ABSTRACTThe jus ad bellum criterion of right intention is a central guiding principle of just war theory. It asserts that a country’s resort to war is just only if that country resorts to war for the right reasons. However, there is significant confusion, and little consensus, about how to specify the CRI. We seek to clear up this confusion by evaluating several distinct ways of understanding the criterion. On one understanding, a state’s resort to war is just (...) only if it plans to adhere to the principles of just war while achieving its just cause. We argue that the first understanding makes the CRI superfluous, because it can be subsumed under the probability of success criterion. On a second understanding, a resort to war is just only if a state’s motives, which explain its resort to war, are of the right kind. We argue that this second understanding of the CRI makes it a significant further obstacle to justifying war. However, this second understanding faces a possible infinite regress problem, wh... (shrink)

It has been argued that the criterion of right intention adds nothing in just war theory – that it is subsumed by other conditions on just war. It has also been argued that there is no tenable reading of the criterion at all, and in particular that taking it as a positive requirement on the state's motives is after all incoherent in a way that would make it impossible to satisfy. This article gives an action-theoretic analysis of (one (...) central understanding of) the criterion and uses it to examine arguments that have been offered for the strong negative claims above. It is shown that none of these arguments succeed. Our endeavor brings welcome clarity and understanding to our own ideas about the criterion. (shrink)

I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against (...) anyway. This account also avoids the inefficiency of having proportionality considerations come up at two different points: in a separate criterion of just cause and in the criterion of proportionality proper. ‘Right intention’, the subjective element of the justification of a war, on the other hand, is not to be subsumed under the criterion of just cause: there can be a just cause without anybody knowing it. Conversely, however, the subjective element requires that those responsible for waging the war do know that the justifying objective conditions are fulfilled. This is in one sense more demanding than traditional just war theory; in another sense, however, it is less demanding: nobody needs to intend to fight for a ‘just aim’. (shrink)

According to just war theory, a resort to war is justified only if it satisfies the right intention condition. This article offers a critical examination of this condition, defending the thesis that, despite its venerable history as part of the just war tradition, it ought to be jettisoned. When properly understood, it turns out to be an unnecessary element of jus ad bellum, adding nothing essential to our assessments of the justice of armed conflict.

This essay responds to the argument that US interest in Kuwaiti oil made its war against Iraq fail the just-war criterion of right intention. That argument is based on a misunderstanding of the criterion, namely, that right intention requires not merely the presence of a concern for justice but the absence of any other (especially self-interested) motives. Correction of this misunderstanding is important to application of the just-war theory to the general question of intervention in foreign (...) wars. (shrink)

It has been argued that the criterion of right intention adds nothing in just war theory – that it is subsumed by other conditions on just war. It has also been argued that there is no tenable reading of the criterion at all, and in particular that taking it as a positive requirement on the state's motives is after all incoherent in a way that would make it impossible to satisfy. This article gives an action-theoretic analysis of (one (...) central understanding of) the criterion and uses it to examine arguments that have been offered for the strong negative claims above. It is shown that none of these arguments succeed. Our endeavor brings welcome clarity and understanding to our own ideas about the criterion. (shrink)

In a recent article Duncan Purves, Ryan Jenkins, and B. J. Strawser argue that in order for a decision in war to be just, or indeed the decision to resort to war to be just, it must be the case that the decision is made for the right reasons. Furthermore, they argue that this requirement holds regardless of how much good is produced by said action. In this essay I argue that their argument is flawed, in that it mistakes (...) what makes an agent morally good for what makes an act morally good. I argue that the main thrust of Purves et al.’s argument in fact undermines the conclusion they wish to draw, and that the reasons for one’s action do not make an in principle difference to the morality of actions in war. I further argue that this position undermines the traditional ad bellum just war constraint of right intention, and that the morality of actions in war is, at core, only concerned with outcomes. I conclude by clarifying that one’s reasons for action do in fact matter when deciding to enter war or kill in war, but only because one’s reasons significantly impact the way in which one acts. The purpose of this paper is to clear the theoretical space by showing why intentions/reasons do not in principle matter when assessing the morality of war (or killing), but this should not be taken as an argument that we should ignore intentions/reasons altogether. (shrink)

This paper explores Brian Orend's contribution to the just war tradition, specifically his proposed jus post bellum criteria and his idea of pre-commitment to jus in bello and jus post bellum as part of an expanded jus ad bellum criterion of right intention. The latter is based on his interpretation of Kant's work: that as part of the original decision to begin a war, a state should commit itself to certain rules of conduct and appropriate war termination, and (...) if it cannot so commit, it should not continue further down the path to using force. Orend's revised right intention brings jus post bellum ?into the fold? of the just war tradition, requiring that state obligations go beyond correct conduct in war. The article argues that whatever the nature of the just cause, there is a compelling argument for committing to jus in bello and jus post bellum as part of jus ad bellum right intention. The justness of the cause in the contemporary era requires strictness rather than leniency in the conduct and termination of war for a state to remain legitimate in the eyes of the world. In the context of Orend's proposals, this would require that states ?do their homework? and ?tie themselves to the mast?; this includes providing proof that the situation on the ground is understood, conducting a feasibility test on the proposed intervention and publicly identifying and committing to their obligations and responsibilities during and after war. Recognising the practical and political obstacles to adopting this idealistic revision of the just war tradition, the paper nevertheless concludes that Orend's contribution is significant and worthy of exploration: it offers a kernel of hope for counteracting pressures to lower the threshold of resort to force, delivering greater justice for the innocent victims of war and providing greater probability of durable peace post-war. (shrink)

It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an (...) alternative explanation. It is not the intention of the doctor that counts, but the availability of an “objective” palliative justification. (shrink)

Most philosophical defences of the state’s right to exclude immigrants derive their strength from the normative importance of self-determination. If nation-states are taken to be the political institutions of a people, then the state’s right to exclude is the people’s right to exclude – and a denial of this right constitutes an abridgement of self-determination. In this paper, I argue that this view of self-determination does not cohere with a group-agency view of nation-states. On the group-agency (...) view that I defend, a nation-state is the kind of group-agent that does not supervene on the intentionality of member/citizens. If we think that a nation-state is an intentional group-agent in its own right, then we should think that self-determination resides with the institutions of the state rather than with the citizens. If nation-states do not supervene on the intentionality of citizens, then it is unclear why citizens might have the right to control membership in the state as a feature of self-determination. (shrink)

I argue in this essay that belief/desire explanations are not logically true and not causal, and further that the antecedent of a true belief/desire conditional cannot be strengthened in such a way as to transform it into a true causal statement. I also argue that belief/desire explanations are not dispensable: they are presupposed in our justifications of scientific claims. The proposal is not that psychological determinism is false, but that some at least of our activities are not describable in causal (...) terms. These arguments prepare the ground for a puzzle. If all human intentional behaviour is caused, then all actual linkages between psychological states and behaviour should be expressed in causal statements. But neither the action of asserting a causal statement nor the action of justifying the assertion can be described as the result of a cause. Therefore if one accepts that scientific claims can be justified, not all linkages between psychological states and subsequent action are expressible in causal statements. I do not offer a solution to this puzzle. (shrink)

In its recent review of the US Public Health Service Sexually Transmitted Disease Inoculation Study, conducted in Guatemala from 1946 to 1948, the Presidential Commission for the Study of Bioethical Issues identified a number of egregious ethical violations, but failed to adequately address issues associated with the intentional exposure research design in particular. As a result, a common public misconception that the study was wrong because researchers purposefully infected their subjects has been left standing. In fact, human subjects have been (...) exposed to disease pathogens for experimental purposes for centuries, and this study design remains an important scientific tool today. It shares key features with other types of widely accepted research on human subjects and can be conducted ethically, provided certain safeguards are implemented. That these safeguards were not implemented in Guatemala is what made that study wrong, rather than the fact of intentional exposure itself. To preserve public trust in the clinical research enterprise, this conclusion ought to be stated explicitly and emphasised. (shrink)

In this paper I argue against Fried’s thesis that a wrong must be intended by the violator in order for a person’s negative rights to be violated. With Fried’s requirement these rights become in a sense derivative from wrongs. This makes the relation between one’s negative rights and one’s moral integrity, upon which Fried wants to base rights, indirect and inappropriately weak. If rights are based on one’s status as a freely choosing, rational, moral personality, then whether one’s rights are (...) violated should be determined by inspecting one’s own loss of integrity or function, not by examining the assailant’s intentions. (shrink)

This book represents a unique contribution to the study of ethics: an introductory textbook that is designed to be very readable while at the same time being deeply philosophical. It leads the reader on an exploration of the major approaches to ethics that have developed in the Western philosophical tradition: Ethical Relativism, Virtue Ethics, Natural Law Ethics, Ethical Egoism, Utilitarianism, Duty Ethics, Social Contract Theory, and Divine Command Theory. It discusses the chief strengths and weaknesses of each and opts for (...) a modified Divine Command Theory while retaining the useful elements of each of the other theories. Written in a clear and engaging fashion, Moral Reasoning seeks to lead the reader to a more methodological approach to making moral decisions. To this end it employs a number of special pedagogical tools such as beginning each chapter with a summary of the contents, highlighting key terms in bold text, and closing each chapter with a list of key terms and suggestions for additional reading. Each chapter also contains illustrations that help the reader to visually connect with the material presented in that chapter. (shrink)

This essay gives more detailed content to the widespread view that the Human Rights Act 1998 (HRA) has changed the traditional role of parliamentary intention in statutory interpretation. It begins by outlining the various ways in which legislative intent has featured in traditional (pre-HRA) statutory interpretation. This is followed by an examination of the interpretive principles developed by the senior judiciary under the HRA case-law, focusing on the extent to which they seem to depart from traditional principles. It is (...) argued that although the traditional role of parliamentary intention is partly preserved post-HRA, the interpretive obligation under s 3(1) HRA nonetheless shifts the interpretive focus away from what Parliament originally intended in enacting the legislation under HRA scrutiny, towards fulfilling the overriding goal of achieving compatibility with Convention rights. The final sections of the essay attempt to provide an account of what is involved in this shift. (shrink)

The paper discusses Hegel’s conception of intentional action. Drawing principally on Hegel’s analysis of the determinations and rights of action in the Morality chapter of the Philosophy of Right, I suggest that Hegel is committed to a corrigibilist view of action, according to which intentions are definitive of action, objective, and publicly accessible, in principle, via ex post facto corrective interpretation. I conclude by commenting briefly on the place of Hegel’s conception of action in the broader action-theoretic landscape.

In earlier work, I relied on a commonly-held view about the relationship between the concept of acting intentionally and the concept of performing a behavior in order to achieve a goal. Eric Wiland responds that it was actually a mistake to rely on this view and that the relationship between these concepts is far more complex than was previously thought. I now think that Wiland may be right to reject my earlier approach, and I therefore provide additional empirical support (...) for his basic claim. 2012 APA, all rights reserved). (shrink)

Experimental studies investigating the contribution of conscious intention to the generation of a sense of agency for one’s own actions tend to rely upon a narrow definition of intention. Often it is operationalized as the conscious sensation of wanting to move right before movement. Existing results and discussion are therefore missing crucial aspects of intentions, namely intention as the conscious sensation of wanting to move in advance of the movement. In the present experiment we used an (...) intentional binding paradigm, in which we distinguished between immediate intention, as usually investigated, and longer standing intention. The results showed that the binding effect was significantly enhanced for distal intentions compared to proximal intentions, indicating that the former leads to stronger sense of agency. Our finding provides empirical support for a crucial distinction between at least two types of intention when addressing the efficacy of conscious intentions. (shrink)

In this paper I first argue that we do not need to intend all the features of X in order to consent to X. I will present cases in which agents intend to consent to gambles, and intend to consent to have sex with people under certain descriptions, de re, rather than de dicto. Next, I argue that deception – even deception about features of a sexual act that qualify as “deal-breakers” for a participant – might not always have the (...) power to undermine sexual consent. In both sections I craft my arguments by appealing to a proposal about the scope of rights. I suggest that we may have intentions regarding our sexual experiences that do not map onto the rights that we actually hold pertaining to those sexual experiences. (shrink)

Abstract Right intention is one of the staple criteria of traditional just war theory. In classical terms, right intention is met when a belligerent aims to achieve a just and peaceful order. I will address the problem of determining when a belligerent has satisfied the criterion of right intention. I will argue that right intention is determined by observing a belligerent's acts during and after a conflict. Intention is not merely a (...) private mental act known ultimately only by the people who express the intentions of their governments. Rather, right intention is a communal, public act, for the observable circumstances are how intention is determined. I will demonstrate the effectiveness of this way of determining intention by concentrating on the stated intentions of the Allies before World War II and of the U.S. before the First and Second Gulf Wars. The goal of the paper is to demonstrate that the international community can check a belligerent's stated intentions both while the war is in progress and after the war has ended. I will argue that how well a belligerent conforms to the jus in bello and, when appropriate, to the jus post bellum, provide the international community with much of the information it needs to determine whether or not right intention has been met. (shrink)

Brian Loar [1976] observed that communicative success with singular terms requires more than correct referent assignment. For communicative success to be achieved, the audience must assign the right referent in the right way. Loar, and others since, took this to motivate Fregean accounts of the semantics of singular terms. Ray Buchanan [2014] has recently responded, maintaining that, although Loar is correct to claim that communicative success with singular terms requires more than correct referent assignment, this is compatible with (...) direct reference approaches, as long as one also endorses an independently motivated Gricean view of communicative intentions. This paper argues that Buchanan's Gricean view cannot account for the full range of Loar cases. In doing so, it aims to explicate the structure of Loar's cases and thus to clarify the conditions that a theory must meet in order to adequately meet his challenge. (shrink)

Four experiments examined people’s folk-psychological concept of intentional action. The chief question was whether or not _evaluative _considerations — considerations of good and bad, right and wrong, praise and blame — played any role in that concept. The results indicated that the moral qualities of a behavior strongly influence people’s judgements as to whether or not that behavior should be considered ‘intentional.’ After eliminating a number of alternative explanations, the author concludes that this effect is best explained by the (...) hypothesis that evaluative considerations do play some role in people’s concept of intentional action.<b> </b>. (shrink)

The words ―Rights,‖ ―Trust,‖ ―Human Dignity,‖ and even ―Government‖ have widely varying meanings and connotations, differing across time, languages and cultures. Concepts of rights, trust, and human dignity have been examined for centuries in great depth by ethicists and other philosophers and by religious think-ers, and more recently by social scientists and, especially as related to information, by information scientists. Similarly, discussions of government are well documented in writings back to Plato and Aristotle, with investi-gations of electronic government dating back (...) only to the early 1990s with the advent of the Internet and the World Wide Web. At first e-government was described in glowing, positive terms. Little, if any, attention was paid to two critical questions: 1) Will people trust e-government? and 2) How will cultural differences affect individuals‘ trust in government and their perceptions of govern-ment‘s effect of their human dignity? Examinations of trust and distrust by individuals within organizations have addressed questions of motives and intentions, expectations of behavior, protection of interests, confi-dence in accuracy and reliability of information, vulnerability, and reciprocity, among other complex topics. Establishing e-government services often requires going through several phases: 1) publish , 2) interact transact transform . Building and maintaining trust in e-government require developing an understanding both of the many levels of interactions where trust must be earned and of cultural differences. Another challenge in developing such a framework is that e-government, itself, is very dynamic, changing rapidly over time. Trust in content or a system available one day may not carry over when the content and/or system changes dramatically. Components of a framework must include the follow-ing dimensions: conceptual domains, cultural dimensions, information content dimensions, and system di-mensions. Of course, these dimensions must be considered within the context of rapidly changing govern-ments, ICT services, the digital divide, and other factors. This paper provides a very brief overview of some of the notions of trust and distrust, concentrating on those concerning trust as it relates to notions of power, trust in organizations, and trust in information and information systems as one part of a framework to ad-dress the question of trust in e-government. It also makes a few recommendations for how to build citizen-centric e-government to ensure information rights through a focus on human dignity, fundamental human rights, and earning trust. (shrink)

The right to withdraw from research without penalty is well established around the world. However, it has been challenged in some corners of bioethics based on concerns about various harms—to participants, to scientific integrity, and to research bystanders—that may stem from withdrawal. These concerns have become particularly salient in emerging debates about the ethics of controlled human infection (CHI) studies in which participants are intentionally infected with pathogens, often in inpatient settings with extensive follow‐up. In this article, I provide (...) support for preserving the right to withdraw from research without penalty and demonstrate that it is also typically justified in the specific context of CHI studies. The right is well aligned with individual freedoms outside the research setting, where autonomous individuals are permitted to engage in behaviors that will foreseeably cause them harm; where they cannot be compelled to satisfy contracts for their services, nor penalized for failure to do so; and where their behavior is not constrained by public health authorities except in extreme circumstances. These freedoms are supported by U.S. law, as well as by ethical analysis that is more globally relevant. The problems associated with the right to withdraw, however, remain. The best approach to addressing them is not to restrict the right but rather to avoid initiating research when withdrawal would be especially problematic. If research proceeds, steps can still be taken to minimize participant withdrawal without infringing the right. Investigators can avoid participant surprise through informed consent focused on a study’s most burdensome aspects and promote study completion through financial incentives. Should participants nonetheless seek to withdraw, investigators may attempt to persuade them not to do so by encouraging consideration of the range of potential harms that may result. Researchers conducting CHI studies and other research from which withdrawal might be especially problematic should prepare for the possibility of participant withdrawal, respect participant requests to withdraw without penalty, and incorporate various measures to avoid such requests. (shrink)

Reproductive techniques and practices, ranging from ordinary birth-control measures and artificial insemination to embryo transfer and surrogate motherhood, have greatly enhanced our range of reproductive choices. As a consequence, they pose a number of difficult moral and legal questions with regard to the formation of a family and our conception of parenthood. A view that is becoming increasingly common is that parental rights and responsibilities should not be based on genetic relationships but should instead be seen as arising from agreements (...) or contracts between individuals. Accordingly, a man who consents to his wife's artificial insemination by donor (AID) and not the sperm donor, is the legal father of the child; in surrogacy agreements, the intending mother, and not the surrogate, has the right to raise the resulting child. While agreeing that biology should not form the basis for assigning legal parenthood, I argue that the theory of intentional parenthood, despite being put forward as a liberal theory, is geared toward or will have the function of protecting the nuclear family and inhibiting the formation of alternative family forms. (shrink)

Reproductive techniques and practices, ranging from ordinary birth-control measures and artificial insemination to embryo transfer and surrogate motherhood, have greatly enhanced our range of reproductive choices. As a consequence, they pose a number of difficult moral and legal questions with regard to the formation of a family and our conception of parenthood. A view that is becoming increasingly common is that parental rights and responsibilities should not be based on genetic relationships but should instead be seen as arising from agreements (...) or contracts between individuals. Accordingly, a man who consents to his wife's artificial insemination by donor (AID) and not the sperm donor, is the legal father of the child; in surrogacy agreements, the “intending mother,” and not the surrogate, has the right to raise the resulting child. While agreeing that biology should not form the basis for assigning legal parenthood, I argue that the theory of intentional parenthood, despite being put forward as a liberal theory, is geared toward or will have the function of protecting the nuclear family and inhibiting the formation of alternative family forms. (shrink)

PurposeThis paper presumes that a public policy document must aim at protecting human rights. The question being raised is- what kind of moral reasoning or grounding can we afford to the idea that human rights are important for the whole framework of public policy. The paper aims at looking at the moral and political philosophy of Immanuel Kant as we find it in his Groundwork of the Metaphysics of Morals and the Metaphysics of Morals for providing this background.MethodThe paper provides (...) an exegetical account of some of the key concepts in Kant’s moral philosophy and the application of these in socio-political contexts.Result and DiscussionThe processes involved in the framing of the document, the document itself, as well as the persons framing the document must aspire to respect and protect human rights. The implication itself rests on the principle that a moral end cannot be achieved by immoral means and protecting human rights is a moral end that all societies must seek to achieve. Hence not only the end, which in this case is the policy document itself, but the means, i.e., the processes of framing the documents and intentions of those responsible and accountable for it, must also be moral. (shrink)

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. In (...) this article, however, we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (shrink)

Recently philosophers have proposed a wide variety of interventions referred to as ‘moral enhancements’. Some of these interventions are concerned with helping individuals make more informed decisions; others, however, are designed to compel people to act as the intervener sees fit. Somewhere between these two extremes lie interventions designed to direct an agent's attention either towards morally relevant issues – hat-hanging – or away from temptations to do wrong – hat-hiding. I argue that these interventions fail to constitute genuine moral (...) enhancement because, although they may result in more desirable outcomes – more altruism, more law-following, and/or less self-destructive behavior, they ignore a person's intentions, and often what makes an action right or wrong is the intent behind it. (shrink)

Intention plays a central role in coordinating action. It does so, it is commonly thought, by allowing one to plan further actions for the future on the basis of the belief that it will be executed. Doxasticists about intention (Harman, Velleman) conclude from this that accounting for this role of intention requires accepting the thesis that intention involves belief. Conativists (Bratman, Brunero, Mele) reject that conclusion. I argue that Doxasticists are right in calling attention to (...) the existence of a cognitive aspect to intention-based coordination, but that such an aspect is better understood in terms of the attitude of reliance than of belief. I also argue that an appeal to reliance affords Conativists with useful resources for explaining that aspect of intention-based coordination in a way that is compatible with their rejection of the aforementioned thesis. (shrink)

We should not investigate facts by the light of arguments, but arguments by the light of facts.Myson of Chen, one of the Seven Sages ca. 600 B.C.To settle scores as well as problems, to shake things up, to make people think about what they said and wrote, to be provocative without being unjust...Kingsley AmisIn their critique of Wisconsin's revised child protection Statute, Kenneth De Ville and Loretta Kopelman argue rightly that “words matter.” Word mongering infects most political dialogue and is (...) nowhere more virulent than in the American abortion debate. Dichotomies such as “ unborn child” and “fetus,” expectant mother” and “pregnant woman,” “anti-choice’’ and “pro-choice,” “pregnancy termination” and “murder” symbolize the polarity of the abortion argument and the importance of language as a powerful conceptual weapon. The debate over reproductive rights is a war often fought on a linguistic battlefield. There, combatants forgo rules of engagement. Mal-intentioned illiteracy, ranging from the puerile to the vituperative, is always strategic. (shrink)

Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain (...) benefits, yet war is part of the human condition. James G. Murphy’s insightful analysis of the jus ad bellum criteria—competent authority, just cause, right intention, probability of success, last resort, and proportionality—is grounded in a variety of contemporary examples from World War I through Vietnam, the "soccer war" between Honduras and El Salvador, Afghanistan, and the Middle East conflict. Murphy argues persuasively that understanding jus ad bellum requires a primary focus on the international common good and the good of peace. Only secondarily should the argument about going to war hinge on the right of self-defense; in fact, pursuing the common good requires political action, given that peace is not simply the absence of violence. He moves on to demonstrate the interconnectedness of the jus ad bellum criteria, contending that some criteria depend logically on others—and that competent authority, not just cause, is ultimately the most significant criterion in an analysis of going to war. This timely study will be of special interest to scholars and students in ethics, war and peace, and international affairs. (shrink)

“Benefit to the world” and “Heaven’s intent” are not, as is often assumed, separate criteria for action in Mozi’s 墨子 ethics; they are the same in extension but not intension. When Mozi speaks in terms of “Heaven’s intent,” it is to highlight the criterion’s retrospective orientation and its scope; taking a cue from Heaven’s reactions to past deeds, agents specify the scope of “the world” by reference to the past performance of persons regarding benefit to the world. This diverges from (...) a principle that is often attributed to Mozi, of considering the benefit of all equally without regard for past performance. (shrink)

Motive and Rightness is the first book-length attempt to answer the question, Does the motive of an action ever make a difference in whether that action is morally right or wrong? Steven Sverdlik argues that the answer is yes. His book examines the major theories now being discussed by moral philosophers to see if they can provide a plausible account of the relevance of motives to rightness and wrongness. Sverdlik argues that consequentialism gives a better account of these matters (...) than Kantianism or certain important forms of virtue ethics. In carrying out the investigation Sverdlik presents an analysis of the nature of motives, and he considers their relations to normative judgments and intentions. A chapter is devoted to analyzing the extent to which motives are 'available' to rational agents, and the importance of feelings and unconscious motives. Historical figures such as Kant, Bentham, Mill and Ross are discussed, as well as contemporary writers like Korsgaard, Herman, Hurka, Slote and Hursthouse. Motive and Rightness is unusual in its interweaving of ethical theory, both historical and contemporary, with moral psychology, action theory, and psychology. (shrink)

Is there a right or wrong way to play a game? Many think not. Some have argued that, when we insist that players obey the rules of a game, we give too much weight to the author’s intent. Others have argued that such obedience to the rules violates the true purpose of games, which is fostering free and creative play. Both of these responses, I argue, misunderstand the nature of games and their rules. The rules do not tell us (...) how to interpret a game; they merely tell us what the game is. And the point of the rules is not always to foster free and creative play. The point can be, instead, to communicate a sculpted form of activity. And in games, as with any form of communication, we need some shared norms to ground communicative stability. Games have what has been called a “prescriptive ontology.” A game is something more than simply a piece of material. It is some material as approached in a certain specified way. These prescriptions help to fix a common object of attention. Games share this prescriptive ontology with more traditional kinds of works. Novels are more than just a set of words on a page; they are those words read in a certain order. Games are more than just some software or cardboard bits; they are those bits interacted with according to certain rules. Part of a game’s essential nature is the prescriptions for how we are to play it. What’s more, we investigate the prescriptive ontology of games, we will uncover at least distinct prescriptive categories of games. Party games prescribe that we encounter the game once; heavy strategy games prescribe we encounter the game many times; and community evolution games prescribe that we encounter the game while embedded in an ongoing community of play. (shrink)

Thomas Hurka derives rights to punish from what I will term the Libertarian Rights Principle, which is “that there is really only one natural right, namely the equal right of all persons to the most extensive liberty compatible with a like liberty for other persons, and that all other natural rights are species or instances of the right to liberty.” These rights to punish, he says, extend only to punishing violators of rights, never to “punishing” the innocent; (...) extend only to punishing for violations pursuant to intentions publicly announced prior to these violations; are subject to the “upper limit qualification” that a permissible punishment for the violation of a right cannot be an act that would violate a more important right ; and are subject to the “minimum necessary qualification” that a punishment p for violating a right r is not permissible if a punishment p' that would, were it permitted, violate a less important right than would p, would protect r as effectively as would p. (shrink)

Voting is a collective activity: it requires more than one person to win a vote. In a corporation, voting allows the winning idea to become an intention of the corporate group once the vote is concluded. In this paper, argue that unlike in corporate boards, in a democratic election, the voting process does not create a group intention. The difference between the two processes is an oft-overlooked moment directly after the corporate vote in which members on the losing (...) side ratify the decision of the group and move on with the group into the future. In state elections, because of the high cost of renouncing membership, there is typically no ratification moment. While different groups do have collective intentions prior to an electoral vote, the vote itself does not manifest the intention of a group agent such as ‘the People.’ This conclusion has implications for minority rights. (shrink)

If you injure me, it matters morally whether it was an accident or you did it intentionally, and whether you did it because you thought it would be fun. I take it that any ethical theory will have to include some explanation of why this is. There are two dominant views in the current debate about the moral significance of an agent’s intentions: The one is that the intention with which someone acts at least sometimes determines whether what she (...) does is right or wrong (permissible or impermissible). Proponents of the so-called doctrine of double-effect (DDE) hold that an action which has certain bad outcomes may be permissible if the bad consequences are only foreseen, even if the same action would be morally wrong if they were intended as a means. This is not the only way in which intentions could make a difference to an action’s permissibility, but it is the best-known defense that they do. According to the second view, intentions don’t matter in this way: they do not determine the permissibility of an action. They do matter, but in a different dimension of normative assessment: They determine whether the agent is a good or a bad person; or alternatively: they determine the “moral worth” of an action or its “meaning”, including its praiseworthiness or blameworthiness , or the severity of a wrong-doing. The main thesis is what Thomson called “The Irrelevance-of-Intentions-to-Permissibility Thesis” (for short: IIP) -/- [IIP] “It is irrelevant to the question whether X may do alpha what intention X would do alpha with if he or she did it.” -/- IIP is driven in part by skepticism about DDE: since – according to proponents of IIP - DDE is false, we must explain the relevance of intentions and reasons in a different way. Proponents of IIP tend not to consider the possibility that intentions might matter to permissibility in ways that are different from DDE. In this paper I do not focus on the arguments for or against DDE, but investigate IIP itself more closely, and look at some of the arguments for and against it. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy, 'intentional fallacy (IF)'. The IF is an odd kind of fallacy. Rather than being a fallacy focused on logic and argumentation, it is a fallacy that focuses on art, relating to how we judge art and engage in literary criticism. The IF focuses on the fact that we often think that there is one right interpretation of a work of art. According to David Fenner, the IF “states (...) that we do not need to know, nor can we on most occasions, what was in the mind of the artist in order to interpret the art work”. So, it seems unreasonable to use the artist's intention as the most important way to understand a work of art as the artist's intention is often unavailable. The IF is an error in art interpretation that causes us to realize important things about art. (shrink)

This paper argues that a language can exist and flourish in a community even if none of of the members of the community has any communication intentions; and that reference to the notion of communication intention can therefore be dispensed with in the core account of the nature oflinguistic meaning. Certainly one cannot elucidate the notion of linguistic meaning without reference to psychological notions; the communication-intention theorists are right about this. They are, however, wrong about which psychological (...) notions are needed. It is not possession of the ability to mean something that is crucial—the possession and exercise of communication intentions. What is crucial is rather the possession of certain semantic psychological attitudes. To possess such semantic psychological attitudes is to be disposed to take certain publicly observable phenomena—such as sights and sounds—as meaning something. The paper argues that it is possible to describe circumstances in which one can in so doing be said to understand their meaning. (shrink)

The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices in a (...) society. A consequence of this account is that property law does not solely determine what property looks like in a society. ;The analysis begins with the observation of Enlightenment-era natural rights theorists that property is, first and foremost, a conventional social norm. I then turn to modern developments in game theory and social psychology to propose a novel account of how conventional social norms guide agents. On this account, a norm guides an agent by influencing their practical reasoning in one of two ways: either rationally, by generating a belief that behavior in those circumstances is required by that norm, or sub-rationally, by structuring the agent's practical reasoning, without the agent being aware of it, in such a way that ensures the formation of intentions to act in a manner required by the norm. This second form of norm guidance, which I call 'passive norm guidance', provides grounds for the claim that property norms can exist and function independently of recognition by the law. I go on to show how the independent existence of property norms can support a robust natural law account of property rights according to which property rights exist independent of recognition by the law. The dissertation ends by show how this account, while radical, is also consistent with the dominant Twentieth Century analytic jurisprudence accounts of property. (shrink)

The non‐identity problem is the problem of grounding moral wrongdoing in cases in which an action affects who will exist in the future. Consider a woman who intentionally conceives while on medication that is harmful for a fetus. If the resulting child is disabled as a result of the medication, what makes the woman's action morally wrong? I argue that an explanation in terms of harmful rights violations fails, and I focus on Peter Markie's recent rights‐based defense. Markie's analysis rests (...) on the notion of an indirect harm, and I show that the calculation of an indirect harm relies on an improper baseline for the determination of whether or not an action adversely affects a patient's interests. I also defend an impersonal duty‐based analysis of the wrongdoing in non‐identity cases against an objection by Markie. I close by arguing that the rights‐based analysis is insensitive to context and that context is morally relevant in the determination of the moral valence of actions in cases of non‐identity. This failure provides a pro tanto reason to favor an impersonal duty‐based analysis of the wrongdoing in non‐identity cases. (shrink)

"My argument is as follows. In the first section, I sketch briefly the ways in which intentionalism might provide a solution to the problem of vagueness. The second section describes the different areas in which counterfactuals must be invoked by intentionalism. In the third section I point out that on a classic analysis of counterfactuals - that of David Lewis and Robert Stalnaker - the truth conditions of counterfactuals depend on relations of similarity among possible worlds. Since similarity is vague, (...) so are counterfactuals. Finally, I show that there is no unique solution to the problem of vagueness for the specific types of counterfactuals required by intentionalists - those referring to authors' or legislators' mental states, and those attempting to transport historical authors into the present. Although some counterfactuals are relatively 'insensitive' - in Lewis's sense -- those required in intentionalist interpretation are at least moderately sensitive. This means taht different contexts will resolve the vagueness in different ways. The choice among contexts must be made by the interpreter and is not determined by author's intentions. Hence the vagueness due to counterfactual reasoning about author's intention leads to indeterminacies that cannot be resolved by intentionalism itself. Intentionalism is a solution neither to the problem of vagueness nor to the problem of indeterminacy." Distinguishes between strict intentionalism and moderate intentionalism. Both are often seen as a means for reducing vagueness in legal language. However, counterfactual intentions are needed to resolve certain problems. First, in combining actual intentions, e.g. in a legislature, where different combinations may result in different legislation. Second, it is needed to resolve conflicts between intentions, particularly between different levels of abstraction. Third, reducing vagueness, which will be necessary even with enactment intentions. Fourth, there may be no determinate intention that would even, in principle, resolve a borderline case - e.g. when intentions are conflated. [For discussion of application and enactment intentions, see Goldsworthy, "Originalism in Constitutional Interpretation," Federal Law Review 25: 1.] Lastly, counterfactuals may be necessary to distinguish between application and enactment intentions. Lewis on counterfactuals: "For Lewis and Stalnaker, the key idea in the explication of truth conditions of counterfactuals is that of 'comparative overall similarity' of possible worlds. A counterfactual is true if and only if in the closest, most similar world to the actual in which the antecedent of the conditional is true, the consequent of the conditional is also true." Thus, there may be a determinate relevant world for some cases - i.e. there may be a counterfactual that determines the answer to a counterfactual question. This, however, will not always be the case. For example, counterfactuals concerning Caesar being the leader of N. Korea. Here, for Lewis, where there are ties of closeness of counterfactuals, all tied CFs will be false. When considering counterfactual intentions for the sake of interpretation, some may be determinate or insensitive. Normally, however, this will not be the case. "For intentionalism to resolve the matter of whether the regulation prohibiting vehicles prohibits toy cars as well, one of these counterfactuals must be true and the other false. Imagine a possible world in which the oncsideration of the borderline case is added to the authors' mental states. It is likely that connected belief will be affected as well. For example consideration of the aim of the regulation will occur as a consequence of the consideration of whether the regulation applies to the borderline case: Is ensuring peace and quiet in the park overriding, or are there exceptions to accommodate children's games? When there are changes in a constellation of men tal states, we will have to imagine a situation in whichh the legislators' beleifs are very different from what they in fact were. This creates at least a profound epistemological problem, because, as Dworkin puts it: "[it] has the effect of sharply reducing the amount of historical evidence that is relevant to answering the counterfactual." More important, however, in some worlds in which the legislators consider the case of a child's toy car, they will treat the peace and quiet purpose as overriding, whereas in others they will treat the children's play purpose as overriding. This means that different worlds will resolve the truth-value of the counterfactuals differently." "If I am right that counterfactual reasoning is ubiquitous in intentionalism, intentionalism suffers from an extra dimension of vagueness and is therefore at a disadvantage when measured against theories that do not rely on counterfactuals.". (shrink)

The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology enables (...) access to the human mind for research, treatment and other purposes. This enabling feature is now a growing concern. In the field of human rights, this human-science–technology interface is leading to articulation of new human rights to safeguard against modern threats. The wider usage of expressions like neurolaw and mental autonomy reflects on the emerging field of standards to protect the human mind from interference, manipulation and control. Growing literature on the subject sheds light on the human-rights-based approach to the challenge. (shrink)

This chapter compares a system of human rights guarantees of security with libertarian natural rights. Security rights are a solution to a collective action problem that would arise in a state of nature with libertarian natural rights, the internal security problem. To be endorsed by the main principle, a solution to that problem requires guarantees of procedural rights, which have no analog in natural rights. The chapter discusses various problems that have been thought to be fatal to consequentialism: the problem (...) of intentionally punishing the innocent, and the related problem of inadvertently punishing the innocent, which is a challenging one for nonconsequentialists; strict criminal liability; and organ harvesting. The discussion of inadvertently punishing the innocent leads to a consideration of the doctrine of double effect. The chapter concludes the chapter with a comparison of his account with Judith Thomson’s trade-off idea, illustrated by the trolley cases. (shrink)

This paper discusses the novel versions of the right intention and proportionality conditions in the ius ad bellum proposed in Chapter 3 of Frances Kamm’s Ethics for Enemies. It argues that Kamm is right to weaken the right intention condition to require, not positively intending a war’s just cause, but only having that cause’s presence be a necessary condition for war, but wrong to place no limits on why one makes a just cause necessary. It (...) then argues that the weakening she proposes of Jeff McMahan’s very strict interpretation of proportionality does not go far enough. She argues that “conditional just aims” such as disarming an aggressor and deterring future aggression can count toward a war’s proportionality only if they will follow from harms needed to achieve the war’s initial just cause but not if they require additional harms. The paper argues that such aims can justify additional harms. (shrink)