In Morals by Agreement, David Gauthier tries to provide a justification of morality from morally neutral premises within the constraints of an instrumental conception of reason. But his reliance on this narrow conception of reason creates problems, for it suggests that moral motivation is self-interested. However, Gauthier holds that to act morally is to act for the sake of morality and others, not oneself. An individual who so acts has what he calls an affective capacity for morality. He attempts to (...) reconcile the tension between the self-interested account of moral behaviour and the affective capacity for morality by showing that the latter could develop from the former without violating the constraints of instrumental rationality. I argue, first, that his account is incomplete and assumes what it has to demonstrate; and, second, that this cannot be remedied with any plausibility. Finally, I argue that Gauthier covertly relies on a substantive claim about human good that is inconsistent with the instrumental conception of reason. (shrink)

The paper clarifies what is at stake in the theory/antitheory debate in ethics and articulates the distinctive core of the method of reflective equilibrium which distinguishes it from a generic coherence constraint. I call this distinctive core 'maieutic reflection'. The paper then argues that if she accepts constructivist views in metaethics, a proponent of the method of reflective equilibrium will be committed to the existence of a moral theory.

This paper sketches a right-maker account of normative practical reasons along functionalist lines. The approach is contrasted with other similar accounts, in particular John Broome's analysis of reasons as explanations of oughts.

Theories of rights seem well equipped to explain widely accepted claims about the morality of harming. But can they explain popular claims about the morality of imposing risks of harm? Many think not. But a plausible theory of rights can explain those claims if it says we have the right that others not impose risks of harm upon us. That is a good reason to believe we have that right. There are many objections to the claim that we have that (...) right, but none of them are sound. Among the topics covered are: the permissibility of rights infringements, trivial rights infringements, the permissibility of risk impositions, the aggregation of rights, consent, self-defense, punishment, and compensation. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, it becomes (...) clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

In this paper, I argue against a perceptual model of moral epistemology. We should not reject the claim that there is a sense in which, on some occasions, emotions may be said to be perceptions of values or reasons. But going further than this, and taking perception as a model for moral epistemology is unhelpful and unilluminating. By focusing on the importance of the dispositions and structures of the self to moral knowledge, I bring out important disanalogies between moral epistemology (...) and typical cases of perceptual expertise. As a result, how we gain, or fail to gain, moral knowledge should not be understood in terms of the operation of a perceptual capacity. (shrink)

This article takes a new idea, ‘normative behaviourism’, and applies it to global political theory, in order to address at least one of the problems we might have in mind when accusing that subject of being too ‘unrealistic’. The core of this idea is that political principles can be justified, not just by patterns in our thinking, and in particular our intuitions and considered judgements, but also by patterns in our behaviour, and in particular acts of insurrection and crime. The (...) problem addressed is ‘cultural relativism’, understood here not as a meta-ethical doctrine, but as the apparent ‘fact’ that people around the world have culturally varying intuitions and judgements of a kind that lead them to affirm different political principles. This is a problem because it seems to follow (1) that global agreement on any substantial set of political principles is impossible, and (2) that any political theory in denial of this ‘fact’ would be, for that reason, deeply unrealistic. The solution argued for here is that, if domestic political principles (i.e. principles intended to regulate a single state) could be justified by normative behaviourism, and in reference to culturally invariant behaviour, then an international system supportive of such principles is justifiable by extension. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. My enquiry into this topic comprises three parts. In this first part, I raise the issue of the reflexivity of justification and question whether the reflexive challenge can be met within the framework of A Theory of Justice. (shrink)

L'hypothèse qui guide le présent article est que les méthodes et techniques de dérivation ou de modélisation utilisées en éthique contemporaine, ont une incidence sur les contenus proprement moraux de la théorie morale ; vues comme de simples outils à l'usage du philosophe moral, elles agissent en fait comme des sources de normativité morale. Cette hypothèse n'est pas une simple reformulation de l'idée voulant qu'il existe, au sein de la théorie morale, un rapport entre explication et justification ou entre méta-éthique (...) et éthique. Pour le montrer, je m'appuierai d'abord sur une caractéristisation générale de ces composantes de la théorie morale et des rapports qu'elles entretiennent entre elles. Dans un deuxième temps j'arguerai que l'usage d'outils méthodologiques particuliers peut avoir une incidence sur les contenus moraux proprement dits. Pour caractériser cette incidence et en décrire les mécanismes, je ferai d'abord appel à une approche pragmatique de l'explication, puis je donnerai deux exemples, tirés de la philosophie morale contemporaine, et illustrant le fait que certains contenus moraux ainsi introduits échappent de fait à une justification en bonne et due forme.The central claim made in this article is that the various methodological devices used by contemporary moral philosophers in order to represent or derive moral principles affect the very moral content of their theory; seen by them as mere tools for philosophers, they in fact are sources of moral normativity. This claim is not a mere reformulation of the idea that there is within moral theory a connection between explanation and justification or between metaethics and ethics. To show that this is so, I first give a general characterization of the various components of moral theory and of their relationships. I then argue that the use of particular methodological devices affect the very moral content of the theory. To characterize such incidence and its mechanisms, I first appeal to a pragmatic conception of explanation and, finally, I discuss two examples from contemporary moral theory showing that substantive moral claims so introduced, in fact fail to be justified. (shrink)

Are Confucian and Buddhist ethical views closer to Kantian, Consequentialist, or Virtue Ethical ones? And how can such comparisons shed light on the unique aspects of Confucian and Buddhist views? This essay (i) provides a historically grounded framework for distinguishing western views, (ii) identifies a series of questions that we can ask in order to clarify the philosophic accounts of ethical motivation embedded in the Buddhist and Confucian traditions, and (iii) then critiques Lee Ming-huei’s claim that Confucianism is closer to (...) Kantianism than virtue ethics and Charles Goodman’s claim that Buddhism is closer to Consequentialism than virtue ethics. (shrink)

This paper presents criticisms of the method for moral and political philosophy known as ?reflective equilibrium? (RE), or in its fuller form ?wide reflective equilibrium? (WRE). This negative purpose has an ulterior positive aim: to set off, by favourable contrast, an alternative approach based on analogical argument as an instrument of an evolving (liberal) tradition. WRE derives from John Rawls but has been broadly endorsed. Though a meta?theory, it involves a certain way of construing liberalism. This essay's target is in (...) key part that construal. It seeks an approach to moral?political philosophy, and to liberalism in particular, that is at once rationally grounded and contextually oriented, and provides for explanation as well as justification. WRE fails on all counts, plus others. Section I presents WRE and suggests the alternative. Section II presents the critique of WRE, partly drawing on established criticisms and partly presenting new ones. Section III opposes the application suggested for WRE by (surprisingly) a critic of Rawls, M. Sandel. The preferability of the analogical alternative is demonstrated throughout. (shrink)

Ethics is of vital importance to the Swedish educational system, as in many other educational systems around the world.Yet, it is unclear how ethics should be dealt with in school, and prior research and evaluations have found serious problems regarding ethics in education.The field of moral education lacks clear and widely accepted definitions of key concepts, and these ambiguities negatively impact both research and educational practice. This thesis draws a distinction between three approaches to ethics in school – the descriptive (...) ethics approach, the value transmission approach, and the inquiry ethics approach – and studies in what way (if at all) they are prescribed by the national curriculum for the Swedish compulsory school, how they relate to students’ moral reasoning about technology choices and online behaviour, and what pedagogical merits and disadvantages they have. Hopefully, this both contributes to reducing the ambiguities of the field, and to answering the question of how ethics should be dealt with in education. The descriptive ethics approach asserts that school should teach students empirical facts about ethics, such as what views and opinions people have. The value transmission approach holds that school should mediate some set of predefined values to the students and make sure the students come to accept these values.The inquiry ethics approach is the view that school should teach students to reason and think critically about ethics and to engage in ethical inquiry. The role of ethics in the curriculum has not been studied in light of the above distinction, in prior research,and such an investigation is undertaken here.The results suggest that ethics has a prominent, but complicated, role in the Swedish national curriculum. Although no explicit distinction is drawn or acknowledged in the curriculum, all three approaches are prescribed throughout the curriculum, albeit to different degrees. In the general section of the curriculum, the value transmission and inquiry ethics approaches are more extensively prescribed than the descriptive ethics approach. It was found that most of the syllabi contained explicit references to ethics, while some only contained implicit references to ethics, and two syllabi lacked references to ethics altogether. In the syllabi, the inquiry ethics approach is the most dominant, both in the sense of being present in the most syllabi, and in the sense of being more strongly prescribed in many of the syllabi where several approaches occur.The value transmission approach has the weakest role in the syllabi. In total, the inquiry ethics approach is the approach most strongly prescribed by the curriculum. But prior research has shown that inquiry ethics is very rarely implemented in the classroom. In this thesis, it is found that the inquiry ethics and the value transmission approaches are incompatible, given certain reasonable interpretations, which makes the finding that inquiry ethics is rarely implemented less surprising, since value transmission is practiced in schools. Some possible causes, and some consequences, of this is discussed. The students, in their moral reasoning about technology choices, reasoned in accordance with several classical normative theories – including consequentialism, deontological ethics and virtue ethics – and in doing so, they expressed reasoning that in the discussion is found to be in conflict with the values of the value foundation in the curriculum. These findings complement earlier findings, for example that students in their actions contradict the value foundation, by adding that such conflicts also exist in their reasoning. The existence of these conflicts is found to be problematic for a value transmission approach. Many of the students defended very restrictive views on disclosing personal information online, and prior research as well as the present data has shown that adults typically hold views that are very similar to these, concerning how they think that young people ought to act online. On the other hand, youths’ actual online behaviour, as reported in earlier studies, differs considerably from this. In line with this, the students also seemed to endorse a form of private morals view, according to which moral choices are simply up to one’s own taste, which would yield an escape exit from the restrictive views mentioned above, and permit any behaviour. In the discussion, it is argued that this is the result of an attempt at value transmission from the grown-up community, probably including teachers, which might seem to work, since the students claim to hold certain views, but which likely instead constitutes a false security, since these values are not actually accepted, but only paid lip service to, and the adults are therefore wrong in their belief that the students are protected by a certain set of values (that they think the students are upholding), since the students in fact do not uphold, and therefore do not act based upon, these values. This situation risks making the students more vulnerable than had no value transmission attempt been taken in the first place. Hence, the attempted value transmission runs the risk of counteracting its purpose of helping the students acquire a safe online behaviour. Throughout the moral reasoning mentioned above, extensive variations in the students’ reasoning were found, both interpersonally and intrapersonally, both in the decision method and in the rightness criterion dimensions, as well as in between the dimensions.The existence of such variations is a novel finding, and while possible applications in future research are discussed, it is also noted that this existence constitutes a reason to question the successfulness of both the value transmission and the inquiry ethics endeavours of the educational system. The results and discussions described above highlight the importance of investigating the merits of the different approaches. Several arguments that arise from the material of this thesis are presented, evaluated and discussed. The ability of each approach to fulfil some alleged key aims of ethics education is scrutinised; their abilities to educate for good citizenship, to educate for quality of life of the individual, and to facilitate better educational results in other subjects are all investigated, as well as the ability of each approach to help counteract the influence from online extremist propaganda aimed at young people and to promote safe online behaviour in general. It is concluded that the inquiry ethics approach has the strongest support from the material of this thesis. Some consequences for school practice are discussed, and it is concluded that changing the role of ethics in the curriculum would be beneficial, downplaying the role of value transmission and further increasing, and making more explicit and clear, the role of inquiry ethics. It is also shown that there are strong reasons for the inclusion of a new subject in the Swedish compulsory education with special focus on ethics. (shrink)