This is the only anthology that focuses exclusively on the two central issues in the philosophy of criminal law: What kinds of behavior should society criminalize?; and What should society do with those who engage in such behavior?
Consider the following situation. It is the first day of school, and the new third-grade students file into the classroom to be shown to their seats for the coming year. As they enter, the third-grade teacher notices one small boy who is particularly unkempt. He looks to be in desperate need of bathing, and his clothes are dirty, torn and tight-fitting. During recess, the teacher pulls aside the boy's previous teacher and asks about his wretched condition. The other teacher informs (...) her that he always looks that way, even though the boy's family is quite wealthy. The reason he appears as he does, she continues, is that the family observes an odd practice according to which the children do not receive many important things – food, clothing, bathing, even shelter – unless they specifically request them. Since the boy, like many third-graders, has little interest in bathing and clean clothes, he just never asks for them. (shrink)
The idea that immoral behaviour can sometimes be admirable, and that moral behaviour can sometimes be less than admirable, has led several of its supporters to infer that moral considerations are not always overriding, contrary to what has been traditionally maintained. In this paper I shall challenge this inference. My purpose in doing so is to expose and acknowledge something that has been inadequately appreciated, namely, the moral aspect of nonmoral goods and evils. I hope thereby to show that, even (...) if immorality can be admirable, this poses no threat to morality. (shrink)
The Free Will Defence has been attacked as being unsound, implausible and, more recently, irrelevant. The first section of the paper returns to a discussion on the relevance of the Free Will Defence, arguing that the case for its irrelevance is inextricably impaled on the horns of a dilemma. In the second section it is shown that Free Will Theodicy, even in a form extended to include natural evil, need not be as implausible as it is sometimes portrayed for it (...) demands no more than that good, on the whole, outweighs evil, on the whole. Finally, some tempting objections to the strategy employed in this argument are considered and rejected, both on the grounds that they are untenable in themselves and on the paradoxical ground that, if valid, the objections would appear to rule out any creation. (shrink)
Michael J. Zimmerman explores whether and how our ignorance about ourselves and our circumstances affects what our moral obligations and moral rights are. He rejects objective and subjective views of the nature of moral obligation, and presents a new case for a 'prospective' view.
_Metaphysics: A Contemporary Introduction_ is for students who have already completed an introductory philosophy course and need a fresh look at the central topics in the core subject of metaphysics. It is essential reading for any student of the subject. This Fourth Edition is revised and updated and includes two new chapters on Parts and Wholes, and Metaphysical Indeterminacy or vagueness. This new edition also keeps the user-friendly format, the chapter overviews summarizing the main topics, concrete examples to clarify difficult (...) concepts, annotated further reading at the end of each chapter, endnotes, and a full bibliography. Topics addressed include: the problem of universals the nature of abstract entities the problem of individuation the nature of modality identity through time the nature of time the nature of parts and wholes the problem of metaphysical indeterminacy the Realism/anti-Realism debate. Wherever possible, Michael J. Loux and Thomas M. Crisp relate contemporary views to their classical sources in the history of philosophy. As experienced teachers of philosophy and important contributors to recent debates, Loux and Crisp are uniquely qualified to write this book. (shrink)
Every choice we make is set against a background of massive ignorance about our past, our future, our circumstances, and ourselves. Philosophers are divided on the moral significance of such ignorance. Some say that it has a direct impact on how we ought to behave - the question of what our moral obligations are; others deny this, claiming that it only affects how we ought to be judged in light of the behaviour in which we choose to engage - the (...) question of what responsibility we bear for our choices. Michael Zimmerman claims that our ignorance has an important bearing on both questions, and offers an account of moral obligation and moral responsibility that is sharply at odds with the prevailing wisdom. His book will be of interest to a wide range of readers in ethics. (shrink)
Intrinsic value has traditionally been thought to lie at the heart of ethics. Philosophers use a number of terms to refer to such value. The intrinsic value of something is said to be the value that that thing has “in itself,” or “for its own sake,” or “as such,” or “in its own right.” Extrinsic value is value that is not intrinsic.
In this essay I elaborate a particular, and particularly important, morality: the morality of human rights. Next, I ask the ground-of-normativity question about the morality of human rights and go on to elaborate a religious response. Then, after explaining why one might be skeptical that there is a plausible secular response to the ground-of-normativity question, I comment critically on John Finnis's secular response. Finally, I consider what difference it makes if there is no plausible secular response to the ground-of-normativity question.
The principal aim of this book is to develop and defend an analysis of the concept of moral obligation. The analysis is neutral regarding competing substantive theories of obligation, whether consequentialist or deontological in character. What it seeks to do is generate solutions to a range of philosophical problems concerning obligation and its application. Amongst these problems are deontic paradoxes, the supersession of obligation, conditional obligation, prima facie obligation, actualism and possibilism, dilemmas, supererogation, and cooperation. By virtue of its normative (...) neutrality, the analysis provides a theoretical framework within which competing theories of obligation can be developed and assessed. This study is a major contribution to metaethics that will be of particular interest to all philosophers concerned with normative ethical theory. (shrink)
This essay focuses on a recently prominent notion of ground which is distinctive for how it links metaphysics to explanation. Ground is supposed to serve both as the common factor in diverse in virtue of questions as well as the structuring relation in the project of explaining how some phenomena are “built” from more fundamental phenomena. My aim is to provide an opinionated synopsis of this notion of ground without engaging with others. Ground, so understood, generally resists illumination by appeal (...) to more familiar models of explanation. Nevertheless, its distinctive explanatory and metaphysical aspects guide us on characterizing its explanatory logic and its metaphysical features. Some issues concerning the meta-question of what grounds ground are explored, as well as some recent skeptical challenges to ground. (shrink)
Introduction: Doing the right thing -- Utilitarianism : Bentham and J.S. Mill -- Libertarianism -- John Locke -- Markets and morals -- Immanuel Kant -- John Rawls -- Affirmative action -- Aristotle -- Liberals and communitarians -- Conclusion: Reconnecting politics and morals.
A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating (...) critique of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows. (shrink)
This superbly crafted account of the notion of moral responsibility and of its relations to freedom, control, ignorance, negligence, attempts, omissions, compulsion, mental disorders, virtues and vices, desert, and punishment fills that gap. The treatment of character and luck is particularly sophisticated and well-argued.
At the heart of ethics reside the concepts of good and bad; they are at work when we assess whether a person is virtuous or vicious, an act right or wrong, a decision defensible or indefensible, a goal desirable or undesirable. But there are many varieties of goodness and badness. At their core lie intrinsic goodness and badness, the sort of value that something has for its own sake. It is in virtue of intrinsic value that other types of value (...) may be understood, and hence that we can begin to come to terms with questions of virtue and vice, right and wrong, and so on. This book investigates the nature of intrinsic value: just what it is for something to be valuable for its own sake, just what sort of thing can have such value, just how such a value is to be computed. In the final chapter, the fruits of this investigation are applied to a discussion of pleasure, pain, and displeasure and also of moral virtue and vice, in order to determine just what value lies within these phenomena. (shrink)
I defend (metaphysical) ground against recent, unanswered objections aiming to dismiss it from serious philosophical inquiry. Interest in ground stems from its role in the venerable metaphysical project of identifying which facts hold in virtue of others. Recent work on ground focuses on regimenting it. But many reject ground itself, seeing regimentation as yet another misguided attempt to regiment a bad idea (like phlogiston or astrology). I defend ground directly against objections that it is confused, incoherent, or fruitless. This vindicates (...) the very attempt to regiment ground. It also refocuses our attention on the genuine open questions about ground and away from the distracting, unpersuasive reasons for dismissing them. (shrink)
A commonly held view is that a central aim of metaphysics is to give a fundamental account of reality which refers only to the fundamental entities. But a puzzle arises. It is at least a working hypothesis for those pursuing the aim that, first, there must be fundamental entities. But, second, it also seems possible that the world has no foundation, with each entity depending on others. These two claims are inconsistent with the widely held third claim that the fundamental (...) just is the foundational. It is tempting to resolve the puzzle by rejecting the first or second claim, perhaps because it is obscure how the third claim might plausibly be challenged. But I develop a new analysis of fundamentality which challenges the third claim by allowing for an entity to be fundamental without being foundational. The analysis, roughly, is that an entity is fundamental just in case not all facts about it are grounded in facts about other entities. The possibility of fundamentality without foundations not only provides for a novel resolution to the puzzle, but has applications to some live debates: for example, it undermines Jonathan Schaffer's modal argument for priority monism. (shrink)
Interest surges in a distinctively metaphysical notion of ground. But a Schism has emerged between Orthodoxy’s view of ground as inducing a strict partial order structure on reality and Heresy’s rejection of this view. What’s at stake is the structure of reality (for proponents of ground), or even ground itself (for those who think this Schism casts doubt upon its coherence). I defend Orthodoxy against Heresy.
There is currently an explosion of interest in grounding. In this article we provide an overview of the debate so far. We begin by introducing the concept of grounding, before discussing several kinds of scepticism about the topic. We then identify a range of central questions in the theory of grounding and discuss competing answers to them that have emerged in the debate. We close by raising some questions that have been relatively neglected but which warrant further attention.
Universals: Loux, M. J. The existence of universals. Russell, B. The world of universals. Quine, W. V. O. On what there is. Pears, D. F. Universals. Strawson, P. F. Particular and general. Wolterstorff, N. Qualities. Bambrough, R. Universals and family resemblances. Donagan, A. Universals and metaphysical realism. Sellars, W. Abstract entities. Wolterstorff, N. On the nature of universals.--Particulars: Loux, M. J. Particulars and their individuation. Black. M. The identity of indiscernibles. Ayer, A. J. The identity of indiscernibles. O'Connor, D. J. (...) The identity of indiscernibles. Allaire, E. B. Bare particulars. Chappell, V. C. Particulars re-clothed. Allaire, E. B. Another look at bare particulars. Meiland, J. W. Do relations individuate? Long, D. C. Particulars and their qualities. Copi, I. Essence and accident. Chandler, H. S. Essence and accident. Plantinga, A. World and essence. (shrink)
A collection of 37 essays surveying the state of the art on metaphysical ground. -/- Essay authors are: Fatema Amijee, Ricki Bliss, Amanda Bryant, Margaret Cameron, Phil Corkum, Fabrice Correia, Louis deRosset, Scott Dixon, Tom Donaldson, Nina Emery, Kit Fine, Martin Glazier, Kathrin Koslicki, David Mark Kovacs, Stephan Krämer, Stephanie Leary, Stephan Leuenberger, Jon Litland, Marko Malink, Michaela McSweeney, Kevin Mulligan, Alyssa Ney, Asya Passinsky, Francesca Poggiolesi, Kevin Richardson, Stefan Roski, Noel Saenz, Benjamin Schnieder, Erica Shumener, Alexander Skiles, Olla Solomyak, (...) Tuomas Tahko, Naomi Thompson, Kelly Trogdon, Jennifer Wang, Tobias Wilsch, and Justin Zylstra. (shrink)
In this paper we discuss ethical implications of the use of mobile phone apps in the control of the COVID-19 pandemic. Contact tracing is a well-established feature of public health practice during infectious disease outbreaks and epidemics. However, the high proportion of pre-symptomatic transmission in COVID-19 means that standard contact tracing methods are too slow to stop the progression of infection through the population. To address this problem, many countries around the world have deployed or are developing mobile phone apps (...) capable of supporting instantaneous contact tracing. Informed by the on-going mapping of ‘proximity events’ these apps are intended both to inform public health policy and to provide alerts to individuals who have been in contact with a person with the infection. The proposed use of mobile phone data for ‘intelligent physical distancing’ in such contexts raises a number of important ethical questions. In our paper, we outline some ethical considerations that need to be addressed in any deployment of this kind of approach as part of a multidimensional public health response. We also, briefly, explore the implications for its use in future infectious disease outbreaks. (shrink)
In _The Immorality of Punishment_ Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put (...) into practice alternative means of preventing crime and promoting social stability. (shrink)
Sceptical theists--e.g., William Alston and Michael Bergmann--have claimed that considerations concerning human cognitive limitations are alone sufficient to undermine evidential arguments from evil. We argue that, if the considerations deployed by sceptical theists are sufficient to undermine evidential arguments from evil, then those considerations are also sufficient to undermine inferences that play a crucial role in ordinary moral reasoning. If cogent, our argument suffices to discredit sceptical theist responses to evidential arguments from evil.
The following argument is addressed: (1) a person is morally responsible for an event's occurring only if that event's occurring was not a matter of luck; (2) no event is such that its occurring is not a matter of luck; therefore, (3) no event is such that someone is morally responsible for its occurring. Two notions of control are distinguished: restricted and complete. (2) is shown false on the first interpretation, (1) on the second. The discussion involves a distinction between (...) resultant and situational luck, And it is argued that, Even when luck's role in life, And the unfairness that stems from it, Is acknowledged, Moral responsibility remains possible. (shrink)
Though the reputation of eugenics has been tarnished by history, eugenics per se is not necessarily a bad thing. Many advocate a liberal new eugenics—where individuals are free to choose whether or not to employ genetic technologies for reproductive purposes. Though genetic interventions aimed at the prevention of severe genetic disorders may be morally and socially acceptable, reproductive liberty in the context of enhancement may conflict with equality. Enhancement could also have adverse effects on utility. The enhancement debate requires a (...) shift in focus. What the equality and/or utility costs of enhancement will be is an empirical question. Rather than philosophical speculation, more social science research is needed to address it. Philosophers, meanwhile, should address head-on the question of how to strike a balance between liberty, equality, and utility in cases of conflict (in the context of genetics). (shrink)
There has been much recent interest in a distinctively metaphysical kind of determinative explanation: ground. This paper concerns various skeptical challenges to ground’s relevance to metaphysics, such as that it is an empty posit, that the work it is supposed to do is appropriated by other notions, and that it is inapt for specific issues it should serve. I argue against these challenges. My strategy is both critical and constructive. Critical because I argue that versions of these challenges raised by (...) Elizabeth Barnes, Kathrin Koslicki, Mari Mikkola, and Jessica Wilson are not persuasive. Constructive because we may nevertheless learn from them new work for ground. (shrink)
Many philosophers hold that whether an act is overall morally obligatory is an ‘objective’ matter, many that it is a ‘subjective’ matter, and some that it is both. The idea that it is or can be both may seem to promise a helpful answer to the question ‘What ought I to do when I do not know what I ought to do?’ In this article, three broad views are distinguished regarding what it is that obligation essentially concerns: the maximization of (...) actual value, the maximization of expected value, and the perceived maximization of actual value. The first and third views are rejected; the second view is then refined and defended. The unfortunate upshot is that there may be no very helpful answer to the question just mentioned. As to the question posed in the title of the article, the answer unsurprisingly depends on what ‘objective’ and ‘subjective’ are taken to mean. (Published Online November 24 2006). (shrink)
The Oxford Handbook of Metaphysics offers the most authoritative and compelling guide to this diverse and fertile field of philosophy. Twenty-four of the world's most distinguished specialists provide brand-new essays about 'what there is': what kinds of things there are, and what relations hold among entities falling under various categories. They give the latest word on such topics as identity, modality, time, causation, persons and minds, freedom, and vagueness. The Handbook's unrivaled breadth and depth make it the definitive reference work (...) for students and academics across the philosophical spectrum. (shrink)
Is logic out of this world? This elusive question reveals a tension in our thinking about the basis of logic: both worldly and unworldly answers get something right and yet they conflict. My aim is to clarify the question and explore a conciliatory answer. I focus on a characterization of unworldliness in terms of ground. This allows for a distinction between proximal and distal unworldliness. That in turn reconfigures our approach to the question. It may now be taken as asking (...) for the proximal or the distal basis of logic. This helps alleviate the tension because the answer for the one needn’t conflict with a different answer for the other. I explore a case study culminating in an illustration of how a logical truth may indeed be proximally worldly but distally unworldly. I conclude by considering some potential extensions. (shrink)
_The Metaphysics of Perfect Beings_ addresses the problems an Anselmian perfect being faces in contexts involving unlimited options. Recent advances in the theory of vagueness, the metaphysics of multiverses and hyperspace, the theory of dynamic or sequential choice, the logic of moral and rational dilemmas, and metaethical theory provide the resources to formulate the new challenges and the Anselmian responses with an unusual degree of precision. Almeida shows that the challenges arising in the unusual contexts involving unlimited options sometimes produce (...) metaphysical surprise. (shrink)
T. M. Scanlon has revived a venerable tradition according to which something's being good consists in its being such that there is a reason to respond positively towards it. He has presented novel arguments for this thesis. In this article, I first develop some refinements of the thesis with a view to focusing on intrinsic value in particular, then discuss the relation between the thesis and consequentialism, then critically examine Scanlon's arguments for the thesis, and finally turn to the question (...) whether we should reject the thesis on the grounds that, when there is a reason to respond positively towards something, this is so because the thing in question is good. Two appendices follow. In the first, I discuss whether it is good to do right. In the second, I discuss whether an act's being wrong provides a reason not to do it. (shrink)
The fitting-attitudes analysis of value, which states that something's being good consists in its being the fitting object of some pro-attitude, has recently been the focus of intense debate. Many objections have been levelled against this analysis. One objection to it concerns the ‘challenge from partiality’, according to which it can be fitting to display partiality toward objects of equal value. Several responses to the challenge have been proposed. This paper criticizes these and other responses and then offers a response (...) that, it is claimed, solves the challenge. (shrink)