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From Morality to the End of Reason: An Essay on Rights, Reasons, and Responsibility PDF

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From Morality to the End of Reason This page intentionally left blank From Morality to the End of Reason An Essay on Rights, Reasons, and Responsibility Ingmar Persson 1 3 Great Clarendon Street, Oxford, ox2 6dp, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Ingmar Persson 2013 The moral rights of the author have been asserted First Edition published in 2013 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2013938047 ISBN 978–0–19–967655–2 Printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. Acknowledgements Without much advance planning, this book gradually grew into its present shape over a period of almost ten years. It grew out of a nucleus of papers critically examining rights, the act-omission doctrine, and the doctrine of the double eff ect. I then added some positive claims about consequentialist morality and responsibility, but in order to avoid incorporating too much of earlier publications, these claims had to be about the form of a moral theory rather than its substance. The book is meant to illustrate a certain method- ology of doing normative ethics rather than to issue in substantive moral conclusions. Even if I had given more substance to the emerging con- sequentialist morality by appropriating conclusions that I have elsewhere reached, it would still have been quite indeterminate. We should not expect that in serious moral matters there is an answer that is defi nitely best, or that there is anything minimally suffi cient for acting rightly. But we can still act more or less well, and we should try to act as well as we can. To this extent, morality parallels the business of fi nding out how to lead your own life. In both cases, sound deliberation requires a sensitivity developed by a never- ending, open-minded refl ection and analysis of relevant facts and responses to them. I hope this book could be of some assistance in such a developmental process, though I am fi nishing it with a sense of defeat. As I am aging, I feel with increasing intensity that Protagoras’ remark about religion, that the obscurity of the topic and the shortness of human life preclude real insight, applies as forcefully to moral philosophy and, indeed, to any area of philosophy. Like life itself, the objective of the philosophical quest both overwhelms you and slips away between your fi ngers. Over the years I have benefi ted greatly from discussions on the topics of this book with, in particular, Roger Crisp, Jeff McMahan, Sven Nyholm, Jonas Olson, Derek Parfi t, Julian Savulescu, Paul Snowdon, Larry Temkin, Suzanne Uniacke, and Michael Zimmerman. The extended time frame of the writing of the book and my inability to keep any decent record of my professional life make it almost inescapable that I have forgotten some who vi acknowledgements off ered valuable suggestions, for which I apologize. Two anonymous read- ers for OUP provided very helpful comments. I am most grateful to Peter Momtchiloff for generous support and friendly advice during the produc- tion process. Although, as already remarked, I have tried to avoid too much overlap with earlier publications, Chapter 3 is based on ‘The Act-Omission Doctrine and Negative Rights’, Journal of Value Inquiry , 41 (2007), 15–29 (©2007 Springer), Chapter 4 on ‘Two Act-Omission Paradoxes’, Proceedings of the Aristotelian Society , 104 (2004), pt 2 (©2004 Blackwell), and Chapter 10 ‘A Consequentialist Distinction between What We Ought to Do and Ought to Try’, Utilitas , 20 (2008), 348–55 (©2008 Cambridge University Press). Ingmar Persson Oxford, November, 2012 Contents Introduction 1 1. The Nature of Rights 17 2. Problems in the Theory of Rights 4 8 3. The Act-Omission Doctrine and Negative Rights 69 4. Two Act-Omission Paradoxes 95 5. The Nature of Mental Explanations 118 6. Double Eff ect Troubles 140 7. Reasons of Benefi cence and Reason-Based Responsibility 160 8. Consequences Involving Other Acts 181 9. The Non-Transitivity of Identity of Supervenient Properties 202 10. Maximizing Value and Acting Responsibly 222 11. The End of Epistemic Reasons 241 12. The End of Practical Reasons 269 Conclusion 3 05 References 315 I ndex 3 23 This page intentionally left blank Introduction According to some moral doctrines, there is an ‘asymmetry’ to the eff ect that, as a rule, we have stronger moral reasons not to perform some actions than we have to perform any actions. Thus, according to what I shall call the doctrine of negative rights , DNR, we have general rights against others that they do not interfere with us and our property, but no general rights that they positively help us to sustain ourselves or our property. Hence, others will be under a duty or obligation—and so will have strong moral reasons— not to interfere with us and our property, but they will be under no duty or obligation positively to help us, and so will have at most weaker reasons to do so. Consequently, DNR exhibits the kind of asymmetry that I have in mind. Another asymmetrical doctrine is the act-omission doctrine , AOD, the doc- trine that, in the case of certain harms, there are stronger moral reasons against causing them than against omitting to prevent them or letting them occur; for instance, there are stronger moral reasons against killing, or caus- ing to die, than against letting die, or be killed. I shall argue in Chapter 3 that AOD involves DNR, that the acts that we have stronger reasons to omit are acts that would violate rights. This might be taken to indicate that the asymmetrical character of AOD derives from DNR, but there is more to be said. I shall contend that, alongside DNR, AOD involves another idea that I am going to call CBR, an acronym for causally-based responsibility . The core of CBR is the idea that responsibility is proportionate to causation: the more of a causal contribution to an event, the greater the responsibility for it, other things being equal. One implication of this idea is, as will appear, that we are more responsible, more praise- or blameworthy, for what we cause than for what we let happen, or let be caused. I believe that it is the inclusion of CBR that explains why AOD implies that we are under no duty to prevent other responsible agents from violating rights to life by kill- ing, while we are under a duty not to kill with our own hands, though the outcome in both cases is a violation of the right to life. A theory of rights

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