The term 'ethical particularist' has sometimes been used, in a broad and loose way, as a label for anyone who expresses hostility to the view that a decision about what we ought to do in some particular case can be mechanically 'read off' from a general moral principle or principles. Rather, it is urged, a correct moral verdict can only be reached by paying close attention to the individual case -- to what differentiates it from other cases as much as (...) what it has in common with them. As well as an understanding of the correct moral principles, we need fine judgement, sensitivity and even something approaching a perceptual capacity to appreciate the saliences of the circumstances in which we find ourselves. Particularism in this broad sense, which claims that a grasp of moral principles is insufficient for the correct moral appreciation of the particular case, has won many adherents in recent years. We will call this view, with which we agree, moral verdict particularism. It is a position explicitly held by intuitionists2 (and no doubt by some other moral theorists) as can be seen from Rawls' classic definition: Intuitionist theories, then, have two features: first they consist of a plurality of first principles which may conflict to give contrary directives in particular types of cases: and second, they include no explicit method, no priority rules, for weighing these principles against one another. (shrink)
This article examines the nature of rationality. The domain of rationality is customarily divided into the theoretical and the practical. Whereas theoretical or epistemic rationality is concerned with what it is rational to believe, and sometimes with rational degrees of belief, practical rationality is concerned with what it is rational to do, or intend or desire to do. This article raises some of the main issues relevant to philosophical discussion of the nature of rationality. Discussions of the nature of practical (...) rationality and reason concern norms of choice, and it seems that if such norms are not arbitrary, arguments over what those norms are must ultimately be a theoretical matter. Furthermore, this article explores rationality's role in and relation to other domains of inquiry: psychology, gender, personhood, language, science, economics, law, and evolution. (shrink)
Rationality has long been a central topic in philosophy, crossing standard divisions and categories. It continues to attract much attention in published research and teaching by philosophers as well as scholars in other disciplines, including economics, psychology, and law. The Oxford Handbook of Rationality is an indispensable reference to the current state of play in this vital and interdisciplinary area of study. Twenty-two newly commissioned chapters by a roster of distinguished philosophers provide an overview of the prominent views on rationality, (...) with each author also developing a unique and distinctive argument. (shrink)
Scanlon suggests a buck-passing account of goodness. To say that something is good is not to give a reason to, say, favour it; rather it is to say that there are such reasons. When it comes to wrongness, however, Scanlon rejects a buck-passing account: to say that j ing is wrong is, on his view, to give a sufficient moral reason not to j. Philip Stratton-Lake 2003 argues that Scanlon can evade a redundancy objection against his (Scanlon’s) view of wrongness (...) by adopting a buck-passing account of wrongness. We argue that this manoeuvre does not succeed. Scanlon’s notion of wrongness rests on the idea of a reasonably rejectable principle. As Stratton-Lake points out, Scanlon offers two accounts, one in terms of permission, the other in terms of proscription. The permission account is tricky to formulate. Scanlon’s account (quoted in Stratton-Lake 2003: 71) might suggest any of the following four formulations (where the principles in question are principles ‘governing how one may act’ (Scanlon.. (shrink)
Simon Blackburn can be seen as challenging those committed to sui generis moral facts to explain the supervenience of the moral on the descriptive. We (like perhaps Derek Parfit) hold that normative facts in general are sui generis. We also hold that the normative supervenes on the descriptive, and we here endeavour to answer the generalization of Blackburn’s challenge. In the course of pursuing this answer, we suggest that Frank Jackson’s descriptivism rests on a conception of properties inappropriate to discussions (...) of normativity, and we see reason to reject descriptivism generally. We also discuss the views of David Brink, Jonathan Dancy and Bernard Williams in this area. (shrink)
Simon Blackburn can be seen as challenging those committed to sui generis moral facts to explain the supervenience of the moral on the descriptive. We (like perhaps Derek Parfit) hold that normative facts in general are sui generis. We also hold that the normative supervenes on the descriptive, and we here endeavour to answer the generalization of Blackburn's challenge. In the course of pursuing this answer, we suggest that Frank Jackson's descriptivism rests on a conception of properties inappropriate to discussions (...) of normativity, and we see reason to reject descriptivism generally. We also discuss the views of David Brink, Jonathan Dancy and Bernard Williams in this area. (shrink)
significant role for accomplishment thereby admits a ‘Trojan Horse’ (267).1 To abandon hedonism in favour of a conception of well-being that incorporates achievement is to take the first step down a slippery slope toward the collapse of the other two pillars of utilitarian morality: welfarism and consequentialism. We shall argue that Crisp’s arguments do not support these conclusions. We begin with welfarism. Crisp defines it thus: ‘Well-being is the only value. Everything good must be good for some being or beings’ (...) (264). The first part of this definition is potentially misleading, since it makes it sound as if welfarism adopts a monistic account of value, in which well-being is the only good thing. But well-being, as Crisp notes, when discussing hedonism, is best understood as consisting in a balance of good things over bad in one’s life. So understood, welfarism is silent on the issue of what things are good; it places a structural restriction on what kinds of things can be good: they must be things that are good for beings. It is a separate task to supply the content to fit this structure by determining what things are good, and welfarists differ in their answers: hedonists traditionally assert that pleasure alone is good; others add further items such as knowledge and virtue. Why is the thought that a person’s well-being depends importantly on what they accomplish a threat to welfarism? An accomplishment is judged both by its outcome or product and by the manner of the performance itself. But an activity or outcome is only an achievement if it is worthwhile, and whether it is worthwhile will depend on whether it exhibits what Crisp asserts to be ‘non-welfarist values’ (266), such as beauty, grace, importance, or style - excellences which welfarism, in Crisp’s view, cannot accommodate because they cannot be ‘cashed out in welfarist terms’, or ‘reduced to the value of well-being’ (266). Here Crisp rests his case, but it is worth trying to get clearer about the difficulties in order to see if the welfarist can meet them.. (shrink)
There is a substantial literature on the Bayesian approach, and the application of Bayes'' theorem, to legal matters. However, I have found no discussion that explores fully the issue of how a Bayesian juror might be led from an initial "presumption of innocence" to the judgment (required for conviction in criminal cases) that the suspect is "guilty beyond a reasonable doubt". I shall argue here that a Bayesian juror, if she acts in accord with what the law prescribes, will virtually (...) never reach such a judgment. In section I, I discuss Bayesianism, Bayes'' rule and the relation between them. Section II addresses the two legal notions key to my worries about Bayesian jurors: the presumption of innocence and the reasonable doubt criterion. Section III explores what a Bayesian is to make of these notions, and how the legal system requires her to reason in their light. If I am right, there emerges a conflict between current legal prescriptions and the Bayesian approach. Section IV explores the import of this conflict and how it might be resolved. (shrink)
This paper comprises three sections. First, we offer a traditional defence of deontology, in the manner of, for example, W.D. Ross (1965). The leading idea of such a defence is that the right is independent of the good. Second, we modify the now standard account of the distinction, in terms of the agent-relative/agentneutral divide, between deontology and consequentialism. (This modification is necessary if indirect consequentialism is to count as a form of consequentialism.) Third, we challenge a value-based defence of deontology (...) proposed by Quinn (1993), Kamm (1989, 1992), and Nagel (1995). (shrink)
The two envelopes problem has generated a significant number of publications (I have benefitted from reading many of them, only some of which I cite; see the epilogue for a historical note). Part of my purpose here is to provide a review of previous results (with somewhat simpler demonstrations). In addition, I hope to clear up what I see as some misconceptions concerning the problem. Within a countably additive probability framework, the problem illustrates a breakdown of dominance with respect to (...) infinite partitions in circumstances of infinite expected utility. Within a probability framework that is only finitely additive, there are failures of dominance with respect to infinite partitions in circumstances of bounded utility with finitely many consequences (see the epilogue). (shrink)
