Accounts of good legislative process require a prior understanding of the features that make laws good. Yet many contemporary discussions of ways to improve legislative process say little about the quality of laws. Although it is widely taken as read that laws should not be unjust, too little is said about the importance of their being comprehensible and ascertainable, or about the requirements they set being feasible for those who are to comply. It is unclear whether certain widely discussed ways (...) of improving legislative process, such as further secondary legislation, codes and guidance, or further (pre or post) legislative scrutiny will yield better laws. Much UK legislation creates problems not because it is unjust, but because far from providing the 'established, settled, and known law' that John Locke thought essential for civil society, it provides a churn of voluminous, temporary, complex and obscure law: in effect, unknown law openly arrived at. (shrink)
abstract Normative argument is supposed to guide ways in which we might change the world, rather than to fit the world as it is. This poses certain difficulties for the notion of applied ethics. Taken literally the phrase 'applied ethics' suggests that principles or standards with substantial philosophical justification, in particular ethical and political principles with such justification, are applied to particular cases and guide action. However, the 'cases' which applied ethics discusses are themselves indeterminate, and the relation of principles (...) to these 'cases' differs from the relation of principles to cases in naturalistic, truth-oriented inquiry. Writing in 'applied ethics', I shall argue, does not need elaborate case histories or scenarios, since the testing points for normative principles are other normative principles rather than particular cases. Normative principles and contexts to which they are applicable are indeed needed for any reasoning that is practical, but they are not sufficient. Practical ethics needs principles that can not merely be applied in certain cases or situations, but also enacted in certain ways, and requires an account of practical judgement and of the public policies that support that judgement. (shrink)
Kant challenges the well-worn view that practitioners do not need to rely on theory. He acknowledges that experts with a deep knowledge of theory may fail as practitioners both in technical matters, and in matters of morality and justice. However, since action-guiding theories are intended to shape rather than to fit the world, practitioners have no point of reference other than the theories or principles that they seek to enact. If theories of duty appear to offer too little guidance for (...) action, they should look for more rather than fewer principles, which will enable them to guide their practical judgement with greater, if still incomplete, specificity. Key Words: direction of fit • expertise • judgement • Kant • practice. (shrink)
Norms are apt for reasoning because they have propositional structure and content; they are practical because they aim to guide action, rather than to describe aspects of the world. These two features hold equally of norms construed sociologically as the norms of specific social groups, and of norms conceived abstractly as principles of action. On either view, norms are indeterminate while acts are particular and determinate. Consequently norms cannot fully specify which particular act is to be done. Are they then (...) not genuinely action-guiding unless supplemented by practical judgment? Yet accounts of practical judgement are often thin, sometimes seeing it as blind, unreasoned `picking' of one rather than another enactment of a norm. However, on another view practical judgement carries the substantive task of seeking ways of acting that satisfy a plurality of norms, which can be both reasoned and practical. Key Words: direction of fit • judgement • moral conflict • norms • practical principles • remainders. (shrink)
Both consequentialist and non-consequentialist ethical reasoning have difficulties in accounting for the value of consequences. Taken neat, consequentialism is too fierce in its emphasis on success and disregard of luck, while non-consequentialism seemingly over-values inner states and undervalues actual results. In Uneasy Virtue Julia Driver proposes a form of objective consequentialism which claims that characters are good if they typically (but not invariably) produce good results. This position addresses the problems moral luck raises for consequentialism, but requires some form of (...) realism about traits of character. However, if our knowledge of mental states is ascriptive, this form of objective consequentialism may make excessive demands. Non-consequentialists may gain in so far as the theories of action to which they are typically committed are less demanding, and are built to take account of the typical or systematic connections between states of character and results of action. (shrink)
Conceptions of individual autonomy and of rational autonomy have played large parts in twentieth century moral philosophy, yet it is hard to see how either could be basic to morality. Kant's conception of autonomy is radically different. He predicated autonomy neither of individual selves nor of processes of choosing, but of principles of action. Principles of action are Kantianly autonomous only if they are law-like in form and could be universal in scope; they are heteronomous if, although law-like in form, (...) they cannot have universal scope. Puzzles about claims linking morality, reason and autonomy are greatly reduced by recognising the distinctiveness of Kantian autonomy. (shrink)
Why has autonomy been a leading idea in philosophical writing on bioethics, and why has trust been marginal? In this important book, Onora O'Neill suggests that the conceptions of individual autonomy so widely relied on in bioethics are philosophically and ethically inadequate, and that they undermine rather than support relations of trust. She shows how Kant's non-individualistic view of autonomy provides a stronger basis for an approach to medicine, science and biotechnology, and does not marginalize untrustworthiness, while also explaining why (...) trustworthy individuals and institutions are often undeservingly mistrusted. Her arguments are illustrated with issues raised by practices such as the use of genetic information by the police or insurers, research using human tissues, uses of new reproductive technologies, and media practices for reporting on medicine, science and technology. Autonomy and Trust in Bioethics will appeal to a wide range of readers in ethics, bioethics and related disciplines. (shrink)
In the last 25 years writing in bioethics, particularly in medical ethics, has generally claimed that action is ethically acceptable only if it receives informed consent from those affected. However, informed consent provides only limited justification, and may provide even less as new information technologies are used to store and handle personal data, including personal genetic data. The central philosophical weakness of relying on informed consent procedures for ethical justification is that consent is a propositional attitude, so referentially opaque: consent (...) is given to specific propositions describing limited aspects of a situation, and does not transfer even to closely related propositions. Assembling genetic data in databases creates additional difficulties for ethical justification. This is not because genetic information is intrinsically exceptional, but because the merger of genetic and information technologies make it possible to assemble massive quantities of complex information that defeat individuals' best efforts to grasp what is at stake, or to give or withhold informed consent. The future agenda for bioethics will need to take account of both these limitations of appeals to informed consent. (shrink)
Towards Justice and Virtue challenges the rivalry between those who advocate only abstract, universal principles of justice and those who commend only the particularities of virtuous lives. Onora O'Neill traces this impasse to defects in underlying conceptions of reasoning about action. She proposes and vindicates a modest account of ethical reasoning and a reasoned way of answering the question 'who counts?', then uses these to construct linked accounts of principles by which we can move towards just institutions and virtuous lives.
Two centuries after they were published, Kant's ethical writings are as much admired and imitated as they have ever been, yet serious and long-standing accusations of internal incoherence remain unresolved. Onora O'Neill traces the alleged incoherences to attempts to assimilate Kant's ethical writings to modern conceptions of rationality, action and rights. When the temptation to assimilate is resisted, a strikingly different and more cohesive account of reason and morality emerges. Kant offers a "constructivist" vindication of reason and a moral vision (...) in which obligations are prior to rights and in which justice and virtue are linked. O'Neill begins by reconsidering Kant's conceptions of philosophical method, reason, freedom, autonomy and action. She then moves on to the more familiar terrain of interpretation of the Categorical Imperative, while in the last section she emphasizes differences between Kant's ethics and recent "Kantian" ethics, including the work of John Rawls and other contemporary liberal political philosophers. (shrink)
Maclntyre's refurbishing of Aristotelian ethics aims to restore both intelligibility and rationality to moral discourse. In After Virtue he concentrates on showing how intelligible action requires that lives be led within institutional and cultural traditions. But he does not offer a developed account of practical reason which could provide grounds for seeking some rather than other intelligible continuations of lives and traditions. Despite Maclntyre's criticisms of Kant's ethics, a Kantian account of practical reasoning may complement his account of intelligibility. An (...) appropriate interpretation of Kantian ethics is outlined, which escapes Maclntyre's criticisms, allows both for the universal character of basic moral principles and for the historical variability of intelligible action, and which makes moral worth or virtue the centre of the moral life. The refurbishing of Aristotelian ethics may be achieved by a Kantian completion. (shrink)
This article examines Nozick's claim (in Anarchy, State and Utopia) to have shown that a commitment to individual liberties requires acceptance of full capitalist property rights. The main gap in Nozick's argument is that he fails to show how individuals can become entitled to full control over previously unheld resources. Nozick draws on Locke's view that title is acquired by ?mixing one's labour?. But he excises certain (dubious) premisses on which Locke's theory relies and provides no alternative grounds for thinking (...) that the labourer is entitled to full control over his product. (shrink)
