In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

The authors of the preceding articles1 raise legitimate questions about patient and staff rights and the unintended consequences of allowing ABC News to film inside teaching hospitals. We explain why we regard their fears as baseless and not supported by what we heard from individuals portrayed in the filming, our decade-long experience making medical documentaries, and the full un-aired context of the scenes shown in the broadcast. The authors don’t and can’t know what conversations we had, what documents we (...) reviewed, and what protections we put in place in each televised scene. Finally, we hope to correct several misleading examples cited by the authors as well as their offhand mischaracterization of our program as a “reality” show. (shrink)

In this collection, a leading sociologist brings his distinctive method of social criticism to bear on some of the most significant ideas, political and social events, and thinkers of the late twentieth century. In the first section, the author examines several concepts that have figured prominently in recent political-ideological controversies: capitalism, rationality, totalitarianism, power, alienation, left and right, and cultural relativism/ multiculturalism. He considers their origins, historical shifts in their meaning and the myths surrounding them, and their resonance beyond their (...) formal definitions. The second section highlights the author's lifelong interest in the relation of intellectuals to social classes and institutions. The author assesses the notion of a 'New Class', considers the implications for class structure of the increasing centring of intellectual life in the university, and assesses the relation of sociology to professional jargon. (shrink)

Reasons fundamentalists maintain that we can analyze all derivative normative properties in terms of normative reasons. These theorists famously encounter the Wrong Kind of Reasons problem, since not all reasons for reactions seem relevant for reasons-based analyses. Some have argued that this problem is a general one for many theorists, and claim that this lightens the burden for reasons fundamentalists. We argue in this paper that the reverse is true: the generality of the problem makes life harder for reasons fundamentalists. (...) We do this in two stages. First, we show that reflection on the generality of the distinction between wrong-kind reasons and right-kind reasons shows that not all right-kind reasons are normative reasons. So, not only do reasons-based analyses require a distinction between right-kind reasons and wrong-kind reasons, they also need a distinction between normative right-kind reasons from nonnormative right-kind reasons. We call this the Right Kind of Reasons Problem. In the second stage of the paper, we argue that reasons fundamentalism places tight constraints on its proper solution: in particular, it forbids one from appealing to anything normative to distinguish normative RKRs from nonnormative RKRs. It hence seems that reasons fundamentalists can only appeal to natural facts to solve the problem, but it is unclear which ones can do the job. So, reflection on the generality of the distinction only multiplies the fundamentalist’s problems. We end by exploring several solutions to these problems, and recommend a form of constitutivism as the best. (shrink)

This book brings together two of the most powerful and relevant philosophical critiques of human rights: the post-colonialist and the post-Althusserian, its balanced internal structure not just throwing these two critiques together, but actually forcing them to enter into confrontation and dialogue. The book is organised in three parts: at each end, the post-colonialist and the post-Althusserian critiques are represented by some of their main thinkers, while in the middle, an American intermezzo functions as a genuine Derridian supplement: always (...) already contaminating the purity of the two theoretical schools, preventing their enclosure and, hence, fuelling and complicating further their mutual confrontation. As in any authentic dialogue, the introduction and the conclusion each claim victory for one of the sides by changing the very terms and rules of the dialogue, picturing it as a confrontation between emancipatory universalism and inefficient particularism, or as a split between hypocrisy and truth. (shrink)

An atomistic model of society leads us to address injustices in terms of individual rights, but rights are curious possessions and don't always give the protection that's needed. Examples are patient's rights, children's rights and a fetus's right to life, all of which go wrong because they assume that the subjects are independent and autonomous. This assumption often fails. Rights work where people are in a position to press them; for others they give only a (...) caricature of justice. (shrink)

Whilst some philosophical progress has been made on the ethical evaluation of playing video games, the exact subject matter of this enquiry remains surprisingly opaque. ‘Virtual murder’, simulation, representation and more are found in a literature yet to settle into a tested and cohesive terminology. Querying the language of the virtual in particular, I suggest that it is at once inexplicit and laden with presuppositions potentially liable to hinder anyone aiming to construct general philosophical claims about an ethics of gameplay, (...) for whom assumptions about the existence of ‘virtual’ counterparts to morally salient phenomena may prove untrustworthy. Ambiguously straddling the pictorial and the performative aspects of video gaming, the virtual leaves obscure the ways in which we become involved in gameplay, and particularly the natures of our intentions and attitudes whilst grappling with a game; furthermore, it remains unclear how we are to generalise across encounters with the virtual. I conclude by briefly noting one potential avenue of further enquiry into our modes of participation in games: into the differences which a moral examination of playfulness might make to ethical evaluation. (shrink)

Right- and wrong-making features ("moral grounds") are widely believed to play important normative roles, e.g. in morally apt or virtuous motivation. This paper argues that moral grounds have been systematically misidentified. Canonical statements of our moral theories tend to summarize, rather than directly state, the full range of moral grounds posited by the theory. Further work is required to "unpack" a theory's criterion of rightness and identify the features that are of ground-level moral significance. As a result, it is not (...) actually true that maximizing value is the relevant right-making feature even for maximizing consequentialists. Focusing on the simple example of utilitarianism, I show how careful attention to the ground level can drastically influence how we think about our moral theories. (shrink)

In a number of recent philosophical debates, it has become common to distinguish between two kinds of normative reasons, often called the right kind of reasons (henceforth: RKR) and the wrong kind of reasons (henceforth: WKR). The distinction was first introduced in discussions of the so-called buck-passing account of value, which aims to analyze value properties in terms of reasons for pro-attitudes and has been argued to face the wrong kind of reasons problem. But nowadays it also gets applied in (...) other philosophical contexts and to reasons for other responses than pro-attitudes, for example in recent debates about evidentialism and pragmatism about reasons for belief. While there seems to be wide agreement that there is a general and uniform distinction that applies to reasons for different responses, there is little agreement about the scope, relevance and nature of this distinction. Our aim in this article is to shed some light on this issue by surveying the RKR/WKR distinction as it has been drawn with respect to different responses, and by examining how it can be understood as a uniform distinction across different contexts. We start by considering reasons for pro-attitudes and emotions in the context of the buck-passing account of value (§1). Subsequently we address the distinction that philosophers have drawn with respect to reasons for other attitudes, such as beliefs and intentions (§2), as well as with respect to reasons for action (§3). We discuss the similarities and differences between the ways in which philosophers have drawn the RKR/WKR distinction in these areas and offer different interpretations of the idea of a general, uniform distinction. The major upshot is that there is at least one interesting way of substantiating a general RKR/WKR distinction with respect to a broad range of attitudes as well as actions. We argue that this has important implications for the proper scope of buck-passing accounts and the status of the wrong kind of reasons problem (§4). (shrink)

Investigates a complex structure of morality, the demands such morality places on individuals, and the behavioral consequences of the system of right and wrong.

Two problems about rights have received so far little attention. One is the problem of identifying a general value in the practice of rights. The second is to see when, if at all, rights violations wrong the right-holder, in a morally significant sense. In the present essay, I address the first question by investigating the second. I first show that if we commit to the two ideas, common in the contemporary philosophy of rights, that claim-rights (...) always correlate with directed duties and that rights aspire to protect interests of the right-holder, we make it hard to explain why rights violations, in general, wrong right-holders. In the final section, I present what I see as a promising solution to the puzzle. I describe a particular social environment (the society of equals) where interacting with others through rights is indeed valuable because respecting rights communicates that one takes seriously others’ equal moral status. In such a society and only in such a society, I conclude, moral agents are required to treat all rights violations as wrongs perpetrated against the right-holder. (shrink)

The fact that someone is generous is a reason to admire them. The fact that someone will pay you to admire them is also a reason to admire them. But there is a difference in kind between these two reasons: the former seems to be the ‘right’ kind of reason to admire, whereas the latter seems to be the ‘wrong’ kind of reason to admire. The Wrong Kind of Reasons Problem is the problem of explaining the difference between the ‘right’ (...) and the ‘wrong’ kind of reasons wherever it appears. In this article I argue that two recent proposals for solving the Wrong Kind of Reasons Problem do not work. I then offer an alternative solution that provides a unified, systematic explanation of the difference between the two kinds of reasons. (shrink)

Liberalism is the political philosophy of equal persons, yet liberalism has denied equality to those it saw as black sub-persons. In Black Rights/White Wrongs: The Critique of Racial Liberalism, political philosopher Charles Mills challenges mainstream accounts that ignore this history and its current legacy in the United States today.

What kind of duty do we have to try to stop other people doing wrong? The question is intelligible in just about any culture, but few of them seek to answer it in a rigourous fashion. The most striking exception is found in the Islamic tradition, where 'commanding right' and 'forbidding wrong' is a central moral tenet already mentioned in the Koran. As an historian of Islam whose research has ranged widely over space and time, Michael Cook is well placed (...) to interpret this complex subject. His book represents the first sustained attempt to map the history of Islamic reflection on this obligation. It covers the origins of Muslim thinking about 'forbidding wrong', the relevant doctrinal developments over the centuries, and its significance in Sunni and Shi'ite thought today. In this way the book contributes to the understanding of Islamic thought, its relevance to contemporary Islamic politics and ideology, and raises fundamental questions for the comparative study of ethics. (shrink)

Can we have objective knowledge of right and wrong, of how we should live and what there is reason to do? Can it be anything but luck when our moral beliefs are true? Kieran Setiya confronts these questions in their most compelling and articulate forms, and argues that if there is objective ethical knowledge, human nature is its source.

In Experiment, Right or Wrong, Allan Franklin continues his investigation of the history and philosophy of experiment presented in his previous book, The Neglect of Experiment. Using a combination of case studies and philosophical readings of those studies, Franklin again addresses two important questions: What role does and should experiment play in the choice between competing theories and in the confirmation or refutation of theories and hypotheses? How do we come to believe reasonably in experimental results? Experiment, Right or Wrong (...) makes a significant contribution to an important area in contemporary history and philosophy of science. Philosophers and historians of science, physicists, and advanced students in these areas will find much of interest in this engaging study. (shrink)

Reportedly ever since Pythagoras, but possibly much earlier, humans have been concerned about the way non human animals (henceforward “animals” for convenience) should be treated. By late antiquity all main traditions with regard to this issue had already been established and consolidated, and were only slightly modified during the centuries that followed. Until the nineteenth century philosophers tended to focus primarily on the ontological status of animals, to wit on whether – and to what degree – animals are actually rational (...) beings; accordingly they allowed – or denied – them some kind of moral standing. This modus operandi was for the first time seriously questioned by Jeremy Bentham, who put the issue on a different track. If the question, as Bentham suggested, is not if animals can think or speak, but if they can suffer1, then it seems plausible that moral agents ought to abstain from inflicting unnecessary suffering on animals; in other words, humans might have at least one – even limited – moral duty towards animals. And if this, in turn, is true, then animals should arguably be allowed the commensurate moral right, namely the right not to be inflicted unnecessary pain. Then, if animals possess this right, they could probably possess others, as well. This is how grosso modo the issue of animal rights became a pivotal part of the discussion concerning animal ethics. Bentham himself, of course, wouldn’t have gone that far; to him even the idea of human rights sounded like “simple… rhetorical nonsense upon stilts”.2 It was mostly due to his views, however, that the debate was moved from the way things actually are to the way things should ideally be – thus merging into what, in my view, should always have been: one primarily concerning ethics. (shrink)

Rights to do wrong are not necessary even within the framework of interest-based rights aimed at preserving autonomy. Agents can make morally significant choices and develop their moral character without a right to do wrong, so long as we allow that there can be moral variation within the set of actions that an agent is permitted to perform. Agents can also engage in non-trivial self-constitution in choosing between morally indifferent options, so long as there is adequate non-moral variation (...) among the alternatives. The stubborn intuition that individuals have a right to do wrong in some cases can be explained as stemming from a cautionary principle motivated by the asymmetry between the risk of wrongly interfering and that of refraining from interfering. (shrink)

Regan provides the theoretical framework that grounds a responsible pro-animal rights perspective, and ultimately explores how asking moral questions about other animals can lead to a better understanding of ourselves.

This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The (...) article then focuses on a further strength of the interest theory, brought to the fore by the new formulation. In any Western legal system, the tortious maltreatment of a child or a mentally disabled individual results in a compensatory duty. The interest theory can account for such duties in a simple and elegant way. The will theory, on the other hand, struggles to explain such compensatory duties unless it abandons some of its main tenets. (shrink)

In this essay, I explore the moral foundations of the treatment of animals. Alternative views are critically examined, including (a) the Kantian account, which holds that our duties regarding animals are actually indirect duties to humanity; (b) the cruelty account, which holds that the idea of cruelty explains why it is wrong to treat animals in certain ways; and (c) the utilitarian account, which holds that the value of consequences for all sentient creatures explains our duties to animals. These views (...) are shown to be inadequate, the Kantian account because some of our duties regarding animals are direct duties to animals; the cruelty account because it confuses matters of motive or intent with the question of the rightness or wrongness of the agent’s actions; and the utilitarian account because it could be used to justifyidentifiable speciesistic practices. I defend a fourth view. Only if we postulate basic moral rights in the case of humans, can we satisfactorily account for why it is wrong to treat humans in certain ways, and it is only by postulating that these humans have inherent value that we can attribute to them basic moral rights. Consistency requires that we attribute this same kind of value to many animals. Their havinginherent value provides a similar basis for attributing certain basic moral rights to them, including the right not to be harmed. Possession of this right places the onus of justification on anyone who would harm these animals. I set forth conditions for such a justification which those who would abuse animals have failed to meet. (shrink)

It has become increasingly common for philosophers to distinguish between objective and subjective rightness, and there has been much discussion recently about what an adequate theory of subjective rightness looks like. In this article, I propose a new theory of subjective rightness. According to it, an action is subjectively right if and only if it minimizes expected objective wrongness. I explain this theory in detail and argue that it avoids many of the problems that other theories of subjective rightness face. (...) I end by responding to some objections. (shrink)

The controversial author discusses past theories of morality, the language of right and wrong, and the principles of modern ethics.

Proceedings of the Aristotelian Society, Volume 115, Issue 3pt3, Page 307-314, December 2015.

This paperback edition is fully updated with new chapters on the livestoick crisis, fishing and BSE and a layman's guide introduction to philosophical concepts, ...

Dov Fox’s Birth Rights and Wrongs offers a largely compelling argument for expanding the scope of legal actions and remedies available to those whose reproductive choices are wrongfully frustrated by the actions of others. The dominant focus of the book is individuals who, due to the negligence and/or malice of medical professionals, suffer harms arising from reproduction imposed, denied, or confounded. A serious examination of these kinds of injuries is certainly appropriate given that medical professionals are increasingly involved (...) in individuals’ reproductive plans and that serious harms may arise when desired medical interventions are improperly implemented. I will not take issue with the general framework developed by Fox for addressing these kinds of harms. My focus here will be to show that Fox’s arguments have consequences for two kinds of cases that lie beyond the scope of those he explicitly acknowledges. The first is instances of reproductive wrongs that occur outside the confines of the patient/medical practitioner relationship. The second is claims made by children for harms suffered in virtue of being denied contact with their biological parents and/or access to identifying information about their biological parents. (shrink)

In this essay, I explore the moral foundations of the treatment of animals. Alternative views are critically examined, including the Kantian account, which holds that our duties regarding animals are actually indirect duties to humanity; the cruelty account, which holds that the idea of cruelty explains why it is wrong to treat animals in certain ways; and the utilitarian account, which holds that the value of consequences for all sentient creatures explains our duties to animals. These views are shown to (...) be inadequate, the Kantian account because some of our duties regarding animals are direct duties to animals; the cruelty account because it confuses matters of motive or intent with the question of the rightness or wrongness of the agent’s actions; and the utilitarian account because it could be used to justifyidentifiable speciesistic practices. I defend a fourth view. Only if we postulate basic moral rights in the case of humans, can we satisfactorily account for why it is wrong to treat humans in certain ways, and it is only by postulating that these humans have inherent value that we can attribute to them basic moral rights. Consistency requires that we attribute this same kind of value to many animals. Their havinginherent value provides a similar basis for attributing certain basic moral rights to them, including the right not to be harmed. Possession of this right places the onus of justification on anyone who would harm these animals. I set forth conditions for such a justification which those who would abuse animals have failed to meet. (shrink)

This essay critically explores contemporary Euro-American feminist debate on prostitution. It argues that to develop analyses relevant to the experience of more than just a small minority of “First World” women, those who are concerned with prostitution as a form of work need to look beyond liberal discourse on property and contractual consent for ways of conceptualizing the rights and wrongs of “sex work.”.

In this wide-ranging investigation of leading issues in contemporary legal and political philosophy, distinguished philosophers and legal theorists tackle issues such as the rights of animals, the role of public-policy considerations in legal reasoning, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes.

Father Williams explains how the conscience is formed through our training and experiences and informed by the Holy Spirit, making it an essential tool for daily living. He uses familiar and surprising characters to illustrate the positive choices conscience can direct--and the disaster that results when a conscience is undeveloped or ignored. Questions he tackles include "Is it more important to be smart or good?""Is there a morally right thing to do in every situation?" and "Is the Christian moral life (...) an exciting adventure, or a necessary burden?" Rich, provocative, and practical for everyday decision making, KNOWING RIGHT FROM WRONG is a must-read for all who hunger for personal holiness. (shrink)

What if what is permissible and acceptable today is anathema tomorrow? There is a whole canon of scholarly ethics books written with the express purpose of telling you what is RIGHT and what is WRONG. This is not one such book. Juan Enriquez wants to make it easier for us to talk to one another, to prod one another, to understand and guide one another without an everlasting certainty of strict RIGHT v WRONG.

Recent discussion of Scanlon's account of value, which analyses the value of X in terms of agents' reasons for having certain pro-attitudes or contra-attitudes towards X, has generated the problem (WKR problem): this is the problem, for the buck-passing view, of being able to acknowledge that there may be good reasons for attributing final value to X that have nothing to do with the final value that X actually possesses. I briefly review some of the existing solutions offered to the (...) WKR problem, including those by Philip Stratton-Lake and Jonas Olson, and offer a new, better one, which accommodates all the relevant cases presented in the literature. (shrink)

Not only does this book reflect the clarity and acuity of thought that characterize Wolterstorff's work, it also reflects the humane sensibilities of someone who has thought and felt deeply about these matters for a long time.

In this book, it is shown that moral integrity is necessary for psychological integrity and, therefore, that it is not possible to live well without living ethically. In the process of establishing this profound truth, Dr. Kuczynski explains what right and wrong are and how we know the difference between the two.

Common-sense morality divides acts into those that are right and those that are wrong, but it thinks some wrong acts are more seriously wrong than others, for example murder than breaking a promise. If an act is more seriously wrong, you should feel more guilt about it and, other things equal, are more blameworthy for it and can deserve more punishment; more serious wrongs are also more to be avoided given empirical or moral uncertainty. This paper examines a number (...) of different views about what makes for more serious wrongness and considers the possibility that this may be different for acts that violate deontological vs. consequentialist duties. It also asks whether there’s a parallel concept that admits of degrees on the side of rightness, one of being, as we can say, more importantly right. (shrink)

I argue that the strongest form of consequentialism is one which rejects the claim that we are morally obliged to bring about the best available consequences, but which continues to assert that what there is most reason to do is bring about the best available consequences. Such an approach promises to avoid common objections to consequentialism, such as demandingness objections. Nevertheless, the onus is on the defender of this approach either to offer her own account of what moral obligations we (...) do face, or to explain why offering such a theory is ill-advised. I consider, and reject, one attempt at the second sort of strategy, put forward by Alastair Norcross, who defends a 'scalar' consequentialism which eschews the moral concepts of right, wrong and obligation, and limits itself to claims about what is better and worse. I go on to raise some considerations which suggest that no systematic consequentialist theory of our moral obligations will be plausible, and propose instead that consequentialism should have a more informal and indirect role in shaping what we take our moral obligations to be. (shrink)

: This essay critically explores contemporary Euro-American feminist debate on prostitution. It argues that to develop analyses relevant to the experience of more than just a small minority of "First World" women, those who are concerned with prostitution as a form of work need to look beyond liberal discourse on property and contractual consent for ways of conceptualizing the rights and wrongs of "sex work.".

Part 1 shows that 'remedy' destabilizes analysis. It has at least five different meanings loosely grouped around the relationship between disease and medicine. In three of those meanings it is functionally synonymous with 'right', which, for all its own instabilities, ought to be preferred. Blackstone encouraged the use of 'remedy'. He stabilized it by putting 'remedies' in a particular relationship with 'wrongs'. However, he built that relationship on an unsound foundation, namely, the proposition, in which John Austin followed him, (...) that every cause of action was a wrong. Part 2 demonstrates the error of that position. The rights which courts realize arise from wrongs and from not-wrongs. The word 'remedy' cannot easily cope with not-wrongs, and its tendency is to destroy the classification of the events from which rights arise. Part 2 also concludes that the habit of thinking of the law in terms of wrongs and remedies encourages a malignant, criminal model of the civil law, here called discretionary remedialism. In that model 'rights' dissolve. Instead, 'liability', as the equivalent of guilt, invites the court to respond with an appropriate remedy, selected by itself, by way of sentence. (shrink)

In this paper I critically examine Michael Moore's views about responsibility in overdetermination cases. Moore argues for an asymmetrical view concerning actions and omissions: whereas our actions can make us responsible in overdetermination cases, our omissions cannot. Moore argues for this view on the basis of a causal claim: actions can be causes but omissions cannot. I suggest that we should reject Moore's views about responsibility and overdetermination. I argue, in particular, that our omissions (just like our actions) can make (...) us responsible in overdetermination cases. I go on to provide an account of how this may be possible. (shrink)