Many political libertarians argue, or assume, that negative moral duties (duties not to harm others) prevail over positive moral duties (duties to aid others), and that the legal system ought to reflect such pre-eminence. I call into question this strategy for defending a libertarian order. I start by arguing that a successful account of the well-known case of a runaway trolley that is about to kill five innocents unless a passer-by diverts it onto one innocent, killing him, should point to (i) the ex ante advantage to all six of being subject to a policy of redirection of runaway trolleys, and (ii) the causal structure of killing vs. letting-die choices. I then argue that this account of the trolley case entails that legal systems reflecting the relative stringency of negative and positive moral duties should uphold redistributive measures at odds with libertarianism. The assumption that the legal system ought to reflect, through non-causal routes, moral principles and their relative weights leads to either an ideal-theory (in Rawls's sense) assessment of libertarianism or a symbolic account of the relationships between morality and law. Libertarians should undermine this assumption if they hope to offer an all-things-considered case for free markets.

Philosophers have recently argued that we should revise our understanding of character. An individual's behaviour is governed not by a set of ‘global’ traits, each elicited by a certain kind of situational feature, they argue, but by a much larger array of ‘local’ traits, each elicited by a certain combination of situational features. But the data cited by these philosophers support their theory only if we conceive of traits purely in terms of stimulus and response, rather than in the more traditional terms of inner mental items such as inclinations. We should not adopt the former conception, moreover, since doing so would impede pursuit of the ethical aims for which we need a theory of character, whereas retaining the latter conception will facilitate this pursuit. So we should not revise our understanding of character in the way proposed.

This article concerns two themes in Bart Schultz's recent biography of Henry Sidgwick, Henry Sidgwick: Eye of the Universe. The first is the importance of Sidgwick's conflict over his religious beliefs to the development of his thinking in The Methods of Ethics. I suggest that, in addition to the characteristics of Methods that Schulz highlights, the work's epistemology, specifically, Sidgwick's program of presenting ethics as an axiomatic system on the traditional understanding of such systems, is due to the conflict. The second is the relative neglect into which Methods fell in the first part of the twentieth century, neglect Schultz attributes to changes in philosophical fashions and to the undue influence of the Bloomsbury literati on British intellectual culture. I suggest that there is a deeper explanation, which lies in Sidgwick's program of presenting ethics as an axiomatic system on the traditional understanding of such systems. Such programs, I argue, became obsolete in analytic philosophy owing to changes in how axiomatization in mathematics was understood that resulted initially from the rise of non-Euclidean geometries and ultimately from the collapse of Frege's and Russell's logicism.

Are torture and torturers unforgivable? The article examines this question in the light of a Humean account of forgiveness. Initially, the Humean account appears to suggest that torturers are unforgivable. However, in the end, I argue it provides us with good reasons to think that even torturers may be forgiven.

In Uneasy Virtue, Julia Driver advocates a consequentialist account of the virtues. In so far as her view is ‘psychologically minimalist’, Driver's account is superior to the psychologically rich theories of virtue offered by Aristotle, Hume and Kant. However, Driver is also committed to ‘instrumentalism’ about virtue: a trait is a virtue only if it has instrumental value. In contrast, I argue for a ‘disjunctive’ form of minimalism, according to which a character trait counts as a virtue if it has either instrumental or intrinsic value. The common intuitions about virtue that Driver takes to support her ‘instrumental minimalism’ actually fit better with disjunctive minimalism. Admittedly, disjunctive minimalism is a messy account of virtue. However, this messiness would be a problem only if we drew a tight connection between virtue and right action, and we have good independent reasons for thinking there is no such tight link.

In this article, we defend pairwise comparison as a method to resolve conflicting claims from different people that cannot be jointly satisfied because of a scarcity of resources. We consider Michael Otsuka's recent challenge that pairwise comparison leads to intransitive choices for the ‘numbers skeptic’ (someone who believes the numbers should not count in forced choices among lives) and Frances Kamm's responses to Otsuka's challenge. We argue that Kamm's responses do not succeed, but that the threat they are designed to meet is illusory. Once the method of pairwise comparison is understood in a manner consistent with its proposed use, the challenge disappears. In making this argument, we examine questions about the interpretation of pairwise comparison and maintain that it must be understood as a method for ensuring that decisions are justifiable from the perspective of each affected individual.

Some philosophers believe that two objects of value can be ‘roughly equal’, or ‘on a par’, or belong to the same ‘clump’ of value in a sense that is fundamentally different from that in which some objects are ‘better than’, ‘worse than’, or ‘equally as good as’ others. This article shows that if two objects are on a par, or belong to the same clump, then an agent accepting a few plausible premises can be exploited in a money-pump. The central premise of the argument is that value is choice-guiding. If one object is more valuable than another, then it is not permitted to choose the less valuable object; and if two objects are equally valuable it is permitted to choose either of them; and if two objects are on a par or belong to the same clump it is also permitted to choose either of them.

Rule-consequentialism has been accused of either collapsing into act-consequentialism or being internally inconsistent. I have tried to develop a form of rule-consequentialism without these flaws. In this June's issue of Utilitas, Robert Card argued that I have failed. Here I assess his arguments.