspectives. (shrink)

The wrongful disability problem arises whenever a disability-causing, and therefore (presumptively) wrongful, procreative act is a necessary condition for the existence of a person whose life is otherwise worth living. It is a problem because it seems to involve no harm, and therefore no wrongful treatment, vis-à-vis that person. This essay defends the nonconsequentialist, rights-based, account of the wrong-making features of wrongful disability. It distinguishes between the person-affecting restriction, roughly the idea that wrongdoing is always the wronging of some (...) person, and the harm principle, the idea that all wrongings are harmings. It argues, first, that the harm principle should be rejected, in light of offending intuitions in salient examples. Rejection of the harm principle is not only independently plausible, but also paves the way for a nonconsequentialist diagnosis of wrongful disability. This diagnosis conceives of wrongdoing as a failure to express adequate respect for the humanity or personhood inherent in the person created. The paper defends a theory of humanity-respecting rights that accommodates plausible intuitions about satisficing and fairness, without resorting to consequentialist premises that lead to well-known impossibility results and paradoxes. (shrink)

Research on environmental-decision making is usually based on utilitarian models, which imply that people's decisions are only influenced by the outcomes. This research provides evidence for values and moral positions that reflect nonconsequentialist rather than consequentialist views. In doing this, this article refers to “sacred values,” which are values that are seen as not-substitutable and nontradable. Two studies were designed to examine evidence for sacred values and their role on act versus omission choices within the environmental domain. The studies (...) revealed that sacred values were closely associated with preferences for actions, trade-off reluctance, deontological focus, and position of moral universalism. The results suggest that it is important to account for sacred values and nonconsequentialist views in environmental decision-making research. (shrink)

Barbara H. Fried presents a powerful critique of the nonconsequentialist approaches that have been dominant in recent Anglophone moral and political thought. She argues that nonconsequentialist theories have disastrous consequences in the political domain and are inadequate at dealing with conflicts of individual interests in the moral domain.

Many philosophers display relaxed scepticism about the Doctrine of Doing and Allowing and the Doctrine of Double Effect, suspecting, without great alarm, that one or both of these Doctrines is indefensible. This relaxed scepticism is misplaced. Anyone who aims to endorse a theory of right action with Nonconsequentialist implications should accept both the DDA and the DDE. First, even to state a Nonconsequentialist theory requires drawing a distinction between respecting and promoting values. This cannot be done without accepting (...) some deontological distinction. Second, if someone is going to accept any deontological distinction she should accept either the DDE or the DDA or some replacement. Finally, anyone who accepts either the DDE or the DDA should accept both doctrines or a replacement of each. Unless both Doctrines can be defended or given a defensible replacement, any Nonconsequentialist is in trouble. (shrink)

Recently, Gerhard Øverland and Alec Walen have developed novel and interesting theories of nonconsequentialism. Unlike other nonconsequentialist theories such as the Doctrine of Double Effect, each of their theories denies that an agent’s mental states are relevant for determining how stringent their moral reasons are against harming others. Instead, Øverland and Walen seek to distinguish morally between instances of harming in terms of the circumstances of the people who will be harmed, rather than in features of the agent doing (...) the harming. In this paper, we argue that these theories yield counterintuitive verdicts across a broad range of cases that other nonconsequentialist theories handle with relative ease. We also argue that Walen’s recent attempt to reformulate this type of theory so that it does not have such implications is unsuccessful. (shrink)

Frances Kamm’s Intricate Ethics1 lives up to its title. It presents the methods and contents of Kamm’s nonconsequentialist ethical theory with discussion of some alternatives, both substantive and methodological. The main focus is on the distinctions that non- consequentialist ethical theory draws between different ways of bringing about states of affairs. This is presented in Kamm’s char- acteristic style. Readers should expect highly complex, subtle arguments as Kamm draws out fine-grained distinctions from intuitive responses to cases. Those who find (...) their intuitions less than firm at such a level of detail may find Intricate Ethics frustrat- ing at times. Nonetheless, it is a highly significant work. It dis- cusses issues at the heart of nonconsequentialist ethical theory with prodigious insight and clarity of thought. Even those whose intuitions prevent them from following Kamm to her conclusions will find the discussion along the way richly rewarding. (shrink)

The independence of irrelevant alternatives is a popular and important axiom of decision theory. It states, roughly, that one’s choice from a set of options should not be influenced by the addition or removal of further, unchosen options. In recent debates, a number of authors have given putative counterexamples to it, involving intuitively rational agents who violate IIA. Generally speaking, however, these counterexamples do not tend to move IIA’s proponents. Their strategy tends to be to individuate the options that the (...) agent faces differently, so that the case no longer counts as a violation of IIA. In this paper, we examine whether this strategy succeeds. We argue that the ways of individuating options required to save IIA from the most problematic counterexamples—in particular, cases where agents violate IIA due to nonconsequentialist moral beliefs—do so only at the expense of severely compromising its central function within decision theory. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of (...) this view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

The Moral Target: Aiming at Right Conduct in War and Other Conflicts comprises essays that discuss aspects of war and other conflicts in the light of nonconsequentialist ethical theory. Topics include the relation between conditions that justify starting war and those that justify stopping it, the treatment of combatants and noncombatants in war, collaboration, justice after war and other conflicts, terrorism, resistance to communal injustice, and nuclear deterrence.

The paper analyses Rawls's teleology/deontology distinction, and his concept of priority of the right. The first part of the paper aims both 1) to clarify what is distinctive about Rawls's deontology/teleology distinction (thus sorting out some existing confusion in the literature, especially regarding the conflation of such distinction with that between consequentialism and nonconsequentialism); and 2) to cash out the rich taxonomy of moral theories that such a distinction helpfully allows us to develop. The second part of the paper examines (...) the concept of priority of the right. It argues that such a concept should not be identified with that of deontology— indeed, deontological theories do not necessarily assign priority to the right over the good. However, it contends that the concept of priority of the right is essential to explaining what specific kind of deontological theory "justice as fairness" is. Justice as fairness is a deontological theory which assigns priority to the right as a consequence of its commitment to a neutral position with respect to different accounts of what is ultimately valuable and good. (shrink)

This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...) decades in philosophy’s graveyard and some new ones (such as the fairness theory). Only in the last decade or so have new vares o “consequentialism” appeared to dilute a debate among philosophers that had become almost entirely about “retributivism”. I shall describe this trend in more detail. The description will be less an update of my 1990 survey than a rethinking of it. The conclusion I draw from this rethinking is that we need to drop the utilitarian–retributivist (and nonconsequentialist–nonconsequentialist) distinction in favor of one sorting punishment theories according to whether they rely in part on empirical considerations (externalist theories) or instead rely (almost) entirely on conceptual relations (internalist theories). (shrink)

Limited Aggregation is the view that when there are competing moral claims that demand our attention, we should sometimes satisfy the largest aggregate of claims, depending on the strength of the claims in question. In recent years, philosophers such as Patrick Tomlin and Alastair Norcross have argued that Limited Aggregation violates a number of rational choice principles such as Transitivity, Separability, and Contraction Consistency. Current versions of Limited Aggregation are what may be called Comparative Approaches because they involve assessing the (...) relative strengths of various claims. In this paper, we offer a non-comparative version of Limited Aggregation, what we call the Threshold Approach. It states that there is a non-relative threshold that separates various claims. We demonstrate that the Threshold Approach does not violate rational choice principles such as Transitivity, Separability, and Contraction Consistency, and we show that potential concerns regarding such a view are surmountable. (shrink)

: A distinctive nonconsequentialist argument for criminalisation and punishment claims that the citizens of a state that did not criminalise serious mala in se perpetrated in its jurisdiction would be complicit in their commission. However, one objection to such an argument is that such citizens cannot be complicit because they play no causal role in the commission of the offence. Against this objection, I argue that causal contribution is unnecessary, and that one way in which a secondary agent can (...) become complicit in a principal’s wrongdoing is if they allow that wrongdoing to be carried out in a domain over which they have authority, and with their permission. As a result of giving permission, the agent shares in the principal’s blameworthiness. (shrink)

Why be moral? -- Consequentialism -- Nonconsequentialism -- Reconciliation -- Morality and religion.

Most non-consequentialists “let the numbers count” when one can save either a lesser or greater number from equal or similar harm. But they are wary of doing so when one can save either a small number from grave harm or instead a very large number from minor harm. Limited aggregation is an approach that reconciles these two commitments. It is motivated by a powerful idea: our decision whom to save should respect each person who has a claim to our help, (...) including those whom we fail to save. However, it has recently been argued that it is open to decisive objections. I develop a new limitedly aggregative view:Hybrid Balance Relevant Claims. This view is well grounded in the reasons we have to be skeptical of aggregation and resolves all recent challenges by paying careful attention to the rationale for limited aggregation. (shrink)

Sometimes one can prevent harm only by contravening rights. If the harm one can prevent is great enough, compared to the stringency of the opposing rights, then one has a lesser-evil justification to contravene the rights. Non-consequentialist orthodoxy holds that, most of the time, lesser-evil justifications add to agents’ permissible options without taking any away. Helen Frowe rejects this view. She claims that, almost always, agents must act on their lesser-evil justifications. Our primary task is to refute Frowe’s flagship argument. (...) Secondarily, it is to sketch a positive case for nonconsequentialist orthodoxy. (shrink)

Suppose that you are trying to pursue a morally worthy goal, but cannot do so without incurring some moral costs. At the outset, you believed that achieving your goal was worth no more than a given moral cost. And suppose that, time having passed, you have wrought only harm and injustice, without advancing your cause. You can now reflect on whether to continue. Your goal is within reach. What's more, you believe you can achieve it by incurring—from this point forward—no (...) more cost than it warranted at the outset. If you now succeed, the total cost will exceed the upper bound marked at the beginning. But the additional cost from this point is below that upper bound. And the good you will achieve is undiminished. How do the moral costs you have already inflicted bear upon your decision now? (shrink)

A growing trend of thought has it that any plausible nonconsequentialist theory can be consequentialized, which is to say that it can be given a consequentialist representation. In this essay, I explore both whether this claim is true and what its implications are. I also explain the procedure for consequentializing a nonconsequentialist theory and give an account of the motivation for doing so.

A number of prominent nonconsequentialists support the thesis that we can wrong the dead by violating their moral claims. In contrast, this study suggests that the arguments offered by Thomson, Scanlon, Dworkin, Feinberg and others do not warrant posthumous rights because having claim-grounding interests requires an entity to have the capacity to experience significance. If dead people don't have this capacity, there is no reason to attribute claims to them. Raising doubts about prominent hypothetical examples of ‘no-effect injury’, the study (...) concludes that nonconsequentialists should consider adopting an error theory regarding posthumous claims, and suggests two alternative explanations of the relevant moral domains. (shrink)

Ex ante contractualism holds that in situations involving risk we ought to act in accordance with principles that license the action that satisfies the strongest individual claim, where those claims are a function of the expected value that a given policy gives each person ex ante. I here challenge ex ante contractualism on contractualist grounds. I argue that adopting ex ante contractualism would have far reaching implications that contractualists, or many nonconsequentialist in general, would find very hard to accept. (...) I conclude that to block these implications, contractualists should adopt an ex post approach to deal with decisions under risk. (shrink)

Suppose that a world in which we have an utterly non-consequentialist moral status is a better world than one in which we don’t have such a status. Does this give any reason to believe that we have such moral status? Suppose that a world without moral luck is worse than a world with moral luck. Does this give any reason to believe that there is moral luck? The problem is that positive answers to these questions1 seem to commit us to (...) instances of the inference ‘Wouldn’t it be nice if p, therefore, p’. Perhaps it would be nice if we had utterly nonconsequentialist dignity. How is this any reason to believe that we have such status? Perhaps it would be nice if there were moral luck. How is this any reason to believe that there is moral luck? Thus stated, such inferences look ridiculous, paradigmatic cases of wishful thinking.2 And yet they do not sound so obviously ridiculous, at least not as ridiculous as non-moral instances of the same argument schema3 (it would be nice if there were world peace, therefore, there is world peace). Can something be said in defence of such arguments, at least in morality? (shrink)

In Intricate Ethics, Kamm questions the moral importance of some non-consequentialist distinctions and then introduces and argues for the moral importance of other distinctions. The first section discusses nonconsequentialist ethical theory and the trolley problem; the second deals with the notions of moral status and rights; the third takes up the issues of responsibility and complicity and the possible moral significance of distance; and the fourth section analyzes the views of others in the non-consequentialist and consequentialist camps.

I propose and defend a novel view called “de se consequentialism,” which is noteworthy for two reasons. First, it demonstrates—contra Doug Portmore, Mark Schroeder, Campbell Brown, and Michael Smith, among others—that agent-neutral consequentialism is consistent with agent-centered constraints. Second, it clarifies the nature of agent-centered constraints, thereby meriting attention from even dedicated nonconsequentialists. Scrutiny reveals that moral theories in general, whether consequentialist or not, incorporate constraints by assessing states in a first-personal guise. Consequently, de se consequentialism enacts constraints through the (...) very same feature that nonconsequentialist theories do. (shrink)

Accuracy-first epistemology aims to show that the norms of epistemic rationality can be derived from the effective pursuit of accuracy. This paper explores the prospects within accuracy-first epistemology for vindicating “modesty”: the thesis that ideal rationality permits uncertainty about one’s own rationality. I argue that accuracy-first epistemology faces serious challenges in accommodating three forms of modesty: uncertainty about what priors are rational, uncertainty about whether one’s update policy is rational, and uncertainty about what one’s evidence is. I argue that the (...) problem stems from the representation of epistemic decision problems. The appropriate representation of decision problems, and corresponding decision rules, for (diachronic) update policies should be a generalization of decision problems and decision rules for (synchronic) coherence. I argue that extant accounts build in conflicting assumptions about which kinds of information about the believer should be used to structure epistemic decision problems. In particular, extant accounts of update build in a form of epistemic consequentialism. Related forms of epistemic consequentialism have been shown to generate problems for accuracy-first epistemology’s purported justifications of probabilism, conditionalization, and the principal principle. These results are vindicated only with nonconsequentialist epistemic decision theories. I close with suggestive examples of how, with a fully nonconsequentialist representation of epistemic decision problems, accuracy-first epistemology can allow for rational modesty. (shrink)

Whether God exists is a metaphysical question. But there is also a neglected evaluative question about God’s existence: Should we want God to exist? Very many, including many atheists and agnostics, appear to think we should. Theists claim that if God didn’t exist things would be far worse, and many atheists agree; they regret God’s inexistence. Some remarks by Thomas Nagel suggest an opposing view: that we should want God not to exist. I call this view anti-theism. I explain how (...) such view can be coherent, and why it might be correct. Anti-theism must be distinguished from the argument from evil or the denial of God’s goodness; it is a claim about the goodness of God’s existence. Anti-theists must claim that it’s a logical consequence of God’s existence that things are worse in certain respects. The problem is that God’s existence would also make things better in many ways. Given that God’s existence is likely to be impersonally better overall, anti-theists face a challenge similar to that facing nonconsequentialists. I explore two ways of meeting this challenge. (shrink)

Individuals convicted of crimes are often subject to numerous restrictions — on housing, employment, the vote, public assistance, and other goods — well after they have completed their sentences, and in some cases permanently. The question of whether — and if so, when — ex-offender restrictions are morally permissible has received surprisingly little philosophical scrutiny. This article first examines the significance of completing punishment, of paying one's debt to society, and contends that when offenders' debts are paid, they should be (...) restored to full standing as citizens. Thus all ex-offender restrictions are presumptively unjustified. Nonconsequentialist defences of these restrictions are ultimately unsuccessful in defeating the presumption against them. In a limited range of cases, consequentialist considerations — namely, of risk reduction — may be sufficient to override the presumptive case against these restrictions. The article concludes by suggesting a number of criteria for assessing whether particular restrictive measures are permissible on grounds of risk reduction. (shrink)

324 "we should impose a single legal restriction that would effectively eliminate boxing's main medical risk: a complete ban on blows to the head" against Mill's harm principle, is not possible to justify paternalism requires other paternalistic arguments 325 "the entire paternalism v. respect for autonomy debate as it applied to boxing is cast in nonconsequentialist terms" do we have any reason to suppose that boxers' decisions to enter the profession are lacking in autonomy? many fail the first hurdle: (...) "having adequate information" - unlikely to know the medical facts 326 liberal view would state we need better education, not paternalism stronger paternalism = "an autonomous decision must flow from the agent's own values, without undue pressure from other people or external circumstances." otherwise is coercive and precludes autonomous action "since boxers often come from severely disadvantaged backgrounds and may see boxing as their only means of escaping from dangerous, povery-stricken neighborhoods, their decision to become boxers may reflect their desperation, rather than an authentic desire that flows from their own considered values". (shrink)

ABSTRACTIn scholarship on intellectual property, nonconsequentialist justifications for IP rights seem to suffer from one of two flaws. To some, such justifications seem indeterminate; they seem not to offer concrete guidance about how rights should be structured in practice. To others, such justifications seem dogmatic; they seem to mandate certain conclusions without letting decision makers consider the relevant context or consequences of different proposals to regulate IP. Both impressions neglect an important dimension of reasoning about rights—practical reason. In perfectionist (...) theories of law, ‘practical reason’ describes the principles by which general justifications for rights are implemented in specific decisions in politics and ethics. This article introduces practical reason to IP scholarship, and it shows how practical reason facilitates reasoning about the design of different legal IP rights. The article illustrates with patent’s novelty requirement, copyright’s originality requirement... (shrink)

In 2011, bioethicists turned their attention to the question of whether prisoners on death row ought to be allowed to be organ donors. The discussion began with a provocative anti‐procurement article by Arthur Caplan and prompted responses from an impressive lineup of commentators. In the 10 years since, the situation for death‐row inmates seeking to donate has hardly changed: U.S. prison authorities consistently refuse to allow death‐row procurement. We believe that it is time to revisit the issue. While Caplan's commentators (...) rebutted his narrow contention that organ procurement would undermine the goals of deterrence and retribution, none of them attempted to make a positive, nonconsequentialist case for organ donation as a right of death‐row inmates. That is the task we take up in this paper. After sketching and briefly defending a theory of punishment, we show how denial of organ donation is inconsistent with punishment's basic logic. (shrink)

While much attention has been given to the use of principles in biomedical ethics and increasing attention is given to alternative theoretical approaches, relatively little attention has been devoted to the critical task of how one resolves conflicts among competing principles. After summarizing the system of principles and some problems in conceptualizing the principles, several strategies for reconciling conflicts among principles are examined including the use of single-principle theories (pure libertarianism, pure utilitarianism, and pure Hippocratism), balancing theories, conflicting appeals theories, (...) and lexical ordering. Then a mixed strategy is proposed in which consequentialist principles are balanced between themselves as are nonconsequentialist principles, after which the result of balancing the nonconsequentialist principles is lexically ranked over the result of balancing the consequentialist ones. Finally, strategies involving specifying and rule generation are discussed concluding that most current specification and rule-generating theories must involve some degree of lexical ordering of principles. (shrink)

To consequentialise a moral theory means to account for moral phenomena usually described in nonconsequentialist terms, such as rights, duties, and virtues, in a consequentialist framework. This paper seeks to show that all moral theories can be consequentialised. The paper distinguishes between different interpretations of the consequentialiser’s thesis, and emphasises the need for a cardinal ranking of acts. The paper also offers a new answer as to why consequentialising moral theories is important: This yields crucial methodological insights about how (...) to pursue ethical inquires. (shrink)

That many values can be consequentialized – incorporated into a ranking of states of affairs – is often taken to support the view that apparent alternatives to consequentialism are in fact forms of consequentialism. Such consequentializing arguments take two very different forms. The first is concerned with the relationship between morally right action and states of affairs evaluated evaluator-neutrally, the second with the relationship between what agents ought to do and outcomes evaluated evaluator-relatively. I challenge the consequentializing arguments for both (...) forms of consequentialism. The plausibility of the evaluator-neutral consequentializing of certain values, I argue, in fact establishes the implausibility of an evaluator-neutral consequentialist account of such values. The problems that beset this evaluator-neutral consequentializing argument do not beset its evaluator-relative counterpart. But I demonstrate that evaluator-relatively consequentialized theories can also readily be ‘deontologized’, located within an alternative evaluative framework that is congenial to the articulation of nonconsequentialist moral theories. Such an alternative framework can accommodate what is compelling in consequentialists’ ‘Compelling Idea,’ and what is attractive in their Explanatory Thought. This alternative, moreover, can function as a shared evaluative framework within which the merits of consequentialist and nonconsequentialist alternatives can be considered without begging the question either way. (shrink)

Recent work on consequentialism has revealed it to be more flexible than previously thought. Consequentialists have shown how their theory can accommodate certain features with which it has long been considered incompatible, such as agent-centered constraints. This flexibility is usually thought to work in consequentialism’s favor. I want to cast doubt on this assumption. I begin by putting forward the strongest statement of consequentialism’s flexibility: the claim that, whatever set of intuitions the best nonconsequentialist theory accommodates, we can construct (...) a consequentialist theory that can do the same while still retaining whatever is compelling about consequentialism. I argue that if this is true then most likely the non-consequentialist theory with which we started will turn out to have that same compelling feature. So while this extreme flexibility, if indeed consequentialism has it (a question I leave to the side), makes consequentialism more appealing, it makes non-consequentialism more appealing too. (shrink)

Richard Double argues that libertarians believe we should hold people morally responsible for their actions and we must possess libertarian free will to be morally responsible for our actions; most libertarians believe there is scant epistemic justification for the belief that any of us possess LFW; and morally conscientious persons hold people responsible for their actions only if they have epistemic justification for their guilt. Thus, he concludes most libertarians are not being morally conscientious when they hold people responsible for (...) their actions. Double considers a possible pragmatic, moral argument against his position, but in so doing he only considers a consequentialist version of the pragmatic response. I show that there is a plausible nonconsequentialist way of responding to Double’s argument, and I defend it in the article. (shrink)

People tend to contribute more—and think they have stronger obligations to contribute more—to rescuing an identified victim rather than a statistical one. Indeed, they are often disposed to contribute more to rescuing a single identified victim than a greater number of statistical ones. By an “identified victim,” I mean Terry Q., lying injured in the passenger seat of the wrecked automobile on the corner of Main Street and Broadway, or Jessica McClure, the child who fell into the Texas well in (...) 1987 and whose family was sent $700,000 in donations for her. We need not know their names, however, and we can accept a very minimal form of identification. By a “statistical victim,” I mean the person who, extrapolating from traffic records, will be in a similar, serious car accident tomorrow (and may then be identified), or the children who will fall into wells next year if we do not cap them better than we did the well that trapped Jessica. Does this disposition (or perceived obligation) have any normative force? I initially thought there could be no such normative force, but consequentialist and nonconsequentialist arguments, pro and con, have convinced me that reasonable people can disagree with each other. This disagreement poses a problem for political philosophy: how should policy choices take such disagreement into account? (shrink)