According to a widely held view, people's commitments to laws are dependent on the existence in their community of a conventional practice of complying with certain fundamental laws. This conventionalism has significantly hampered our attempts to explain the normative practice of law. Ronald Dworkin has argued against conventionalism by bringing up the phenomenon of persistent fundamental legal controversies, but neither Dworkin nor his legal positivist respondents have correctly understood the real significance of such controversies. This article argues that such controversies pose a deep challenge to any conception of our legal practice as a genuinely normative, rule-mediated, practice. The article also argues that what is needed to deflect this challenge is a new understanding – different from the widely held conventionalist understanding – of how people's commitments to laws are predicated on their fellows’ like commitments.

What is the practical relevance of the Non-Identity Problem (NIP) for our climate change-related duties? Climate change and the NIP are often discussed together, but there is surprisingly little work on the practical relevance of the NIP for the ethics of climate change. The central claim of this article is that the NIP makes a relatively minor difference to our climate change-related duties even if we pursue what has become known as the ‘bite the bullet’ strategy: endorse a person-affecting view threatened by the NIP and not modify it in such a way as to evade the NIP. In particular I will argue that a harm-based view can justify the big-picture call for action emerging from the field of climate ethics. The key to reaching this conclusion is pointing out the consequences of our climate change-related decisions for people whose existence does not depend on these very decisions.

Utilitarianism continues to vex its critics even in the absence of generally respected arguments in its favour. I suggest that utilitarianism survives largely because of its welfarism. This explains why it survives without the backing of respected arguments. It survives without such arguments because justifying the value of welfare requires no such argument.

This article examines Bentham's contribution to anti-colonial thought in the context of the development of the British radical movement that attacked colonialism on the grounds that it advantaged what Bentham called the ‘Few’ at the expense of the ‘Many’. It shows that Bentham was influenced as much by Josiah Tucker and James Anderson as by Adam Smith. Bentham's early economic critique is examined, and the sharp changes in his arguments after 1800 assessed, in the context of the American and French Revolutions and the effects of British industrialization. The article also highlights the importance of Bentham's writings inspired by the Spanish colonial crisis of the early 1820s. They show developments in his economic analysis and include some very acute discussions of the psychological satisfactions that elites could gain from colonialism. The article ends with a brief comparison between Bentham and later radical thinkers to put his ideas in context.

It is well known that John Stuart Mill (JSM) repeatedly acknowledges Harriet Taylor Mill's (HTM) substantial contribution to On Liberty. After her death, however, he decides to publish the book under his name only. Are we justified in continuing this practice, initiated by JSM, of refusing unequivocal co-authorship status to HTM? Drawing on stylometric analyses, we make a preliminary case that JSM did not write On Liberty all by himself and that HTM had a hand in formulating it. Drawing on plausible standards for authorship ascription, we further point out that authorship status requires, in addition to a substantial contribution, the approval by all contributors. We discuss potential reasons to assume that HTM did not approve the published version of On Liberty and would have objected to including her name on the title page.

According to outcome welfarism, roughly, the value of an outcome is fundamentally a matterof the individual welfare it contains. I assess various suggestions as to how to spell out this idea more fully on the basis of some basic intuitions about the content and implications of welfarism. I point out that what are in fact different suggestions are often conflated and argue that none fully captures the basic intuitions. I then suggest that what this means is that different doctrines of welfarism may be appropriate in different contexts and that when deciding on a particular doctrine, we need to consider which intuitions it does (and does not) accommodate. Finally, I consider the issue of just how a benefit must be related to an outcome in order to contribute to its value.

What if human joy (more technically, utility) went on endlessly? Suppose, for example, that each human generation were followed by another, or that the Western religions are right when they teach that each human being lives eternally after death. If any such possibility is true in the actual world, then an agent might sometimes be so situated that more than one course of action would produce an infinite amount of utility (or of disutility, or of both). Deciding whether to have a child born this year rather than next is a situation wherein an agent may face several alternatives whose effects could well ramify endlessly on such suppositions, for the child born this year would be a different person—one who preferred different things, performed different actions, and had different descendants—from a child born next year. It has recently been suggested that traditional utilitarianism stumbles on such cases of infinite utility. Specifically, utilitarianism seems to require, for its application, that all experience of pleasure and pain cease at some time in the future or asymptotically approach zero.2 If neither of these conditions holds, then the utility (and disutility) produced by each of two alternative actions may turn out to be infinite, and utilitarianism thus loses its ability to discriminate morally between them.

Alfred Marshall's ethics, critically examined by Parsons in the 1930s and often the target of unfair remarks in the past, has become the object of more sympathetic and detailed studies in recent years. These studies have tried to redress the balance that had been upset by routine criticisms, and to prove that Marshall's interest in ethics was neither lip-service to conventional morality nor uncritical acceptance thereof. Moreover, they have vindicated Marshall's claim that his economics, though unconnected to any ethical philosophy, was still one of the moral sciences, inseparable from ethical considerations.

The moral psychologist Joshua Greene has proposed a number of arguments for the normative significance of empirical research and for the unreliability of deontological intuitions. For these arguments, much hinges on the combination of various components of Greene's research – namely the dual-process theory of moral judgement, ‘personalness’ as a factor in moral decision-making, and his functional understanding of deontology and consequentialism. Incorporating these components, I reconstruct three distinct arguments and show that the Personalness Argument for the claim that empirical research can advance normative ethics and the Combined Argument against deontology are both sound and interesting in themselves. They do not, however, cast doubt on traditional deontology or reserve a specific role for neuroscience. The Indirect Route argument overcomes some of the other arguments’ limitations. It is, however, invalid. I conclude by pointing out the broader philosophical relevance of Greene's arguments as shedding light on second-order morality.

The so-called Wrong Kind of Reason (WKR) problem for Scanlon's ‘buck-passing’ account of value has been much discussed recently. In a recent issue of Utilitas Gerald Lang provides a highly useful critique of extant proposed solutions to the WKR problem and suggests a novel solution of his own. In this note I offer a critique of Lang's solution and respond to some criticisms Lang directs at a Brentano-style approach suggested by Sven Danielsson and me.

Aristotle's ethical theory is often seen as instructing agents in the prudent pursuit of their own well-being, and therefore labeled egoistic. Yet it is also subject to the opposing charge of failing to direct agents to their well-being, directing them instead to perfection. I am here concerned chiefly with the second criticism, and proceed as follows: I first articulate Sumner's version of the criticism, and second assess his argument for his own (subjective) account of well-being. Third, I present reasons motivating a more objective account of well-being, reasons for taking another look at Aristotle. Finally, granting that Aristotle does indeed direct agents to pursue their perfection, I argue that perfection includes well-being within it. This shows how Aristotle escapes the second criticism, while at the same time pointing the way toward a defense against the first.

This article argues that, contrary to the received view, prioritarianism and egalitarianism are not jointly incompatible theories in normative ethics. By introducing a distinction between weighing and aggregating, the authors show that the seemingly conflicting intuitions underlying prioritarianism and egalitarianism are consistent. The upshot is a combined position, equality-prioritarianism, which takes both prioritarian and egalitarian considerations into account in a technically precise manner. On this view, the moral value of a distribution of well-being is a product of two factors: the sum of all individuals' priority-adjusted well-being, and a measure of the equality of the distribution in question. Some implications of equality-prioritarianism are considered.

J. S. Mill's role as a transitional figure between classical and egalitarian liberalism can be partly explained by developments in his often unappreciated economic views. Specifically, I argue that Mill's separation of economic production and distribution had an important effect on his political theory. Mill made two distinctions between economic production and the distribution of wealth. I argue that these separations helped lead Mill to abandon the wages-fund doctrine and adopt a more favorable view of organized labor. I also show how Mill's developments impacted later philosophers, economists, and historians. Understanding the relationship between Mill's political theory and economic theory does not only matter for Mill scholarship, however. Contemporary philosophers often ignore the economic views of their predecessors. I argue that paying insufficient attention to historical political philosophers' economic ideas obscures significant motivations for their political views.

In his landmark paper, ‘The Schizophrenia of Modern Ethical Theories’, Michael Stocker introduces an affliction that is, according to his diagnosis, endemic to all modern ethical theories. Stocker's paper is well known and often cited, yet moral schizophrenia remains a surprisingly obscure diagnosis. I argue that moral schizophrenia, properly understood, is not necessarily as disruptive as its name suggests. However, I also argue that Stocker's inability to demonstrate that moral schizophrenia constitutes a reductio of modern ethical theories does not rule out the possibility that he has identified a noteworthy psychological phenomenon. Stocker is, in my opinion, correct to note that balancing our broad ethical obligations with authentic personal motives is a non-trivial psychological challenge, even if this challenge is not equivalent to a mental disorder. Hence, I conclude that proponents of modern ethical theorists should not be complacent about the burdens associated with implementing a ‘schizophrenic’ moral psychology.

This article considers two different ways of formulating a desire-satisfaction theory of prudential value. The first version of the theory (the object view) assigns basic prudential value to the state of affairs that is the object of a person's desire. The second version (the combo view) assigns basic prudential value to the compound state of affairs in which (a) a person desires some state of affairs and (b) this state of affairs obtains. My aims in this article are twofold. First, I aim to highlight that these are not mere notational variants, but in fact have quite different implications, so that this distinction is not one that the theorist of prudential value should ignore. More positively, I argue that the object view is better able to capture what is distinctive and appealing about subjective theories of prudential value, on any plausible account of what the central subjectivist insight is.

In a recent article,1 Amartya Sen writes that one important influence on his theory of adaptive preferences is Wollstonecraft's account of how some women, though clearly oppressed, are apparently satisfied with their lot. Wollstonecraft's arguments have received little attention so far from contemporary political philosophers, and one might be tempted to dismiss Sen's acknowledgment as a form of gallantry.2 That would be wrong. Wollstonecraft does have a lot of interest to say on the topic of why her contemporaries appeared to choose what struck her as oppression, and her views can still help us reflect on contemporary problems such as the ones identified and discussed by Amartya Sen. In this article I will argue that a close look at Wollstonecraft's arguments may lead us to rethink some aspects of Sen's discussion of the phenomenon of adaptive preferences.

A significant feature of John Stuart Mill's moral theory is the introduction of qualitative differences as relevant to the comparative value of pleasures. Despite its significance, Mill presents his doctrine of qualities of pleasures in only a few paragraphs in the second chapter of Utilitarianism, where he begins the brief discussion by saying:

utilitarian writers in general have placed the superiority of mental over bodily pleasures chiefly … in their circumstantial advantages rather than in their intrinsic nature.… [B]ut they might have taken the … higher ground with entire consistency. It is quite compatible with the principle of utility to recognize the fact, that some kinds of pleasure are more desirable and more valuable than others. It would be absurd that while, in estimating all other things, quality is considered as well as quantity, the estimation of pleasures should be supposed to depend on quantity alone (U, II, 4).

Most contemporary political philosophers deny that justice requires giving people what they deserve. According to a familiar anti-desert argument, the influence of genes and environment on people's actions and traits undermines all desert-claims. According to a less familiar – but more plausible – argument, the influence of genes and environment on people's actions and traits undermines some desert-claims (or all desert-claims to an extent). But, it says, we do not know which ones (or to what extent). This article examines this ‘epistemological’ argument against desert. It gives reason to believe that it fails, emphasizing the importance of justice relative to efficiency and attempting to construct a practical way of measuring desert.

My theory of biocentric consequentialism is first shown not to be significantly inegalitarian, despite not advocating treating all creatures equally. I then respond to Carter's objections concerning population, species extinctions, the supposed minimax implication, endangered interests, autonomy and thought-experiments. Biocentric consequentialism is capable of supporting a sustainable human population at a level compatible with preserving most non-human species, as opposed to catastrophic population increases or catastrophic decimation. Nor is it undermined by the mere conceivable possibility of counter-intuitive implications. While Carter shows that value-pluralism need not be riddled with contradictions, his version still introduces some, and faces further problems. Thus consequentialist theories may be needed to sift our values, at least if our values are commensurable. Carter's apparent suggestion that monistic theories such as biocentric consequentialism can never be harnessed to rich theories of value and must each myopically give undue prominence to a single value is questioned.