Piers Rawling

This paper comprises three sections. First, we offer a traditional defence of deontology, in the manner of, for example, W.D. Ross (1965). The leading idea of such a defence is that the right is independent of the good. Second, we modify the now standard account of the distinction, in terms of the agent-relative/agentneutral divide, between deontology and consequentialism. (This modification is necessary if indirect consequentialism is to count as a form of consequentialism.) Third, we challenge a value-based defence of deontology proposed by Quinn (1993), Kamm (1989, 1992), and Nagel (1995)

There is a substantial literature on the Bayesian approach, and the application of Bayes'' theorem, to legal matters. However, I have found no discussion that explores fully the issue of how a Bayesian juror might be led from an initial "presumption of innocence" to the judgment (required for conviction in criminal cases) that the suspect is "guilty beyond a reasonable doubt". I shall argue here that a Bayesian juror, if she acts in accord with what the law prescribes, will virtually never reach such a judgment. In section I, I discuss Bayesianism, Bayes'' rule and the relation between them. Section II addresses the two legal notions key to my worries about Bayesian jurors: the presumption of innocence and the reasonable doubt criterion. Section III explores what a Bayesian is to make of these notions, and how the legal system requires her to reason in their light. If I am right, there emerges a conflict between current legal prescriptions and the Bayesian approach. Section IV explores the import of this conflict and how it might be resolved.

This article examines the nature of rationality. The domain of rationality is customarily divided into the theoretical and the practical. Whereas theoretical or epistemic rationality is concerned with what it is rational to believe, and sometimes with rational degrees of belief, practical rationality is concerned with what it is rational to do, or intend or desire to do. This article raises some of the main issues relevant to philosophical discussion of the nature of rationality. Discussions of the nature of practical rationality and reason concern norms of choice, and it seems that if such norms are not arbitrary, arguments over what those norms are must ultimately be a theoretical matter. Furthermore, this article explores rationality's role in and relation to other domains of inquiry: psychology, gender, personhood, language, science, economics, law, and evolution.

McNaughton and Rawling present a view on which practical reasons are facts, such as the fact that the rubbish bin is full. This is a non-normative fact, but it is a reason for you to do something, namely take the rubbish out. They see rationality as a matter of consistency. And they see duty as neither purely a matter of rationality nor of practical reason: on the one hand, the rational sociopath is immoral; but, on the other, morality does not require that we always act on the weightiest moral reasons. McNaughton and Rawling criticize various forms of internalism, including Williams’s, and they tentatively propose a view of duty that is neither purely subjective in Prichard’s sense, nor purely objective.

In recent years the distinction between agent-relative and agent-neutral reasons has been taken by many to play a key role in distinguishing deontology from consequentialism. It is central to all universalist consequentialist theories that value is determined impersonally; the real value of any state of affairs does not depend on the point of view of the agent. No reference, therefore, to the agent or to his or her position in the world need enter into a consequentialist understanding of what makes an action right or wrong or morally permissible. Consequentialism thus provides an agent-neutral account of both the right and the good.

Any adequate account of the distinction between consequentialist and deontological moral systems must take account of the central place given to constraints in the latter. Constraints place limits on what each of us may do in the pursuit of any goal, including the maximisation of the good. There is some debate, however, both over how constraints are to be characterised, and over the rationale for their inclusion in a moral system. Some authors view constraints as agent-relative: a constraint supplies an agent with an agent-relative reason to refrain from acting in the prohibited manner. A reason is agent-relative if it contains an ineliminable back-reference to the agent. On this characterisation, it is natural to suppose that constraints arise because of an agent’s concern with her own agency. There is perhaps, however, an alternative to this agent-focussed rationale: constraints, although characterised in terms of agent-relative reasons, might be best explained and defended via considerations of the potential victim of wrongdoing—yielding a victim- or patient-focussed rationale. Or, perhaps, constraints are not only best defended by a victim-focussed rationale; they are also best characterised by reference to the potential victim. In what follows, we advocate an agent-relative characterisation of, and an agent-focussed rationale for, constraints. We begin by developing a rigorous account of agent-focussed agent-relativity, before turning to consider patient-based approaches.

Rationality has long been a central topic in philosophy, crossing standard divisions and categories. It continues to attract much attention in published research and teaching by philosophers as well as scholars in other disciplines, including economics, psychology, and law. The Oxford Handbook of Rationality is an indispensable reference to the current state of play in this vital and interdisciplinary area of study. Twenty-two newly commissioned chapters by a roster of distinguished philosophers provide an overview of the prominent views on rationality, with each author also developing a unique and distinctive argument.

According to Newton, the goals of natural philosophy comprise quantitative generalizations and causal knowledge, the latter being paramount. Quantitative generalizations are sometimes explanatory, in psychology as elsewhere . However, in psychology, they are not explanatory when the human subject is considered qua bearer of psychological states , but only when she is considered qua physical system. In the former case quantitative generalizations are, rather, to be causally explained. In this sense, psychology may be closer to the Newtonian methodological mark than contemporary physics

Scanlon suggests a buck-passing account of goodness. To say that something is good is not to give a reason to, say, favour it; rather it is to say that there are such reasons. When it comes to wrongness, however, Scanlon rejects a buck-passing account: to say that j ing is wrong is, on his view, to give a sufficient moral reason not to j. Philip Stratton-Lake 2003 argues that Scanlon can evade a redundancy objection against his (Scanlon’s) view of wrongness by adopting a buck-passing account of wrongness. We argue that this manoeuvre does not succeed. Scanlon’s notion of wrongness rests on the idea of a reasonably rejectable principle. As Stratton-Lake points out, Scanlon offers two accounts, one in terms of permission, the other in terms of proscription. The permission account is tricky to formulate. Scanlon’s account (quoted in Stratton-Lake 2003: 71) might suggest any of the following four formulations (where the principles in question are principles ‘governing how one may act’ (Scanlon..