What are ‘Universalizable Interests’?

Many of Habermas's critical commentators agree that Discourse Ethics fails as a theory of the validity of moral norms and only succeeds as a theory of the democratic legitimacy of socio-political norms. The reason they give is that the moral principle (U) is too restrictive to count as a necessary condition of the validity of norms. Other commentators more sympathetic to his project want to abandon principle (U) and remodel Discourse Ethics without it. Still others want to downplay the role of universalizing moral discourse and to make more of Habermas's less demanding, though still somewhat vague, conception of ethical discourse. Against this chorus of critical voices Habermas maintains that his conception of moral discourse and the moral principle (U) are central to Discourse Ethics in general, and to the normative heart of his political theory in particular. The conflict may have arisen in part because the concept of a 'universalizable interest' which is central to Habermas's understanding of moral discourse and of the moral principle (U) remains opaque even after nearly two decades of critical debate. Actually Habermas's concept of interest is pretty obscure too. But the obscurity surrounding the concept of interest is not the source of the confusion. For our present purposes we can simply stipulate that an interest is a reason to want. The notion of reason rests loosely on the notion of a need, and the concepts of need and desire are take left deliberately vague. The source of the current confusion lies in the notion of universalizability that is in play. Once we pay due attention to the conditions of the universalizability of interests contained in Habermas's formulation of the moral principle (U), we can distinguish between a weaker and a stronger version of the principle. I argue that only the weaker version is defensible. But I also want to show that Habermas is tempted into defending the stronger version, and to explain why he does so.     

Integration and authority: rescuing the ‘one thought too many’ problem

Four decades ago, Bernard Williams accused Kantian moral theory of providing agents with ‘one thought too many’. The general consensus among contemporary Kantians is that this objection has been decisively answered. In this paper, I reconstruct the problem, showing that Williams was not principally concerned with how agents are to think in emergency situations, but rather with how moral theories are to be integrated into recognizably human lives. I show that various Kantian responses to Williams provide inadequate materials for solving this ‘integration problem’, and that they are correspondingly ill-positioned to account for the authority of morality, as Williams suspected all along.     

Organized Crime and Preventive Justice

By comparison with the prevention of terrorism, the prevention of acts of organized crime might be thought easier to conceptualize precisely and less controversial to legislate against and police. This impression is correct up to a point, because it is possible to arrive at some general characteristics of organized crime, and because legislation against it is not obviously bedeviled by the risk of violating civil or political rights, as in the case of terrorism. But there is a significant residue of legal, moral and political difficulty: legislation against organized crime is hard to make effective; the harm of organized crime is not uniform, and so some preventive legislation seems too sweeping and potentially unjust. More fundamentally, the scale and rewards of organized crime are often dependent on mass public participation in markets for proscribed goods, which may point to a hidden public consensus in favour of some of what is criminalized. For all of these reasons, I argue that existing preventive policing and legislation against organized crime may be harder to justify than their counterparts in counter-terrorism, at least in the UK.     

Neither Fish nor Fowl: Implicit Attitudes as Patchy Endorsements

Implicit attitudes are mental states that appear sometimes to cause agents to act in ways that conflict with their considered beliefs. Implicit attitudes are usually held to be mere associations between representations. Recently, however, some philosophers have suggested that they are, or are very like, ordinary beliefs: they are apt to feature in properly inferential processing. This claim is important, in part because there is good reason to think that the vocabulary in which we make moral assessments of ourselves and of others is keyed to folk psychological concepts, like ‘belief’, and not to concepts that feature only in scientific psychology: if implicit attitudes are beliefs there is a prima facie case for thinking that they can serve as the basis for particular kinds of moral assessment. In this paper I argue that while implicit attitudes have propositional structure, their sensitivity and responsiveness to other mental representations is too patchy and fragmented for them to properly be considered beliefs. Instead, they are a sui generis kind of mental state, a state I dub patchy endorsements.     

Ethical Embodiment and Moral Reasoning: A Challenge to Peter Singer

This paper addresses Peter Singer's claim that cognitive ability can function as a universal criterion for measuring moral worth. I argue that Singer fails to adequately represent cognitive capacity as the object of moral knowledge at stake in his theory. He thus fails to put forth credible knowledge claims, which undermines both the trustworthiness of his moral theories and the morality of the actions called for by these theories. I situate Singer's methods within feminist critiques of moral reasoning and moral epistemology, and argue that Singer's methods are problematic for moral reasoning because they abstract from their object valuable contextual features. I further develop this claim by showing the importance of embodiment for the construal of objects of moral knowledge. Finally, I develop the moral and scholarly implications of this critique. By showing that the abstract, universal methods of reasoning Singer employs cannot credibly construe the objects of ethical inquiry, I call into question the validity of these methods as a means to moral knowledge in general. Furthermore, since moral reasoning takes place within an embodied moral landscape, it is itself a moral enterprise. Singer's moral reasoning, and ours, must be held accountable for its knowledge claims as well as its concrete effects in the world.     

Alternative motivation: a new challenge to moral judgment internalism

Internalists argue that there is a necessary connection between motivation and moral judgment. The examination of cases plays an important role in philosophical debate about internalism. This debate has focused on cases concerning the failure to act in accordance with a moral judgment, for one reason or another. I call these failure cases. I argue that a different sort of case is also relevant to this debate. This sort of case is characterized by (1) moral judgment and (2) behavior that accords with the content of the moral judgment but that has been performed not because of the moral judgment. Instead it is due to some other source of motivation. I call these alternative motivation cases. I distinguish two sorts of alternative motivation cases, and I argue that externalists have natural explanations of these cases. By contrast, extant internalist accounts of failure cases are inadequate when applied to alternative motivation cases.     

Is moral phenomenology unified?

In this short paper, I argue that the phenomenology of moral judgment is not unified across different areas of morality (involving harm, hierarchy, reciprocity, and impurity) or even across different relations to harm. Common responses, such as that moral obligations are experienced as felt demands based on a sense of what is fitting, are either too narrow to cover all moral obligations or too broad to capture anything important and peculiar to morality. The disunity of moral phenomenology is, nonetheless, compatible with some uses of moral phenomenology for moral epistemology and with the objectivity and justifiability of parts of morality.     

Modesty as an excellence in moral perspective taking

I argue for an egalitarian conception of modesty. Modesty is a virtue because an apt expression of what is, and is not, morally salient in our attitudes toward persons and is important because we are prone to arrogance, self‐importance, and hero worship. To make my case, I consider 3 claims which have shaped recent discussions: first, that modesty is valuable because it obviates destructive social rankings; second, that modesty essentially involves an indifference to how others evaluate one's accomplishments; and third, the widespread but normatively fraught assumption that the modest person is deserving of credit. Although the first 2 features identify something significant about modesty, they fail to ground it. I argue that appeals to deserved credit bear a larger explanatory burden than has been supposed; they can smuggle in the illegitimate social hierarchies that modesty is supposed to counter. I make my case for modesty as an excellence in moral perspective by arguing that prominent, nonegalitarian, accounts of modesty allow for or promote illegitimate forms of social privilege. Modesty is valuable because it expresses a commitment to fair distribution of basic moral recognition and a skillful response to unjust social hierarchies at odds with this fair distribution.     

Biocentric ethics and animal prosperity

Singer's utilitarian and Regan's deontological views must be rejected because: (1) they rely on criteria for moral standing that can only be known a priori and (2) if these criteria were successful, they'd be too restrictive. I hold that while mental properties may be sufficient for moral standing, they are not necessary. (3) Their criteria of moral standing do not unambiguously abrogate needless harm to animals. I defend a theory of biocentric individualism that upholds the principle of species egalitarianism while at the same time recognizing that in certain cases, human needs must outweigh the needs of non-humans. On this view, moral consideration is not conferred only on beings that have human-life mental properties. Finally, it offers an unambiguous recommendation for the abolition of harmful animal experimentation, factory farming, and killing animals for sport.     

Between Realism and Relativism: Moral Certainty as a Third Option

This paper is an attempt to lay out a meta-ethical position that is inspired by the framework of Wittgenstein's later philosophy. To achieve this goal, this paper is divided into two parts. First, I explore recent attempts to tie Wittgenstein's epistemology in On Certainty to moral epistemology. I argue that there can be a meaningful parallel drawn between the epistemic certainties discussed in On Certainty and what I consider to be moral certainties. These moral certainties are unjustified fundamental moral attitudes that underlie our moral practices. Then, I show how the debate over moral certainty has branched into two directions. One direction presents the concept of moral certainty as a naturalistic concept. On this reading, moral certainties transcend time and place since they are rooted in our natural tendencies to act or not act in certain ways. The other direction presents moral certainty as a distinctly relativistic concept. On this reading, we have our moral certainties because we belong to communities that agree on these certainties. In the second section, I argue that we have both natural, universal certainties and localized, relative certainties. I also argue that our localized certainties are constrained by non-moral facts about ourselves and about the world. To make this argument, I rely on Wittgenstein's concept of “general facts of nature.” The result of the paper is a meta-ethical position that can be located in between moral relativism and moral realism.     

The Expressivist Account of Punishment, Retribution, and the Emotions

This paper provides a discussion of the role that emotions may play in the justification of punishment. On the expressivist account of punishment, punishment has the purpose of expressing appropriate emotional reactions to wrongdoing, such as indignation, resentment or guilt. I will argue that this expressivist approach fails as these emotions can be expressed other than through the infliction of punishment. Another argument for hard treatment put forward by expressivists states that punitive sanctions are necessary in order for the law to be valid. But this justification of punishment, too, is unconvincing. There are no good reasons to assume that we have to resort to punitive measures in order to vindicate the law. I will then raise the more general worry whether there is any intelligible link at all between moral emotions such as indignation, resentment or guilt and retributive behaviour. I will finally conclude with some sceptical remarks on the moral worth of retribution.     

Formulating Moral Objectivity

Objective moral facts are supposed to be independent from us, but it has proven difficult to provide a clear account of this independence condition. Objective moral facts cannot be overly independent of us, as even an objective morality would depend, in important respects, on features of us. The challenge is to respect these moral mind-dependencies without inappropriately counting too many moral facts as objective. In this paper, I delineate and evaluate several different versions of the independence condition in moral objectivity. I raise problems for these ways of formulating moral objectivity and then develop a better account of moral objectivity, one that avoids the pitfalls of other proposals.     

Further problems with projectivism

From David Hume onwards, many philosophers have argued that moral thinking is characterised by a tendency to ‘project’ our own mental states onto the world. This metaphor of projection may be understood as involving two empirical claims: the claim that humans experience morality as a realm of objective facts (the experiential hypothesis), and the claim that this moral experience is immediately caused by affective attitudes (the causal hypothesis). Elsewhere I argue in detail against one form of the experiential hypothesis. My main aim in this paper is to show that, considering recent psychological studies about folk metaethics and the relation between moral judgements and emotions, the causal hypothesis must be considered problematic too. First, the most common argument in favour of the causal hypothesis is based on an implausible premise and a dubious assumption. Second, ordinary people's moral experience is influenced by a non-affective factor, namely their openness to divergent moral views. And third, projectivism in general and its causal hypothesis in particular might not even hold true for affective moral judgements. This negative assessment of projectivism is significant both for our understanding of moral cognition as an empirical phenomenon and for metaethics.     

<Emphasis Type="Italic">Justice for Hedgehogs</Emphasis>, Conceptual Authenticity for Foxes: Ronald Dworkin on Value Conflicts

In his 2011 book Justice for Hedgehogs, Ronald Dworkin makes a case for the view that genuine values cannot conflict and, moreover, that they are necessarily mutually supportive. I argue that by prioritizing coherence over the conceptual authenticity of values, Dworkin’s ‘interpretivist’ view risks neglecting what we care about in these values. I first determine Dworkin’s position on the monism/pluralism debate and identify the scope of his argument, arguing that despite his self-declared monism, he is in fact a pluralist, but unusual in denying conflict between plural values. I then set out the structure of his interpretive theory of value relations and present a case of value conflict which I think interpretivism cannot deal with. Following this I argue that there are structural reasons why cases like this are liable to occur and suggest that interpretivism will frequently fail to properly reflect people’s moral commitments because reinterpretation of values has the side effect of excluding important moral commitments from our conceptions of values. While, as Dworkin argues, there are no brute moral facts concerning values, moral psychology constrains the range of acceptable conceptions of values. Given the shortcomings of interpretivism I conclude that we should acknowledge that values may conflict.     

How Outlandish Can Imaginary Cases Be?

It is common in moral philosophy to test the validity of moral principles by proposing counter‐examples in the form of cases where the application of the principle does not give the conclusion we intuitively find valid. These cases are often imaginary and sometimes rather ‘outlandish’, involving ray guns, non‐existent creatures, etc. I discuss whether we can test moral principles with the help of outlandish cases, or if only realistic cases are admissible. I consider two types of argument against outlandish cases: 1) Since moral principles are meant for guiding action in this world, cases drawn from other worlds are irrelevant. 2) We lack the capacity to apply our intuitive moral competence to outlandish cases. I argue that while the first approach is importantly flawed, the second approach is plausible, not because our moral competence per se is limited to cases from this world, but because we lack the capacity to imagine outlandish cases, and we cannot apply our moral competence to a case we fail to imagine properly.     

Adaptationism and Early Confucian Moral Psychology

Ryan Nichols in his recent article ‘A genealogy of early Confucian moral psychology’ argues that the discussion of Confucius and Mencius on moral emotions can be provided an evolutionary analysis. Nichols’ argument is based on the evolutionary value of kin-relations and the origin of emotions toward kin in human society. In this article I argue that Nichols’ argument is flawed because he endorses an adaptationist program of human moral psychology. The adaptationists treat kin-relations and our emotions toward kin as a straightforward result of natural selection and adaptation. They ignore any non-adaptationist interpretation of biological traits. As more and more evolutionary biologists discover that the adaptationist program is too simplistic to understand the diverse evolutionary pathways of living beings, Nichols’ project is not justified due to its reliance on this problematic adaptationist program.     

Case method and casuistry: The problem of bias

Case methods of reasoning are persuasive, but we need to address problems of bias in order to use them to reach morally justifiable conclusions. A bias is an unwarranted inclination or a special perspective that disposes us to mistaken or one-sided judgments. The potential for bias arises at each stage of a case method of reasoning including in describing, framing, selecting and comparing of cases and paradigms. A problem of bias occurs because to identify the relevant features for such purposes, we must use general views about what is relevant; but some of our general views are biased, both in the sense of being unwarranted inclinations and in the sense that they are one of many viable perspectives. This reliance upon general views to determine relevancy creates additional difficulties for defenders who maintain that case methods of moral reasoning are not only useful, but more basic, reliable or prior to other forms of moral reasoning. If we cannot identify the case's relevant features and issues independently of our general views or biases, we need further explanation about why a case method or casuistry should be viewed as prior to or more basic or reliable than other forms of moral reasoning. Problems of bias also arise for other methods of reasoning. In medical science, case reviews are regarded as an unreliable way to form generalizations, and methods such as clinical trials are used to address bias.     

Moral Expertise and the Credentials Problem

Philosophers have harbored doubts about the possibility of moral expertise since Plato. I argue that irrespective of whether moral experts exist, identifying who those experts are is insurmountable because of the credentials problem: Moral experts have no need to seek out others’ moral expertise, but moral non-experts lack sufficient knowledge to determine whether the advice provided by a putative moral expert in response to complex moral situations is correct and hence whether an individual is a bone fide expert. Traditional accounts of moral expertise require that moral experts give reliably correct moral advice supported by adequate justification, an account which, I argue, is too lean in allowing for the possibility of a moral expert who is motivationally indifferent to her own moral judgments and advice. Yet even if the proposition that a moral expert is an individual who provides reliably correct moral advice supported by adequate justification and is necessarily motivated by that advice exhausts the necessary and sufficient conditions for moral expertise, this proposition cannot function as an applicable criterion for non-experts to use in appraising would-be experts’ claims to expertise. The credentials problem thus remains unanswered.

BETWEEN EXAMPLE AND DOCTRINE Contract Law and Common Morality

In Democracy and Tradition, Jeffrey Stout contends that American constitutional democracy constitutes a well‐functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first‐year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a MacIntyrean tradition. Second, I illustrate the moral richness of this tradition, and the mutually interpreting nature of rules and facts, by close attention to one particularly colorful case, Syester v. Banta. I conclude by suggesting that both religious and secular ethicists might find common law cases in general and contract law cases in particular to be a source of moral reflection that is substantively rich without being religiously divisive.     

Moral Self-Knowledge in Kantian Ethics

Kant’s duty of self-knowledge demands that one know one’s heart—the quality of one’s will in relation to duty. Self-knowledge requires that an agent subvert feelings which fuel self-aggrandizing narratives and increase self-conceit; she must adopt the standpoint of the rational agent constrained by the requirements of reason in order to gain information about her moral constitution. This is not I argue, contra Nancy Sherman, in order to assess the moral goodness of her conduct. Insofar as sound moral practice requires moral self-knowledge and moral self-knowledge requires a theoretical commitment to a conception of the moral self, sound moral agency is for Kant crucially tied to theory. Kant plausibly holds that self-knowledge is a protection against moral confusion and self-deception. I conclude that although his account relies too heavily on the awareness of moral law to explain its connection to moral development, it is insightful and important in Kantian ethics.