There is a tendency to use data from neuroscience, cognitive science and experimental psychology to rail against philosophical ethics. Recently, Joshua Greene has argued that deontological judgments tend to be supported by emotional responses to irrelevant features, whereas consequentialist judgments are more reliable because they tend to be supported by cognitive processes. In this article, I will analyse the evidence used by Greene to suggest a different kind of argument against deontology, which I will call the argument from self-defeating (...) beliefs. The charge of this type of argument amounts to exposing a psychological nature of deontological judgements that is supposedly rejected by deontologists. I will argue that the alleged evidence is poorly understood, mixed and indeterminate, failing to endorse general conclusions about the psychological processes underlying deontological judgements. (shrink)

This is the second paper in a three-part series on the state of the enhancement debate. We report current trends and give an overview of established positions in the field of neuroenhancement. Unlike a number of articles on the bioethics of enhancement, we try to highlight connections between the contemporary debate and established positions in philosophical ethics. This specific perspective inspired the breakdown of our three-part series into consequentialist, deontological and virtue-ethical arguments.

In normative ethics there has been a long-standing debate between consequentialists and deontologists. To settle this dispute moral theorists have often used a selective approach. They have focused on particular aspects of our moral practice and have teased out what consequentialists and deontologists have to say about it. One of the focal points of this debate has been the morality of promising. In this paper I review arguments on both sides and examine whether consequentialists or deontologists offer us a (...) more plausible account of promissory obligation. My conclusion is negative. Given the arguments on the table, I argue, we should conclude that the debate is in a stalemate. It is, therefore, hard to see how the issue of promissory obligation could help us choose between consequentialism and deontology. (shrink)

Thesis (Master, Philosophy) -- Queen's University, 2008-09-18 17:05:35.143. -/- Human Genetic Enhancement (HGE) has the potential to provide great benefits to a large number of people in terms of alleviating inherited disease and disability and maximizing individual liberty. There are many arguments against research and application of this new technology based on a variety of grounds, including both deontological and consequentialist objections. In this thesis I examine arguments from both of these positions and argue that neither offers (...) a satisfactory justification for prohibiting research into HGE nor do they demonstrate that the application of the knowledge gained from such research is necessarily wrong. I also suggest that there is a strong argument in favor of HGE in that it may offer a way to reduce the amount of disadvantage currently present in our society as a result of genetic disease and disability by addressing the genetic causes of these conditions. Further, I argue that the pursuit of HGE is necessary in order to promote individual liberty and promote equality of opportunity. Finally, I argue that by examining principles that require us to promote individual liberty we can establish the categories of enhancements which we should publicly fund and those that should merely be permissible. (shrink)

This paper starts by juxtaposing the normative ethics in the final part of Parfit's final book, On What Matters, vol. 3, with the normative ethics in his earlier books, Reasons and Persons and On What Matters, vol. 1. The paper then addresses three questions. The first is, where does the reflective-equilibrium methodology that Parfit endorsed in the first volume of On What Matters lead? The second is, is the Act-involving Act Consequentialism that Parfit considers in the final volume of On (...) What Matters as plausible as Rossian deontology? The third is, how is the new argument that Parfit puts forward for Rule Consequentialism supposed to work? (shrink)

This chapter argues that consequentialism provides a natural and straightforward interpretation of the formula of the end‐in‐itself. We treat rational nature as an end, and not a mere means, by promoting, first, the conditions necessary for the flourishing of rational nature and, second, the conditions necessary for the realization of the permissible ends of others. Although it is commonplace to assume that deontological constraints treat humanity as an end‐in‐itself, in fact, Kant provides no argument at all for agent‐centered or (...) agent‐relative constraints on the maximization of agent‐neutral value. Indeed, Kant's argument for the conclusion that rational nature is an end‐in‐itself just as easily implies that we should maximize the realization of morally objective ends. We must thus look elsewhere in Kant's theory for the promised refutation of consequentialism. (shrink)

Debunking arguments are arguments that seek to undermine a belief or doctrine by exposing its causal origins. Two prominent proponents of such arguments are the utilitarians Joshua Greene and Peter Singer. They draw on evidence from moral psychology, neuroscience, and evolutionary theory in an effort to show that there is something wrong with how deontological judgments are typically formed and with where our deontological intuitions come from. They offer debunking explanations of our emotion-driven deontological (...) intuitions and dismiss complex deontological theories as products of confabulatory post hoc rationalization. Through my discussion of Greene and Singer’s empirically informed debunking of deontology, I introduce the distinction between two different types of debunking arguments. The first type of debunking argument operates through regular undercutting defeat, whereas the second type relies on higher-order evidence. I argue that the latter type of debunking argument, of which the argument from confabulation is an example, is objectionably sloppy and therefore inadmissible in academic discussion. (shrink)

That many values can be consequentialized – incorporated into a ranking of states of affairs – is often taken to support the view that apparent alternatives to consequentialism are in fact forms of consequentialism. Such consequentializing arguments take two very different forms. The first is concerned with the relationship between morally right action and states of affairs evaluated evaluator-neutrally, the second with the relationship between what agents ought to do and outcomes evaluated evaluator-relatively. I challenge the consequentializing arguments (...) for both forms of consequentialism. The plausibility of the evaluator-neutral consequentializing of certain values, I argue, in fact establishes the implausibility of an evaluator-neutral consequentialist account of such values. The problems that beset this evaluator-neutral consequentializing argument do not beset its evaluator-relative counterpart. But I demonstrate that evaluator-relatively consequentialized theories can also readily be ‘deontologized’, located within an alternative evaluative framework that is congenial to the articulation of nonconsequentialist moral theories. Such an alternative framework can accommodate what is compelling in consequentialists’ ‘Compelling Idea,’ and what is attractive in their Explanatory Thought. This alternative, moreover, can function as a shared evaluative framework within which the merits of consequentialist and nonconsequentialist alternatives can be considered without begging the question either way. (shrink)

The moral psychologist Joshua Greene has proposed a number of arguments for the normative significance of empirical research and for the unreliability of deontological intuitions. For these arguments, much hinges on the combination of various components of Greene's research – namely the dual-process theory of moral judgement, ‘personalness’ as a factor in moral decision-making, and his functional understanding of deontology and consequentialism. Incorporating these components, I reconstruct three distinct arguments and show that the Personalness Argument for (...) the claim that empirical research can advance normative ethics and the Combined Argument against deontology are both sound and interesting in themselves. They do not, however, cast doubt on traditional deontology or reserve a specific role for neuroscience. The Indirect Route argument overcomes some of the other arguments’ limitations. It is, however, invalid. I conclude by pointing out the broader philosophical relevance of Greene's arguments as shedding light on second-order morality. (shrink)

If there is a moral reason for A to do X, and if A cannot do X without doing Y, and if doing Y will enable A to do X, then there is a moral reason for A to do Y. This principle is plausible but mysterious, so it needs to be explained. It can be explained by necessary enabler consequentialism, but not by other consequentialisms or any deontological moral theory. Or so I argue. Frances Howard-Snyder objects that this (...) argument fails to establish consequentialism as understood by, because it fails to establish agent-neutrality. I respond by distinguishing consequentialism, which need not be agent-neutral, from utilitarianism, which claims agent-neutrality. Howard-Snyder also presents a schema for a non-consequentialist theory that is supposed to explain moral substitutability. I respond that her explanation cannot be completed without introducing incoherence into deontological moral theories. (shrink)

Most ethics guidelines for distributing scarce medical resources during the coronavirus pandemic seek to save the most lives and the most life‐years. A patient’s prognosis is determined using a SOFA or MSOFA score to measure likelihood of survival to discharge, as well as a consideration of relevant comorbidities and their effects on likelihood of survival up to one or five years. Although some guidelines use age as a tiebreaker when two patients’ prognoses are identical, others refuse to consider age for (...) fear of discriminating against the elderly. In this paper, I argue that age is directly relevant for maximizing health benefits, so current ethics guidelines are wrongly excluding or deemphasizing life‐stage in their triage algorithms. Research on COVID‐19 has shown that age is a risk factor in adverse outcomes, independent of comorbidities. And limiting a consideration of life‐years to only one or five years past discharge does not maximize health benefits. Therefore, based on their own stated values, triage algorithms for coronavirus patients ought to include life‐stage as a primary consideration, along with the SOFA score and comorbidities, rather than excluding it or using it merely as a tiebreaker. This is not discriminatory because patients ought to have equal opportunity to experience life‐stages. The equitable enforcement of that right justifies unequal treatment based on age in cases when there is a scarcity of life‐saving resources. A consideration of life‐stage would thus allow healthcare workers to responsibly steward public resources in order to maximize lives and life‐years saved. (shrink)

InThe Methods of EthicsHenry Sidgwick argued against deontology and for consequentialism. More specifically, he stated four conditions for self-evident moral truth and argued that, whereas no deontological principles satisfy all four conditions, the principles that generate consequentialism do. This article argues that both his critique of deontology and his defence of consequentialism fail, largely for the same reason: that he did not clearly grasp the concept W. D. Ross later introduced of a prima facie duty or duty other things (...) equal. The moderate deontology Ross's concept allows avoids many of Sidgwick's objections. And Sidgwick's statements of his own axioms equivocate in exactly the same way for which he criticized deontological ones. Only if they are read as other things equal can they seem intuitive and earn widespread agreement; but that form is too weak to ground consequentialism. And in the form that does yield consequentialism they are neither intuitive nor widely accepted. Sidgwick's arguments against a rival view and for his own were, in multiple ways, unfair. (shrink)

Enhancement, the improvement of mental capacities with psychoactive substances and technologies has stimulated one of the largest debates in contemporary bioethics. Surprisingly few participants in this debate take note of the tendentious legal status of psychoactive pharmaceuticals as the primary means of enhancement. -/- Enhancement technologies and substances have measurable effects on specific measurable cognitive functions. A major issue of contention in the debate is how to evaluate these effects, i. e. which theory of value to use. It is contested (...) whether the pleasures and achievements resulting from the use of enhancement can be counted as such or can be ignored or devaluate by calling them fraudulent or inauthentic. -/- The alleged and real benefits of enhancement are not expected to be evenly distributed, nor is it always clear whether enhancement is a zero-sum game or has benefits even for the non-users. This results in a complex structure of risks and benefits for individuals and groups, which needs to be broken down in detail. (shrink)

ABSTRACTIn this paper, I examine the arguments against physician assisted suicide . Many of these arguments are consequentialist. Consequentialist arguments rely on empirical claims about the future and thus their strength depends on how likely it is that the predictions will be realized. I discuss these predictions against the backdrop of Oregon's Death with Dignity Act and the practice of PAS in the Netherlands. I then turn to a specific consequentialist argument against PAS – Susan M. Wolf's (...) feminist critique of the practice. Finally, I examine the two most prominent deontological arguments against PAS. Ultimately, I conclude that no anti‐PAS argument has merit. Although I do not provide positive arguments for PAS, if none of the arguments against it are strong, we have no reason not to legalize it. (shrink)

This paper identifies the different normative ethical arguments stated and suggested by Arjuna and Krishna in the Gītā , analyzes those arguments, examines the interrelations between those arguments, and demonstrates that, contrary to a common view, both Arjuna and Krishna advance ethical theories of a broad consequentialist nature. It is shown that Krishna’s ethical theory, in particular, is a distinctive kind of rule-consequentialism that takes as intrinsically valuable the twin consequences of mokṣa and lokasaṃgraha . It is (...) also argued that Krishna’s teachings in the Gītā gain in depth, coherence, and critical relevance what they lose in simplicity when the ethical theory underlying those teachings is understood as a consequentialism of this kind rather than as a deontology. (shrink)

Although dominated by consequentialist and deontological thinking, the debate about human enhancement has been enriched by several arguments from virtue theory and from virtue ethics. This article provides an overview of the virtue ethical arguments in the debate and identifies several topics in the ethics of human enhancement where the argumentative resources of virtue ethics have not yet been sufficiently considered.

This paper reconstitutes and addresses critically the deontological and consequentialist arguments given by the French government to justify the denial of the national guaranteed minimum income support to young people under 25 years old. The deontological arguments express a concern for distributive justice and suggest that young people do not deserve income support. The consequentialist arguments; on the other hand; emphasise social efficiency: they draw on the alleged negative outcomes that the extension of income support (...) to young people would bring about. After analysing each argument; this paper concludes that the denial of RSA to young people is an illegitimate discrimination. It then proposes that we understand our duties towards young people through an account of prudence that reconciles both concerns of distributive justice with concerns for social efficiency and concerns for inter- and intragenerational justices. (shrink)

The primary goal of this monograph is to justify the possibility of building a hybrid theory of normative ethics which can combine ethical consequentialism, deontology and virtue ethics. The aim of the book is to demonstrate the possibility of constructing a synthetic theory from ethical traditions that are generally considered to be contradictory. In addition, I propose an outline of an original theory which tries to carry out such a synthesis. I call it Institutional Function Consequentialism. The justification for a (...) hybrid theory of normative ethics requires the resolution of certain meta-ethical issues. I discuss them in part 1.1. After a brief overview of my research aims I consider the answer to the following questions: “What kind of meta-ethical beliefs must we assume for normative ethics?” and "Why should we build ethical theories?". I also discuss the various forms of ethical scepticism, which should be rejected if we develop a hybrid theory of normative ethics. I also describe possible methods of justifying any ethical theory. At the end of part 1.1 I explain that the best method for justifying any ethical theory is the method of wide reflective equilibrium. In parts 1.2, 1.3 and 1.4 I analyse three main types of normative ethics which are considered to be competitive: consequentialism, deontology, and virtue ethics. Part 1.2 is about consequentialism and its difference between utilitarianism and teleological theories. I also present the main reasons for the popularity of consequentialism. In part 1.3 I define deontology, present its variations and show important benefits that motivate its continuous growth. In part 1.4 I discuss virtue ethics, which is often referred as the viable alternative to consequentialism and deontology. If we want to build any new ethical theory, first we should describe the problems of the old ones. For this reason, in chapter 2 I describe the most important arguments against ethical consequentialism, and in chapter 3 I explain the difficulties of deontology. Critical remarks on virtue ethics are considered in part 1.4. The last two chapters directly concern the main aim of the monograph. Because in chapter 3 I show that deontology suffers from a number of problems such as the paradox of deontology, in chapters 4 and 5 I present only consequentialist versions of hybrid theories. These versions try to avoid the common pleas of utilitarianism and combine the advantages of opponents to utilitarianism. I answer the question (4.1) "What is hybrid consequentialism?" and briefly describe (4.2) the most important examples of hybrid theories by others. I discuss the prerogatives without restrictions idea by Samuel Scheffler, rule consequentialism by Brad Hooker, Kantian consequentialism by Richard M. Hare, David Cummiskey and Derek Parfit and consequentializing procedure proposed by Douglas W. Portmore. In the last chapter I present a new hybrid version of consequentialism that I call Institutional Function Consequentialism. I start from the thesis (5.1) that traditional meta-ethics of analytic philosophy incorrectly defines the main field of its research. Rather than focusing on the philosophy of language and metaphysics it should try to answer one question: “What should morality and ethics be for?”. Therefore I introduce an original methodology for meta-ethics that I call the Functional Model of Analysis (FMA). It is a meta-ethical framework in which the fundamental questions concern the practical functions of normative domains such as morality and ethics and the most rational way of achieving them. FMA is meta-ethical project that (a) explains the persistence of fundamental ethical disagreement among experts, (b) sets the background for explaining or justifying the correct structure of the ethical theory, (c) gives the possibility to create a hybrid theory of normative ethics. In part 5.2 I formulate a generalized argument against various popular theories of normative ethics which states that most of the popular theories are too narrow and one-sided, causing permanent dispute between them. There are many distinct practical functions of morality that are usually based on different types of normative theories such as Aristotelian ethics, utilitarianism, contractarianism and contractualism. In order to remove these conflicts, the correct ethical theory should try to take into account all of these relevant features of moral life. Unfortunately, most ethical theories are mono-functional. This means that their supporters consciously or unconsciously (1) recognize or accept only one genuine practical function, (2) think that this one practical function overrides all other practical functions or (3) try to reduce all practical functions to the one that is chosen. In part 5.2 I present a description and justification of a new normative account that I call Hybrid Function Consequentialism. The formal scheme of this consequentialism can be summarized in the following way: we should act according to some important focal points P1…Pn with contents C1…Cn that are selected on the basis of considerations about which kind of P with C will bring the best realization of the best mix of normative functions F1...Fn. In the next part (5.2.2) I present the new way of “consequentializing” particular theories of normative ethics by applying the scheme of Hybrid Function Consequentialism. As an example of the use of this procedure, I formulate perfectionist virtue consequentialism, contractarian institution consequentialism, contractualist rule consequentialism and consequentialism of salvation. In part 5.3 I formulate an original theoretical concept that I call Institutional Function Consequentialism (IFC). It is a hybrid theory that is based on the previously described Functional Model of Analysis and a reflection on the role of institutions in modern developed societies. IFC claims that we should always act according to some rules, virtues, motives and intentions that constitute the homeostasis of normative institutions whose internalization by the overwhelming majority of each new generation has maximum expected value in terms of the best realization of the equilibrium of the most important practical functions of normative domains. Responsibility and sanctions related to wrongful actions should be dependent on the particular institution whose standards have been violated. IFC has several unique features which are described and justified in part 5.3. It is a form of hybrid consequentialism – it mixes features of consequentialism, deontology and virtue ethics. It does this on three different levels: justification, structure and content. The main focal point of the theory is not rules or virtues, but normative institutions. Values to be optimized in the framework of consequentialism are not "happiness", "well-being" or "preferences", but the fulfilment of normative functions. IFC is not limited to the field of ethics only, but it is a meta-normative account of justification for an entire social order which is comprised of a number of different institutions. It also assumes a specific, circular relationship between practical ethics (e.g. research on such important issues as civil disobedience, fair distribution of wealth, philosophy of punishment or autonomy of conscience), and the content of the general rules that may constitute the optimal homeostasis of institutions. It rejects the simplistic belief that moral thinking is based solely on deductive implications from general ethical principles or meta-ethical beliefs. (shrink)

The Bhagavad Gītā occurs at the start of the sixth book of the Mahābhārata—one of South Asia’s two main epics, formulated at the start of the Common Era (C.E.). It is a dialog on moral philosophy. The lead characters are the warrior Arjuna and his royal cousin, Kṛṣṇa, who offered to be his charioteer and who is also an avatar of the god Viṣṇu. The dialog amounts to a lecture by Kṛṣṇa delivered on their chariot, in response to the fratricidal (...) war that Arjuna is facing. The symbolism employed in the dialog—a lecture delivered on a chariot—ties the Gītā to developments in moral theory in the Upaniṣads. The work begins with Arjuna articulating three objections to fighting an impending battle by way of two teleological theories of ethics, namely Virtue Ethics and Consequentialism, but also Deontology. In response, Kṛṣṇa motivates Arjuna to engage in battle by arguments from procedural ethical theories—specifically his own form of Deontology, which he calls karma yoga, and a radically procedural theory unique to the Indian tradition, Yoga, which he calls bhakti yoga. This is supported by a theoretical and metaethical framework called jñāna yoga. While originally part of a work of literature, the Bhagavad Gītā was influential among medieval Vedānta philosophers. Since the formation of a Hindu identity under British colonialism, the Bhagavad Gītā has increasingly been seen as a separate, stand-alone religious book, which some Hindus treat as their analog to the Christian Bible for ritual, oath-swearing, and religious purposes. The focus of this article is historical and pre-colonial. (shrink)

Recently the intramural debate among Christians over the correct interpretation of Genesis 1 and the age of the earth has become heated between leaders of certain science-based ministries. A major point of contention revolves around the question of whether there was animal death before Adam and Eve’s first sin. Many young-earth proponents charge that if God allowed death before Adam and Eve sinned, then God would not be morally perfect. In this paper I propose and critique a logical argument from (...) these charges. First, I formulate a logical problem based on the claims of young-earth proponents. Next, I discuss several theistic interpretations of God’s moral perfection and explain how deontological and consequentialist interpretations are problematic. After this I discuss Aquinas’ interpretation of God’s moral perfection. Finally, I provide a solution to the problem of death before the fall using Aquinas’ interpretation. I conclude that it is not logically contradictory to believe that God is all-knowing, all-powerful, and all-good and that He created a world that initially contained animal death. (shrink)

The epistemology of medical practice is investigated and the notion of a skill is found to be central to learning about health. This is followed by a discussion of skills, based on the Greek understanding of a skill, as well as the Greek understanding of moral virtue as a skill. Virtue theory, deontology, and consequentialism are articulated by the structure of the epistemology. The argument from disagreement against moral realism is discussed and refuted. Finally, Aristotle's arguments against virtues as (...) skills receive an extended discussion, and responses to them are given. (shrink)

A democratic society does not embody a permanent and internally consistent set of values but attempts to accommodate disagreement between incommensurable values. One of the purposes of the law is to manage such disagreement by ensuring that disputes are settled in a way that advances the interests of stability without foreclosing options. In this respect the function of the formal dissenting judgment has been neglected in the English literature. By contrast there is a rich US literature which reveals an ambivalent (...) attitude to the practice of dissent. The article discusses the nature of the disagreements that are predominant in dissenting judgments. It claims that the practise of dissent follows the development of democracy and that the majority of dissents in courts of last resort raise legitimate disagreement about fundamental incommensurable values. These concern disagreements between deontological and consequentialist values, between different conceptions of the legislative powers of the judiciary and between principle and pragmatism. Because the outcome of an appeal is contingent, the dissent may be as important as the majority in identifying the choices to be made and signalling the principles that are immanent in the law. The legal and political basis of the right to publish a dissent is discussed and arguments for and against the publication of dissents considered with the conclusion that constraints on the right to dissent would be self-defeating. (shrink)

The protection of noncombatants from deadly violence is the centrepiece of any account of ethical and legal constraints on war. It was a major achievement of moral progress from early modern times to World War I. Yet it has been under constant attrition since - perhaps never more so than in our time, with its 'new wars', the spectre of weapons of mass destruction, and the global terrorism alert. Civilian Immunity in War, written in collaboration by eleven authors, provides the (...) first comprehensive analysis of all main aspects of this highly topical subject. It considers the arguments for rejection of civilian immunity and the main theories of the grounds and proper scope of this immunity, both deontological and consequentialist. Separate chapters examine the historical development of the idea of civilian immunity, its standing in current international law, and the problem of "collateral damage": of harming civilians without intent, as a side-effect of attacks on military targets. The volume also addresses a string of specific issues. Civilian immunity has undergone much attrition with the development of air warfare and the tendency of military conflict to degenerate into "total" war. On the other hand, modern military technology with its precision guidance missiles and "smart" bombs opens up the possibility of restricting deadly violence to its proper targets and staying clear of civilian life, limb, and property. Another pressing issue is the fate of women in war in light of mass rapes characteristic of some 'new wars'. (shrink)

This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive moral doctrines. (...) The ideal of public legal reason is then applied to a particular question--whether welfarism (a particular form of normative law and economics) provides the sort of reasons that appropriate for legal practice. The answer to that question is no--to the extent that welfarism contends that the normative assessment of legal policies should rely exclusively on information about individual preferences, welfarism relies on deep and controversial premises of consequentialist moral theory that fail the test of public reason. The essay also investigates the thesis--advanced by Louis Kaplow and Steven Shavell--that any fairness principle (a nonwelfarist method of policy assessment) can violate weak Pareto (making everyone worse off). Whatever the implications of Kaplow and Shavell's argument, it does not show that welfarism can provide public legal reasons. The essay concludes that law's justifications should rely on normative principles that are accessible to reasonable citizens, whether they are theists or atheists, deontologists or consequentialists, moral philosophers or economists. Law's deliberations should be shallow and not deep. Law's reason should be public. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced (...) a revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

The rightness and wrongness of actions fits on a continuous scale. This fits the way we evaluate actions chosen among a diverse range of options, even though English speakers don’t use the words “righter” and “wronger”. I outline and defend a version of scalar consequentialism, according to which rightness is a matter of degree, determined by how good the consequences are. Linguistic resources are available to let us truly describe actions simply as right. Some deontological theories face problems in (...) accounting for degrees of rightness, as they don't invoke continuous parameters among the right-making features of action. (shrink)

We best understand Rule Consequentialism as a theory of pattern-based reasons, since it claims that we have reasons to perform some action because of the goodness of the pattern consisting of widespread performance of the same type of action in the same type of circumstances. Plausible forms of Rule Consequentialism are also pluralist, in the sense that, alongside pattern-based reasons, they recognise ordinary act-based reasons, based on the goodness of individual actions. However, Rule Consequentialist theories are distinguished from other pluralist (...) theories of pattern-based reasons by implausible claims about the relative importance of act-based and pattern-based reasons in different cases. Rule Consequentialists should give up these claims. They should either embrace some other pluralist pattern-based view, or reject pattern-based reasons altogether. Note, though, that these arguments apply only to compliance-based, rather than acceptance-based, versions of Rule Consequentialism. This suggests that these two kinds of theory are more different from each other than we might previously have realised. (shrink)

It has been claimed that the recent wave of neuroscientific research into the physiological underpinnings of our moral intuitions has normative implications. In particular, it has been claimed that this research discredits our deontological intuitions about cases, without discrediting our consequentialist intuitions about cases. In this paper I demur. I argue that such attempts to extract normative conclusions from neuroscientific research face a fundamental dilemma: either they focus on the emotional or evolved nature of the psychological processes underlying (...) class='Hi'>deontological intuitions, in which case the arguments rely on a blatantly fallacious inference, or they appeal to the (alleged) moral irrelevance of the factors to which deontological intuitions respond, in which case the neuroscientific results end up playing no role in the overall argument. (shrink)

According to the “Textbook View,” there is an extensional dispute between consequentialists and deontologists, in virtue of the fact that only the latter defend “agent-relative” principles—principles that require an agent to have a special concern with making sure that she does not perform certain types of action. I argue that, contra the Textbook View, there are agent-neutral versions of deontology. I also argue that there need be no extensional disagreement between the deontologist and consequentialist, as characterized by the Textbook View.

Abstract: Democracy is regularly heralded as the only form of government that treats political subjects as free and equal citizens. On closer examination, however, it becomes apparent that democracy unavoidably restricts individual freedom, and it is not the only way to treat all citizens equally. In light of these observations, we argue that the non-instrumental reasons to support democratic governance stem, not from considerations of individual freedom or equality, but instead from the importance of respecting group self-determination. If this is (...) correct, it implies that a state may choose democracy, but its right to self-determination means that it is also free, in principle, to decide in favor of some nondemocratic alternative. (shrink)

Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...) intuitions and the retributive value of punishment. This argument may generalize to other deontological intuitions and theories. (shrink)

The paper interprets Kant’s neglected argument at FOUNDATIONS 401 as consisting of these two premises and conclusion: (1) It follows from consequentialism that in a natural paradise people would not be obligated to be morally good. (2) But this is absurd; one ought to be morally good no matter what. Therefore, consequentialism is false. It is shown that this argument is a powerful one, mainly by showing that independent grounds support (2) and that (1) may survive a number of strong (...) possible objections. One that it does not appear to survive, though, is that the paradise envisioned is not logically possible. (shrink)

Joshua Greene argues that cognitive (neuro)science matters for ethics in two ways, the “direct route” and the “indirect route.” Greene illustrates the direct route with a debunking explanation of the inclination to condemn all incest. The indirect route is an updated version of Greene’s argument that dual-process moral psychology gives support for consequentialism over deontology. I consider each of Greene’s arguments, and I argue that neither succeeds. If there is a route from cognitive (neuro)science to ethics, Greene has not (...) found it. (shrink)

Commonsense Consequentialism is a book about morality, rationality, and the interconnections between the two. In it, Douglas W. Portmore defends a version of consequentialism that both comports with our commonsense moral intuitions and shares with other consequentialist theories the same compelling teleological conception of practical reasons. Broadly construed, consequentialism is the view that an act's deontic status is determined by how its outcome ranks relative to those of the available alternatives on some evaluative ranking. Portmore argues that outcomes should be (...) ranked, not according to their impersonal value, but according to how much reason the relevant agent has to desire that each outcome obtains and that, when outcomes are ranked in this way, we arrive at a version of consequentialism that can better account for our commonsense moral intuitions than even many forms of deontology can. What's more, Portmore argues that we should accept this version of consequentialism, because we should accept both that an agent can be morally required to do only what she has most reason to do and that what she has most reason to do is to perform the act that would produce the outcome that she has most reason to want to obtain.Although the primary aim of the book is to defend a particular moral theory, Portmore defends this theory as part of a coherent whole concerning our commonsense views about the nature and substance of both morality and rationality. Thus, it will be of interest not only to those working on consequentialism and other areas of normative ethics, but also to those working in metaethics. Beyond offering an account of morality, Portmore offers accounts of practical reasons, practical rationality, and the objective/subjective obligation distinction. (shrink)

Consequentialism is the view that the rightness or wrongness of actions depend solely on their consequences. It is one of the most influential, and controversial, of all ethical theories. In this book, Julia Driver introduces and critically assesses consequentialism in all its forms. After a brief historical introduction to the problem, Driver examines utilitarianism, and the arguments of its most famous exponents, John Stuart Mill and Jeremy Bentham, and explains the fundamental questions underlying utilitarian theory: what value is to (...) be specified and how it is to be maximized. Driver also discusses indirect forms of consequentialism, the important theories of motive consequentialism and virtue consequentialism, and explains why the distinction between subjective and objective consequentialism is so important. Including helpful features such as a glossary, chapter summaries, and annotated further reading at the end of each chapter, Consequentialism is ideal for students seeking an authoritative and clearly explained survey of this important problem. (shrink)

Joshua Greene has argued that several lines of empirical research, including his own fMRI studies of brain activity during moral decision-making, comprise strong evidence against the legitimacy of deontology as a moral theory. This is because, Greene maintains, the empirical studies establish that “characteristically deontological” moral thinking is driven by prepotent emotional reactions which are not a sound basis for morality in the contemporary world, while “characteristically consequentialist” thinking is a more reliable moral guide because it is characterized by (...) greater cognitive command and control. In this essay, I argue that Greene does not succeed in drawing a strong statistical or causal connection between prepotent emotional reactions and deontological theory, and so does not undermine the legitimacy of deontological moral theories. The results that Greene relies on from neuroscience and social psychology do not establish his conclusion that consequentialism is superior to deontology. (shrink)

Definition of the Problem: The ethical debate on the cloning of human beings is by no means new. Its history goes back to the middle of the 1960s. However, the theoretical level of the contents of this debate still doesn't seem to have got past its initial stages.Arguments and conclusion: First, a short overview will be given of these 30 years of history of ethical debate, and some central concepts will be explained. Subsequently a critical analysis will be made (...) of the arguments for and against the cloning of people which are used in this debate. The intention of this exposition is to stimulate further ethical discussion on the cloning of human beings. (shrink)

The central problem for normative ethics is the conflict between a consequentialist view--that morality requires promoting the good of all--and a belief that the rights of the individual place significant constraints on what may be done to help others. Standard interpretations see Kant as rejecting all forms of consequentialism, and defending a theory which is fundamentally duty-based and agent-centered. Certain actions, like sacrificing the innocent, are categorically forbidden. In this original and controversial work, Cummiskey argues that there is no defensible (...) basis for this view, that Kant's own arguments actually entail a consequentialist conclusion. But this new form of consequentialism which follows from Kant's theories has a distinctly Kantian tone. The capacity of rational action is prior to the value of happiness; thus providing justification for the view that rational nature is more important than mere pleasures and pains. (shrink)

Joshua Greene has put forward the bold empirical hypothesis that deontology is a confabulation of moral emotions. Deontological philosophy does not steam from "true" moral reasoning, but from emotional reactions, backed up by post hoc rationalizations which play no role in generating the initial moral beliefs. In this paper, I will argue against the confabulation hypothesis. First, I will highlight several points in Greene’s discussion of confabulation, and identify two possible models. Then, I will argue that the evidence does (...) not illustrate the relevant model of deontological confabulation. In fact, I will make the case that deontology is unlikely to be a confabulation because alarm-like emotions, which allegedly drive deontological theorizing, are resistant to be subject to confabulation. I will end by clarifying what kind of claims can the confabulation data support. The upshot of the final section is that confabulation data cannot be used to undermine deontological theory in itself, and ironically, if one commits to the claim that a deontological justification is a confabulation in a particular case, then the data suggests that in general deontology has a prima facie validity. (shrink)

Larmore aims to recover three forms of moral complexity that have often been neglected by moral and political philosophers. First, he argues that virtue is not simply the conscientious adherence to principle. Rather, the exercise of virtue apply. He argues - and this is the second pattern of complexity - that recognizing the value of constitutive ties with shared forms of life does not undermine the liberal ideal of political neutrality toward differing ideals of the good life. Finally Larmore agrues (...) for what he calls the heterogeneity of morality. Moral thinking need not be exclusively deontological or consequentialist, and we should recognize that the ultimate sources of moral value are diverse. The arguments presented here do not attack the possibility of moral theory. But in addressing some of the central issues of moral and political thinking today thay attempt to restore to that thinking greater flexibility and a necessary sensitivity to our common experience. (shrink)

Background Best interests is a ubiquitous principle in medical policy and practice, informing the treatment of both children and adults. Yet theory underlying the concept of best interests is unclear and rarely articulated. This paper examines bioethical literature for theoretical accounts of best interests to gain a better sense of the meanings and underlying philosophy that structure understandings. Methods A scoping review of was undertaken. Following a literature search, 57 sources were selected and analysed using the thematic method. Results Three (...) themes emerged. The first placed best interests within the structure of wider theory, noting relationships with consequentialism, deontology, prudential value theory, rights and political philosophy. The second mapped a typology of processes of decision-making, among which best interests was ambiguously positioned. It further indicated factors that informed best interests decision-making, primarily preferences, dignity and quality of life. The final theme considered best interests from a relational perspective. Conclusions Characterisation of best interests as strictly paternalist and consequentialist is questionable: while accounts often suggested a consequentialist basis for best interests, arguments appeared philosophically weak. Deontological accounts, found in law and Kantianism, and theories of political liberalism influenced accounts of best interests, with accounts often associating best interests with negative patient preferences (i.e. individual refusals). There was much more emphasis on negative interests than positive interests. Besides preference, factors like dignity and quality of life were held to inform best interests decisions, but generally were weakly defined. To the extent that preferences were unable to inform decision making, decisions were either made by proxy authority or by an intersubjective process of diffuse authority. Differing approaches reflect bifurcations in liberal philosophy between new liberalism and neo-liberalism. Although neither account of authority appears dominant, bias to negative interests suggests that bioethical debate tends to reflect the widespread ascendancy of neo-liberalism. This attitude was underscored by the way relational accounts converged on private familial authority. The visible connections to theory suggest that best interests is underpinned by socio-political trends that may set up frictions with practice. How practice negotiates these frictions remains a key question. (shrink)

In this paper we look at business ethics from a deontological perspective. We address the theory of ethical decision-making and deontological ethics for business executives and explore the concept of “moral duty” as transcending mere gain and profit maximization. Two real-world cases that focus on accounting fraud as the ethical conception. Through these cases, we show that while accounting fraud – from a consequentialist perspective – may appear to provide a quick solution to a pressing problem, longer term (...) effects of fraud and misconduct make ethical implications more apparent. Widely used compensation schemes also may have the tendency to fuel unethical behavior. We argue that an ethical reinvigoration of the business world can only be accomplished by encouraging the business realm to impose upon itself some measure of self-regulating along the lines of deontological ethics. Principles of deontology should guide executive decision-making particularly when executives are tempted to operate outside of codified legislation or are bound to act under judicial-free conditions. (shrink)

This book attempts to derive a strong consequentialist moral theory from Kantian foundations. It thus challenges the prevailing view that Kant's moral theory is hostile to consequentialism, and brings together the two main opposing tendencies in modern moral theory.

In present day philosophy there are two competing views regarding practical rationality: (1) Decision and game theory and economic theory have developed a theory of rational decision which has proven to be fruitful in many areas of social science. Practical philosophy should work with that paradigm (2) Economic theory and decision theory do not have an adequate account of practical rationality. The homo oeconomicus model is – at best – one perspective which competes inter alia with philosophical accounts of practical (...) reason.In this article I try to show that these two seemingly opposing views are in fact compatible. I argue that consequentialism is an inadequate account of rationality because rational action is deontological in character. Nevertheless the decision theoretic conceptual frame should not be given up. Deontology and decision theory can be made compatible via comprehensive description of action. The conceptual frame of decision theory should be interpreted as coherentist, not consequentialist. With this intertretation deontological action, if rational, maximizes subjective value. (shrink)

In light of rampant fake news and disinformation in today's press and social media, I provide a new consequentialist argument that regulations on the media pertaining to certain false verifiable empirical facts are warranted. This contention is based in part on a collection of pre-existing empirical findings that I newly piece together from political science and psychology demonstrating that a post-truth society is likely with current media. My position is then defended from several counters, such as that it violates (...) class='Hi'>deontological rights to free speech and to freedom of the press, that free speech leads to the acquisition of truth, and that government regulators can be biased and corrupt. (shrink)

When people talk about anarchism, what they have in mind is typically political anarchism, that is, the view that there should be no state. As the philosopher and anarchism scholar David Miller observes, however, anarchism itself is a more general view, namely the view that there should be no rulers. Miller writes that “although the state is the most distinctive object of anarchist attack, it is by no means the only object. Any institution which, like the state, appears to anarchists (...) coercive, punitive, exploitative or destructive is condemned in the same way”—including, for example, religious institutions, schools, or economic systems (Miller 1984: 8). In this sense, one can be an anarchist about different things. Relationship anarchy is anarchism about personal relationships. -/- Several thinkers in the anarchist tradition have held views on personal relationships (e.g., Godwin 1793; Bakunin 1866; Goldman 1910). In what follows, however, our focus is not on the general issue of anarchist views on relationships, but on the ideas of the contemporary movement of self-identifying relationship anarchists. -/- The ideas of relationship anarchy in this sense—hereafter RA—have been developed in queer and countercultural communities over the last two decades. Rather than focusing primarily on mechanisms of political power, RA theorists have been concerned with understanding and challenging the power dynamics at play in close personal relationships. Andie Nordgren, the movement’s central, founding theorist, describes RA as a radical commitment “to avoid defining relationships by attempts to exercise power over each other” (Nordgren 2018). -/- Our aim is to give a concise presentation and defense of RA. We will approach RA as a theory in applied ethics—in particular, as a theory in sexual ethics and relationship ethics—and relate it to ongoing debates in these areas. We, the authors, are both queer men with a background in countercultures where RA is widely practiced and discussed. One of us is an activist working on trans- and sex workers’ rights (Sørlie), the other is a philosophy professor (Moen). Although we make several claims about the scope, content, and justification of RA, we do not claim to speak with any special authority on the issue. Moreover, many of the points that we make here, while not attributable to a specific source, are not original to us, but are the result of several years of fruitful discussion with others in the RA community. -/- We start by considering the cases where, from an RA perspective, current mainstream relationship norms are too restrictive. Then we turn to the cases where current norms are too permissive. Our views on what counts as “mainstream” relationship norms are, no doubt, influenced by the fact that we are writing from a Scandinavian perspective. -/- We then proceed to consider the relationship between RA and polyamory. We argue that RA is compatible with some, but not all, forms of polyamorous practice. We also argue that, from an RA perspective, the increasingly popular term “consensual non-monogamy” is a misleading term that should be avoided. In the conclusion, we explain how RA, as a position in applied ethics, can be justified within consequentialist, deontological, and virtue ethical frameworks alike. -/- We have restricted our scope, in what follows, to chosen relationships between adults. Thus, we are not dealing with, for example, kinship relationships into which one is born, nor relationships between adults and minors. Although many issues and arguments deserve to be explored in greater depth than we can do here, we hope, nevertheless, to be able to convey the main nature and thrust of RA. (shrink)

Can all goods or bads be broken down into smaller and smaller pieces? Can all goods or bads be added together with some other good or bad to get a larger amount? Further, how does moral significance track the disaggregation and the aggregation of moral goods and bads? In Part 1, I examine the limits placed on aggregation by moderate deontological moral theories. This paper focuses in particular on the work of Judith Thomson and T.M. Scanlon as well as (...) on some of my own past work on the question of aggregation in the context of overriding rights. In Part 2, I examine consequentialist criticism that harms and benefits can be broken down into smaller pieces than the deontological theory allows and the argument that the moderate deontological view is too permissive since it allows aggregation of benefits within a single person's life. In Part 3 I suggest how a moderate deontological moral theory might respond to the criticisms. I cast my answer in terms of the existence of lumpy goods and bads. I argue that consequentialist critics of deontology are wrong to insist that all goods and bads can be disaggregated and aggregated at will. Instead, I offer the suggestion that most, or many, goods and bads come in morally significant lumps. That said, it will not always be obvious what those lumps are. Determining the texture of moral value is a substantive project in normative ethics. All I have hoped to do in this paper is suggest that two standard positions on how to group moral value are mistaken and give hope that we need not adopt one of the two. Part 4 of the paper responds to an objection and sets the stage for further work in value theory. (shrink)

The protection of noncombatants from deadly violence is the centrepiece of any account of ethical and legal constraints on war. It was a major achievement of moral progress from early modern times to World War I. Yet it has been under constant attrition since - perhaps never more so than in our time, with its 'new wars', the spectre of weapons of mass destruction, and the global terrorism alert. -/- Civilian Immunity in War, written in collaboration by eleven authors, provides (...) the first comprehensive analysis of all main aspects of this highly topical subject. It considers the arguments for rejection of civilian immunity and the main theories of the grounds and proper scope of this immunity, both deontological (just war theory) and consequentialist. Separate chapters examine the historical development of the idea of civilian immunity, its standing in current international law, and the problem of "collateral damage": of harming civilians without intent, as a side-effect of attacks on military targets. The volume also addresses a string of specific issues. Civilian immunity has undergone much attrition with the development of air warfare and the tendency of military conflict to degenerate into "total" war. On the other hand, modern military technology with its precision guidance missiles and "smart" bombs opens up the possibility of restricting deadly violence to its proper targets and staying clear of civilian life, limb, and property. Another pressing issue is the fate of women in war in light of mass rapes characteristic of some 'new wars'. (shrink)

Frank Jackson claims that consequentialists should hold the view that Derek Parfit labels the second ‘mistake in moral mathematics’, which is the view that “If some act is right or wrong because of . . . effects, the only relevant effects are the effects of this particular act.” But each of the three arguments that Jackson offers is unsound. The root of the problem is that in order to argue for the conclusion Jackson aims to establish (that consequentialists should (...) not regard the second “mistake” as a mistake), one must presuppose an overly narrow, and hence distorted, understanding of what consequentialism is. (shrink)

In this paper, I argue that the some of the most popular and influential formulations of the Argument from Evil (AE) assume a moral perspective that is essentially consequentialist, and would therefore be unacceptable to deontologists. Specifically, I examine formulations of the argument offered by William Rowe and Bruce Russell, both of whom explicitly assert that their formulation of AE is theoretically neutral with respect to consequentialism, and can be read in a way that is unobjectionable to deontologists. I argue (...) that, in fact, this in not the case. Finally, I look at the implications of the consequentialist assumptions of AE for theodicies based on free will. (shrink)