Normative Ethics

In this article, I offer a reading of On Liberty II which focuses on the structural features of the argument that Mill presents. Mill's argument, I suggest, is grounded on an appeal to the value of truth, and is divided into three sub-arguments, treating true, false and partially true opinion respectively. In section 1, I consider what constraints the teleological orientation of Mill's argument places on the case he makes, before examining in section 2 what the division of Mill's argument (...) into three exhaustive sub-arguments tells us about the nature of ‘discussion’ as Mill uses the term. I go on, in section 3, to suggest that although On Liberty II does not offer a defence of free speech in the broad sense in which the term is often now used, we should be optimistic about the chances of finding such a defence in On Liberty III. (shrink)

To consequentialize a deontological moral theory is to give a theory which issues the same moral verdicts, but explains those verdicts in terms of maximizing or satisficing value. There are many motivations for consequentializing: to reconcile plausible ideas behind deontology with plausible ideas behind consequentialism, to help us better understand deontological theories, or to extend deontological theories beyond what intuitions alone tell us. It has proven difficult to consequentialize theories that allow for moral dilemmas or that deny that “ought” implies (...) “can.” This article argues that the problem is best solved by allowing impossible actions as inputs into consequentializations. It shows that all other approaches that have been advocated are inadequate. It also argues that progress in consequentialization, and in formal ethics more generally, requires thinking about more than just wrongness and permissibility; we should think about contrary-to-duty obligations and degrees of wrongness as well. (shrink)

Several recent formulations of Rule Consequentialism have broken with the consensus that RC should be formulated in terms of code acceptance, claiming instead that RC should focus on the consequences of codes' being taught. I begin this article with an examination of the standard case for acceptance formulations. In addition to depending on the mistaken assumption that compliance and acceptance formulations are the only options, the standard case claims advantages for acceptance formulations that, upon closer examination, favor teaching formulations. In (...) the remainder of the article, I defend this new teaching-centered approach against some recent criticisms. I argue that preoccupation with the somewhat technical problem of identifying the best criterion for making choices under conditions of uncertainty has distracted rule consequentialists from paying more careful attention to the advantages and disadvantages that result from decisions concerning where they locate RC's stipulated assumptions within the theory. (shrink)

I consider whether Mill intends for us to see the arguments that constitute his defense of the “Liberty of Thought and Discussion” in chapter 2 of On Liberty as a part of his larger case for the “harm” or “liberty” principle. Several commentators depict this chapter as a digression that interrupts the flow between his introduction of this principle in the first chapter and his exposition and defense of it in the final three. I will argue instead for a reading (...) of On Liberty on which chapter 2 is well integrated with the rest of the essay and is in fact where Mill starts constructing his case for LP. (shrink)

Many egalitarians incorporate a concern for interpersonal welfare inequality as part of their favored axiology – that is, they take it to be a bad-making feature of outcomes. It is natural to think that, if inequality is in this sense a bad, it is an impersonal bad. This natural thought has been challenged. Some writers claim that egalitarian judgments can be accommodated by adopting an expanded view of a person's good, according to which being worse off than others is one (...) of the factors that, in itself, makes one's life go worse. The putatively impersonal bad of inequality is thereby “dispersed” among individuals. I argue that this dispersion strategy fails. In a slogan: if you care about inequality, do not disperse it. (shrink)

This article advocates employing John Stuart Mill's harm principle to set the boundary for unregulated free speech, and his Greatest Happiness Principle to regulate speech outside that boundary because it threatens unconsented-to harm. Supplementing the harm principle with an offense principle is unnecessary and undesirable if our conception of harm integrates recent empirical evidence unavailable to Mill. For example, current research uncovers the tangible harms individuals suffer directly from bigoted speech, as well as the indirect harms generated by the systemic (...) oppression and epistemic injustice that bigoted speech constructs and reinforces. Using Mill's ethical framework with an updated notion of harm, we can conclude that social coercion is not justified to restrict any harmless speech, no matter how offensive. Yet certain forms of speech, such as bigoted insults, are both harmful and fail to express a genuine opinion, and so do not deserve free speech protection. (shrink)

This article aims to reconstruct a Millian argument for protecting a broad artistic freedom, as well as to delineate the exceptional cases in which censorship of works of art might be justified. Mill's On Liberty offers two lines of reasoning that might be used to defend the widest possible artistic freedom. The first is Mill's defense of freedom of speech in chapter 2, although this would apparently still allow for censoring art that serves to instigate harm. The second is his (...) defense of “experiments in living” in chapter 3, but this might allow for censoring the exhibition or publication of artworks that constitute “offences against decency.” While this Millian doctrine on artistic freedom provides guidelines for coping with difficult cases in arts management, its limitations highlight the peculiarities of the arts and literature in relation to freedom and censorship. (shrink)

Rowan Cruft offers an addressive account of directed duties and claim-rights. He claims that the direction of a duty is constituted by two requirements of address between the parties: the right holder must conceive of the action as `to be done to me’ and the duty bearer must conceive of it as to be ‘done to you’. Cruft also argues against accounts of direction and claim-rights that reduce the relation between the parties to nonrelational facts. One such reductive account is (...) the justificatory interest theory. Cruft argues that social authorities can create conventional claim-rights freely, without any constraint imposed by the right holder’s interests. I raise an antecedence objection against the addressive theory as an account of direction. I then argue against Cruft’s claim that conventional claim-rights can be created independently of the right holder’s interests. I conclude that scepticism about the viability of a nonreductive theory of direction is warranted. (shrink)

I present an interpretation of ideal theory that is grounded in the idea of society as a fair scheme of cooperation, which Rawls describes as the most fundamental idea of justice as fairness. A key element of the Rawlsian idea of cooperation, I claim, is that the individual participants of a genuinely cooperative scheme—whatever its scale—are morally accountable to each other for complying with the scheme’s rules. This means that each participant has the moral standing to demand of the others (...) that they comply with the rules. I argue that the logic of these moral demands requires that the scheme’s rules be worked out on the basis of a strict compliance assumption. In justice as fairness, society as a whole is a grand scheme of cooperation. The principles of justice constitute the moral terms of association for this cooperative scheme, and hence define the moral demands that citizens, as such, may make of one another. Thus, these principles of justice must likewise be worked out on the basis of a strict compliance assumption. I contrast this interpretation with the standard telic alternative, which grounds the strict compliance assumption in its role as part of the theory of a realistic utopia, and argue for the possibility of non-utopian ideal theories. (shrink)

James Bohman proposes a republican conception of epistemic injustice as an alternative to Miranda Fricker’s virtue theoretical account. The key element in Bohman’s approach is the concept of domination, one of the central concepts in republican political theory more generally. He claims that all cases of epistemic injustice involve forms of domination, and that institutional mechanisms of non-domination are accordingly necessary to remedy epistemic injustice. I agree with Bohman that there are important connections between domination and epistemic injustice. Nevertheless, I (...) am not persuaded by his characterisation of these connections. I briefly set out Bohman’s account of domination and then critically discuss three interpretations of the relationship between domination and epistemic injustice suggested by his discussion. (shrink)

Compromise is an inescapable part of human coexistence, from the mundane choices of domestic life to the grand stage of world politics. Notwithstanding its ubiquity, compromise raises a number of philosophical puzzles. One kind of problem is conceptual: what is compromise, and how might it differ from similar social phenomena, such as consensus and bargaining? A second kind of problem concerns the murky ethics of compromise, particularly on matters of moral significance. Compromise may have a salutary role in facilitating cooperation, (...) but it can also involve the sacrifice or betrayal of important values. Can there be moral reasons for genuine moral compromise and, if so, what form might they take? Similarly, are there any limits to moral compromise, or are all moral commitments ultimately subject to negotiation? (shrink)

A powerful objection to civil marriage claims that it violates the principle of liberal neutrality because the institution implies state endorsement of matrimony as an ideal type of personal relationship. The chapter argues that this neutrality objection is cogent only if certain empirical conditions fail to be met. These conditions concern both the nature and the effects of the social norms that stipulate the intentions and beliefs necessary for good faith entrance into marriage. In certain circumstances, the presumptively permanent nature (...) of marital relationships supports a cogent justification of civil marriage without any implication of state endorsement of the matrimonial ideal. (shrink)

Leif Wenar’s kind-desire theory states that an individual holds a claim-right against an agent only because she has reason to desire, as a member of a particular social or natural kind, that the agent fulfil his duty. He argues that the kind-desire theory is superior to the interest theory of claim-rights, which states that an individual holds a claim-right against an agent only because his duty is in some manner beneficial to her. I compare the merits of the kind-desire theory (...) and a justificatory interest theory, and argue that the kind-desire theory does not satisfy two conditions for a satisfactory analysis of claim-rights as well as this justificatory interest theory. (shrink)

In this brief article I reflect on our culture's moral ambiguity, as reflected in the popularity of such shows as The Sopranos, and argue for the need for a morally attuned philosophical education to address it.

In this paper, I defend the view that self-deception is a moral failure. Instead of saying that self-deception is bad because it undermines our moral character or leads to morally deleterious consequences, as has been argued by Butler, Kant, Smith, and others, I argue the distinctive badness of self-deception lies in the tragic relationship that it bears to our own values. On the one hand, self-deception is motivated by what we value. On the other hand, it prevents us from valuing (...) those things properly. I argue that we owe it ourselves to take seriously our own values, by striving to properly value them. This gives us both prudential and moral reasons to avoid self-deception. (shrink)

A hard choice is a situation in which an agent is unable to make a justifiable choice from a given menu of alternatives. Our objective is to present a systematic treatment of the axiomatic structure of such situations. To do so, we draw on and contribute to the study of choice functions that can be indecisive, i.e., that may fail to select a non-empty set for some menus. In this more general framework, we present new characterizations of two well-known choice (...) rules, the maximally dominant choice rule and the top-cycle choice rule. Together with existing results, this yields an understanding of the circumstances in which hard choices arise. (shrink)

Even though co‐parenthood is one of the most significant close personal relationships that people can have, there is relatively little philosophical work on the moral duties that co‐parents owe each other. This may be due to the increasingly questionable assumption, still common in our societies, that co‐parenthood arises naturally from marriage or romantic coupledom and thus that commitment to a co‐parent evolves from a commitment to a marital or romantic partner. In this article, we argue that co‐parenthood should be seen (...) as a relationship in its own right, which generates specific moral duties. Co‐parents should come to explicit agreements with each other regarding the most important areas of potential conflict between them. Such agreements may have to be renegotiated over time. We explore some possible non‐negotiable co‐parental duties such as the duties not to alienate the child from the other parent(s) and not to trap a co‐parent in a particularly vulnerable situation. We consider some legal and societal implications of our argument and, finally, suggest some pragmatic benefits of our proposal. (shrink)

Is the notion of grounding arguably prevalent throughout moral philosophy the same as that found in metaphysics? Selim Berker has argued it is. This, he claims, has a ‘surprising’ consequence: many central claims in normative ethics become claims within both normative ethics and meta-ethics. I argue that whatever important consequences the unity of grounding may have for moral philosophy, it does not, pace Berker, entail anything significant regarding the relationship between normative ethics and meta-ethics.

We live in a liberal, pluralistic, largely secular society where, in theory, there is fundamental protection for freedom of conscience generally and freedom of religion in particular. There is, however, both in statute and common law, increasing pressure on religious believers and conscientious objectors (outside wartime) to act in ways that violate their sincere, deeply held beliefs. This is particularly so in health care, where conscientious objection is coming under extreme pressure. I argue that freedom of religion and conscience need (...) to be put on a sounder footing both legislatively and by the courts, particularly in health care. I examine a number of important legal cases in the UK and US, where freedom of religion and conscience have come into conflict with government mandates or equality and anti-discrimination law. In these and other cases we find one of two results: either the conscientious objector loses out against competing rights, or the conscientious objector succeeds, but due to what I consider unsound judicial reasoning. In particular, cases involving cooperation in what the objector considers morally impermissible according to their beliefs have been wrongly understood by some American courts. I argue that a reasonable theory of cooperation incorporated into judicial thinking would enable more acceptable results that gave sufficient protection to conscientious objectors without risking a judicial backlash against objectors who wanted to take their freedoms too far. -/- I also venture into broader, more controversial waters concerning what I call freedom of dissociation – the fundamental right to withdraw from associating with people, groups, and activities. It is no more than the converse of freedom of association, which all free societies recognise as a basic right. How far should freedom of dissociation go? What might society be like if freedom of dissociation were given more protection in law than it currently has? It would certainly give freedom of religion and conscience a substantial foundation, but it could also lead to discriminatory behaviour to which many people would object. I explore some of these issues, before going back to the narrower area of freedom of conscience and religion in health care, making some proposals about how the law could strengthen these basic pillars of a liberal, free society. (shrink)

One prominent welfarist axiology, critical-level utilitarianism, says that individual lives must surpass a specified ‘critical level’ in order to make a positive contribution to the comparative status of a given population. In this article I develop a new dilemma for critical-level utilitarians. When comparatively evaluating populations composed of different species, critical-level utilitarians must decide whether the critical level is a universal threshold or whether the critical level is a species-relative threshold. I argue that both thresholds lead to a range of (...) axiological puzzles and objections as yet undiscussed within the literature, and therefore conclude that critical-level utilitarianism should not be taken as a morally plausible welfarist axiology. I show that certain competitive formulations of critical range utilitarianism are subject to the argument too, and that further attempts to relativise critical levels to a particular group or category of welfare bearer are unsustainable. (shrink)

What a person is doing often depends on that person’s thought about what they are doing, or about the wider circumstances of their action. For example, whether my killing is murder or manslaughter depends, in part, on whether I understand that what I am doing is killing you, and on whether I understand that my killing is unjustified. Similarly, if I know that the backpack I am taking is yours, then my taking it may be an act of theft; but (...) it is not theft if I simply mistook your backpack for my own. And if I don’t know that in signing a document I’m promising to do some thing, then in signing it I’m not promising to do this at all. -/- According to Elizabeth Anscombe, a central task of philosophical psychology is to articulate this dependency of action on thought. And in a range of papers published during the 1960s, Anscombe sought to elucidate various aspects of this dependency. In this paper we give a systematic overview of how Anscombe understands this dependency, and in the process reveal the conceptual framework underlying Anscombe’s thinking about perception, desire, intention, voluntariness, responsibility, guilt, and sin. (shrink)

According to some critics of liberal individualism, it is fundamentally problematic that individualists focus on rights instead of community and on decision-making processes instead of substantial goods. Among other things, it is claimed that liberal individualism therefore fails to provide meaning to people’s lives. The view has recently gained momentum as it has been incorporated in novel conservative and nationalist arguments. This article presents an individualist theory of meaning in response to a recent nationalist reiteration of the critique. The theory (...) is that a continuous pursuit of self-endorsement by a perfected, liberal, version of oneself provides purpose and direction in life. This allows the individual to be the ultimate arbiter in meaning-building matters, as the theory locates meaning in the individual’s decision-making processes rather than in factors external to her. The theory acknowledges the interdependence of human beings but remains loyal to the view that the value of the individual generally trumps competing values, such as that of the collective. (shrink)

Polish translation (from Russian) of the Vasily Sesemann's article "Socrates and the problem of self-knowledge". -/- Translation source: В. Э. Сеземан, Сократ и проблема самопознания, w: Евразийский временник (Евразийское книгоиздательство: Berlin, 1925), księga 4, 224–267.

The aim of this paper is to argue that lying differs from mere misleading in a way that can be morally relevant: liars commit themselves to something they believe to be false, while misleaders avoid such commitment, and this difference can make a moral difference. Even holding all else fixed, a lie can therefore be morally worse than a corresponding misleading utterance. But, we argue, there are also cases in which the difference in commitment makes lying morally better than misleading, (...) as well as cases in which the difference is not morally relevant. This view conflicts with the two main positions philosophers have defended in the ethics of lying and misleading, which entail either that lying is in virtue of its nature worse than misleading or that there is no morally relevant difference between lying and misleading. (shrink)

In this paper I argue that individuals are, prior to the existence of just institutions requiring that they do so, bound as a matter of global distributive justice to restrict their use, or share the benefits fairly of any use beyond their entitlements, of the Earth’s capacity to absorb greenhouse gases (EAC) to within a specified justifiable range. As part of the search for an adequate account of climate morality, I approach the task by revisiting, and drawing inspiration from, two (...) prominent models from classical political philosophy for thinking about norms (rights, permissions, limits, etc.) regarding “pre-institutional” appropriation of unowned resources; Locke and Kant, respectively. The basic resources they develop—connected to fundamental norms of equality and rights to self-preservation and freedom—in order to generate their particular schema for distributive shares prior to the existence of just institutions can be usefully and plausibly connected up with the scarce, valuable, rival, non-excludable, global, and unowned resource that is EAC in order to undergird a picture of individual climate duties in the contemporary world. It is a picture that comes with some fairly radical implications, especially for the well-off. (shrink)

Claudia Card had a long and distinguished career as a philosopher that began at a time when being a woman in philosophy was not an easy matter and ended much too soon with her passing in 2015. Starting with her first and still widely-cited article, “On Mercy,” she published ten monographs and edited volumes and nearly 150 articles and reviews on topics in moral, social, and political philosophy. She is is most widely known for her influential work in analytic feminist (...) philosophy and on evil. She was a pioneer in feminist and lesbian philosophy whose trailblazing work has influenced generations of philosophers; and in her 25 articles and two monographs on evil and evils such as rape, domestic violence, child abuse, war, terrorism, and genocide, she proposed a new way of understanding evil that made a profound contribution to philosophical thinking about these topics. This volume brings together eleven of her articles, including seven essays on war, genocide, and evil, and four essays on topics in feminist ethics. In addition, the volume includes nine essays by other authors that explore and expand upon Card’s philosophical legacy. This unique volume combines Card’s own mature voice with the best in recent scholarship on issues central to her own philosophical concerns. (shrink)

This article has two main aims. First, it will defend an ‘attitudinal’ account of pleasure, that is, an account of what it is that makes an experience pleasurable for a subject that explains it in terms of a certain kind of de re desire that the subject has towards that experience. Second, in doing so, the article aims to further our understanding of unconscious desires, and of what the subjects of such desires can be. The article begins by introducing two (...) existing accounts of what makes an experience pleasurable. It then offers a diagnosis of a recent objection to attitudinal accounts from Bramble and existing responses from attitudinal theorists, arguing that the two positions are currently at a stalemate. After this, I argue for the possible existence of unknowable and unconscious de re desires, and show how such desires provide the best defence of such ‘attitudinal’ accounts. (shrink)