According to Wollstonecraft ‘every being may become virtuous by the exercise of its own reason’. This suggests that for her ethical judgement is based on reason, and so she is an ethical cognitivist. This impression is upheld by the fact that she clearly believes in the existence of ethical truth and has little sympathy with subjectivism. At the same time, she places a great deal of importance on the role of the emotions in ethical judgement. This raises the question how the emotions can be relevant if ethics consists in a realm of truths, discoverable by reason. The paper answers this question and clarifies Wollstonecraft's model of the interaction of emotion and reason by comparing it with those of Rousseau, Godwin, Price and Adam Smith. It argues that the originality of Wollstonecraft's position resides in the way she understands the role of the imagination in ethical reasoning.

A common objection to consequentialism is that it makes unreasonable demands upon moral agents, by failing to allow agents to give special weight to their own personal projects and interests. A prominent recent response to this objection is that of Samuel Scheffler, who seeks to make room for moral agents by building agent-centred prerogatives into a consequentialist moral theory. In this paper, I present a new objection to Scheffler's account. I then sketch an improved prerogative, which avoids this objection by incorporating a non-proportional account of the relationship between values, costs and reasons.

Many forms of virtue ethics, like certain forms of utilitarianism, suffer from the problem of indirection. In those forms, the criterion for status of a trait as a virtue is not the same as the criterion for the status of an act as right. Furthermore, if the virtues for example are meant to promote the nourishing of the agent, the virtuous agent is not standardly supposed to be motivated by concern for her own flourishing in her activity. In this paper, I propose a virtue ethics which does not suffer from the problem. Traits are not virtues because their cultivation and manifestation promote a value such as agent flourishing. They are virtues in so far as they are habits of appropriate response (which may be of various types) to various relevant values (valuable things, etc.). This means that there is a direct connection between the rationale of a virtue and what makes an action virtuous or right.

This paper criticizes the ‘justice-adjusted’ consequentialist theory recently put forward by Fred Feldman. I argue that this theory violates two crucial requirements. Another theory, proposed by Peter Vallentyne, is similarly flawed. Feldman's basic ideas could, however, be developed into a more plausible theory. I suggest one possible way of doing this.

This paper shows that the perceived difference between utilitarianism and natural rights theories in the eighteenth century was much less sharp than that in the twentieth century. This is demonstrated by exploring Josiah Tucker's critique of Locke and his disciples and the way in which the latter responded to it. Tucker's critique of Locke was based on a sharp distinction between a conception of natural rights as individual entitlements and the conception of the public good. The disciples of Locke did not share Tucker's views and his interpretation of Locke. In defending natural rights they appealed less to the notion of moral agency and more to utilitarian ideas. The extent to which the advocates of the rights of man employed utilitarian ideas is obscured by the fact that they never divested themselves of the political advantage of using the words ‘natural rights’ even when their arguments were closer to the principle of utility.

Here I set the stage for developing a Kantian account of punishment attuned to social and economic injustice and to the need for prison reform. I argue that we cannot appreciate Kant's own discussion of punishment unless we read it in light of the theory of justice of which it is a part and the fundamental commitments of that theory to freedom, autonomy and equality. As important, we cannot properly evaluate Kant's advocacy of the law of retribution unless we recognize his theory of justice as an ideal theory. Once we understand both Kant's larger account of justice and its relationship to his less basic commitments, we discover grounds to accept that larger theory, but reject components like the law of retribution with their basis in empirical conclusions we may not share with Kant. We also open the way to develop an account of punishment responsive to social circumstances.

This paper examines the commonplace assertion that utilitarianism allows for and even, at times, requires the punishment of the innocent. It traces the origins of this doctrine to the writings of the British Idealists and the subsequent development of what is called the post-utilitarian paradigm which posits various justifications for punishment such as retribution, deterrence and reform, finds all of them inadequate, and then, with the addition of other ideas, reconciles them. The idea of deterrence is falsely depicted as the utilitarian contribution to the theory of punishment, while deterrence in fact is one of several elements in the utilitarian theory. The mistake comes from ignoring the pain-pleasure dimension of Benthamite utilitarianism and from regarding the principle of utility itself as the sole criterion of action in a ‘top-down’ fashion.

Fred Feldman has argued that consequentialists can answer the well-known ‘objection from justice’ by replacing the utilitarian axiology with one that makes the value of receiving pleasures and pains depend on how deserved it is. It is shown that this proposal is open to three interpretations: (1) the Fit-idea, which operates with the degree of fit between what recipients get and what they deserve; (2) the Merit-idea, which operates with the magnitude of the recipients' desert or merit; and (3) the Fit-Merit idea which is a combination of (1) and (2). It is argued that none of these ideas will do, among other things because they fail to take into account the fact that justice involves inter-personal comparisons.

The lifetime equality view (the view that it is good if people's lives on the whole are equally worth living) has recently been met with the objection that it does not rule out simultaneous inequality: two persons may lead equally good lives on the whole and yet there may at any time be great differences in their level of well-being. And simultaneous inequality, it is held, ought to be a concern of egalitarians. The paper discusses this and related objections to the lifetime equality view. It is argued that rather than leading to a revision of the lifetime equality view, these objections, if taken seriously, should make us account for our egalitarian concerns in terms of the priority view rather than the equality view. The priority view claims that there is a greater moral value to benefiting the worse off. Several versions of the priority view are also distinguished.

Moral theorists and game theorists are both interested in situations where rational agents are ‘called upon’ to constrain their future actions and co-operate with others instead of being free riders. These theorists have constructed a variety of hypothetical games which illuminate this problem of constraint. In this paper, I draw a distinction between ‘behaviour games’ like the Newcomb paradox and ‘disposition games’ like Kavka's toxin puzzle, a prisoner's dilemma and Parfit's hitchhiker example. I then employ this distinction to argue that agents who subscribe to the orthodox theory of rationality do significantly better in disposition games than those who subscribe to revisionist theories like David Gauthier's, while revisionist agents do marginally better in behaviour games. I argue that because of agents' ability to manipulate their own weakness of will, orthodox agents do better at all of these games than has previously been thought. And, by elucidating the distinction between behaviour games and disposition games, I uncover the virtues that underlie the success of each theory of rationality.

Nietzsche's thinking on justice and punishment explores the motives and forces which lie behind moral concepts and social institutions. His dialogue with several writers of his time is discussed here. Eugen Dühring had argued that a natural feeling of ressentiment against those who have harmed us is the source of the concept of injustice, so that punishment, even in its most impersonal form, is always a form of revenge. In attacking this theory, Nietzsche developed his own powerful critique of moral concepts such as responsibility and guilt. He borrowed his ‘historical’ approach to moral concepts from Paul Ree, who suggested that the utilitarian function of punishment had been obscured by its practice, which appears to be directly linked with moral guilt. Nietzsche responds that punishment has quite different purposes and meanings at different times, so that any single explanation or justification is inadequate. In this way, he rejects the pre-suppositions common to the retributivists and utilitarians of his time.

This paper considers three sorts of account of the quality of life. These are (1) capability views, due to Amartya Sen and Martha Nussbaum, (2) desire accounts and (3) the prudential value list theory of James Griffin. Each approach is evaluated in the context of a tale of cannibalism and moral decay: the story of Count Ugolino in Dante's The Divine Comedy. It is argued that the example causes difficulties for Sen's version of the capability approach, as well as for desire accounts. Nussbaum's version of the capability approach deals withthe example better than Sen's. However, it fails adequately to accommodate pluralism. I suggest that James Griffin's account of well-being deals well with this example and accommodates pluralism. I suggest that, of the views considered, Griffin's is the best account of the quality of life.

Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the obvious role for punishment will be, so far as possible, to undo such evils: to rectify the effects of the crime that make it a repugnant republican act. This paper explores this theory of punishment as rectification, contrasting it with better established utilitarian and retributivist approaches.

Objective consequentialism is often criticized because it is impossible to know which of our actions will have the best consequences. Why exactly does this undermine objective consequentialism? I offer a new link between the claim that our knowledge of the future is limited and the rejection of objective consequentialism: that ‘ought’ implies ‘can’ and we cannot produce the best consequences available to us. I support this apparently paradoxical contention by way of an analogy. I cannot beat Karpov at chess in spite of the fact that I can make each of many series of moves, at least one of which would beat him. I then respond to a series of objections. In the process I develop an account of the ‘can’ of ability. I conclude with some remarks about the bearing this attack has on subjective consequentialism.

What I call the Just Distribution theory of punishment holds that the justification of punishment is that it rectifies the social distribution of benefits and burdens which has been upset by the offender. I argue that a recent version of this theory is no more viable than earlier versions. Like them, it fails in its avowed intention to deliver fundamental intuitions about crime and punishment. The root problem is its foundation in Hart's Principle of Fair Play, a foundation which, I argue, is inappropriate for a theory of punishment.