This paper presents criticisms of the method for moral and political philosophy known as ?reflective equilibrium? (RE), or in its fuller form ?wide reflective equilibrium? (WRE). This negative purpose has an ulterior positive aim: to set off, by favourable contrast, an alternative approach based on analogical argument as an instrument of an evolving (liberal) tradition. WRE derives from John Rawls but has been broadly endorsed. Though a meta?theory, it involves a certain way of construing liberalism. This essay's target is in (...) key part that construal. It seeks an approach to moral?political philosophy, and to liberalism in particular, that is at once rationally grounded and contextually oriented, and provides for explanation as well as justification. WRE fails on all counts, plus others. Section I presents WRE and suggests the alternative. Section II presents the critique of WRE, partly drawing on established criticisms and partly presenting new ones. Section III opposes the application suggested for WRE by (surprisingly) a critic of Rawls, M. Sandel. The preferability of the analogical alternative is demonstrated throughout. (shrink)

Following a discussion of some historical roots of conscience, we offer a systematized version of reflective equilibrium. Aiming at a comprehensive methodology for bioethical deliberation, we develop an expanded variant of reflective equilibrium, which we call ‘triangular reflective equilibrium’ and which incorporates insights from hermeneutics, critical theory and narrative ethics.We focus on a few distinctions, mainly between methods of justification in ethics and the social practice of bioethical deliberation, between coherence in ethical reasoning, personal integrity and consensus formation, and between (...) political and moral deliberation.The ideal of deliberation is explicated as a sharing of conscience within a special commitment to sincerity and openness to persuasion. Personal growth in wisdom is an indirect by-product of the continuous practice of moral deliberation. This is explicated in the light of Sternberg's balance theory of wisdom and in the context of medicine as a profession embodying altruistic responsibilities of care in democratic and pluralistic societies. (shrink)

In this paper, I analyze the particular conception of reciprocal justification proposed by Nelson Goodman and incorporated by John Rawls into what he called reflective equilibrium. I propose a way of avoiding the twin dangers which threaten to push this idea to either of two extremes: the reliance on epistemically privileged observation reports (or moral judgments in Rawls version), which tends to disrupt the balance struck between the two sides of the equilibrium and to re-establish a foundationalism; and the denial (...) of any privileged status to such reports (or judgments), which makes the equilibrium into a theoretical monolith. (shrink)

: Biomedical ethicists often assume that common morality constitutes a largely consistent normative system. This premise is not taken for granted in general normative ethics. This paper entertains the possibility of inconsistency within common morality and explores methodological implications. Assuming common morality to be inconsistent casts new light on the debate between principlists and descriptivists. One can view the two approaches as complementary attempts to evade or transcend that inconsistency. If common morality proves to be inconsistent, then principlists might have (...) reason to prefer a less pluralistic theory, thereby moving closer to descriptivism. Descriptivists, by contrast, might want to qualify their claim to accommodate all of people's basic moral convictions. Finally, both camps might wish to adopt a more revisionist posture, accepting that an adequate ethical theory occasionally will contradict some of people's deepest moral convictions. Proper application of the method of reflective equilibrium, to which both descriptivists and principlists claim allegiance, may entail greater openness to revisionism than either camp admits. (shrink)

As a procedure, reflective equilibrium (RE) is simply a familiar kind of standard scientific method with a new name. (For descriptions of reflective equilibrium, see Daniels 1979, 1980b, 1984; Goodman 1965; Rawls 1971.) A theory is constructed to account for a set of observations. Recalcitrant data may be rejected as noise or explained away as the effects of interference of some sort. Recalcitrant data that cannot be plausibly dismissed force emendations in theory. What counts as a plausible dismissal depends, among (...) other things, on the going theory, as well as on background theory and on knowledge that may be relevant to under-standing the experimental design that is generating the observations, including knowledge of the apparatus and observation conditions. This sort of mutual adjustment between theory and data is a familiar feature of scientific practice. Whatever authority RE seems to have comes, I think, from a tacit or explicit recognition that it has the same form as this familiar sort of scientific inference. One way to see the rationale underlying this procedure in science is to focus on prediction. Think of prediction as a matter of projecting what is known onto uncharted territory. To do this, you need a vehicle—a theory—that captures some invariant or pattern in what is known so that you can project it onto the unknown. How convincing the projection is depends on two factors: (i) how sure one is of the observational base, and (ii) how sure one is that the theory gets the invariants right. The two factors are not independent, of course. One's confidence in the observational base will be affected by how persuasively the theory identifies and dismisses noise; one's confidence in the theory, on the other hand, will depend on one's confidence in the observations it takes seriously. Prediction is important as a <span class='Hi'>test</span> of theory precisely because verified predictions seem to show that the theory has correctly captured the general in the particular, that it has got the drift of the observational evidence in which our confidence is ultimately grounded.. (shrink)

We all have beliefs, even strong convictions, about what is just and fair in our social arrangements. How should these beliefs and the theories of justice that incorporate them guide our thinking about practical matters of justice? This wide-ranging collection of essays by one of the foremost medical ethicists in the USA explores the claim that justification in ethics, whether of matters of theory or practice, involves achieving coherence between our moral and non-moral beliefs. Amongst the practical issues addressed in (...) the volume are the design of health-care institutions, the distribution of goods between the old and the young, and fairness in hiring and firing. In combining ethical theory and practical ethics this volume will prove especially valuable to philosophers concerned with ethics and applied ethics, political theorists, bioethicists, and others involved in the study of public policy. (shrink)

Moral decision procedures such as principlism or casuistry require intuition at certain junctures, as when a principle seems indeterminate, or principles conflict, or we wonder which paradigm case is most relevantly similar to the instant case. However, intuitions are widely thought to lack epistemic justification, and many ethicists urge that such decision procedures dispense with intuition in favor of forms of reasoning that provide discursive justification. I argue that discursive justification does not eliminate or minimize the need for intuition, or (...) constrain our intuitions. However, this is not a problem, for intuitions can be justified in easy or obvious cases, and decision procedures should be understood as heuristic devices for reaching judgments about harder cases that approximate the justified intuitions we would have about cases under ideal conditions, where hard cases become easy. Similarly, the forms of reasoning which provide discursive justification help decision procedures perform this heuristic function not by avoiding intuition, but by making such heuristics more accurate. Nonetheless, it is possible to demand too much justification; many clinical ethicists lack the time and philosophical training to reach the more elaborate levels of discursive justification. We should keep moral decision procedures simple and user-friendly so that they will provide what justification can be achieved under clinical conditions, rather than trying to maximize our epistemic justification out of an overstated concern about intuition. (shrink)

Emotions can be the subject of moral judgments; they can also constitute the basis for moral judgments. The apparent circularity which arises if we accept both of these claims is the central topic of this paper: how can emotions be both judge and party in the moral court? The answer I offer regards all emotions as potentially relevant to ethics, rather than singling out a privileged set of moral emotions. It relies on taking a moderate position both on the question (...) of the naturalness of emotions and on that of their objectivity as revealers of value: emotions are neither simply natural nor socially constructed, and they apprehend objective values, but those values are multidimensional and relative to human realities. The axiological position I defend jettisons the usual foundations for ethical judgments, and grounds these judgments instead on a rationally informed reflective equilibrium of comprehensive emotional attitudes, tempered with a dose of irony. (shrink)

In ethics, the use of empirical data has become more and more popular, leading to a distinct form of applied ethics, namely empirical ethics. This ‘empirical turn’ is especially visible in bioethics. There are various ways of combining empirical research and ethical reflection. In this paper we discuss the use of empirical data in a special form of Reflective Equilibrium (RE), namely the Network Model with Third Person Moral Experiences. In this model, the empirical data consist of the moral experiences (...) of people in a practice. Although inclusion of these moral experiences in this specific model of RE can be well defended, their use in the application of the model still raises important questions. What precisely are moral experiences? How to determine relevance of experiences, in other words: should there be a selection of the moral experiences that are eventually used in the RE? How much weight should the empirical data have in the RE? And the key question: can the use of RE by empirical ethicists really produce answers to practical moral questions?In this paper we start to answer the above questions by giving examples taken from our research project on understanding the norm of informed consent in the field of pediatric oncology. We especially emphasize that incorporation of empirical data in a network model can reduce the risk of self-justification and bias and can increase the credibility of the RE reached. (shrink)

We all have moral beliefs. What if we are unsure about what to believe about a serious moral issue, or if one belief conflicts with another that we hold with equal conviction? When such conflicts and doubts occur, we try to make our beliefs cohere, and are forced to engage in a moral inquiry. Michael R. DePaul argues that we have to make our beliefs cohere, but that the current coherence methods are seriously flawed. Methods such as that which (...) John Rawls has proposed are intellectualist and mechanical. DePaul argues that it is not just arguments that need to be considered in moral inquiry. The ability to make sensitive moral judgements is vital to any philosophical inquiry into morality. The inquirer must consider how life experiences and experiences with literature, film, theater, music and art have influenced the capacity to make moral judgments, and attempt to insure that this capacity is neither naive nor corrupted. Balance and Refinement is the only book to focus primarily on epistemological and methodological questions in moral realism. The author raises issues of moral conversions, the possibility of naivete and corruption, and the significant role of life experience and experiences with the arts in moral inquiry. He also discusses the role of literature in moral inquiry. This title will make a valuable contribution to epistemology, ethics, and moral theory. (shrink)

Due to their non-hierarchical structure, socio-technical networks are prone to the occurrence of the problem of many hands. In the present paper an approach is introduced in which people’s opinions on responsibility are empirically traced. The approach is based on the Rawlsian concept of Wide Reflective Equilibrium (WRE) in which people’s considered judgments on a case are reflectively weighed against moral principles and background theories, ideally leading to a state of equilibrium. Application of the method to a hypothetical case with (...) an artificially constructed network showed that it is possible to uncover the relevant data to assess a consensus amongst people in terms of their individual WRE. It appeared that the moral background theories people endorse are not predictive for their actual distribution of responsibilities but that they indicate ways of reasoning and justifying outcomes. Two ways of ascribing responsibilities were discerned, corresponding to two requirements of a desirable responsibility distribution: fairness and completeness. Applying the method triggered learning effects, both with regard to conceptual clarification and moral considerations, and in the sense that it led to some convergence of opinions. It is recommended to apply the method to a real engineering case in order to see whether this approach leads to an overlapping consensus on a responsibility distribution which is justifiable to all and in which no responsibilities are left unfulfilled, therewith trying to contribute to the solution of the problem of many hands. (shrink)

This thesis sets out an argument in defence of moral objectivism. It takes Mackie as the critic of objectivism and it ends by proposing that the best defence of objectivism may be found in what I shall call Kantian intuitionism, which brings together elements of the intuitionism of Ross and a Kantian epistemology. The argument is fundamentally transcendental in form and it proceeds by first setting out what we intuitively believe, rejecting the sceptical attacks on those beliefs, and by then (...) proposing a theory that can legitimize what we already do believe. Chapter One sets out our intuitive understanding of morality: (1) that morality is cognitive, moral beliefs can be true or false; (2) that morality is real, we do not construct it; (3) that morality is rational, we can learn about it by rational investigation; and (4) that morality places us under an absolute constraint. The chapter ends by clarifying the nature of that absolute demand and by arguing that the critical idea within morality is the idea of duty. In Chapter Two Mackie’s sceptical attack on objectivism is examined. Four key arguments are identified: (1) that moral beliefs are relative to bfferent agents; (2) that morality is based upon on non-rational causes; (3) that the idea of moral properties or entities is too queer to be sustainable; and (4) that moral objectivism involves queer epistemological commitments. Essentially all of these arguments are shown to be ambiguous; however it is proposed that Mackie has an underlying epistemological and metaphysical theory, scientific empiricism, which is (a) hostile to objectivism and (b) a theory that many find attractive for reasons that are independent of morality. Chapter Three explores the nature of moral rationality and whether scientific empiricism can use the idea of reflective equilibrium to offer a reasonable account of moral rationality. It concludes that, while reflective equilibrium is a useful account of moral rationality, it cannot be effectively reconciled with scientific empiricism. In order to function effectively as a rational process, reflective equilibrium must be rationally constrained by our moral judgements and our moral principles. Chapter Four begins the process of exploring some alternative epistemologies and argues that the only account that remains true to objectivism and the needs of reflective equilibrium is the account of intuitionism proposed by Ross. However this account can be developed further by drawing upon number of Kantian ideas and using them to supplement Ross ’ s intuitionism. So Chapter Five draws upon a number of Kant's ideas, most notably some key notions from the Critique of Judgement. These ideas are: (1) that we possess a rational will that is subject to the Moral law and determined by practical reason; (2) that we possess a faculty of judgement which enables us to become aware of moral properties and (3) that these two faculties together with the third faculty of thought can function to constitute the moral understanding. Using these ideas the thesis explores whether they can serve to explain how intuitions can be rational and how objectivism can be justified. (shrink)

Practical equilibrium, like reflective equilibrium, is a way of deciding what to think about morality. It shares with reflective equilibrium the general thesis that there is some way in which a moral theory must, in order to be acceptable, answer to one’s moral intuitions, but it differs from reflective equilibrium in its specification of exactly how a moral theory must answer to one’s intuitions. Whereas reflective equilibrium focuses on a theory’s consistency with those intuitions, practical equilibrium also gives weight to (...) a theory’s approval of one’s having those intuitions. (shrink)

I argue that evolutionary strategies of kin selection and game-theoretic reciprocity are apt to generate agent-centered and agent- neutral moral intuitions, respectively. Such intuitions are the building blocks of moral theories, resulting in a fundamental schism between agent-centered theories on the one hand and agent-neutral theories on the other. An agent-neutral moral theory is one according to which everyone has the same duties and moral aims, no matter what their personal interests or interpersonal relationships. Agent-centered moral theories deny this and (...) include at least some prescriptions that include ineliminable indexicals. I argue that there are no rational means of bridging the gap between the two types of theories; nevertheless this does not necessitate skepticism about the moral—we might instead opt for an ethical relativism in which the truth of moral statements is relativized to the perspective of moral theories on either side of the schism. Such a relativism does not mean that any ethical theory is as good as any other; some cannot be held in reflective equilibrium, and even among those that can, there may well be pragmatic reasons that motivate the selection of one theory over another. But if no sort of relativism is deemed acceptable, then it is hard to avoid moral skepticism. (shrink)

This paper defends the view that philosophical propositions are merely relatively true, i.e. true relative to a doxastic perspective defined at least in part by a non-inferential belief-acquiring method. Here is the strategy: first, the primary way that contemporary philosophers defend their views is through the use of rational intuition, and this method delivers non-inferential, basic beliefs which are then systematized and brought into reflective equilibrium. Second, Christian theologians use exactly the same methodology, only replacing intuition with revelation. Third, intuition (...) and revelation yield frequently inconsistent output beliefs. Fourth, there is no defensible reason to prefer the dictates of intuition to those of Christian revelation. Fifth, the resulting dilemma means that there are true philosophical propositions, but we can't know them (scepticism), or there are no philosophical propositions and the naturalists are right (nihilism), or relativism is true. I suggest that relativism is the most palatable of these alternatives. (shrink)

In this article we distinguish between philosophical bioethics (PB), descriptive policy orientated bioethics (DPOB) and normative policy oriented bioethics (NPOB). We argue that finding an appropriate methodology for combining empirical data and moral theory depends on what the aims of the research endeavour are, and that, for the most part, this combination is only required for NPOB. After briefly discussing the debate around the is/ought problem, and suggesting that both sides of this debate are misunderstanding one another (i.e. one side (...) treats it as a conceptual problem, whilst the other treats it as an empirical claim), we outline and defend a methodological approach to NPOB based on work we have carried out on a project exploring the normative foundations of paternal rights and responsibilities. We suggest that given the prominent role already played by moral intuition in moral theory, one appropriate way to integrate empirical data and philosophical bioethics is to utilize empirically gathered lay intuition as the foundation for ethical reasoning in NPOB. The method we propose involves a modification of a long-established tradition on non-intervention in qualitative data gathering, combined with a form of reflective equilibrium where the demands of theory and data are given equal weight and a pragmatic compromise reached. (shrink)

Ethical theory often starts with our intuitions about particular cases and tries to uncover the principles that are implicit in them; work on the ‘trolley problem’ is a paradigmatic example of this approach. But ethicists are no longer the only ones chasing trolleys. In recent years, psychologists and neuroscientists have also turned to study our moral intuitions and what underlies them. The relation between these two inquiries, which investigate similar examples and intuitions, and sometimes produce parallel results, is puzzling. Does (...) it matter to ethics whether its armchair conclusions match the psychologists’ findings? I argue that reflection on this question exposes psychological presuppositions implicit in armchair ethical theorising. When these presuppositions are made explicit, it becomes clear that empirical evidence can (and should) play a positive role in ethical theorising. Unlike recent assaults on the armchair, the argument I develop is not driven by a naturalist agenda, or meant to cast doubt on the reliability of our moral intuitions; on the contrary, it is even compatible with non-naturalism, and takes the reliability of intuition as its premise. The argument is rather that if our moral intuitions are reliable, then psychological evidence should play a surprisingly significant role in the justification of moral principles. (shrink)

The paper addresses the possibility of providing a meta-justification of what appears to be crucial epistemic desiderata involved in the method of reflective equilibrium. I argue that although the method of reflective equilibrium appears to be widely in use in moral theorising, the prospects of providing a meta-justification of crucial epistemic desiderata are rather bleak. Nor is the requirement that a meta-justification be provided obviously misguided. In addition, I briefly note some of the implications of these results for our use (...) of the method of reflective equilibrium and for the best interpretation of the method. (shrink)

This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is appropriate to (...) describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

The failure of medical codes to provide adequate guidance for physicians' moral dilemmas points to the fact that some rules of analysis, informed by moral theory, are needed to assist in resolving perplexing ethical problems occurring with increasing frequency as medical technology advances. Initially, deontological and teleological theories appear more helpful, but critcisms can be lodged against both, and neither proves to be sufficient in itself. This paper suggests that to elude the limitations of previous approaches, a method of moral (...) decision making must be developed incorporating both coherence methodology and some independently supported theoretical foundations. Wide Reflective Equilibrium is offered, and its process described along with a theory of the person which is used to animate the process. Steps are outlined to be used in the process, leading to the application of the method to an actual case. (shrink)

Intuitions are widely assumed to play an important evidential role in ethical inquiry. In this paper I critically discuss a recently influential claim that the epistemological credentials of ethical intuitions are undermined by their causal pedigree and functional role. I argue that this claim is exaggerated. In the course of doing so I argue that the challenge to ethical intuitions embodied in this claim should be understood not only as a narrowly epistemological challenge, but also as a substantially ethical one. (...) I argue that this fact illuminates the epistemology of ethical intuitions. (shrink)

It is often said that our moral experience, broadly construed to include our ways of thinking and talking about morality, has a certain objective-seeming character to it, and that this supports a presumption in favor of objectivist theories (according to which morality is a realm of facts or truths) and against anti-objectivist theories like Mackie’s error theory (according to which it is not). In this paper, I argue that our experience of morality does not support objectivist moral theories in this (...) way. I begin by arguing that our moral experience does not have the uniformly objective-seeming character it is typically claimed to have. I go on to argue that even if moral experience were to presuppose or display morality as a realm of fact, we would still need a reason for taking that to support theories according to which it is such a realm. I consider what I take to be the four most promising ways of attempting to supply such a reason: (A) inference to the best explanation, (B) epistemic conservatism, (C) the Principle of Credulity, and (D) the method of wide reflective equilibrium. In each case, I argue, the strategy in question does not support a presumption in favor of objectivist moral theories. (shrink)

In ethics, the use of empirical data has become more and more popular, leading to a distinct form of applied ethics, namely empirical ethics. This 'empirical turn' is especially visible in bioethics. There are various ways of combining empirical research and ethical reflection. In this paper we discuss the use of empirical data in a special form of Reflective Equilibrium (RE), namely the Network Model with Third Person Moral Experiences. In this model, the empirical data consist of the moral experiences (...) of people in a practice. Although inclusion of these moral experiences in this specific model of RE can be well defended, their use in the application of the model still raises important questions. What precisely are moral experiences? How to determine relevance of experiences, in other words: should there be a selection of the moral experiences that are eventually used in the RE? How much weight should the empirical data have in the RE? And the key question: can the use of RE by empirical ethicists really produce answers to practical moral questions? In this paper we start to answer the above questions by giving examples taken from our research project on understanding the norm of informed consent in the field of pediatric oncology. We especially emphasize that incorporation of empirical data in a network model can reduce the risk of self-justification and bias and can increase the credibility of the RE reached. (shrink)

Hare shares with other critics an objection to the use of moral judgments in the method of reflective equilibrium. However, the reasoning behind his criticismdistinguishes it from the more common criticisms that the use of moral judgments is unwarranted because of their suspect origin. While these objections challenge the epistemic worth of moral beliefs, Hare’s objection goes beyond to also critique the deeper theoretical commitments of the method. Hare’s acceptance of a strict differentiation between the meaning and applications of words (...) and consequent rejection of holistic justification follow from his acceptance of the analytic/synthetic distinction, while Rawls’s holistic method of theory justification requires a rejection of the analytic/synthetic distinction. In this essay, I explain how Hare’s criticism of the method of reflective equilibrium and his acceptance of the meaning/application distinction result from his acceptance of the analytic/synthetic distinction and draw from this specific discussion more general conclusions regarding the implications of accepting or rejecting the analytic/synthetic distinction for the use of moral judgments in moral theory justification. I conclude that an acceptance of the distinction precludes the use of moral judgments, while its rejection leaves open the possibility that they could be used, if the issue of their epistemic status can be successfully resolved. (shrink)

This paper considers two accounts of the self that have gained prominence in contemporary feminist psychoanalytic theory and draws out the implications of these views with respect to the problem of moral reflection. I argue that our account of moral reflection will be impoverished unless it mobilizes the capacity to empathize with others and the rhetoric of figurative language. To make my case for this claim, I argue that John Rawls's account of reflective equilibrium suffers from his exclusive reliance on (...) impartial reason. (shrink)

For the most part, philosophers have regarded moral truth as propositional and as what follows from the application of moral theory to particular problematic cases. Here I maintain that this is not a useful way of conceiving moral truth in bioethics. Rather, we are better off conceiving of moral truth as what emerges from a process of inquiry conducted in a certain manner. There are four elements to this process: (1) careful exploration of the embedded norms of medical practice, research, (...) and delivery; (2) recognition of the irreducible plurality of ultimate moral values within and between these practices; (3) the cultivation and exercise of moral imagination; and (4) the attainment, however temporarily, of wide reflective equilibrium. This process, I argue, is reflected in the way bioethics is most fruitfully practiced, and it is further to be recommended by being true to the character of moral conscientiousness generally. This analysis suggests that moral truth is "unstable," but that this is not a bad thing. Further, the implication is drawn that moral theory would be better informed if formulated on the basis of paying more attention to lived moral practices. (shrink)

A method of reflective equilibrium is adumbrated and then used to test the adequacy of moral conceptions appealing to fundamental human rights against Nietzschean conceptions of morality which would reject such an appeal. There is an attempt here both to articulate and critically probe a distinctive moral methodology (the method of reflective equilibrium) and to examine skeptical challenges to a foundationalism which would ground morality in fundamental rights claims. I attempt a partial testing of such a moral methodology by examining (...) its ability to meet such skeptical challenges to the rational grounding of human rights, and I assess (and this is plainly a reciprocal process) the depth of such skeptical challenges by the ability of such challenges to survive such an application of a method of reflective equilibrium. If that method is applied with discrimination and understanding, is it sufficient to defuse skeptical challenges to the pervasive belief that either rationality or the very taking of the moral point of view requires the acceptance of the belief that the design of morally acceptable social institutions and practices must be such that they aim at achieving a state of affairs in which all human beings are to be afforded equal consideration? Can a method of reflective equilibrium establish that a good society must embody such a commitment to an equality of human rights? (shrink)

An interpretation of John Rawls’ ‘justice as fairness’ as a deliberative critical argumentative strategy for evaluating existing institutions is offered and its plausibility is discussed. I argue that ‘justice as fairness’ aims at synthesizing the moral values claimed by existing social institutions into a coherent model of a well-ordered society in order to demand that these institutions stand up to the values that they promise. Understood in such a way, ‘justice as fairness’ provides a set of idealizing ‘mirrors’ through which (...) power dynamics in society can be viewed but does not function as a model for an ideal society. Key Words: distributive justice • immanent criticism • justice as fairness • political liberalism • public reason • John Rawls • reflective equilibrium. (shrink)

Both the defenders and critics of judicial review assume tacitly that there is a special moral capacity needed for a correct articulation of constitutional (explicit or implied) rights, and they only disagree about who is likely to possess this moral capacity to a higher degree. In this working paper I challenge this unstated assumption. It is not the case that the reasoning oriented towards rights articulation is more moral than many non-rights-oriented authoritative public decisions in the society. Further, I suggest (...) that rights-related reasoning cannot be shown to be differently moral in a way which would support the idea that this relevant difference may justify why some political agents (such as judges) may be more suited to performing this particular type of moral reasoning than others (such as legislators). The best argument for such a distinction refers to the opportunity for and habit of conducting "moral thought experiments" which is what, as part of their professional duties, judges normally do, and which they can therefore instinctively do also when they engage in a "concrete" judicial review of a statute. But there is no good moral reason to believe that "moral thought experiments" triggered by specific fact-situations should be privileged as a method of moral reasoning, compared to an unashamedly abstract, principle-based moral reasoning. If anything, a good case may be made (referring to the need to openly acknowledge moral conflict, secure impartiality, equality and legitimacy) for deliberately abstracting from specific cases and focusing on the abstract and general level, only modifying it later, if one is compelled to such modifications by considering evidence from specific instances. Not even one half (the bottom-up half) of the Rawlsian famous "reflective equilibrium" apparatus can be of help in this regard. (shrink)

In a recent paper, Peter Singer suggests that some interesting new findings in experimental moral psychology support what he has contended all along—namely that intuitions should play little or no role in adequate justifications of normative ethical positions. Not only this but, according to Singer, these findings point to a central flaw in the method (or epistemological theory) of reflective equilibrium used by many contemporary moral philosophers. In this paper, we try to defend reflective equilibrium from Singer’s attack and, in (...) part, we do this by discussing Singer’s own favoured moral methodology as outlined in his Practical Ethics . Although basing ethics solely on (certain kinds of) intuitions certainly is problematic, we argue, basing it solely on ‘reason’ gives rise to similar problems. The best solution would arguably be one which could strike a balance between the two—but, we suggest, this is precisely what reflective equilibrium is all about. (shrink)

matter of knowing that -- that injustice is wrong, courage is valuable, and care is As a result, what I'll be doing is primarily defending in general -- and due. Such knowledge is embodied in a range of capacities, abilities, and skills..

For millennia, philosophers have speculated about the origins of ethics. Recent research in evolutionary psychology and the neurosciences has shed light on that question. But this research also has normative significance. A standard way of arguing against a normative ethical theory is to show that in some circumstances the theory leads to judgments that are contrary to our common moral intuitions. If, however, these moral intuitions are the biological residue of our evolutionary history, it is not clear why we should (...) regard them as having any normative force. Research in the neurosciences should therefore lead us to reconsider the role of intuitions in normative ethics. (shrink)

A common objection to utilitarianism is that it clashes with our common moral intuitions. Understanding the role that heuristics play in moral judgments undermines this objection. It also indicates why we should not use John Rawls' model of reflective equilibrium as the basis for testing normative moral theories.

In this essay I defend the view that Henry Sidgwick’s moral epistemology is a form of intuitionist foundationalism that grants common-sense morality no evidentiary role. In §1, I outline both the problematic of The Methods of Ethics and the main elements of its argument for utilitarianism. In §§2-4 I provide my interpretation of Sidgwick’s moral epistemology. In §§ 5-8 I refute rival interpretations, including the Rawlsian view that Sidgwick endorses some version of reflective equilibrium and the view that he is (...) committed to some kind of pluralistic epistemology. In§ 9 I contend with some remaining objections to my view. (shrink)

If, as is not implausible, the correct moral theory is indexed to human capacity for moral reasoning, then the thesis that moral heuristics exist faces a serious objection. This objection can be answered by embracing a wide reflective equilibrium account of the origins of our normative principles of morality.

Various theories have been put forward in an attempt to explain what makes moral judgments justifiable. One of the main theories currently advocated in bioethics is a form of coherentism known as wide reflective equilibrium. In this paper, I argue that wide reflective equilibrium is not a satisfactory approach for justifying moral beliefs and propositions. A long-standing theoretical problem for reflective equilibrium has not been adequately resolved, and, as a result, the main arguments for wide reflective equilibrium are unsuccessful. Moreover, (...) practical problems that arise in using the method of wide reflective equilibrium undermine the idea that it is a viable approach for justifying moral judgments about cases and policies. Given that wide reflective equilibrium is the most prominent version of coherentism, these considerations call into question the coherentist approach to justification in bioethics. (shrink)

A recent study of moral intuitions, performed by Joshua Greene and a group of researchers at Princeton University, has recently received a lot of attention. Greene and his collaborators designed a set of experiments in which subjects were undergoing brain scanning as they were asked to respond to various practical dilemmas. They found that contemplation of some of these cases (cases where the subjects had to imagine that they must use some direct form of violence) elicited greater activity in certain (...) areas of the brain associated with emotions compared with the other cases. It has been argued (e.g., by Peter Singer) that these results undermine the reliability of our moral intuitions, and therefore provide an objection to methods of moral reasoning that presuppose that they carry an evidential weight (such as the idea of reflective equilibrium). I distinguish between two ways in which Greene's findings lend support for a sceptical attitude towards intuitions. I argue that, given the first version of the challenge, the method of reflective equilibrium can easily accommodate the findings. As for the second version of the challenge, I argue that it does not so much pose a threat specifically to the method of reflective equilibrium but to the idea that moral claims can be justified through rational argumentation in general. (shrink)

Heuristics are necessary but far from sufficient explanations for moral judgment. This commentary stresses: (a) the need to complement cold, cognitive-economizing functionalist accounts with hot, value-expressive, social-identity-affirming accounts; and (b) the importance of conducting reflective-equilibrium thought and laboratory experiments that explore the permeability of the boundaries people place on the “thinkable.”.

: Many bioethicists assume that morality is in a state of wide reflective equilibrium. According to this model of moral deliberation, public policymaking can build upon a core common morality that is pretheoretical and provides a basis for practical reasoning. Proponents of the common morality approach to moral deliberation make three assumptions that deserve to be viewed with skepticism. First, they commonly assume that there is a universal, transhistorical common morality that can serve as a normative baseline for judging various (...) actions and practices. Second, advocates of the common morality approach assume that the common morality is in a state of relatively stable, ordered, wide reflective equilibrium. Third, casuists, principlists, and other proponents of common morality approaches assume that the common morality can serve as a basis for the specification of particular policies and practical recommendations. These three claims fail to recognize the plural moral traditions that are found in multicultural, multiethnic, multifaith societies such as the United States and Canada. A more realistic recognition of multiple moral traditions in pluralist societies would be considerably more skeptical about the contributions that common morality approaches in bioethics can make to resolving contentious moral issues. (shrink)

The familiar idea of a gap between theory and practice cannot be understood in terms of distinctions such as general-particular or abstract-concrete. A "gap" suggests a more fundamental difference. The underlying distinction is that between two incomplete and incompatible models of morality, a doctrine model and a practice model. Morality can be described in terms of interaction, a practice, and it can be described as a set of precepts, an ethical doctrine. This distinction may help us to understand various debates (...) and problems in ethics. It explains why there is so little progress in methodological discussions on reflective equilibrium. In a doctrine perspective, reflective equilibrium is a method to attain moral truth; in a practice perspective it is a process of continuous critical reflection. The distinction also explains conflicting views on moral expertise. In a practice perspective, moral philosophers are not moral experts, whereas in a doctrine perspective they are. (shrink)

Tamara Horowitz criticizes the use of thought experiments by Warren Quinn and others to support a version of the Doctrine of Doing and Allowing. She argues that because a competing empirical explanatory hypothesis for our common agreement on the correct outcome in those thought experiments is true we should conclude that our intuitions concerning those examples do not provide support for the Doctrine of Doing and Allowing. Other authors have reached similar conclusions. I argue that the argument misconstrues the role (...) of higher order reflection on first order intuitive moral judgements in moral thinking. Appropriately appreciating that role will require us to reject Horowitz's claim that she has undermined arguments from Quinn's examples to the conclusion that there is a morally significance difference between doing and allowing. (shrink)