Online research in philosophy

I argue that we should reject all traditional forms of act-consequentialism if moral rationalism is true. (Moral rationalism, as I define it, holds that if S is morally required to perform x, then S has decisive reason, all things considered, to perform x.) I argue that moral rationalism in conjunction with a certain conception of practical reasons (viz., the teleological conception of reasons) compels us to accept act-consequentialism. I give a presumptive argument in favor of moral rationalism. And I argue that act-consequentialism is best construed as a theory that ranks outcomes, not according to their impersonal value, but according to how much reason each agent has to desire that they obtain.

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

This paper examines the received review of legal reasoning. This received view is articulated as the rule of law as it applies to judicial reasoning. The rule of judge-made law means that legal reasoning is rule-based. Problematically, judicial reasoning employs tools outside established legal rules and, furthermore, these tools depend on values that lack rational justification. The received view of legal reasoning therefore seems wrong. A number of legal theorists take the rejection of legal rationalism as proof that law is not a rational enterprise. I argue, however, that merely because legal rationalism is a wrong theory of jurisprudence does not suggest that law is not a rational enterprise. Notwithstanding this argument, if the received view of legal reasoning cannot sufficiently account for its own legitimacy, then the rule of law seems threatened. If the rule of law is something we take as important and meaningful, a better theory of the legitimacy of legal reasoning is needed.

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

To 'consequentialise' is to take a putatively non-consequentialist moral theory and show that it is actually just another form of consequentialism. Some have speculated that every moral theory can be consequentialised. If this were so, then consequentialism would be empty; it would have no substantive content. As I argue here, however, this is not so. Beginning with the core consequentialist commitment to 'maximising the good', I formulate a precise definition of consequentialism and demonstrate that, given this definition, several sorts of moral theory resist consequentialisation. My strategy is to decompose consequentialism into three conditions, which I call 'agent neutrality', 'no moral dilemmas', and 'dominance', and then to exhibit some moral theories which violate each of these.

It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third..

Consider the idea that moral rules must be suitable for public acknowledgement and acceptance, i.e., that moral rules must be suitable for being ‘widely known and explicitly recognized’, suitable for teaching as part of moral education, suitable for guiding behaviour and reactions to behaviour, and thus suitable for justifying one’s behaviour to others. This idea is now most often associated with John Rawls, who traces it back through Kurt Baier to Kant.[1] My book developing ruleconsequentialism, Ideal Code, Real World, accepted the ‘publicity requirement’ on moral rules.[2] Katarzyna de Lazari-Radek and Peter Singer attack my moral theory on precisely this matter.[3] Here I reply to their attack. The question under discussion is whether moral rightness is a matter of the application of principles or rules that must be suitable for public acceptance. No, answered Henry Sidgwick, holding that perhaps the principles that determine moral right and wrong should be kept secret, because publicizing these principles would not maximize utility.[4] Since I think not-purely utilitarian forms of consequentialism may be more plausible than purely utilitarian forms, let me make the point in terms of consequentialism instead of utilitarianism. The standard form of act-consequentialism is maximizing and ‘global’, i.e., direct about everything.[5] This act-consequentialism includes, among the acts to be evaluated by their consequences, instances of espousing principles, teaching morality, blaming, feeling indignation, feeling guilt, and punishing. On this form of act-consequentialism, an act that maximizes good consequences might be one that others should blame and even punish, since blaming and punishing the agent of the good-maximizing act might also for some reason maximize good consequences. Likewise, on this standard form of act-consequentialism, it may be right to do what it would be right neither to advocate openly nor even to recommend privately. All these ideas are entailed by the kind of act-consequentialism that evaluates, by their consequences, all ‘acts’—in a very broad sense of the term that takes in not only acts of doing or allowing but also acts of blaming, punishing, and recommending. De Lazari-Radek and Singer accept that there are strong consequentialist considerations in support of ‘board support for transparency in ethics’ and avoiding esoteric morality in most circumstances..

The ‘publicity requirement on moral rules’ refers to the idea that moral rules must be suitable for public acknowledgement and acceptance. The idea is that moral rules must be suitable for being ‘widely known and explicitly recognized’, suitable for teaching as part of moral education, suitable for guiding behaviour and reactions to behaviour, and thus suitable for justifying one’s behaviour to others. The publicity requirement is now most often associated with John Rawls, who traces it back through Kurt Baier to Kant.1 Ideal Code, Real World, my book defending rule-consequentialism, accepted the publicity requirement.2 In this issue of Ratio, Katarzyna de Lazari-Radek and Peter Singer attack the publicity requirement.3 Here is my reply. Is moral rightness is a matter of the application of principles or rules that must be suitable for public acceptance? No, answered Henry Sidgwick, holding that perhaps the principles that determine moral right and wrong should be kept secret, because publicizing these principles would not maximize utility.4 Since I think that forms of consequentialism that are not purely utilitarian may be more plausible than forms that are purely utilitarian, let me make the point in terms of consequentialism instead of utilitarianism. The standard form of act-consequentialism is maximizing and ‘global’, i.e., direct about everything.5 This act-consequentialism includes, among the acts to be evaluated by their consequences, instances of espousing principles, teaching morality, blaming, feeling indignation, feeling guilt, and punishing. According to this form of act-consequentialism, an act that maximizes good consequences might be one that others should blame and even punish, since blaming and punishing the agent of the good-maximizing act might also for some reason maximize good consequences. Likewise, on this standard form of actconsequentialism, it may be right to do what it would be right neither to advocate openly nor even to recommend privately..