Ordinary thinking about morality and rationality is inconsistent. To arrive at a view of morality that is as faithful to common thought as consistency will allow we must admit that it is not always irrational to knowingly act against the weight of reasons.

It is with sadness that we note the passing of Brian Barry the philosopher and political scientist. Brian was the author of seven books including Political Argument (1965), Sociologists, Economists and Democracy (1970), Democracy, Power and Justice (1989), Justice as Impartiality (1995) and Culture and Equality (2000), as well as numerous articles. A former student of H. L. A. Hart, Brian inherited a sympathy for the radical egalitarianism of Bentham and Mill although he remained a forthright critic of utilitarianism in moral and political philosophy. Although Brian suffered ill-health towards the end of his life, he remained intellectually active and his last work, an essay on David Hume as a Hobbesian, will be published in a later issue of Utilitas. For Brian, utilitarianism was only one facet of a broader British strand of political philosophy and political science which had its roots in the ideas of Hobbes and Hume, and which included the work of recent philosophers such as H. L. A. Hart as well as his own work.

In contrast to the vast literature on retributive theories of punishment, discussions of private revenge are rare in moral philosophy. This article reviews some examples, from both classical and recent writers, finding uncertainty and equivocation over the ethical significance of acts of revenge, and in particular over their possible resemblances, in motive, purpose or justification, to acts of lawful punishment. A key problem for the coherence of our ethical conception of revenge is the consideration that certain acts of revenge may be just (at least in the minimal sense that the victim of revenge has no grounds for complaint against the revenger) and yet be generally agreed to be morally wrong. The challenge of explaining adequately why private revenge is morally wrong poses particular difficulty for purely retributive theories of punishment, since without invoking consequentialist reasons it does not seem possible adequately to motivate an objection to just and proportionate acts of revenge.

I continue my argument that Millian qualitative superiorities are infinite superiorities: one pleasant feeling, or type of pleasant feeling, is qualitatively superior to another in Mill's sense if and only if even a bit of the superior is more pleasant (and thus more valuable) than any finite quantity of the inferior, however large. This gives rise to a hierarchy of higher and lower pleasures such that a reasonable hedonist always refuses to sacrifice a higher for a lower irrespective of the finite amounts of each. Some indication of why this absolute refusal may be reasonable is provided in the course of outlining the content of the Millian hierarchy. It emerges that Mill's hedonistic utilitarianism has an extraordinary structure because it gives absolute priority over competing considerations to a code of justice that distributes equal rights and correlative duties for all. His utilitarianism also recognizes that certain aesthetic and spiritual pleasures may be qualitatively superior even to the pleasant feeling of security associated with the moral sentiment of justice. Thus, for instance, a noble individual may reasonably choose to waive his own rights so as to perform beautiful supererogatory actions that provide great benefits for others at the sacrifice of the right-holder's own vital interests.

It seems we have some obligation to aid some others, but it's unclear why, to whom, and to what extent. Many consequentialists claim that we are obligated to help everyone to the marginal utility point but they do so without examining why we are obligated to aid others at all. I argue that we must investigate the basis of our duty to aid others in order to determine the nature and extent of our obligation. Although some consequentialists, notably, Kagan, Singer and Unger, present arguments intended to justify some of consequentialism's most counter-intuitive demands, they take the less counter-intuitive demands for granted and justify the steeper demands on the basis of their relevant similarity to the more palatable ones. The result of this strategy is that many of consequentialism's steeper demands free-ride on a superficial similarity with less taxing demands. This allows consequentialism to broaden our obligations beyond the reach of justification. I examine three possible explanations of our duty to aid others, namely, intuition, fairness and self-interest, and argue that none of them justify consequentialism's runaway demands.

Mill's aim in chapter 3 of Utilitarianism is to show that his revisionary moral theory can preserve the kind of authority typically and traditionally associated with moral demands. One of his main targets is the idea that if people come to believe that morality is rooted in human sentiment then they will feel less bound by moral obligation. Chapter 3 emphasizes two claims: (1) The main motivation to ethical action comes from feelings and not from beliefs and (2) Ethical feelings are highly malleable. I provide a critical examination of Mill's use of these claims to support his argument that Utilitarianism can preserve morality's authority. I show how the two claims, intended to form a significant rebuttal to the worry about Utilitarianism, can in fact be combined to raise powerful skeptical concerns. I explain how Mill evades the skepticism, and why contemporary philosophers who lack Millian optimism about human nature find it harder to avoid the skeptical outcome.

This article considers the question ‘How should institutions enable people to meet their needs in situations where there is no guarantee that all needs can be met?’ After considering and rejecting several simple principles for meeting needs, it suggests a new effectiveness principle that (1) gives greater weight to the needs of the less well off and (2) gives weight to enabling a greater number of people to meet their needs. The effectiveness principle has some advantage over the main competitors including a principle suggested by David Miller in Principles of Social Justice. Miller argues that his principle accounts for the existing data on individuals' intuitions about meeting needs. The effectiveness principle better accounts for this data. Furthermore, this article presents a new experiment on intuitions about meeting need that is consistent with the effectiveness principle but not Miller's principle.

This article argues that it is not necessary to abolish all incidents of animal ownership in order to achieve justice for them. It claims that ownership does not grant owners a right to absolute control of their property. Rather, it argues that ownership is a much more qualified concept, conveying different rights in different contexts. With this understanding of ownership in mind, the article argues that it is possible for humans to own animals and at the same time to treat them justly: to recognize that they possess moral status; to assign them meaningful rights; and to consider their interests equally.

Situationist experiments such as the Milgram experiment and the Princeton Seminary experiment have prompted philosophers to warn us against succumbing to fear of embarrassment and sliding down slippery slopes. Yet it would be a mistake to conclude that situationism is all bad news for moral agents. Fear of embarrassment can often motivate right actions, and slippery slopes can slide us away from wrongdoing. The reason that philosophers have seen situationism as bringing all bad news is that they have focused on the very demanding moral goals of virtuous and autonomous action, while ignoring important moral goals that are less demanding. Fear of embarrassment does undermine virtuous and autonomous action, but that very same fear can help us to act resolutely and rightly, and allows us to manipulate would-be wrongdoers into doing the right thing. This is good news.

One of the most potent motivations for retributivist approaches to punishment has been their apparent connection to an ethical background shaped by the Kantian notion of morally autonomous and rational human agency. The present article challenges the plausibility of this connection. I argue that retributivism subverts, rather than embodies, the normative consequences of moral autonomy, justifying a social practice that conflicts with the considered judgments that the proper recognition of moral autonomy would authorize. The core of my case is the analysis of whether a punishment should be understood as a restriction of a criminal's freedom properly understood. I argue that the affirmative view faces serious difficulties that have not been, and are not likely to be, resolved by retributivist justifications that draw their support from Kantian moral theory.

In the Formula of Humanity, Kant embraces the principle that it is wrong for us to treat others merely as means. For contemporary Kantian ethicists, this Mere Means Principle plays the role of a moral constraint: it limits what we may do, even in the service of promoting the overall good. But substantive interpretations of the principle generate implausible results in relatively ordinary cases. On one interpretation, for example, you treat your opponent in a tennis tournament merely as a means and thus wrongly when you try, through defeating him, to win first place. The article aims to develop a reconstruction of the Mere Means Principle that has more plausible implications than do rival reconstructions. It sets out a sufficient condition for an agent's treating another merely as a means. This condition is intended to be Kantian, but not necessarily one that Kant endorses.

Consider Lives for Headaches: there is some number of headaches such that the relief of those headaches is sufficient to outweigh the good life of an innocent person. Lives for Headaches is unintuitive, but difficult to deny. The argument leading to Lives for Headaches is valid, and appears to be constructed out of firmly entrenched premises. In this article, I advocate one way to reject Lives for Headaches; I defend a form of lexical superiority between values. Based on an inquiry into the notion of human well-being, I argue that no amount of headaches is sufficient to outweigh the disvalue of the loss of a good life. Though this view has been thought subject to devastating objections, these objections are not dispositive against the form of value superiority I advance here.

This article argues for a certain picture of the rational formation of conditional intentions, in particular deterrent intentions, that stands in sharp contrast to accounts on which rational agents are often not able to form such intentions because of what these enjoin should their conditions be realized. By considering the case of worthwhile but hard-to-form ‘non-apocalyptic’ deterrent intentions (the threat to leave a cheating partner, say), the article argues that rational agents may be able to form such intentions by first simulating psychological states in which they have successfully formed them and then bootstrapping themselves into actually forming them. The article also discusses certain limits imposed by this model. In particular, given the special nature of ‘apocalyptic’ deterrent intentions (e.g. the ones supposedly involved in nuclear deterrence), there is good reason to think that these must remain inaccessible to fully rational and moral agents.

In ‘Is Virtue Its Own Reward?’ Wayne Sumner argues that (1) as a matter of necessity, virtue is intrinsically prudentially rewarding, and (2) if all else is equal, the virtuous will fare better than the non-virtuous. In this article, I reproduce and criticize those arguments. I offer several objections to the argument for the first thesis; each objection makes the same basic point: contrary to what Sumner assumes, certain contingent facts over and above a person's being virtuous have to obtain if virtue is to issue in any prudential reward. I object to Sumner's second thesis by arguing that moral neutrality can be at least as welfare-enhancing as moral virtuosity. Finally, I argue that even if virtue were intrinsically rewarding in the way Sumner envisions, it would still be impossible to determine a priori whether adopting a virtuous lifestyle would be prudentially rational.

In this article, I argue that if one closely follows Hobbes' line of reasoning in Leviathan, in particular his distinction between the second and the third law of nature, and the logic of his contractarian theory, then Hobbes' state of nature is best translated into the language of game theory by an assurance game, and not by a one-shot or iterated prisoner's dilemma game, nor by an assurance dilemma game. Further, I support Hobbes' conclusion that the sovereign must always punish the Foole, and even exclude her from the cooperative framework or take her life, if she defects once society is established, which is best expressed in the language of game theory by a grim strategy. That is, compared to existing game-theoretic interpretations of Hobbes, I argue that the sovereign plays a grim strategy with the citizens once society is established, and not the individuals with one another in the state of nature.

Deontological ethicists generally agree that there is a way of harming others such that it is wrong to harm others in that way for the sake of producing a comparable but greater benefit for others. Given plausible assumptions, this principle leads to the possibility of paradoxical cases in which each of two actions is wrong, yet the combination of both actions is permissible. Consequentialism provides the most natural solution of the puzzle.

The Principle of Universality asserts that a part retains its intrinsic value regardless of the whole in which it is a part or even whether it is part of a whole. The idea underlying this principle is that the intrinsic value of a thing supervenes on its intrinsic properties. Since the intrinsic properties remain unchanged so does the thing's intrinsic value. In this article, I argue that, properly understood, the Principle of Universality can handle seemingly troublesome intuitions about the relative intrinsic value of a vicious person having pain and his having pleasure. I specifically argue that the intuition that the former state is better is explained by the nature of the basic intrinsic-value states, which involve a person having a level of well-being and desert at a time. One implication of this is that given the nature of such basic intrinsic-value states, pleasure and pain are not value-bearing parts of virtuous and vicious attitudes.

The traditional accounts of pain's intrinsic badness assume a false view of what pains are. Insofar as they are normatively significant, pains are not just painful sensations. A pain is a composite of a painful sensation and a set of beliefs, desires, emotions and other mental states. A pain's intrinsic properties can include inter alia depression, anxiety, fear, desires, feelings of helplessness and the pain's meaning. This undermines the traditional accounts of pain's intrinsic badness. Pain is intrinsically bad in two distinct and historically unnoticed ways. First, most writers hold that pain's intrinsic badness lies either in its unpleasantness or in its being disliked. Given my wider conception of pain, I believe it is both. Pain's first intrinsic evil lies in a conjunction of all the traditional candidates for its source. Pain's second intrinsic evil lies in the way it necessarily undermines the self-control necessary for intrinsic goods like autonomy.

A recurring objection confronting utilitarianism is that its dictates require information that lies beyond the bounds of human epistemic wherewithal. Utilitarians require reliable knowledge of the social consequences of various policies, and of people's preferences and utilities. Agreeing partly with the sceptics, I concur that the general rules of thumb offered by social science do not provide sufficient justification for the utilitarian legislator to rationally recommend a particular political regime, such as liberalism. Actual data about human preference-structures and utilities is required to bridge this evidentiary gap. I offer two arguments to support the availability of such information. First, I contend that ordinary human beings have a clear method of epistemic access to reliable information about commensurable preference-structures. Second, in an attempt to shift the onus of philosophic argument, I show that the utilitarian legislator's requirements do not differ in kind from those implicitly called upon by the sceptical deontic liberal.

It is widely held that it is only contingent that the sensation of pain is disliked, and that when pain is not disliked, it is not intrinsically bad. This conjunction of claims has often been taken to support a subjectivist view of pain's badness on which pain is bad simply because it is the object of a negative attitude and not because of what it feels like. In this article, I argue that accepting this conjunction of claims does not commit us to this subjectivist view. They are compatible with an objectivist view of pain's badness, and with thinking that this badness is due to its phenomenal quality. Indeed, I argue that once the full range of options is in view, the most plausible account of pain is incompatible with subjectivism about value.