Written over the last two decades, John McDowell's papers, as a whole, deal with issues of philosophy. Specifically, separate groups of essays look at the ethical writings of Aristotle and Plato; moral questions regarding the Greek tradition; interpretations of Wittgenstein's work; and, finally, questions about personal identity and the character of first-person thought and speech.

Part I The Imperative Mood 'Virtue, then, is a disposition governing our choices '. ARISTOTLE, Eth. Nic. 36 Prescriptive Language. ...

Analytic particularism claims that judgments of moral wrongness are about particular acts rather than general principles. Metaphysical particularism claims that what makes true moral judgments true is not general principles but nonmoral properties of particular acts. Epistemological particularism claims that studying particular acts apart from general principles can justify beliefs in moral judgments. Methodological particularism claims that we will do better morally in everyday life if we look carefully at each particular decision as it arises and give up the search (...) for a complete moral theory. This paper raises problems for each of these versions of particularism. (shrink)

I defend moral generalism against particularism. Particularism, as I understand it, is the negation of the generalist view that particular moral facts depend on the existence of a comprehensive set of true moral principles. Particularists typically present "the holism of reasons" as powerful support for their view. While many generalists accept that holism supports particularism but dispute holism, I argue that generalism accommodates holism. The centerpiece of my strategy is a novel model of moral principles as a kind of "hedged" (...) principles that incorporate an independently plausible "basis thesis" concerning the explanation of moral reasons. The model implies that moral reasons requires the existence of a comprehensive set of true hedged principles, and so it captures generalism. But the model also offers an alternative explanation of holism, and so it undercuts much of the motivation for particularism. I defend this moderate (because holism-tolerating) form of generalism against a number of objections, and show how it can be used to defeat three distinct arguments from holism to particularism. (shrink)

[T. M. Scanlon] It is clearly impermissible to kill one person because his organs can be used to save five others who are in need of transplants. It has seemed to many that the explanation for this lies in the fact that in such cases we would be intending the death of the person whom we killed, or failed to save. What makes these actions impermissible, however, is not the agent's intention but rather the fact that the benefit envisaged does (...) not justify an exception to the prohibition against killing or the requirement to give aid. The difference between this explanation and one appealing to intention is easily overlooked if one fails to distinguish between the prospective use of a moral principle to guide action and its retrospective use to appraise the way an agent governed him or herself. Even if this explanation is accepted, however, it remains an open question whether and how an agent's intention may be relevant to the permissibility of actions in other cases. \\\ [Jonathan Dancy] My first four sections concentrate on the second section of Professor Scanlon's contribution, where he lays out his conception of moral principles and of the role they play in theory and practice. I will raise questions on the following issues: 1. Scanlon's initial introduction of the notion of a principle. 2. His rejection of the standard view that principles are concerned with the forbidding, permitting and requiring of actions. 3. His rejection of pro tanto conceptions of principles in favour of a conception of them as conclusive. 4. The resulting account of what it is for a principle to face and survive exceptions. Scanlon's discussion of these matters here both appeals to and is in some respects more detailed than the relevant section of his recent What We Owe to Each Other. The topic is interesting both for the role played by principles in Scanlon's present discussion of intention and permissibility, and more generally because of his account of wrongness: an act is wrong iff it is ruled out by principles that nobody could reasonably reject. The remainder of my contribution is concerned with the ostensible focus of IP, namely the relevance of agent-intentions to the permissibility of what is done. (shrink)

[T. M. Scanlon] It is clearly impermissible to kill one person because his organs can be used to save five others who are in need of transplants. It has seemed to many that the explanation for this lies in the fact that in such cases we would be intending the death of the person whom we killed, or failed to save. What makes these actions impermissible, however, is not the agent's intention but rather the fact that the benefit envisaged does (...) not justify an exception to the prohibition against killing or the requirement to give aid. The difference between this explanation and one appealing to intention is easily overlooked if one fails to distinguish between the prospective use of a moral principle to guide action and its retrospective use to appraise the way an agent governed him or herself. Even if this explanation is accepted, however, it remains an open question whether and how an agent's intention may be relevant to the permissibility of actions in other cases. \\\ [Jonathan Dancy] My first four sections concentrate on the second section of Professor Scanlon's contribution, where he lays out his conception of moral principles and of the role they play in theory and practice. I will raise questions on the following issues: 1. Scanlon's initial introduction of the notion of a principle. 2. His rejection of the standard view that principles are concerned with the forbidding, permitting and requiring of actions. 3. His rejection of pro tanto conceptions of principles in favour of a conception of them as conclusive. 4. The resulting account of what it is for a principle to face and survive exceptions. Scanlon's discussion of these matters here both appeals to and is in some respects more detailed than the relevant section of his recent What We Owe to Each Other. The topic is interesting both for the role played by principles in Scanlon's present discussion of intention and permissibility, and more generally because of his account of wrongness: an act is wrong iff it is ruled out by principles that nobody could reasonably reject. The remainder of my contribution is concerned with the ostensible focus of IP, namely the relevance of agent-intentions to the permissibility of what is done. (shrink)

It is clearly impermissible to kill one person because his organs can be used to save five others who are in need of transplants. It has seemed to many that the explanation for this lies in the fact that in such cases we would be intending the death of the person whom we killed, or failed to save. What makes these actions impermissible, however, is not the agent's intention but rather the fact that the benefit envisaged does not justify an (...) exception to the prohibition against killing or the requirement to give aid. The difference between this explanation and one appealing to intention is easily overlooked if one fails to distinguish between the prospective use of a moral principle to guide action and its retrospective use to appraise the way an agent governed him or herself. Even if this explanation is accepted, however, it remains an open question whether and how an agent's intention may be relevant to the permissibility of actions in other cases. \\\ [Jonathan Dancy] My first four sections concentrate on the second section of Professor Scanlon's contribution, where he lays out his conception of moral principles and of the role they play in theory and practice. I will raise questions on the following issues: 1. Scanlon's initial introduction of the notion of a principle. 2. His rejection of the standard view that principles are concerned with the forbidding, permitting and requiring of actions. 3. His rejection of pro tanto conceptions of principles in favour of a conception of them as conclusive. 4. The resulting account of what it is for a principle to face and survive exceptions. Scanlon's discussion of these matters here both appeals to and is in some respects more detailed than the relevant section of his recent What We Owe to Each Other. The topic is interesting both for the role played by principles in Scanlon's present discussion of intention and permissibility, and more generally because of his account of wrongness: an act is wrong iff it is ruled out by principles that nobody could reasonably reject. The remainder of my contribution is concerned with the ostensible focus of IP, namely the relevance of agent-intentions to the permissibility of what is done. (shrink)

This book is a study of ancient views about 'moral luck'. It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This book thus recovers a central dimension of Greek (...) thought and addresses major issues in contemporary ethical theory. One of its most original aspects is its interrelated treatment of both literary and philosophical texts. The Fragility of Goodness has proven to be important reading for philosophers and classicists, and its non-technical style makes it accessible to any educated person interested in the difficult problems it tackles. This new edition features an entirely new preface by Martha Nussbaum. (shrink)

In this article, we present an analysis of defeasible generalizations -- generalizations which are essentially exception-laden, yet genuinely explanatory -- in terms of various notions of privileged conditions. We argue that any plausible epistemology must make essential use of defeasible generalizations so understood. We also consider the epistemic significance of the sort of understanding of context that is required for understanding of explanatory defeasible generalizations on any topic.

In this brief response I argue that Sinnott‐Armstrong has underestimated the complexities that moral principles will have to circumvent if they are to survive particularist criticism. I also argue that we cannot yet accept Gert's accounts of moral relevance and of how a sound moral rule can survive exceptions.

Hurley here revives a classical idea about rationality in a modern framework, by developing analogies between the structure of personality and the structure of society in the context of contemporary work in philosophy of mind, ethics, decision theory and social choice theory. The book examines the rationality of decisions and actions, and illustrates the continuity of philosophy of mind on the one hand, and ethics and jurisprudence on the other. A major thesis of the book is that arguments drawn from (...) the philosophy of mind may be used to undermine widely-held subjectivist positions in ethics and politico-economic theory. The work is inspired by the philosophies of Wittgenstein and Davidson, but goes on to connect their arguments about interpretation with formal work in decision theory and social choice theory, and with the theory of adjudication. (shrink)

Should particularists about ethics claim that moral principles are never true? Or should they rather claim that any finite set of principles will not be sufficient to capture ethics? This paper explores and defends the possibility of embracing the second of these claims whilst rejecting the first, a position termed 'principled particularism'. The main argument that particularists present for their position-the argument that holds that any moral conclusion can be superseded by further considerations-is quite compatible with principled particularism; indeed, it (...) is compatible with the idea that every true moral conclusion can be shown to follow deductively from a finite set of premises. Whilst it is true that these premises must contain implicit ceteris paribus clauses, this does not render the arguments trivial. On the contrary, they can do important work in justifying moral conclusions. Finally the approach is briefly applied to the related field of jurisprudence. (shrink)

Even to disagree, we need to understand each other. If I reject what you say without understanding you, we will only have the illusion of a disagreement. You will be asserting one thing and I will be denying another. Even to disagree, we need some agreement.

Practical Reality is a lucid original study of the relation between the reasons why we do things and the reasons why we should. Jonathan Dancy maintains that current philosophical orthodoxy bowdlerizes this relation, making it impossible to understand how anyone can act for a good reason. By giving a fresh account of values and reasons, he finds a place for normativity in philosophy of mind and action, and strengthens the connection between these areas and ethics.

This book attempts to place a realist view of ethics (the claim that there are facts of the matter in ethics as elsewhere) within a broader context. It starts with a discussion of why we should mind about the difference between right and wrong, asks what account we should give of our ability to learn from our moral experience, and looks in some detail at the different sorts of ways in which moral reasons can combine to show us what we (...) should do in the circumstances. The second half of the book uses these results to mount an attack on consequentialism in ethics, arguing that there are more sorts of reasons around than consequentialists can even dream of. (shrink)

In this much-anticipated book, Jonathan Dancy offers the only available full-scale treatment of particularism in ethics, a view with which he has been associated for twenty years. Dancy now presents particularism as the view that the possibility of moral thought and judgement does not in any way depend on an adequate supply of principles. He grounds this claim on a form of reasons-holism, holding that what is a reason in one case need not be any reason in another, and maintaining (...) that moral reasons are no different in this respect from others. Ethics Without Principles offers detailed treatment and criticism of opposing positions of all sorts, with useful summaries. It also contains three chapters on the nature of what Dancy calls 'contributory' reasons, which, though the topic of much interest at the moment, are not often discussed in anything like the detail given here. And it offers a distinctive form of value-holism to go with the holism of reasons. As Dancy's definitive statement on particularism, the book will be required reading for all those working on moral philosophy and ethical theory. (shrink)

The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Lüth decision in 1958. It then takes up two objections to this approach raised by Jürgen Habermas. The first maintains that balancing is both irrational and a danger for rights, depriving them of their normative power. The second is that balancing takes one out of the realm of right and wrong, correctness and incorrectness, and justification, and, thus, out of the (...) realm of the law. The article attempts to counter these objections by showing that there exists a rational structure of balancing that can be made explicit by a “Law of Balancing” and a “Disproportionality Rule.” These rules show, first, that balancing is not a danger for rights but, on the contrary, a necessary means of lending them protection, and second, that balancing is not an alternative to argumentation but an indispensable form of rational practical discourse. (shrink)

The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Lüth decision in 1958. It then takes up two objections to this approach raised by Jürgen Habermas. The first maintains that balancing is both irrational and a danger for rights, depriving them of their normative power. The second is that balancing takes one out of the realm of right and wrong, correctness and incorrectness, and justification, and, thus, out of the (...) realm of the law. The article attempts to counter these objections by showing that there exists a rational structure of balancing that can be made explicit by a “Law of Balancing” and a “Disproportionality Rule.” These rules show, first, that balancing is not a danger for rights but, on the contrary, a necessary means of lending them protection, and second, that balancing is not an alternative to argumentation but an indispensable form of rational practical discourse. (shrink)

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function (...) in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture. (shrink)

Moral philosophy has long been dominated by the aim of understanding morality and the virtues in terms of principles. However, the underlying assumption that this is the best approach has received almost no defence, and has been attacked by particularists, who argue that the traditional link between morality and principles is little more than an unwarranted prejudice. In Principled Ethics, Michael Ridge and Sean McKeever meet the particularist challenge head-on, and defend a distinctive view they call "generalism as a regulative (...) ideal.". (shrink)

This paper offers a general model of substantive moral principles as a kind of hedged moral principles that can (but don't have to) tolerate exceptions. I argue that the kind of principles I defend provide an account of what would make an exception to them permissible. I also argue that these principles are nonetheless robustly explanatory with respect to a variety of moral facts; that they make sense of error, uncertainty, and disagreement concerning moral principles and their implications; and that (...) one can grasp these principles without having to grasp any particular list of their permissibly exceptional instances. I conclude by pointing out various advantages that this model of principles has over several of its rivals. The bottom line is that we should find nothing peculiarly odd or problematic about the idea of exception-tolerating and yet robustly explanatory moral principles. (shrink)

This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

This book introduces the reader to ethics by examining a current and important debate. During the last fifty years the orthodox position in ethics has been a broadly non-cognitivist one: since there are no moral facts, moral remarks are best understood, not as attempting to describe the world, but as having some other function - such as expressing the attitudes or preferences of the speaker. In recent years this position has been increasingly challenged by moral realists who maintain that there (...) are moral facts; there is a truth of the matter in ethics, which is independent of our views, and which we seek to discover. Unfortunately much of this interesting debate found in the work of McDowell, Wiggins, Putnam, Blackburn and others is not easily accessible to undergraduates. McNaughton presents many of the major issues in ethics by way of a clear exposition of both sides of this argument and assumes no prior knowledge of philosophy. Topics discussed include: moral observation, moral motivation, amoralism and wickedness, moral weakness, cultural relativism and utilitarianism. The book concludes that a convincing case can be made out for a radical form of moral realism in which moral virtue is found, not in the following of correct moral principles, but rather in the development of moral sensitivity. Moral Vision is a clear and engaged introduction to an important, and often troubling, debate. (shrink)