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- Seana Valentine Shiffrin (1999). Moral Overridingness and Moral Subjectivism. Ethics 109 (4):772-794.
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My aim in this paper is to explore the notion that corporations have moral rights within the context of a constitutive rules model of corporate moral agency. The first part of the paper will briefly introduce the notion of moral rights, identifying the distinctive feature of moral rights, as contrasted with other moral categories, in Vlastos' terms of overridingness. The second part will briefly summarize the constitutive rules approach to the moral agency of corporations (à la French, Smith, Ozar) and pose the question of the paper. The third part will argue that, since the moral agency of corporations is dependent on the choices of those whose acceptence of the relevant rules constitutes the corporation as a moral agent, the rights of corporations are conventional; that is, they exist because they are so created. Thus, as a first answer, corporations do not have moral rights.But this raises a further question which we must explore. Once a corporation has been constituted, by the acceptance of the relevant rules by the relevant persons, does the corporation then have rights which endure? Can those who have constituted a corporation with certain rights morally change or cancel those rights in medias res without doing some sort of moral violence to the corporation? Do corporations at least have a moral right to persist in the conventional rights with which they were constituted?
In this paper, I discuss subjective desire and its subtle relationship with moral facts based on a comparative study of the Analects of Confucius and the Lotus Sutra. I pick out two points in this pair of classics in order to examine their ideas about accessing the highest wisdom: (1) the relationship between desire and Confucian ren, humanity, benevolence or virtue in the Analects, and (2) the role of learning and the ontological status of the mind and the world in the Lotus Sutra. Through comparative study, I argue that the Confucian Analects and the Lotus Sutra contain two different versions of desire-based subjectivism (DBS). The difference is that Confucianism is an example of desire-based moral subjectivism (DBS-moral), and the Lotus Sutra demonstrates desire-based ontological subjectivism (DBS-ontological).
Jackson and Pettit argue that expressivism in metaethics collapses into subjectivism. A sincere utterer of a moral claim must believe that she has certain attitudes to be expressed. The truth-conditions of that belief then allegedly provide truth-conditions also for the moral utterance. Thus, the expressivist cannot deny that moral claims have subjectivist truth-conditions. Critics have argued that this argument fails as stated. I try to show that expressivism does have subjectivist repercussions in a way that avoids the problems of the Jackson-Pettit argument. My argument, based on the norms for asserting moral sentences, attempts to tie expressivists to a more modest form of subjectivism than the previous arguments.
In this paper, I present an argument that poses the following dilemma for moral theorists: either (a) reject at least one of three of our most firmly held moral convictions or (b) reject the view that moral reasons are morally overriding, that is, reject the view that moral reasons override non-moral reasons such that even the weakest moral reason defeats the strongest non-moral reason in determining an act’s moral status (e.g., morally permissible). I then argue that we should opt for the second horn of this dilemma, in part because we should be loath to reject such firmly held moral convictions, but also because doing so allows us to dissolve an apparent paradox regarding supererogation. If I’m right, if non-moral reasons are relevant to determining what is and isn’t morally permissible, then it would seem that moral theorists have their work cut out for them. Not only will they need to determine what the fundamental right-making and wrong-making features of actions are (i.e., what moral reasons there are), but they will also need to determine what non-moral reasons there are and which of these are relevant to determining an act’s deontic status. And moral theorists will have to account for how these two very different sorts of reasons—moral and non-moral reasons—”come together” to determine an act’s deontic status. I will not attempt to do this work here, but rather only to argue that the work needs to be done.
Some contemporary philosophers, notably B. Williams and S. Wolf, argue that moral perfection is not just an unsustainable ideal, but also an unreasonable one in that it thwarts and demotes all the various elements that contribute to personal well-being. More importantly, moral perfection seems to imply the denial of an identifiable personal self; hence the paradox of moral perfection. I argue that this alleged paradox arises because of a misunderstanding of the role of moral ideals, of their overridingness, and of the way they relate to well-being.
This is Chapter 5 of my Commonsense Consequentialism: Wherein Morality Meets Rationality. In this chapter, I argue that those who wish to accommodate typical instances of supererogation and agent-centered options must deny that moral reasons are morally overriding and accept both that the reason that agents have to promote their own self-interest is a non-moral reason and that this reason can, and sometimes does, prevent the moral reason that they have to sacrifice their self-interest so as to do more to promote the interests of others from generating a moral requirement. Furthermore, I argue that given that an act’s deontic status of both moral and non-moral reasons, the consequentialist must adopt dual-ranking act-consequentialism. I then defend dual-ranking act-consequentialism against a number of objections.
No categories
Adopting meta-level Free Will Subjectivism is one among several ways to maintain that persons never experience moral freedom in their choices. The other ways of arguing against moral freedom I consider are presented by Saul Smilansky, Ted Honderich, Bruce Waller, Galen Strawson, and Derk Pereboom. In this paper, without arguing for the acceptance of free will subjectivism, I argue that subjectivism has some moral and theoretical advantages over its kindred theories.
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