This article distinguishes between a telic and a deontic version of Derek Parfit's influential Priority View. Employing the distinction, it shows that the existence of variations in how intrapersonal and interpersonal conflicts should be resolved fails to provide a compelling case in favour of relational egalitarianism and against all pure versions of the Priority View. In addition, the article argues that those variations are better understood as providing counterevidence to certain distribution-sensitive versions of consequentialism.

Act-utilitarianism and other theories in normative ethics confront the implementability problem: normal human agents, with normal human epistemic abilities, lack the information needed to use those theories directly for the selection of actions. Two Level Theories have been offered in reply. The theoretical level component states alleged necessary and sufficient conditions for moral rightness. That component is supposed to be true, but is not intended for practical use. It gives an account of objective obligation. The practical level component is offered as an implementable system for the choice of actions by agents lacking some relevant information. It gives an account of subjective obligation. Several different ways of developing Two Levelism are explained and criticized. Five conditions that must be satisfied if the practical level principle is to be a good match for a given theoretical level principle are stated. A better form of Two Levelism is presented.

Bentham was convinced throughout his adult life that law reform in both theory and practice was his vocation. As a deliberately briefless barrister he set out in the early 1770s to establish jurisprudence on the principle of utility. From the first, however, he was repeatedly diverted from this central task. Confronted by the authority of Blackstone, he wrote, without completing, his Comment on the Commentaries, and turned within that context to the specific theme of his Fragment on Government (1776). In the later 1770s he took up the subject of punishment as his principal theme (dealing with an immediate problem in his 1778 View of the Hard-Labour Bill). His Theory of Punishment was projected as his contribution to the siècle des lumières, in which he would stand beside Hume, Helvétius, Voltaire and d'Alembert. That contribution, however, took yet another form when he decided in 1779 to enter (though he did not in the end carry out his intention) the Berne competition for a penal code. For the next ten years he wrestled with the text and eventual destination of his ‘Code’ – still incomplete when the French Revolution took Bentham's attention elsewhere.

This article argues that James Mill's immersion in Presbyterianism inspired an aversion to hierarchical government and a bias in favour of the Church of Scotland. These views are discernible in Bentham's Church-of-Englandism. Bentham argued for disestablishment on principle but, praising the Scottish Church as a ‘model of perfection’, omitted the Kirk from his church reform manifesto. His position on disestablishment, however, and his endorsement of Presbyterianism were aligned with a voluntaryist strain of Presbyterian ecclesiological theory; Presbyterian dissenters and Benthamite Radicals began to protest against the Kirk's established status. Underpinned significantly by Presbyterian tradition and laced with Benthamic influence, a radical voluntary campaign emerged in Scotland which sought to dismantle the old order and usher in a new era of political democracy and religious voluntaryism. Radicalism in Scotland was not solely characterized by the ‘programmatic atheism’ which J. C. D. Clark believes defined Benthamite ideology; Benthamism, it transpires, was not straightforwardly secularist.

Sufficientarians claim that what matters most is that people have enough. I develop and defend a revised sufficientarian conception of justice. I claim that it furnishes the best specification of a general humanitarian ideal of social justice: our main moral concern should be helping those who are badly off in absolute terms. Rival humanitarian views such as egalitarianism, prioritarianism and the difference principle face serious objections from which sufficientarianism is exempt. Moreover, a revised conception of sufficientarianism can meet the most prominent undefeated challenges to the view. I contend that prevailing versions of sufficientarianism have not satisfactorily defined the sufficiency threshold, and so I offer an original specification of the threshold. I also address perhaps the most common objection to sufficientarianism, namely that sufficientarian regimes will channel all of society's resources towards elevating people to the sufficiency threshold regardless of the gains foregone by those above the threshold.

In a recent paper, Michael Otsuka and Alex Voorhoeve present a novel argument against prioritarianism. The argument takes its starting point from empirical surveys on people's preferences in health care resource allocation problems. In this article, I first question whether the empirical findings support their argument, and then I make some general points about the use of ‘empirical ethics’ in ethical theory.

Some philosophers have claimed that pleasures and pains are characterized by their particular ‘feel’ or ‘hedonic tone’. Most contemporary writers reject this view: they hold that hedonic states have nothing in common except being liked or disliked (alternatively: pursued or avoided) for their own sake. In this article, I argue that the hedonic tone view has been dismissed too quickly: there is no clear introspective or scientific evidence that pleasures do not share a phenomenal quality. I also argue that analysing hedonic states in terms of liking or wanting is implausible. If it is correct that pleasures and pains are not united by any particular hedonic tone, we should instead simply conclude that there are several different hedonic tones. This pluralistic understanding of the hedonic tone view has generally been overlooked in the literature, but appears to be fairly plausible as a philosophical account of pleasure and pain.

This article seeks to defend prioritarianism against a pair of challenges from Michael Otsuka and Alex Voorhoeve. Otsuka and Voorhoeve first argue that prioritarianism makes implausible recommendations in one-person cases under conditions of risk, as it fails to allow that it is reasonable to act to maximize expected utility, rather than expected weighted benefits, in such cases. I show that, in response, prioritarians can either reject Otsuka and Voorhoeve's claim, by means of appealing to a distinction between personal and impersonal value, or alternatively they can harmlessly accommodate it, by means of appealing to the status of prioritarianism as a view about the moral value of outcomes, rather than as an account of all-things-considered reasonable action. Otsuka and Voorhoeve secondly claim that prioritarianism fails to explain a divergence in our considered moral judgement between one-person and many-person cases. I show that the prioritarian has two alternative, and independently plausible, lines of response to this charge, one more concessive and the other more unyielding. Hence, neither of Otsuka and Voorhoeve's challenges need seriously trouble the prioritarian.

I start from three premises, roughly as follows: (1) that if possible world x is better than world y for every individual who exists in either world, then x is better than y; (2) that if x has a higher average utility, a higher total utility, and no more inequality than y, then x is better than y; (3) that better than is transitive. From these premises, it follows that equality lacks intrinsic value, and that benefits given to the worse-off contribute no more to the world's value than equal-sized benefits given to the better-off.

Perhaps the best-known theory of fairness is John Broome's: that fairness is the proportional satisfaction of claims. In this article, I question whether claims are the appropriate focus for a theory of fairness, at least as Broome understands them in his current theory. If fairness is the proportionate satisfaction of claims, I argue, then the following would be true: fairness could not help determine the correct distribution of claims; fairness could not be used to evaluate the distribution of claims; fairness could not guide us in distributing claims (or unowed goods); we could not have a claim to be treated fairly; and we would not be wronged when treated unfairly. These entailments mean that it is questionable that fairness is concerned with claims in the way Broome suggests. At the very least, the relationship between fairness and claims appears to be more complex than the picture painted by Broome.

This article argues that the decision problem in the original position should be characterized as a decision problem under uncertainty even when it is assumed that the denizens of the original position know that they have an equal chance of ending up in any given individual's place. It supports this claim by arguing that (a) the continuity axiom of decision theory does not hold between all of the outcomes the denizens of the original position face and that (b) neither us nor the denizens of the original position can know the exact point at which discontinuity sets in, because the language we employ in comparing different outcomes is ineradicably vague. It is also argued that the account underlying (b) can help proponents of superiority in value theory defend their view against arguments offered by Norcross and Griffin.

In their paper ‘Why It Matters That Some Are Worse Off Than Others: An Argument against the Priority View’, Michael Otsuka and Alex Voorhoeve argue that prioritarianism is mistaken. I argue that their case against prioritarianism has much weaker foundations than it might at first seem. Their key argument is based on the claim that prioritarianism ignores the fact of the ‘separateness of persons’. However, prioritarianism, far from ignoring that fact, is a plausible response to it. It may be that prioritarianism disregards the fact of the ‘unity of the individual’. But even if this is true, that doesn't straightforwardly tell against prioritarianism as a view about distributive justice. In the end, Otsuka and Voorhoeve's argument relies on a non-decisive intuition that they appeal to early in their paper. Their conclusion, as a result, is not compelling.

Many moral philosophers assume that a person is entitled to respect; this suggests that there is a right to respect. I argue, however, that there is no such right. There can be no right to respect because of what respect is, in conjunction with what a right demands and certain limitations of human agency. In this article, I first examine the nature and ontological basis of rights. I next consider the notion of respect in general; I adduce several varieties of respect, then present a primary distinction needed to discern the notion of respect relevant to the putative right. Then I propound the argument that there can be no right to respect and consider some means of challenging its conclusion. In closing, I trace some of the consequences of this argument and suggest how it might motivate a different approach to understanding our most basic obligations to one another.

Philosophers debate over the truth of the Doctrine of Doing and Allowing, the thesis that there is a morally significant difference between doing harm and merely allowing harm to happen. Deontologists tend to accept this doctrine, whereas consequentialists tend to reject it. A robust defence of this doctrine would require a conceptual distinction between doing and allowing that both matches our ordinary use of the concepts in a wide range of cases and enables a justification for the alleged moral difference. In this article, I argue not only that a robust defence of this doctrine is available, but also that it is available within a consequentialist framework.

For a prioritarian by contrast to a utilitarian, whether a certain quantity of utility falls within the boundary of one person's life or another's makes the following moral difference: the worse the life of a person who could receive a given benefit, the stronger moral reason we have to confer this benefit on this person. It would seem, therefore, that prioritarianism succeeds, where utilitarianism fails, to ‘take seriously the distinction between persons’. Yet I show that, contrary to these appearances, prioritarianism fails, in ways strikingly parallel to those in which utilitarianism fails, to take this distinction seriously. In so doing, I draw on and develop an earlier critique of prioritarianism by disentangling and pressing two distinct separateness-of-persons objections offered there. One objection is that prioritarianism is insensitive to ‘prudential justifications’. The other is that it is insensitive to the competing claims of different individuals.

In his recent book Killing in War, McMahan develops a powerful argument for the view that soldiers on opposite sides of a conflict are not morally on a par once the war has started: whether they have the right to kill depends on the justness of their war. In line with just war theory in general, McMahan scrutinizes the ethics of killing the enemy. In this article, I accept McMahan's account, but bring it to bear on the entirely neglected, but nevertheless interesting, issue of what the military call ‘blue-on-blue’ killings or, as I refer to such acts here, internecine war killings. I focus on the case of the soldier who is ordered by his officer, at gunpoint, to go into action or to kill innocent civilians, and who kills his officer in self-defence. I argue that, at the bar of McMahan's account of the right to kill in self-defence, the officer lacks a justification for attacking the soldier as a means of enforcing his order, and the soldier thus sometimes (but not always) has the right to kill his officer should the latter so act.

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation.

The article argues that discrimination is bad as such when and because it undermines equality of opportunity. It shows, first, that other accounts, such as those concerning intent, efficiency, false representation, prejudice, respect and desert cannot account for the badness of discrimination as such. The inequality of opportunity account, in contrast, captures everything that is bad about discrimination. The article then addresses some counter-examples of practices that are discriminatory without arguably entailing inequality of opportunity, where the notable case is that of segregation. It is further demonstrated that the ‘equality of opportunity’ account successfully handles some of the tricky aspects associated with discrimination, such as those concerning the confinement of discrimination to salient groups, ‘buying off’ discriminatees by means of financial compensation, ‘discrimination’ in the selection of life partners, and the duties of employers.

The difference between the unity of the individual and the separateness of persons requires that there be a shift in the moral weight that we accord to changes in utility when we move from making intrapersonal trade-offs to making interpersonal trade-offs. We examine which forms of egalitarianism can, and which cannot, account for this shift. We argue that a form of egalitarianism which is concerned only with the extent of outcome inequality cannot account for this shift. We also argue that a view which is concerned with both outcome inequality and with the unfairness of inequality in individuals’ expected utilities can account for this shift. Finally, we limn an alternative view, on which such inequalities are not intrinsically bad, but nonetheless determine the strength of individuals’ competing claims. We argue that this ‘Competing Claims View’ can also account for the shift.

Recent debates in just war theory have been concerned with the status of combatants during war. Unfortunately, however, the debate has, up to now, focused on self-defensive wars. The present article changes the focus slightly by exploring the status of combatants during military humanitarian intervention (MHI). It begins by arguing that MHI poses a number of challenges to our thinking about the status of combatants. To solve these it draws on Jeff McMahan's theory of combatant liability. On this basis, the article contends that, first, combatants engaged in atrocities lack the same set of rights and liberties held by intervening combatants. Second, and more controversially, drawing on McMahan's theory as well as the notion of complicity, it suggests that the same applies to those combatants who do not perpetrate atrocities but are merely ordered to defend the target state against the intervening state.