Vuko Andrić

This paper argues that objective consequentialism is incompatible with the rationales of ‘ “ought” implies “can” ’ – with the considerations, that is, that explain or justify this principle. Objective consequentialism is the moral doctrine that an act is right if and only if there is no alternative with a better outcome, and wrong otherwise. An act is obligatory if and only if it is wrong not to perform it. According to ‘ “ought” implies “can” ’, a person is morally obligated to φ only if the person can φ. The rationales of ‘ “ought” implies “can” ’ include considerations related to intuitive plausibility, action-guidance, blameworthiness and fairness, and the nature of practical reasons.

Christian List and Philip Pettit argue that some groups qualify as rational agents over and above their members. Examples include churches, commercial corporations, and political parties. According to the theory developed by List and Pettit, these groups qualify as agents because they have beliefs and desires and the capacity to process them and to act on their basis. Moreover, the alleged group agents are said to be rational to a high degree and even to be fit to be held morally responsible. And the group agents under consideration are autonomous, according to the List-Pettit Theory, because their beliefs and desires cannot easily be reduced to the beliefs and desires of the groups’ members. I want to show that we should not accept the List-Pettit Theory, because it implies the absurd claim that instrument-user units, like car-driver units, are rational agents over and above their user-parts, say drivers. The focus of my argument is on whether instrument-user units are autonomous in relation to their user-parts on the List-Pettit Theory.

How can legal norms be morally evaluated? In this paper we discuss and defend consequentialism about legal norms. According to this doctrine, the legitimacy of legal norms depends entirely on the consequences of the norms’ validity. Consequentialism about legal norms shares the advantages of both act- and rule-consequentialism while avoiding the respective disadvantages. In particular, consequentialism about legal norms has prima-facie plausibility like act-consequentialism and for similar reasons: it qualifies as a version of collective act-consequentialism. At the same time, the implications of consequentialism about legal norms cohere with common-sense morality because, like rule-consequentialism, consequentialism about legal norms takes into account the motivational limits of human agents.