Moral Luck,Responsibility, and Systems of Tort Liability

Bernard Williams drew our attention to what might be wrong with denying the role of luck in our understanding of agency and responsibility. Susan Wolf and David Enoch, in separate works, have asked us to focus instead on what might be virtuous and valuable in embracing that role, and on how our institutions might assist us in that regard. They claim that the agent who ‘takes’ a responsibility that law or morality do not already assign to them may be displaying a special moral virtue or exercising a distinctive moral power. I raise some objections to Wolf’s and Enoch’s case for that claim, and query some of its purported institutional implications for tort law systems.

     

Richard Popkin – A Personal Memoir

This article is an introduction to an ancient Egyptian text called The Tale of the Eloquent Peasant and an argument that it ought to be seen as a classic of political philosophy. After contextualizing the tale as part of a tradition of moral and political philosophy in ancient Egypt, I explore the methods by which the text defines the proper roles of political authority and contrast its approach to justifying political authority with the argument from the state of nature so common in modern Western political philosophy. I claim that the tale's argument from dysfunction anticipates the move in contemporary Western political philosophy towards privileging non-ideal over ideal theory. I discuss challenges in translating the key term in the tale – ma'at – in light of the fact that it can be taken to mean ‘justice’ and/or ‘truth’. Finally, I discuss how the irony at the heart of its narrative can lead us to interpret the tale as having either conservative or revolutionary implications for the political system it depicts.     

On the Value of Coming into Existence

In this paper I argue that coming into existence can benefit (or harm) aperson. My argument incorporates the comparative claim that existence canbe better (or worse) for a person than never existing. Since these claimsare highly controversial, I consider and reject a number of objectionswhich threaten them. These objections raise various semantic, logical,metaphysical and value-theoretical issues. I then suggest that there is animportant sense in which it can harm (or benefit) a person not to comeinto existence. Again, I consider and reject some objections. Finally, Ibriefly consider what the conclusions reached in this paper imply for ourmoral obligations to possible future people.     

Cosmopolitan Pacifism

In this paper I argue that cosmopolitanism prohibits war and requires a global approach to criminal justice. My argument proceeds by drawing out some implications of the core cosmopolitan intuition that every human being has a moral status which constrains how they may be treated. In the first part of this paper, I describe cosmopolitanism. In the second part, Cosmopolitanism and War, I analyse violence, consider the standards cosmopolitanism sets for its justification, and argue that war fails to meet them. In the third part, Cosmopolitanism and Criminal Justice, I argue that cosmopolitanism implies a moral obligation to deal justly with human wrongdoing wherever it occurs. Cosmopolitan pacifism follows: war is prohibited, and a consistent global criminal justice system is required. In the fourth part, Why No Cosmopolitan Pacifists?, I consider why cosmopolitans tend not to identify as pacifists, and in the final part, Objections, I discuss some objections.     

Global Public Reason,Diversity, and Consent

Abstract

In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory of actual consent, her theory will lead to a highly unstable political system. On either side of the dilemma, global public reason faces untenable implications. Although similar criticisms have been advanced against domestic public reason, my argument is not repeating points made before me. My argument is new, in that it raises these objections specifically against global public reason, and in that it shows how, due to increased diversity of belief in the global arena, these problems are more pressing for global public reason than they are for domestic public reason.     

Demandingness and Boundaries Between Persons

ABSTRACT

Demandingness objections to consequentialism often claim that consequentialism underestimates the moral significance of the stranger/special other distinction, mistakenly extending to strangers demands it is proper for special others to make on us, and concluding that strangers may properly demand anything of us if it increases aggregate goodness. This argument relies on false assumptions about our relations with special others. Boundaries between ourselves and special others are both a common and a good-making feature of our relations with them. Hence, demandingness objections that rely on the argument in question fail. But the same observations about our relations with special others show that there are many demands special others may not properly make, and since we cannot be more guilty of unjustified partiality in insisting on boundaries between ourselves and strangers than on boundaries between ourselves and special others, there are – as demandingness objections maintain – some demands strangers may not properly make on us.     

On behalf of the consequence argument: time, modality, and the nature of free action

The consequence argument for the incompatibility of free action and determinism has long been under attack, but two important objections have only recently emerged: Warfield’s modal fallacy objection and Campbell’s no past objection. In this paper, I explain the significance of these objections and defend the consequence argument against them. First, I present a novel formulation of the argument that withstands their force. Next, I argue for the one controversial claim on which this formulation relies: the trans-temporality thesis. This thesis implies that an agent acts freely only if there is one time at which she is able to perform an action and a distinct time at which she actually performs it. I then point out that determinism, too, is a thesis about trans-temporal relations. I conclude that it is precisely because my formulation of the consequence argument emphasizes trans-temporality that it prevails against the modal fallacy and no past objections.     

Aesthetic judgements and motivation

Are aesthetic judgements cognitive, belief-like states or non-cognitive, desire-like states? There have been a number of attempts in recent years to evaluate the plausibility of a non-cognitivist theory of aesthetic judgements. These attempts borrow heavily from non-cognitivism in metaethics. One argument that is used to support metaethical non-cognitivism is the argument from Motivational Judgement Internalism. It is claimed that accepting this view, together with a plausible theory of motivation, pushes us towards accepting non-cognitivism. A tempting option, then, for those wishing to defend aesthetic non-cognitivism, would be to appeal to a similar argument. However, both Caj Strandberg and Walter Sinnott-Armstong have argued that Internalism is a less plausible claim to make about aesthetic judgements than about moral judgements by raising objections against aesthetic internalism. In this paper, I will argue that both of these objections can be raised against internalism about moral judgements as well. As a result, internalism is no less plausible a claim to make about aesthetic judgements than about moral judgements. I will then show how a theory of internalism about normative judgements in general is capable of avoiding both of these objections.     

Internal reasons and practical limits on rational deliberation

I argue that agent-causal libertarianism has a strong initial rejoinder to Mele's luck argument against it, but that his claim that it has yet to be explained how agent-causation yields responsibility-conferring control has significant force. I suggest an avenue of response. Subsequently, I raise objections to Mele's criticisms of my four-case manipulation argument against compatibilism.     

Rejecting Supererogationism

Even if I think it very likely that some morally good act is supererogatory rather than obligatory, I may nonetheless be rationally required to perform that act. This claim follows from an apparently straightforward dominance argument, which parallels Jacob Ross's argument for ‘rejecting’ moral nihilism. These arguments face analogous pairs of objections that illustrate general challenges for dominance reasoning under normative uncertainty, but (I argue) these objections can be largely overcome. This has practical consequences for the ethics of philanthropy – in particular, it means that donors are often rationally required to maximize the positive impact of their donations.     

Aristotle on the Homonymy of Being

A number of philosophers endorse, without argument, the view that there's something it's like consciously to think that p , which is distinct from what it's like consciously to think that q . This thesis, if true, would have important consequences for philosophy of mind and cognitive science. In this paper I offer two arguments for it.
The first argument claims it would be impossible introspectively to distinguish conscious thoughts with respect to their content if there weren't something it's like to think them. This argument is defended against several objections.
The second argument uses what I call "minimal pair" experiences—sentences read without and with understanding—to induce in the reader an experience of the kind I claim exists. Further objections are considered and rebutted.     

Reply to Dews,and a plea for Schelling

The discussion is a response to Dews on the question of how Schelling's Freiheitsschrift should be interpreted. It falls into two halves, the first defending my interpretation, and the second expanding on the case that Dews makes for the unavoidability of metaphysics in the theory of human freedom, with which I am in full agreement. The main criticism that Dews makes of my reading is that the argument I attribute to Schelling concerning the metaphysical significance of evil rests on Kantian assumptions regarding the existence of pure practical reason, which Schelling rejects. I argue that, though certainly matters are more complicated than my earlier discussion made them seem, Schelling remains sufficiently close to Kant for the argument I attribute to avoid inconsistency. In the second half I raise what I claim to be a neglected but important question: Why is the legacy of classical German philosophy not regarded as significant for contemporary discussion of human freedom? My answer in brief is that the concept of freedom has undergone a profound contraction. In this context I also try to define more precisely what is distinctive of Schelling's view of human freedom.     

Skeptical Theism Unscathed: Why Skeptical Objections to Skeptical Theism Fail

Arguments from evil purport to show that some fact about evil makes it (at least) probable that God does not exist. Skeptical theism is held to undermine many versions of the argument from evil: it is thought to undermine a crucial inference that such arguments often rely on. Skeptical objections to skeptical theism claim that it (skeptical theism) entails an excessive amount of skepticism and therefore should be rejected. In this article, I show that skeptical objections to skeptical theism have a very limited scope: only those who reject certain (apparently) popular epistemological theories will be threatened by them.     

Hare on Possible People

abstract    R. M. Hare claims that we have duties to take the preferences of possible people into consideration in moral thinking and that it can harm a merely possible person to have been denied existence. This essay has three parts. First, I attempt to show how Hare's universalizability argument for our obligations to possible people may fail to challenge the consistent proponent of the actuality restriction on moral consideration, regardless of whether this proponent is construed as an amoralist or a fanatic. Second, I raise some objections to Hare's claim that a merely possible person can be harmed. Even if Hare could successfully overcome the objection that a possible person cannot be the recipient of harm, he would still need to show that this harm is morally significant. Third, whether or not Hare is able to answer these objections, I indicate how his moral theory still supports his general position on possible people — namely, that we are ceteris paribus morally bound to bring happy people (and avoid bringing miserable people) into existence.     

Autonomy,Vote Buying,and Constraining Options

A common argument used to defend markets in ‘contested commodities’ is based on the value of personal autonomy. (1) Autonomy is of great moral value; (2) removing options from a person's choice set would compromise her ability to exercise her autonomy; (3) hence, there should be a prima facie presumption against removing options from persons’ choice sets; (4) thus, the burden of proof lies with those who wish to prohibit markets in certain goods. Christopher Freiman has developed a version of this argument to defend markets in votes. I argue that Freiman's argument fails, and that its failure illustrates the falsity of the widespread claim that the more options a person has available to her the better able she will be to exercise her autonomy. In Part 1, I outline Freiman's argument from ‘the presumption of voter liberty’ for legalising markets in votes. In Part 2, I argue that the option to sell one's vote in a legal market for them would be a ‘constraining option’ – an option which, if chosen, would be likely to lead to a diminution in a person's future ability to exercise her autonomy. In Part 3, I respond to objections to my arguments.     

Qualia and vagueness

In this paper I present two arguments against the thesis that we experience qualia. I argue that if we experienced qualia then these qualia would have to be essentially vague entities. And I then offer two arguments, one a reworking of Gareth Evans' argument against the possibility of vague objects, the other a reworking of the Sorites argument, to show that no such essentially vague entities can exist. I consider various objections but argue that ultimately they all fail. In particular I claim that the stock responses to the Sorites argument fail against my reworking of the argument because they require us to make a distinction between a determinate reality and how that reality appears to us, whereas in the case of qualia we can make no such distinction. I conclude that there can be no such things as qualia.I would like to thank the referees and Leopold Stubenberg for their help and comments.     

Gabrielle Suchon,Freedom, and the Neutral Life

ABSTRACT

A central project of Enlightenment thought is to ground claims to natural freedom and equality. This project is the foundation of Suchon’s view of freedom. But it is not the whole story. For, Suchon’s focus is not just natural freedom, but also the necessary and sufficient conditions for oppressed members of society, women, to avail themselves of this freedom. In this paper I, first, treat Suchon’s normative argument for women’s right to develop their rational minds. In Section 2, I consider Suchon’s three necessary and sufficient conditions for freedom and the manners in which women are blocked from meeting them. The normative argument together with the obstacles to women meeting the conditions for freedom raises the question of how to get women into a position where they can enjoy the freedom to which they are entitled. In Section 3, I outline Suchon’s answer: women must live a life without attachment. I argue this answer situates Suchon both chronologically and theoretically between the Béguines, a medieval women’s spiritual movement, and twentieth-century feminist separatism. I conclude that Suchon’s view of freedom is radical, both for its time and ours, and deserves greater attention from historians of philosophy and of feminist thought.     

Good Athlete – Bad Athlete? on the ‘Role-Model Argument’ for Banning Performance-Enhancing Drugs

The paper critically discusses a role-model argument (RMA) in favour of banning performance-enhancing drugs in sport. The argument concludes that athletes should be banned from using performance-enhancing drugs because if they are allowed to use such drugs they will encourage, or cause, youngsters who look up to them to use drugs in a way that would be harmful. In Section 2 the structure of the argument and some versions of it are presented. In Section 3 a critical discussion of RMA is presented. It is argued that we should be reluctant to accept the argument as it stands for at least three reasons: (i) it rests on an unsupported empirical claim; (ii) it also makes a false empirical claim; and (iii) the normative premise of the argument is too demanding morally. Further objections to the RMA are also discussed, but argued to be beside the point     

Revolution Against Non-violent Oppression

Oppressive governments that use violence against citizens, e.g. murder and torture, are usually thought of as liable to armed revolutionary attack by the oppressed population. But oppression may be non-violent. A government may greatly restrict political rights and personal autonomy by using surveillance, propaganda, manipulation, strategic detention and similar techniques without ever resorting to overt violence. Can such regimes be liable to revolutionary attack? A widespread view is that the answer is ‘no’. On this view, unless a government is or is likely to turn violent, revolution against it is disproportional. After all, revolution would involve launching potentially lethal attacks against oppressors who do not threaten the lives and bodily integrity of their subjects but pose only lesser threats. I argue that this claim of disproportionality is false. Armed revolution against Stably Non-violent Oppressive Regimes (which are neither violent, nor are likely to become violent) can be proportional under some circumstances, thus they may be liable to revolutionary attack. My argument relies on the Responsibility-Sensitive Account of Proportionality. This account holds that responsibility for posing threats renders agents liable to greater defensive harms than the harms with which they threaten. Even if non-violent oppressive regimes do not threaten citizens with murder, serious physical injury, or enslavement, their responsibility for creating an environment in which citizens’ political rights and personal autonomy are extremely restricted may loosen the proportionality requirement of inflicting defensive harm and render them liable to revolutionary attack.

     

THE MODAL ARGUMENT FOR A PRIORI JUSTIFICATION

Kant famously argued that, from experience, we can only learn how something actually is, but not that it must be so. In this paper, I defend an improved version of Kant's argument for the existence of a priori knowledge, the Modal Argument , against recent objections by Casullo and Kitcher. For the sake of the argument, I concede Casullo's claim that we may know certain counterfactuals in an empirical way and thereby gain epistemic access to some nearby, nomologically possible worlds. But I maintain that our beliefs about metaphysical necessities still cannot be justified empirically. Furthermore, I reject Casullo's deflationary thesis about the significance of such justification. Kitcher's most troublesome objection is that we can gain any modal justification whatsoever through testimony , i.e. in an experiential way. This can be countered by distinguishing between productive sources of justification, like perception, and merely reproductive sources, like testimony. Thus, some productive a priori source will always be needed somewhere. ¹