Gerald Lang

Hate speech involves the vilification of individuals for characteristics such as ethnicity, religion, and sex. The argument for and against the regulation of hate speech is controversial, partly because it remains unclear whether hate speech is encompassed by general arguments for free speech. Some think that the opportunity to engage in hate speech is the price we must pay for living in a democratic society where individuals take responsibility for what they think and can freely contribute to the moral and social environment. Others think that hate speech undermines the dignity or sets back the interests of those who are vilified by it, and thus should be regulated. It is argued here that one way of making progress with these issues to think more carefully about a set of rights which underpin the opportunities we can expect to get in a society that takes free speech seriously: these are rights of association and disassociation. In taking these rights seriously, we can see the outlines of a principled case for regulating hate speech.

Uwe Steinhoff’s The Ethics of War and the Force of Law contains an extended critique of ‘moral fundamentalism’, or the project of uncovering an individualist ‘deep morality’ of war governed by the same moral principles and rules that govern ordinary moral life, as well as a more positive account of war that depicts it as a social practice. Much of Steinhoff’s account is indebted to a series of claims involving the standing to blame, reciprocity, and the necessity and proportionality conditions on self-defence. On all these claims, Steinhoff is open to challenge. First, he is arguably over-dependent on ‘standing to blame’ considerations. Second, his commitment to reciprocity is under-explained. Third, the necessity condition does not clearly explain how conventional elements explain the formation of defensive standards. Fourth, there are problems in explaining how the distinct defensive conventions adopted by distinct communities can actually be made to get on to the same page when these communities go to war with each other.

Ronald Dworkin’s Justice for Hedgehogs renews and amplifies his earlier attacks on metaethics. This article reviews the main lineaments of Dworkin’s anti-metaethical arguments and discusses, in detail, a number of issues which arise from them. First, it is suggested that Dworkin’s ap- praisal of what is doing most of the explanatory work in his account is largely askew. Second, it is claimed that Dworkin’s allegation that expressivism is self-defeating is wide of the mark, but that another charge in the same vicinity might be more effective. Third, it is argued that Dworkin’s incuriosity about moral metaphysics is misplaced. What his ar- guments actually support is an opposition to leaving metaphysical hostages to fortune, rather than an opposition to pursuing greater clarification about moral metaphysics. In this connection, it is tentatively suggested that Dworkin might be tempted by a certain version of naturalism.Resumen:En su trabajo Justice for Hedgehogs, Ronald Dworkin renueva y amplía sus primeras críticas a la metaética. En este artículo se estudian los principales rasgos de los argumentos antimetaéticos que elabora Dworkin, y se analiza con detalle un número de problemas que surgen de esos argumentos. En primer lugar, se sugiere que la apreciación de Dworkin, con respecto a lo que se está haciendo en buena parte de los trabajos de carácter explicativo, está tergiversada. En segundo lugar, se sostiene que la acusación de Dworkin de que el expresivismo es auto-derrotable es inofensiva, aunque otra acusación en las mismas cercanías podría ser más efectiva. En tercer lugar, se afirma que la falta de interés de Dworkin acerca de la metafísica moral está mal orientada. Lo que realmente apoyan sus argumentos es una oposición a dejar los rehenes metafísicos a la fortuna, y no una oposición a perseguir una mayor clarificación de la metafísica moral. En esta conexión se sugiere tentativamente que Dworkin podría ser seducido por una versión particular del naturalismo.

Jonathan Quong argues for the “moral status” account of defensive liability. According to the moral status account, what makes it the case that assailants lack rights against the imposition of defensive violence on them is that they are treating defenders as if those defenders lack rights against the imposition of aggressive violence on them. This “as if” condition can be met in some situations in which one person, A, commands very good but factually inaccurate evidence that another person, B, poses a lethal danger to her. In this “Mistaken Attacker” case, A will be entirely blameless. Nonetheless, A is defensively liable, because A assumes that B is defensively liable despite the fact that B is not defensively liable. In other cases, A may threaten B, who is innocent and hence defensively non-liable, without treating B as if B lacks rights. For example, in the “Conscientious Driver” case, A may have lost control of her car, having taken all due precautions, and be posing a lethal threat to an innocent pedestrian, B, but A is not treating B as if B lacks rights because B’s interests have already been taken fully into account in arriving at the verdict that careful driving is morally permissible. In this paper, I explore and criticize Quong’s account. I argue that the distinctions Quong draws between Conscientious Driver and Mistaken Attacker cannot be sustained in ways that uphold the moral status account, and I suggest that the moral status account’s focus on the “as if” condition is morally undermotivated. The drift of my argument is that we should take much more minimal accounts of defensive liability more seriously than we typically do.

In _War By Agreement_, Yitzhak Benbaji and Daniel Statman argue that the morality of war can be governed by a freely accepted agreement over the principles that apply to it. This war contract supersedes the application of the principles of everyday morality to war, thus defying ‘revisionist’ approaches to war, and it upholds a recognizable version of traditional just war theory. This article argues for three claims. First, the contractarian apparatus Benbaji and Statman deploy is actually inconsistent with the deep reasoning they advance on its behalf, since, unsatisfactorily, the contract is supposed to retain normative force even when it is breached by aggressors. Second, the underlying character of their theory makes it something closer to a consequentialist account. Third, this new understanding of their account renders it less distinct from certain articulations of revisionism than they think.

Defence cases with an escalatory structure, in which the levels of violence between aggressor and defender start out as minor and then become major, even lethal, raise sharp problems for defence theory, and for our understanding of the conditions of defence: proportionality, necessity, and imminence. It is argued here that defenders are not morally required to withdraw from participation in these cases, and that defensive escalations do not offend against any of the conditions of defence, on an adequate understanding of them. No plausible interpretation of proportionality or necessity excludes defensive permissions in escalatory cases. Moreover, the structure of escalatory defensive cases also sheds useful light on permissible responses to conditional deadly threats. This is because we can analyse conditional deadly threats as disguised cases of escalation. Because defensive resistance is permissible in escalatory cases, it is also permissible in cases involving conditional deadly threats.

Strokes of Luck provides a detailed and wide-ranging examination of the role of luck in moral and political philosophy. The first part tackles debates in moral luck, which are concerned with the assignment of blameworthiness to individuals who are separated only by lucky differences. ‘Anti-luckists’ think that an agent who, for example, attempts and succeeds in an assassination and an agent who attempts and fails are equally blameworthy. This book defends an ‘anti-anti-luckist’ argument, according to which the successful assassin is more blameworthy than the unsuccessful one. Moreover, the successful assassin is, all things equal, a worse person than the unsuccessful one. The worldly outcomes of our acts can make an all-important difference, not only to how bad our acts can be deemed, but to how bad we are. The second part enters into debates about distributive justice. It is argued that the attempt to neutralize luck in the distribution of advantages among individuals does not deserve its prominence in political philosophy: the ‘luck egalitarian’ programme is flawed. A better way forward is to re-invest in John Rawls’s ‘justice as fairness, which demonstrates a superior way of taming the bad effects of luck and unchosen disadvantage.

In his Rights Forfeiture and Punishment, Christopher Heath Wellman argues that his preferred ‘strong’ version of rights forfeiture theory makes the moral rights of due process and a fair trial null and void for guilty offenders. They may still possess legal rights to due process, but these are not strong pre-institutional moral rights. I explain here why I disagree with Wellman. I also suggest that he is not entitled, by his own lights, to affirm strong forfeiture theory, at least in our social world.

Williams’s attack on the ‘morality system’ in Ethics and the Limits of Philosophy was preceded by his famous but misunderstood essay ‘Moral Luck’. This essay pursues two principal aims. First and foremost, I take a fresh look at Williams’s argument in ‘Moral Luck’, to assess its defensibility. Second, I investigate how Williams’s treatment of moral luck shapes and informs the wider assault on the ‘morality system’ which reached its fullest expression in the later work. We can learn something about both of Williams’s projects—his defence of moral luck, and his attack on the morality system—by seeing how each of these projects contributes to the other. Drawing on Williams’s discussion of Gauguin’s desertion of his family for a life of artistic endeavour in Tahiti, six interpretations of Williams’s argument are suggested. While some of these are better than others, none is completely satisfying or convincing. It is suggested, in conclusion, that the attack on anti-luckism does not make an indispensable contribution to Williams’s attack on the morality system.

Theories of self-defence tend to invest heavily in ‘liability justifications’: if the Attacker is liable to have defensive violence deployed against him by the Defender, then he will not be wronged by such violence, and selfdefence becomes, as a result, morally unproblematic. This paper contends that liability justifications are overrated. The deeper contribution to an explanation of why defensive permissions exist is made by the Defender’s non-liability. Drawing on both canonical cases of self-defence, featuring Culpable Attackers, and more penumbral cases of self-defence, involving Non-Responsible Threats, a case is assembled for the ‘Non-Liability First Account’ of self-defence.

Tolstoy's The Death of Ivan Ilyich describes how a man's exposure to imminent death allows him to secure redemption from a flawed life. Through close textual attention to Tolstoy's novella and extensive engagement with Frances Kamm's treatment of it, this article quarrels with this of Ivan's case, offering a sourer, more pessimistic view. It is argued that Ivan's reconciliation to death is facilitated by a series of mistakes he makes en route to his dying moments. Two more general lessons are drawn: first, that we are all vulnerable to the mistakes Ivan makes, and second, that reflection on the quality of our lives does not present us with any obvious resources for coming to terms with our own deaths.

Scalar utilitarianism, a form of utilitarianism advocated by Alastair Norcross, retains utilitarianism's evaluative commitments while dispensing with utilitarianism's deontic commitments, or its commitment to the existence or significance of moral duties, obligations and requirements. This article disputes the effectiveness of the arguments that have been used to defend scalar utilitarianism. It is contended that Norcross's central ‘Persuasion Argument’ does not succeed, and it is suggested, more positively, that utilitarians cannot easily distance themselves from deontic assessment, just as long as scalar utilitarians admit – as they should do – that utilitarian evaluation generates normative reasons for action.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Should Utilitarianism Be Scalar?Volume 25, Issue 1GERALD LANG DOI: https://doi.org/10.1017/S0953820812000295Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission.