Robert Nozick has shown in which ways the theory of natural law (in John Locke, for instance) can be invoked to defend a libertarian theory of State. This paper suggests that Nozick does not prove that invoking natural rights may be a proof against the consequentionalist challenge. An overview of no..

In this paper, I explore how to accommodate non-consequentialist constraints with a broadly value-based conception of reasons for action. It turns out that there are two grades of non-consequentialist constraints. The first grade involves attaching ethical importance to such distinctions as the doing/allowing distinction, and the distinction between intended and unintended consequences that is central to the Doctrine of Double Effect. However, at least within the value-based framework, this first grade is insufficient to explain rights, which ground weighty reasons against (...) infringing those rights that need not be outweighed even when infringing those rights is necessary for preventing a larger number of people from having their rights infringed in the same way. Such rights form a second grade of non-consequentialist constraints: within the value-based framework, this second grade is best explained in terms of the intrinsically relational values and disvalues of interpersonal interactions and relationships. (shrink)

If non-consequentialists are to embrace the requirement of universalizability, then they will have to adopt a surprisingly relativistic stance. Not only will they say, in familiar vein, that the premises adduced in moral argument may be only agent-relative in force, that is, may involve the use of an indexical – as in the consideration that this or that option would advance my commitments, discharge my duty, or benefit my children – and may provide reasons only for the indexically relevant agent, (...) in this case me. They will also have to construe the consideration adduced in typical moral conclusions to the effect that this or that option is right or ought to be chosen, or whatever, as itself only agent-relative in force. So at any rate I argue. (shrink)

Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many (...) arguments for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical. (shrink)

Despite the recent backlash against epistemic consequentialism, an explicit systematic alternative has yet to emerge. This paper articulates and defends a novel alternative, Epistemic Kantianism, which rests on a requirement of respect for the truth. §1 tackles some preliminaries concerning the proper formulation of the epistemic consequentialism / non-consequentialism divide, explains where Epistemic Kantianism falls in the dialectical landscape, and shows how it can capture what seems attractive about epistemic consequentialism while yielding predictions that are harder (...) for the latter to secure in a principled way. §2 presents Epistemic Kantianism. §3 argues that it is uniquely poised to satisfy the desiderata set out in §1 on an ideal theory of epistemic justification. §4 gives three further arguments, suggesting that it (i) best explains the objective normative significance of the subject's perspective in epistemology, (ii) follows from the kind of axiology needed to solve the swamping problem together with modest assumptions about the relation between the evaluative and the deontic, and (iii) illuminates certain asymmetries in epistemic value and obligation. §5 takes stock and reassesses the score in the debate. (shrink)

Nous tentons, dans cet article, de déterminer la place des comportements non conséquentialistes, notamment le respect des valeurs et des normes, dans la théorie du choix rationnel. Au départ, il n’y a pas de limites à ce qui peut constituer une préférence ou une valeur d’utilité; tout comportement non conséquentialiste peut être réduit à un comportement conséquentialiste. Un bref examen de certains modèles rationnels des normes sociales nous montre, d’une part, que la réduction conséquentialiste du conformisme laisse inexpliqués certains phénomènes (...) importants, et d’autre part, que l’emploi d’utilités autres qu’instrumentales pose de sérieux problèmes à la théorie. Pour terminer, nous discutons de deux autres approches de la théorie du choix rationnel faisant une large part aux comportements non conséquentialistes. Nous concluons que si, pour une même action, le type de motivation influence en soi les résultats de l’action collective, alors il nous faut dans ce cas sortir du cadre de la rationalité, sans toutefois complètement l’abandonner.In this paper, we attempt to find the place of non-consequentialist behavior, like respect of norms and values, in rational-choice theory. At the onset, there is no limit as to what can constitute a preference or a utility value; any non-consequentialist behavior can be reduced to a consequentialist one. A brief survey of several rational models of social norms shows us, on one hand, that consequentialist reduction of conformity leaves some important phenomena unexplained, and, on the other hand, that recourse to non-instrumental utilities generates serious problems within the theory. We end with a discussion of two alternative approaches to rational-choice theory that leave a large place for non-consequentialist behavior. We conclude by saying that if, for the same action, the type of motivation behind it has by itself an influence on the outcome of collective action, then in such cases we have to step out of rational-choice theory, without however abandoning it. (shrink)

Both consequentialist and non-consequentialist ethical reasoning have difficulties in accounting for the value of consequences. Taken neat, consequentialism is too fierce in its emphasis on success and disregard of luck, while non-consequentialism seemingly over-values inner states and undervalues actual results. In UneasyVirtue Julia Driver proposes a form of objective consequentialism which claims that characters are good if they typically (but not invariably) produce good results. This position addresses the problems moral luck raises for consequentialism, but requires (...) some form of realism about traits of character. However, if our knowledge of mental states is ascriptive, this form of objective consequentialism may make excessive demands. Non-consequentialists may gain in so far as the theories of action to which they are typically committed are less demanding, and are built to take account of the typical or systematic connections between states of character and results of action. (shrink)

As its title indicates, Philip Pettit’s “Three Mistakes about Doing Good (and Bad)” identifies and rejects three common claims restricting what can count as a good (or bad ) effect of action. The key question here is how do we work out how much good you have brought about by your action? The first common claim is that only causal effects or consequences of action can count as goods that are brought about by an action. The second, that we can (...) only count behavioural effects of action. The third, that we can only count consequences of “an all-or-nothing or on-off or discrete kind”. Pettit argues that all three of these claims are mistaken: the first claim is mistaken because our actions can bring about goods that are constitutive consequences of those actions; the second claim is mistaken because the good consequences of an action can depend upon the agent having acted out of certain dispositions; the third claim is mistaken because the good consequences of an action can include the extra effects of pursuing more basic good consequences (such as benefits to others) in a more deliberate or reliable manner. (shrink)

The current UK policy for the distribution of scarce vaccination in an influenza pandemic is ethically dubious. It is based on the planned outcome of the maximum health benefit in terms of the saving of lives and the reduction of illness. To that end, the population is classified in terms of particular priority groups. An alternative policy with a non-consequentialist rationale is proposed in the present work. The state should give the vaccination, in the first instance, to those who are (...) at risk of catching the pandemic flu in the line of their duties of public employment. Thereafter, if there is not sufficient vaccine to give all citizens equally an effective dose, the state should give all citizens an equal chance of receiving an effective dose. This would be the just thing to do because the state has a duty to treat each and all of its citizens impartially and they have a corresponding right to such impartial treatment. Although this article specifically refers to the UK, it is considered that the suggested alternative policy would be applicable generally. The duty to act justly is not merely a local one. (shrink)

The various features of bioethics center around a person’s right to decide what happens to her body and what she may do with it. This is true for patients and medical professionals. Our intuitions concerning rights in bioethics are similar to our intuitions concerning rights in other areas. Consider, for example, rights concerning movement, privacy, religion, sex, speech, and thought. Intuitively, these rights are consistent with one another, trump other moral considerations, and can be lost. If people were to own (...) themselves, this would provide a unified explanation of what justifies other rights, what particular rights people have, why these particular rights are consistent with one another, and why these particular rights have certain features, such as trumping utility. Here I explore whether people own themselves. (shrink)

Interpersonal aggregation involves the combining and weighing of benefits and losses to multiple individuals in the course of determining what ought to be done. Most consequentialists embrace thoroughgoing interpersonal aggregation, the view that any large benefit to each of a few people can be morally outweighed by allocating any smaller benefit to each of many others, so long as this second group is sufficiently large. This would permit letting one person die in order to cure some number of mild headaches (...) instead. Most non-consequentialists reject thoroughgoing interpersonal aggregation despite also believing it is permissible to let one person die in order to prevent many cases of paraplegia instead. Non-consequentialists defend this asymmetry largely on the basis of intuition, and some rely on the notion of relevance to formalize the grounding intuitions. This article seeks to clarify and strengthen the non-consequentialist notion of relevance by engaging with three objections to it. (shrink)

You ought to save a larger group of people rather than a distinct smaller group of people, all else equal. A consequentialist may say that you ought to do so because this produces the most good. If a non-consequentialist rejects this explanation, what alternative can he or she give? This essay defends the following explanation, as a solution to the so-called numbers problem. Its two parts can be roughly summarised as follows. First, you are morally required to want the survival (...) of each stranger for its own sake. Secondly, you are rationally required to achieve as many of these ends as possible, if you have these ends. (shrink)

_Moral Theory_ sets out the basic system used to solve moral problems, the system that consequentialists deride as 'traditional morality'. The central concepts, principles and distinctions of traditional morality are explained and defended: rights; justice; the good; virtue; the intention/foresight distinction; the acts/omissions distinction; and, centrally, the fundamental value of human life.

It is difficult to generalize about ethical values in the Mahāyāna Buddhist tradition, let alone in Buddhist philosophy more generally. One author identifies seventeen distinct ethical approaches in the Mahāyāna scholarly traditions alone (i.e., not including various folk traditions).1 Nonetheless, in comparative studies in the history of ethics, there is increasing recognition that several different Buddhist traditions have stressed a foundational role for universalist altruism that was largely absent from ancient Greek eudaimonism and perhaps even absent-qua foundational-from most other premodern (...) traditions of moral reflection in the West, including much of the Christian tradition.2 In particular, ancient and .. (shrink)

There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good is knowledge, not (...) mere true belief, because the goodness of an epistemic state is connected to that state's ability to give us reasons. If I'm right about the value theory, this has a number of significant implications for the consequentialist project. First, the good-making features that attach to valuable full beliefs are not features of partial belief. The resulting value theory does not give us the values we need to give consequentialist justifications of credal norms. Second, the relevant kind of good does not call for promotion. It is good to know, but the rational standing of a belief is not determined by the belief's location in a ranked set of options. In the paper's final section, I explain why the present view is a kind of teleological non-consequentialism. There is a kind of good that is prior to the right, but as the relevant kind of good does not call for promotion the value theory shows us what is wrong with the consequentialist project. (shrink)

The expiration of intellectual property rights has been seen to amount to a problem for non-consequentialist theories of intellectual property. In this article, I assess whether the difficulty is real. I maintain that, as things are at least, there is no sufficient reason to believe that the termination of intellectual property rights is an insurmountable problem for non-consequentialist theories of intellectual property rights.

One popular criticism of affirmative action is that it discriminates against those who would otherwise have been offered jobs without it. This objection must rely on the non- consequentialist distinction between what we do and what we merely allow to claim that doing nothing merely allows people to be harmed by the discrimination of others, while preferential programs actively harm those left out. It fails since the present effects of past discrimination result from social arrangements which result from actions of (...) ours. We can be responsible for the effects of past discrimination, even without having discriminated, if we are responsible for that discrimination having those effects. (shrink)

It is a curious fact about mainstream discussions of animal rights that they are dominated by consequentialist defenses thereof, when consequentialism in general has been on the wane in other areas of moral philosophy. In this paper, I describe an alternative, non‐consequentialist ethical framework and argue that it grants animals more expansive rights than consequentialist proponents of animal rights typically grant. The cornerstone of this non‐consequentialist framework is the thought that the virtuous agent is s/he who has the stable (...) and dominating disposition to treat all conscious animals, including non‐human conscious animals, as ends and not mere means. (shrink)

Of the many objections moral rationalists have raised against moral sentimentalism, none has been more long-lived and central than the claim that sentimentalism cannot accommodate the non-consequentialist aspects of our moral thinking. John Balguy raised an early version of the non-consequentialist objection just two years after Francis Hutcheson published the first systematic development of moral sentimentalism. As Balguy understood it, Hutcheson's sentimentalism implied that what makes an action virtuous is its effects, such as the advantages or pleasures it produces. According (...) to Balguy, however, what we actually think makes an action virtuous is an intrinsic quality it possesses, which is independent of any .. (shrink)

Applied Ethics focuses the central concepts of traditional morality from the companion book Moral Theory - rights, justice, the good, virtue, and the fundamental value of human life - on a number of pressing contemporary problems, including abortion, euthanasia, animals, capital punishment, and war.

This article aims to develop a ground for freedom of speech that combines two justifications – democratic participation and autonomy. First, it is argued that consequentialist justifications, such as discovery of truth and personal development, are far from providing a strong justification for free speech due to their reliance on uncertain empirical validation. Second, it is claimed that a stronger and better ground for free speech can be constructed by articulating two non-consequentialist justifications for free speech – democratic participation and (...) autonomy. This articulation, which I call the double-grounded non-consequentialist justification for free speech, considers autonomy and democratic participation as complementary principles. In this sense, a double-grounded justification engages justification as autonomy and democratic participation in a dialogue in order to provide remedies for the specific weaknesses of these two positions. (shrink)

In this dissertation, I argue that commonsense morality is best understood as an agent-relative consequentialist theory, that is, as a theory according to which agents ought always to bring about what is, from their own individual perspective, the best available state of affairs. I argue that the agent-relative consequentialist can provide the most plausible explanation for why it is wrong to commit a rights violation even in order to prevent a number of other agents from committing comparable rights violations: agents (...) bear a special responsibility for their own actions and consequently a state of affairs where an agent has herself committed a rights violation is worse, from her perspective, than a state of affairs where a number of other agents have committed comparable rights violations. I also argue that agent-relative consequentialism can accommodate moral options despite being a theory which requires agents always to do the best they can. (shrink)

This book presents and argues for a suitably articulated version of consensualism as a form of Kantian moral theory with an ability to powerfully illuminate the moral intuitions to which Kantian and utilitarian theories have traditionally appealed.

This paper aims to present of the ethics of social consequences (a form of non-utilitarian consequentialism) as a theoretical basis for the examination of teacher ethics and a tool for dealing with practical moral problems of the teaching profession. Teachers’ duty is to help students, teach them to recognize the difference between good and evil, right and wrong, show them that they have moral responsibility for their actions and all this can be very well attained on the basis of (...) the ethics of social consequences. (shrink)

The focus of this chapter is public policy and consequentialism, especially issues that arise in connection with the environment – i.e. the natural world, including non-human animals. We integrate some of the existing literature on environmental economics, welfare economics, and policy with the literature on environmental values and philosophy. The emphasis on environmental policy is motivated by the fact that it is arguably the most philosophically interesting and challenging application of consequentialism to policy, as it includes all the (...) challenges of valuing the distribution of human wealth and power, and has the further challenge of putting these consequences on the same scale as consequences for human health, non-human animals, and nature. We suggest that standard methods of (economic) policy analysis provide a good approximation of correct welfarist analysis, except that they must be supplemented with methods for valuing animal wellbeing and tradeoffs with human wellbeing. We then provide the needed methods. (shrink)

Direct epistemic consequentialism is the idea that X is epistemically permissible iff X maximizes epistemic value. It has received lots of attention in recent years and is widely accepted by philosophers to have counterintuitive implications. There are various reasons one might suspect that the relevant intuitions will not be widely shared among non-philosophers. This paper presents an initial empirical study of ordinary intuitions. The results of two experiments demonstrate that the counterintuitiveness of epistemic consequentialism is more than a (...) philosophers' worry---the folk seem to agree! (shrink)

Consequentialism is seen by Philip Pettit mainly as a theory of the appropriate; in his conception of virtual consequentialism he is much less concerned with the theory of Good. Nevertheless, he pays attention to values such as rights, freedom, loyalty, confidence, dignity and love, although his analyses are isolated, and the connections with other values are not taken into account. He focuses especially on the values of freedom and rights. Contrary to Pettit, Amaryta Sen is much more concerned (...) with the latter, although there is no complex value framework to be find in his evaluator relative theory. He sees these values as the basis of the value system of any morais. (shrink)

Discussions about the merits and shortcomings of non-inferiority trials are becoming increasingly common in the medical community and among regulatory agencies. However, criticisms targeting the ethical standing of non-inferiority trials have often been mistargeted. In this article we review the ethical standing of trials of non-inferiority. In the first part of the article, we outline a consequentialist position according to which clinical trials are best conceived as epistemic tools aimed at fostering the proper ends of medicine. According to this view, (...) clinical trials are means to ends, and thus their moral status depends both on how well they perform as means to reach desired ends and on which ends they are meant to achieve. Building upon this normative framework in the next two sections we analyze the specific ethical issues raised by non-inferiority trials. By making it clear that clinical trials are just epistemic tools – i.e. means to certain ends – it is possible not only to clarify the conceptual debate over a fundamental issue in clinical research, but also to identify which ethically relevant considerations ought to be addressed in setting up a non-inferiority trial. (shrink)

The ethics of social consequences is a means of satisficing non-utilitarian consequentialism that can be used to approach disaster issues. The primary values in the ethics of social consequences are humanity, human dignity and moral rights, and these are developed and realized to achieve positive social consequences. The secondary values found in the ethics of social consequences include justice, responsibility, moral duty and tolerance. Their role and purpose is given by their ability to help achieve and realize moral good. (...) Fair treatment within moral issues stems from applying primary as well as secondary values. The nature of these values cannot be determined exclusively in ordinary circumstances. However, in extraordinary circumstances (disasters), not all the requirements relating to the value structure of the ethics of social consequences need be considered in its entirety. In extraordinary circumstances, values are prioritised and realized. Primary values are realized prior to secondary ones. When prioritizing primary values, the realization of positive social consequences, or at least minimizing the negative social consequences, takes priority over other primary values. In disaster bioethics especially, it is often necessary to find a way to minimize the negative social consequences; thus, actions where positive social consequences are prevalent are preferred. (shrink)

Non Convergent Truth. Response to Arnold Burms, 'Disagreement, Perspectivism and Consequentialism', Ethical Perspectives 16 : 155-163 .Response to Katrien Schaubroeck, 'Non-Convergent Truth', Ethical Perspectives 17 : 652-656.

Prominent critics of consequentialism hold that utilitarianism is not capable of accepting authentic human values, because the consequentialist viewpoint is impersonal. According to it consequentialist rationality has no axiological limits and it can think about doing the unthinkable. The main objective of the paper is to show that human dignity has a significant position in the author’s conception of ethics of social consequences arguing for a particular theory of the value of human dignity. The author argues that the ethics (...) of social consequences is capable of accepting human dignity as well as all authentic human moral values. He believes that ethical theory of social consequences can provide the element missing whose lack was unveiled by the critics of utilitarianism. (shrink)

There are puzzle cases that forfeiture theory has trouble handling, such as the issue of what happens to the rights of two qualitatively identical people who simultaneously launch unprovoked attacks against the other. Each person either has or lacks the right to defend against the other. If one attacker has the right, then the other does not and vice versa. Yet the two are qualitatively identical so it is impossible for one to have the right if the other does not. (...) The Problem of Symmetrical Attackers is a problem for non-consequentialism because the most plausible non-consequentialist theories assume that people have rights and can lose them by forfeiting them or waiving them. This article considers whether consequentialism can get around this problem. (shrink)

Consequentialism, the theory that morality requires us to promote the best overall outcome, is the default alternative in contemporary moral philosophy, and is highly influential in public discourses beyond academic philosophy. Paul Hurley argues that current discussions of the challenge consequentialism tend to overlook a fundamental challenge to consequentialism. The standard consequentialist account of the content of morality, he argues, cannot be reconciled to the authoritativeness of moral standards for rational agents. If rational agents typically have decisive (...) reasons to do what morality requires, then consequentialism cannot be the correct account of moral standards. Hurley builds upon this challenge to argue that the consequentialist case for grounding the impartial evaluation of actions in the impartial evaluation of outcomes is built upon a set of subtle and mutually reinforcing mistakes. Through exposing these mistakes and misappropriations, he undermines consequentialist arguments against alternative approaches that recognize a conception of impartiality appropriate to the evaluation of actions which is distinct from the impartiality appropriate to the evaluation of outcomes. A moral theory that recognizes a fundamental role for such a distinct conception of impartiality can account for the rational authority of moral standards, but does so, Hurley argues, by taking morality beyond consequentialism in both its standard and non-standard forms. (shrink)

It is morally negligent or reckless to believe without sufficient evidence. The foregoing proposition follows from a rule that is a modified expression of W. K. Clifford's ethics of belief. Clifford attempted to prove that it is always wrong to believe without sufficient evidence by advancing a doxastic counterpart to an act utilitarian argument. Contrary to various commentators, his argument is neither purely nor primarily epistemic, he is not a non-consequentialist, and he does not use stoicism to make his case. (...) Clifford's conclusion is a universal generalisation that is in a precarious position because of potential counterexamples. But the counterexamples do not preclude a rule against going beyond the available evidence and it is worthwhile making a moral case for such a rule. (shrink)

Dual-ranking act-consequentialism (DRAC) is a rather peculiar version of act-consequentialism. Unlike more traditional forms of act-consequentialism, DRAC doesn’t take the deontic status of an action to be a function of some evaluative ranking of outcomes. Rather, it takes the deontic status of an action to be a function of some non-evaluative ranking that is in turn a function of two auxiliary rankings that are evaluative. I argue that DRAC is promising in that it can accommodate certain features (...) of commonsense morality that no single-ranking version of act-consequentialism can: supererogation, agent-centered options, and the self-other asymmetry. I also defend DRAC against three objections: (1) that its dual-ranking structure is ad hoc, (2) that it denies (putatively implausibly) that it is always permissible to make self-sacrifices that don’t make things worse for others, and (3) that it violates certain axioms of expected utility theory, viz., transitivity and independence. (shrink)

The article begins with a review of the structural differences between act consequentialist theories and human rights theories, as illustrated by Amartya Sen's paradox of the Paretian liberal and Robert Nozick's utilitarianism of rights. It discusses attempts to resolve those structural differences by moving to a second-order or indirect consequentialism, illustrated by J.S. Mill and Derek Parfit. It presents consequentialist (though not utilitarian) interpretations of the contractualist theories of Jürgen Habermas and the early John Rawls (Theory of Justice) and (...) of the capability theories of Sen and Martha Nussbaum. It also discusses two roles that well-being or a surrogate for well-being typically plays in theories of human rights: (a) well-being plays a role in the justification of at least some exceptions to human rights principles; and (b) some human rights seem to be best understood as rights to some level of well-being or expected well-being (or of a surrogate for one of them). It reviews two consequentialist challenges to the moral adequacy of non-consequentialist accounts of human rights, one based on a duty to relieve suffering and the other generated by Parfit's Non-Identity Problem, and concludes with a contrast between two ways of looking at the history of the development and implementation of human rights conventions and laws. Video abstract (click to view). (shrink)

Recent work on consequentialism has revealed it to be more flexible than previously thought. Consequentialists have shown how their theory can accommodate certain features with which it has long been considered incompatible, such as agent-centered constraints. This flexibility is usually thought to work in consequentialism’s favor. I want to cast doubt on this assumption. I begin by putting forward the strongest statement of consequentialism’s flexibility: the claim that, whatever set of intuitions the best nonconsequentialist theory accommodates, we (...) can construct a consequentialist theory that can do the same while still retaining whatever is compelling about consequentialism. I argue that if this is true then most likely the non-consequentialist theory with which we started will turn out to have that same compelling feature. So while this extreme flexibility, if indeed consequentialism has it (a question I leave to the side), makes consequentialism more appealing, it makes non-consequentialism more appealing too. (shrink)