Warm-up: three questions from behind you

From memory — no notes, no looking back. Each comes from a unit you have already taken.

  1. Can a valid argument have a false conclusion? Say what validity is — and what soundness adds. (Logic)
  2. The is–ought gap: what does Hume say no stack of “is” premises can yield on its own? (Logic)
  3. Refute, dissolve, deflate — name the three kinds of answer to a sceptical doubt, with one philosopher for each. (Core)

Check your answers against the donor units before this unit’s first lesson ends — being wrong now and finding out is the point.

1 What makes an action right or wrong?

The moral philosopher Derek Parfit spent thirty years writing a book called On What Matters.1 Not “On What Is Interesting” or “On What Is Fashionable.” What matters. The ambition is almost embarrassingly earnest. Ethics is the branch of philosophy that asks how we ought to act, what kind of person we ought to be, and what makes an action right or wrong. Unlike mathematics or natural science, ethics is not primarily about describing what is the case but about what ought to be. That normative character makes it difficult — and makes the temptation to say “it’s all just opinion” understandable. The temptation can be resisted in more than one way. The realist’s route is to show that ethical claims have a defensible logical structure. Blackburn’s route is to show that even an expressivist reading — one on which moral talk expresses attitudes rather than stating facts — does not entail “anything goes”. The virtue-ethical route is to treat ethics as a tradition of practical reasoning rather than as a search for facts.

Disagreement does not by itself make all positions equally defensible — physics, history, and medicine involve disagreement too. The claim that some moral questions are easier than others (gratuitous cruelty is wrong; chattel slavery as practised in the Atlantic system was wrong) has to be argued for, not asserted; eighteenth-century defenders of slavery reasoned at length from premises they took to be obvious, and abolition overturned arguments rather than carelessness. The case for “some moral claims are more defensible than others” is itself a substantive philosophical claim, not a piece of common sense.

The Cave Rescue of the Thai Boys and the Trolley Problem Made Real

On 23 June 2018, twelve boys aged eleven to sixteen from the Wild Boars football team and their twenty-five-year-old assistant coach entered the Tham Luang Nang Non cave system in Chiang Rai, Thailand, and were trapped deep inside when monsoon rains flooded the entrance. They were located alive on day nine by two British cave divers; the rescue itself ran from 8 to 10 July 2018.2 The Australian anaesthetist Richard Harris devised the only plan that the cave-diving team thought had any chance of working: administer the dissociative anaesthetic ketamine to each boy at the dry chamber, fit a full-face positive-pressure mask, and have a diver tow each unconscious child through several kilometres of flooded passage, with top-up injections en route. The risk was unambiguous: an unconscious child face-down in a mask in a flooded sump could drown if anything failed. The alternative — leaving the boys to wait out the four-month monsoon in a cave they could not be reliably resupplied in — Harris and the Thai authorities judged near-certain to kill them. The boys’ parents consented to the sedation in writing; the boys themselves had no realistic option to refuse. Harris later described his state of mind during the operation as focused on the individual child in front of him at each transfer, on what he owed to that child in particular, rather than on the operation as a whole. The thirteen survived. One of the rescuers, the former Thai Navy SEAL diver Saman Kunan, died on 6 July while placing air tanks for the operation, and another, Beirut Pakbara, died of a blood infection contracted during it in 2019.

Three frameworks have dominated Western moral philosophy since the Enlightenment. They contradict each other on cases that matter.

flowchart LR
  A["An action"]
  A --> C["<b>Consequentialism</b><br/>look <i>downstream</i>:<br/>right if it produces<br/>the best outcome<br/><br/>Bentham, Mill, Singer<br/><i>What should I do?</i>"]
  A --> D["<b>Deontology</b><br/>look at <i>the act itself</i>:<br/>right if it conforms to a<br/>duty, whatever follows<br/><br/>Kant<br/><i>What must I never do?</i>"]
  A --> V["<b>Virtue ethics</b><br/>look at <i>the agent</i>:<br/>right if it flows from<br/>virtuous character<br/><br/>Aristotle, Mencius<br/><i>Who should I be?</i>"]
The three frameworks differ before they differ about any case: they disagree about where in an action rightness is located, and therefore about which question a moral agent should even be asking.

1.1 Consequentialism

The rightness of an action is determined by its consequences. An action is right if it produces the best available outcome. The most famous version: utilitarianism, developed by Jeremy Bentham (Introduction to the Principles of Morals and Legislation, 1789) and refined by John Stuart Mill (Utilitarianism, 1863). Utilitarianism is the ethical theory of governments and policy-makers — the framework reached for when competing goods must be weighed across large populations. Its critics argue that the same machinery that makes it useful in policy contexts produces conclusions in individual cases that strike most people as monstrous.

“Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do.” — Jeremy Bentham, Introduction to the Principles of Morals and Legislation, Chapter I, §13

Bentham’s slogan — “the greatest happiness of the greatest number” — taken at face value, is underdetermined. “Greatest” how — sum total? average? minimum lifted (maximin)? “Greatest number” as a separate maximand — a second quantity to be maximised in its own right — or absorbed into the sum? Henry Sidgwick already saw, in The Methods of Ethics (1874, Book IV, Chapter I), that these read off different verdicts in cases of population growth, sacrifice, and inequality.

R. M. Hare’s Moral Thinking (1981) responded with two-level utilitarianism: at the “intuitive” level we should rely on robust public rules (something like the slogan), reserving direct expected-utility calculation for “critical” reflection on the rules themselves. Direct calculation in the moment is, in Hare’s view, often counterproductive.4

1.2 Deontology

The rightness of an action is determined by whether it conforms to a moral rule or duty, independently of consequences. Immanuel Kant (Groundwork of the Metaphysics of Morals, 1785) is the central figure — a man who reportedly led such a regular life that his neighbours set their clocks by his daily walk, and whose moral philosophy has a similarly clockwork quality: precise, systematic, and occasionally infuriating.

“Act only according to that maxim whereby you can at the same time will that it should become a universal law.” — Immanuel Kant, Groundwork of the Metaphysics of Morals, Section II5

For Kant, lying is wrong not because it produces bad outcomes — but because the maxim “lie when convenient” cannot be universalised without contradiction. (If everyone lied whenever it suited them, the practice of truth-telling that makes lying effective would collapse.)

Harris’s account of his own state of mind during the Tham Luang operation — focused on what he owed to each child in front of him at each transfer rather than on the operation as a whole — is a Kantian description in form: not “the maximum lives saved across all transfers” but the duty owed to the particular person under the mask.

1.3 Virtue Ethics

The central question is not “what should I do?” but “what kind of person should I be?” Aristotle (Nicomachean Ethics, c. 350 BCE) developed the founding account: right action flows from virtuous character. A courageous person does the courageous thing — not because they have calculated it is right, but because courage is who they are.

The idea at the centre of Aristotle’s account is often rendered — via Will Durant’s paraphrase in The Story of Philosophy (1926) — as: “We are what we repeatedly do. Excellence, then, is not an act, but a habit.” This precise phrasing is Durant’s, not Aristotle’s.6 The actual passage reads:

“Excellence of character… is a result of habit.” — Aristotle, Nicomachean Ethics, Book II, Chapter 17

Virtue ethics does not offer a decision procedure (unlike the utility calculation or the categorical imperative).

The Aristotelian framework has a near-contemporary non-Western parallel in the Chinese philosopher Mencius (孟子, 4th c. BCE). Mencius 2A.6 introduces the four sprouts (si duan 四端) of moral character: hearts of compassion, shame, deference, and right and wrong — the seeds of ren (humaneness), yi (righteousness), li (propriety), and zhi (wisdom). Mencius’s locus classicus — his most-quoted example: anyone who saw a child about to fall into a well would feel alarm and compassion — not from calculation but from a sprout descriptively present in human nature, which must be cultivated by habit into the full virtue.8 Tham Luang fits the Mencian frame as readily as the Kantian one: Harris’s recoil at leaving the boys to wait out the monsoon, and his focus on each child as he reached them, are the four sprouts under operational pressure. Is Mencius’s heart of compassion evidence about the case, or only about the recoiler? That is what the question below isolates: its signal reading defends moral intuition as evidence about the case; its noise reading debunks it as evidence about us.

1.4 The Trolley Problem

Judith Jarvis Thomson introduced the switch/footbridge formulation in “The Trolley Problem” (1985), building on Philippa Foot’s original case in “The Problem of Abortion and the Doctrine of Double Effect” (1967):9

Case 1 (the switch): A runaway trolley is heading towards five people. You can pull a lever and divert it onto a side track where one person stands. Do you pull the lever?

Case 2 (the footbridge): A runaway trolley is heading towards five people. You are on a bridge with a large man whose body would stop the trolley if he fell in front of it. Do you push him?

Most people say yes to Case 1 and no to Case 2. The consequences are arithmetically identical — in both cases, action kills one to save five. Yet our moral intuitions diverge sharply.

  • A consequentialist seems committed to yes in both cases.
  • A deontologist distinguishes: in Case 1 you redirect an existing threat; in Case 2 you use a person as a means (violating Kant’s formula of humanity).
  • A virtue ethicist asks: what would a person of good character do? Is pushing a man to his death ever an act of virtue?
flowchart LR
  T["Five will die unless<br/>one dies instead"]
  T --> S["<b>The switch</b><br/>pull the lever, divert<br/>the trolley onto a<br/>side track"]
  T --> F["<b>The footbridge</b><br/>push the large man<br/>into its path"]
  S --> SC["Consequentialist: yes<br/>Deontologist: yes — you<br/>redirect an existing threat<br/>Most people: yes"]
  F --> FC["Consequentialist: yes<br/>Deontologist: no — you use<br/>a person as a means<br/>Most people: no"]
The trolley pair is built so that only one variable moves. The arithmetic is identical in both cases; what changes is whether the one death is a redirected threat or a used body — and that is precisely the difference the consequentialist has no room to record.

The Trolley Problem is not a parlour game. It is a controlled experiment that isolates the variables in moral reasoning. And exactly that isolation is what its critics — Anscombe, Williams — have called the source of its distortion: real ethical life comes with relationships, histories, and projects attached, and the thought experiment begins by stripping them away.10

1.5 Questions

Questions 1 and 2 are retrieval checks — answer them from memory before you argue the rest.

  1. The Trolley Problem produces different intuitions for Case 1 and Case 2, but the consequences are arithmetically identical. From memory: what do most people answer in each case, and what exactly is the same between them?
  2. All three frameworks — consequentialism, deontology, virtue ethics — seem plausible in some cases and implausible in others; only the deontologist’s verdict splits across the two trolley cases. State the Foot–Thomson distinction that grounds the split: what is done to the man on the footbridge that is not done to the man on the side track?
  3. Is moral disagreement fundamentally different from factual disagreement? If two people cannot agree whether an action is right, is there a fact of the matter they’re both trying to track — or are they just expressing different values?
  4. Aristotle says right action flows from good character. But character has to be built through choices. Which comes first?

Which Framework Gets the Trolley Right?

You have seen how consequentialism, deontology, and virtue ethics each approach the trolley cases — and you have seen Anscombe and Williams refuse the cases themselves. That gives you three seats, not two, and they are not three moods about the footbridge: they disagree about what kind of question the trolley is.

The divergence is noise (the arithmetic settles it): The consequentialist verdict is correct in both cases. Same lives at stake, same arithmetic, same permissibility. The intuitive divergence between switch and bridge is best explained by Greene’s neuroimaging work on the personal/impersonal distinction — features of how the brain processes proximate vs distal harm. Intuitions are evidence about us, not about the moral situation.

The divergence is signal (the intuition tracks a real line): The switch/bridge distinction is morally principled, not merely psychological. Philippa Foot (“The Problem of Abortion and the Doctrine of the Double Effect,” 1967) and Judith Jarvis Thomson (“The Trolley Problem,” 1985) argue: pushing the man uses him as a means; diverting the trolley redirects a threat. The intuition tracks that difference.

The divergence is an artefact (the experiment is the mistake): Anscombe and Williams’s complaint, taken as a position of its own. The trolley isolates its variables by stripping away exactly what moral life runs on — relationships, histories, projects — so any verdict delivered inside the thought experiment reports on the instrument, not on morality. This is not a way out; it is the hardest seat at the table. Whoever takes it must say how a moral question has to be posed before reasoning can get a grip on it — and must still answer at Tham Luang, where the one-against-many choice was real, could not be declined, and came with faces attached.

Taking the noise reading commits you to defending the pushing of the man off the bridge as not only permissible but required — and to saying what error virtually everyone is making when they recoil from this conclusion. Taking the signal reading commits you to stating the morally relevant difference with sufficient precision that it cannot be dismissed as post-hoc rationalisation, and to explaining why your principle does not also prohibit the lever case on the same grounds. Taking the artefact reading commits you to a positive account of what a well-posed moral question looks like — and forbids you the luxury of silence about the flooded cave.

Write your verdict before anyone speaks — a few lines from the lever, the bridge, or the cave mouth: the reading you take and what it now obliges you to defend. Then test your own answer:

  • Did you treat the three as rivals about what kind of question the trolley is — noise, signal, artefact — and not as three tones of caution? “It depends how you look at it” is the one seat not offered.
  • Noise: did you defend pushing the man as required, not merely permitted — and name the error everyone makes who recoils?
  • Signal: did you state the using/redirecting difference precisely enough to survive the “post-hoc rationalisation” charge — and show it does not also forbid the lever case?
  • Artefact: did you say what a well-posed moral question looks like — and answer it for Tham Luang, where the isolation was real and refusing the question was not an option?

2 Should we always maximise happiness?

The FTX Collapse and the Effective-Altruism Calculation

In November 2022 the cryptocurrency exchange FTX filed for bankruptcy after revelations that approximately $8 billion of customer deposits had been transferred to its sister hedge fund Alameda Research and lost in trading.11 Its founder Sam Bankman-Fried, then 30, had been profiled across the financial press as the public face of a new utilitarian philanthropy. Bankman-Fried had publicly committed himself to earning to give — the strategy, theorised in William MacAskill’s Doing Good Better (2015) and adjacent Effective Altruism literature, of pursuing the highest available income precisely in order to give it away to the most cost-effective causes, prominently global poverty (GiveWell-listed charities such as the Against Malaria Foundation) and longtermist projects on pandemic preparedness and AI risk.12 By autumn 2022 Bankman-Fried had channelled hundreds of millions of dollars to EA-affiliated organisations and the FTX Future Fund. He cited Bentham, Singer, MacAskill, and Derek Parfit as influences. After the collapse, two readings of the case appeared inside Effective Altruism itself. MacAskill’s Twitter thread of 11 November 2022 and his subsequent statements distanced EA from Bankman-Fried personally without abandoning the underlying utilitarian framework, arguing that classic side-constraints — do not deceive, do not steal — had been violated and that genuine utilitarianism would have rejected the trades.13 Other EA-adjacent critics argued the FTX failure was not a personal aberration but the predictable consequence of a calculation that licenses comparing present customer harm against speculative future benefit and weights the latter so heavily that the former becomes acceptable.14 In court, prosecutors played video clips in which Bankman-Fried described his enterprise in explicitly utilitarian terms; he was convicted on seven counts of fraud and conspiracy on 2 November 2023 and sentenced to 25 years on 28 March 2024.

Peter Singer’s drowning-child argument is the section’s argumentative crux: a demand on the affluent, derived from premises few will explicitly reject, that few who endorse them in fact follow. The path to it runs through three predecessors. Bentham gave the doctrine in its sharpest form, the felicific calculus. Mill’s higher/lower distinction is the qualification that almost saves it. Nozick’s experience machine is the thought experiment that suggests qualifications alone cannot save it. Singer’s contribution is the doctrine refused all internal qualifications and applied to a concrete demand: those who can prevent suffering at modest cost are obligated to do so.

Behind all three sits a question Dostoevsky put in the mouth of Ivan Karamazov to his religious brother Alyosha: would you consent to build the edifice of human destiny if it required torturing to death one innocent child?15 Ivan’s point is that the utilitarian arithmetic — one suffering, millions happy — is precisely what he refuses; Singer’s argument asks the affluent to perform that arithmetic anyway, on suffering they could prevent. Utilitarianism remains the most influential ethical theory in practical politics, public health, and policy-making, and its sophisticated defenders — Sidgwick and Hare among them — have replied to Ivan in ways that deserve engagement.16

2.1 Bentham’s Felicific Calculus

Jeremy Bentham (Introduction to the Principles of Morals and Legislation, 1789) was an empiricist about morality: pain and pleasure are the only real moral currencies. Everything else — virtue, duty, honour — is meaningful only insofar as it connects to pleasures and pains. He proposed a felicific calculus: a method for quantifying pleasures and pains along seven dimensions (intensity, duration, certainty, propinquity, fecundity, purity, extent).17

Add up the pleasure, subtract the pain, across all affected people: the action with the highest net score is the right one.

Bentham’s formula — “it is the greatest happiness of the greatest number that is the measure of right and wrong” — was declared a “fundamental axiom” in A Fragment on Government (1776), thirteen years before the Introduction. He was serious about the calculation. He spent much of the 1790s designing and lobbying for a prison he called the Panopticon — a circular building in which every cell would be visible from a central inspection tower, yet prisoners could never know whether they were being watched at any given moment.18 Bentham calculated that this design would maximise good behaviour at minimum cost, thereby producing the greatest happiness of the greatest number; he petitioned Parliament for more than twenty years before the project was abandoned. That Bentham’s most sustained practical application of his own philosophy was a mechanism of total surveillance is not merely biographical. A system optimised for aggregate welfare can, by its own logic, justify comprehensive control over individual lives. That is the objection Ivan Karamazov presses. John Stuart Mill — raised by Bentham’s closest associate James Mill as a utilitarian educational experiment19 — later introduced the higher/lower pleasures distinction precisely to block the inference that a perfectly administered prison could constitute a good life.20

The problems with the calculus: Can pleasures really be added across different people? Can you sum your pleasure and my pain as if they were quantities of the same thing? Interpersonal utility comparison is one of the foundational problems of welfare economics.

2.2 Mill’s Refinement: Higher and Lower Pleasures

John Stuart Mill (Utilitarianism, 1863) noticed that Bentham’s calculus treats all pleasures as commensurable — a child’s joy in sweets and a philosopher’s joy in argument are just different quantities of the same thing. Mill thought this wrong.

“It is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied.” — John Stuart Mill, Utilitarianism, Chapter 221

Mill distinguished higher pleasures (intellectual, aesthetic, moral) from lower pleasures (bodily, animal). Higher pleasures are qualitatively superior — not just more intense but a different kind of good.

The problem with Mill’s refinement: it seems to abandon strict utilitarianism. If you’re allowed to rank pleasures qualitatively, you’re appealing to something other than the utility calculus. What determines which pleasures are “higher”?

Nozick’s experience machine sharpens the same pressure Mill saw — but with a thought experiment instead of a slogan.

2.3 Nozick’s Experience Machine

Robert Nozick (Anarchy, State, and Utopia, 1974) proposed a thought experiment that cuts to the heart of utilitarian hedonism:22

Imagine a machine that can give you any experience you desire. It can simulate, perfectly and indistinguishably from reality, a life of achievement, love, success, and happiness. You would not know you were in the machine — from the inside, it would be real. The machine can be programmed before you enter; you will then forget you chose to enter it.

Should you plug in?

Most people say no. They want to actually do things, not just have the experience of doing them. They want to be a certain kind of person. They care about their actual relationships, not simulations.

The utilitarian implication: if you say no to the experience machine, you are implicitly denying that life is only about maximising felt happiness. There are things that matter — achievement, authentic relationships, reality itself — that are not reducible to subjective experience.

2.4 Peter Singer and Effective Altruism

Peter Singer’s “Famine, Affluence, and Morality” (1972) was written in direct response to the 1971 East Bengal crisis: the cyclone that struck on 12 November 1970 followed by the war of Bangladeshi independence had displaced roughly nine million refugees into camps where, Singer argued, deaths from starvation and disease were continuing while affluent governments and individuals spent vastly more on items of comparable cost — concert tickets, new clothes — that they could not have considered as morally weighty. He generalised this to a principle:

If it is in our power to prevent something bad from happening without sacrificing anything of comparable moral importance, we ought to do it. This applies regardless of distance. The drowning child in front of you (Singer’s own simplifying analogy, from the same essay) and the Bengali child dying in a refugee camp you’ll never visit have equal moral weight.

“I do not think I need to say much in defence of the view that we ought, morally, to give a great deal more than we do.” — Peter Singer, “Famine, Affluence, and Morality” (1972), section III23

Singer’s argument implies that affluent people who spend money on luxuries while others die of preventable diseases are behaving immorally. He has himself given a substantial fraction of his income to effective-altruist charities for several decades, and distinguishes a “strong” version of the principle (give up to the point of marginal utility — until giving more would harm you as much as it helps others) from a “moderate” practical standard. In The Life You Can Save the moderate standard is calibrated to be reachable rather than deterring: for ninety-five per cent of Americans it can be met by giving no more than 5% of income, with a sliding scale rising sharply for higher earners.24 Effective altruism is the movement built on this principle, asking not just “should I give?” but “how can I do the most good with what I give?”

The objection: Singer’s argument seems to demand too much. It implies that middle-class people should impoverish themselves to the point of marginal utility — give until giving more would harm you as much as it helps others. Bernard Williams and Susan Wolf press the demandingness charge, arguing that the theory’s all-things-considered command leaves no room for personal projects and commitments.25

flowchart TB
  B["<b>Bentham</b><br/>sum pleasure, subtract pain,<br/>across everyone affected"]
  B --> P1["Can pleasures be summed<br/>across different people at all?"]
  B --> M["<b>Mill</b><br/>higher pleasures are<br/>qualitatively superior:<br/>Socrates dissatisfied<br/>over the pig satisfied"]
  M --> P2["Ranking pleasures by quality<br/>appeals to something<br/>outside the calculus"]
  M --> N["<b>Nozick</b><br/>the experience machine<br/>supplies every pleasure<br/>— and most people<br/>refuse to plug in"]
  N --> P3["So felt happiness is not<br/>all we value: reality,<br/>achievement and being<br/>someone matter too"]
  N --> SI["<b>Singer</b><br/>if suffering counts wherever<br/>it occurs, the affluent owe<br/>far more than they give"]
  SI --> P4["The demandingness objection:<br/>a morality no one can live<br/>inside — or a morality we<br/>would rather not live up to?"]
Four pressures on the hedonic calculus, and what each concession costs. Every repair that saves utilitarianism from a counterexample imports something the calculus was designed to do without.

2.5 Questions

Questions 1 and 3 are retrieval checks — answer them from memory before you argue the rest.

  1. The experience machine provides everything hedonist utilitarianism values, and most people still refuse to plug in. State the implication Nozick draws: what does refusing show that we value, and what does that do to the claim that felt happiness is all that matters?
  2. Singer argues there is no morally relevant difference between a drowning child in front of you and a starving child on another continent. Is this right? If you disagree, what is the morally relevant difference?
  3. Mill’s distinction between higher and lower pleasures saves utilitarianism from the “pig satisfied” objection. From memory: which pleasures does Mill rank as higher and which as lower — and state the standard objection: what does a qualitative ranking appeal to that the utility calculus cannot supply?
  4. How much are you morally obligated to give? Is there a principled limit to utilitarian demands — or should we accept that the theory is demanding and adjust our lives accordingly?

Does Singer’s Drowning-Child Argument Bind the Affluent?

Position A (the argument binds): Singer’s argument is valid and its conclusion follows from premises most people, on reflection, accept. If suffering matters morally regardless of who suffers, and if proximity is not morally relevant in itself, the affluent are obligated to give substantially more than they do. The “demandingness” objection (Williams on integrity, Wolf on moral saints) shows the resulting life would be psychologically costly — but costly is not the same as false, and a demanding obligation is still an obligation.

Position B (proximity and attachment count): Proximity and particular relationships do make a moral difference. Special obligations to those near to us — family, friends, community — are not irrational partiality; they are constitutive of human moral psychology, and a theory that dissolves them into aggregate welfare destroys the relationships that give moral life its texture.

Taking Singer’s side commits you to naming a figure — how much you, personally, are obligated to give — and to living by it, or to saying honestly why the argument binds others and not you. Taking the side of attachment commits you to drawing the line between partial concern and selfishness on a principle that would survive Singer reading it back to you — not a line that just happens to sit wherever your convenience put it.

Sign before you argue. The collection plate is, in effect, being passed along your row. Before the discussion, write the statement you could read aloud with your own spending in view — the side you take and what it signs away. Then audit your own sentences:

  • Did you name what each side actually signs away — Position A a recognisably human life full of partial loves the argument cannot license, Position B the full weight the drowning-child argument plainly assigns to the Bengali child it then declines to lift? A verdict that pretends one side is costless is not yet a verdict.
  • Position A: did you state how much you are obligated to give and resolve to live by it — or say honestly why the argument binds others but not you?
  • Position B: did you draw the line between partial concern and selfishness on a principle that survives the charge that it sits wherever your convenience put it?

3 What is duty — and can it override consequences?

Paul Grüninger, Carl Lutz, and the Murderer at the Border

Paul Grüninger (1891–1972), police commander of Canton St Gallen from 1925, faced an immediate moral problem when Switzerland sealed its border with Austria after the Anschluss of March 1938. Federal regulations required that all entering Austrian Jews bear a “J” stamp on their passports and that those without proper visas be turned back at the border into the territory of the regime they were fleeing.26 Between March 1938 and April 1939, Grüninger systematically falsified entry stamps to predate the closure of the border, registering Jewish refugees as having entered before the new regulations took effect. He thereby admitted, on conservative estimates, around 3,600 Austrian and German Jews who would otherwise have been refused. He was investigated by the federal authorities, suspended on 31 March 1939 and summarily dismissed without pension that May, convicted of falsifying official documents in 1940, and died in poverty as a private music teacher in 1972.27 On 30 November 1995 the District Court of St Gallen quashed his conviction posthumously — the first formal Swiss judicial rehabilitation of a wartime official — and the Paul Grüninger Stiftung was founded in 1998. Carl Lutz (1895–1975), Swiss vice-consul in Budapest from 1942, faced an even larger version of the same problem after the German occupation of Hungary in March 1944. Between March and December 1944, working through legal authority that the Federal Council in Bern had not in fact granted him, Lutz issued Schutzbriefe — protective letters claiming Swiss diplomatic protection over their bearers — to an estimated 62,000 Hungarian Jews. He set up 76 protected houses in Budapest’s “international ghetto” and persuaded SS officers and Hungarian fascists that the protection was authorised; it was not.28 On his return to Bern Lutz was reprimanded by the Federal Council for exceeding his authority; formal rehabilitation came only in 1957. Both were condemned at the time and rehabilitated decades later.

Singer’s drowning child gave utilitarianism’s standing complaint: it demands too much — strictly applied, it would dissolve the personal life into a global welfare calculation. Deontology faces the mirror objection. Kant’s “murderer at the door” is the inversion: strictly applied, deontology seems to demand too little, forbidding the lie that would save the friend. It is the case Grüninger and Lutz lived through at the Swiss border and in Budapest in 1938–44, and the case played out at the Hôtel des Mille Collines in Kigali in 1994.

A worked example sits behind the doctrine. Between 6 April and mid-July 1994, the Rwandan genocide killed roughly 800,000 Tutsi and moderate Hutu in about a hundred days — the killing directed by radio broadcasts and government lists, carried out largely with machetes. Through those months, around 1,268 Tutsi and moderate Hutu refugees survived inside the Hôtel des Mille Collines in Kigali. Interahamwe commanders came repeatedly to the gate with names and room numbers; the refugees were not handed over; the hotel was never overrun. The popular account — Terry George’s film Hotel Rwanda (2004), the manager Paul Rusesabagina’s own An Ordinary Man (2006) — credits Rusesabagina with saving them through bribery and lies told to militia officers. That heroic-individual version is sharply contested, and his later prosecution in Rwanda complicates it further.293031 But the philosophical use of the case does not stand or fall with him. It requires only that someone at the hotel — the manager, the UN observers, the Congolese peacekeepers, the refugees coordinating at the gate — repeatedly chose to deceive armed men who had come for the names of those hiding upstairs, and that the deceptions kept over a thousand people alive.

Kant’s deontology is the most ambitious attempt to ground morality in pure reason, regardless of what works out in practice. It is also among the most counterintuitive: it seems to require telling the truth to a murderer who asks where your friend is hiding.

3.1 The Categorical Imperative

Kant’s central moral principle has several formulations. Two are most important:

Formula of Universal Law: “Act only according to that maxim whereby you can at the same time will that it should become a universal law.” (Groundwork, Ak 4:421)32

Formula of Humanity: “Act so that you treat humanity, whether in your own person or in that of another, always as an end and never as a means only.” (Groundwork, Ak 4:429)33

The two formulas are supposed to be equivalent, though this is contested. Together they capture what Kant meant by the categorical imperative — an imperative that applies to all rational beings unconditionally, not contingently on what you want (that would be a hypothetical imperative: “if you want X, do Y”).

flowchart LR
  I["An imperative"]
  I --> HY["<b>Hypothetical</b><br/>'If you want X, do Y'<br/>— binds only while<br/>you want X"]
  I --> CA["<b>Categorical</b><br/>binds every rational being<br/>unconditionally"]
  CA --> F1["<b>Formula of Universal Law</b><br/>could the maxim of your<br/>action be willed as a<br/>law for everyone?"]
  CA --> F2["<b>Formula of Humanity</b><br/>does it treat humanity<br/>as an end, never merely<br/>as a means?"]
  F1 --> T1["'Lie when it suits me'<br/>destroys the truth-telling<br/>that makes lying work —<br/>a contradiction in conception"]
  F1 --> T2["'Never help anyone'<br/>can be conceived, but<br/>no one could rationally<br/>will it — a contradiction<br/>in the will"]
Kant’s test is not a prediction of consequences but a check for self-contradiction: the maxim that could not be universally acted on is one whose own success depends on others not adopting it.

3.2 Testing Maxims

Kant’s method: extract the maxim of an action — the general principle the action expresses — and ask whether it could be a universal law. Can everyone act on this principle consistently?

Lying: Suppose I lie to someone to get money. My maxim: “Lie when it suits me.” Can I universalise this? If everyone lied whenever it was convenient, the practice of telling the truth that makes lying possible would collapse. (You can only successfully lie if the person you’re lying to expects truth-telling.) The maxim is self-defeating when universalised. Therefore lying is wrong — full stop.

Suicide: Suppose I am in despair and consider ending my life to escape misery. Maxim: “Destroy my life when its continuation brings more suffering than pleasure.” Kant argues this is self-defeating: life is the condition of all action; to destroy life to benefit oneself contradicts the principle that life is valuable as the ground of rational agency.

Helping others: Maxim: “Never help anyone; let everyone fend for themselves.” This can be universalised without contradiction — a world of pure self-sufficiency is not logically impossible. But Kant argues no one could rationally will it: we cannot consistently will a world in which no one would help us, since we know we will need help.

3.3 The Murderer at the Door

Kant’s most notorious commitment: in his essay “On a Supposed Right to Lie from Philanthropy” (1797), he argued that you must not lie to a murderer who asks where your friend is hiding. If you lie and the murderer somehow finds your friend anyway, you are responsible for the outcome. If you tell the truth and the murderer finds and kills your friend, the murderer alone is responsible.

“Truthfulness in statements that one cannot avoid is a human being’s duty to everyone, however great the disadvantage to him or to another that may result from it.” — Immanuel Kant, “On a Supposed Right to Lie from Philanthropy,” in Practical Philosophy, trans. Mary J. Gregor (Cambridge University Press, 1996), AK 8:42634

This seems monstrous. Benjamin Constant and many later philosophers argued that duties apply only to people who have a right to the information — a murderer has forfeited his right to your honest answer.35

Kant’s defenders argue: he is not saying “inform the murderer.” He is saying don’t lie. There is a third option: refuse to answer, misdirect without lying, etc. The strict deontological prohibition on lying does not require handing your friend over.

3.4 Can the Categorical Imperative be Repaired?

The question is not whether Kant produces the wrong verdict in extreme cases — most people agree he does. The question is whether the framework can be revised to produce the right verdict while remaining distinctively Kantian. Several repair strategies have been proposed.

1. The third maxim option. Kant himself suggested there is often a third option: you need not lie to the murderer; you can refuse to answer, misdirect without asserting falsehood, or ask why they want to know. At the gate of the Mille Collines — or in any household hiding refugees from a regime — when a militia commander demands to know which rooms hold Tutsi, there is no time for philosophical evasion.

2. The rights-forfeiture approach. A murderer who intends to kill has forfeited their right to honest treatment. Benjamin Constant argued this against Kant directly; Christine Korsgaard has developed a neo-Kantian version.36

But this requires importing a concept of rights forfeiture into the categorical imperative framework, which some regard as a fundamental revision rather than a repair. If we can forfeit our right to honest treatment by our intentions, then the categorical imperative is no longer genuinely categorical — it now has an escape clause that must be adjudicated in each case.

3. The conflicting duties resolution. W.D. Ross (The Right and the Good, 1930) argued that we have prima facie duties — duties that hold unless overridden by stronger competing duties.37 In the Rwandan case, the prima facie duty of truth-telling is overridden by the prima facie duty to protect innocent life. This handles the case gracefully. But it also abandons the categorical nature of the categorical imperative, turning it into something much closer to a balancing test.

None of these three repairs preserves the framework intact. A repaired framework that allows rights forfeiture, or that treats duties as defeasible, or that requires case-by-case balancing, has changed something Kant himself thought essential. For Williams and the consequentialist tradition generally, that is evidence the framework fails in precisely the cases where moral theory should most help. Korsgaard and other neo-Kantian readers38 read the same evidence the other way. The murderer-at-the-door essay, they argue, is a late and atypical text; the deeper Kantian commitment is to the Formula of Humanity; and the apparent rigidity dissolves when one attends to what the categorical imperative actually demands of a rational agent confronting an evildoer.

flowchart LR
  M["<b>The murderer at the door</b><br/>Kant: you must not lie,<br/>whatever follows"]
  M --> R1["<b>1. The third option</b><br/>refuse to answer, misdirect,<br/>ask why they want to know<br/>— you need not lie"]
  M --> R2["<b>2. Rights forfeiture</b><br/>the murderer has forfeited<br/>a claim on your honesty<br/>— Constant, Korsgaard"]
  M --> R3["<b>3. Prima facie duties</b><br/>duties hold unless overridden<br/>by a stronger one<br/>— W. D. Ross"]
  R1 --> C1["Works only where a<br/>third option exists"]
  R2 --> C2["Imports rights into a<br/>framework built without them"]
  R3 --> C3["Trades the categorical<br/>character of the imperative<br/>for a balancing test"]
Three attempts to keep the verdict without keeping the monstrosity — and the price of each. That every repair costs something Kant held essential is itself the finding: the framework’s rigour and its counterintuitive results have the same source.

Of the three, Ross’s prima facie duties is the repair with the most lasting influence on contemporary deontology — and also the one that most visibly trades the categorical character of the imperative for a balancing test, which is precisely what Kant’s framework was designed to refuse. What gives Kant’s framework its continuing philosophical power is its insistence that persons have a dignity that cannot be traded away in a calculation. The Formula of Humanity captures something real.

3.5 Strengths of Deontology

Despite the hard cases:

  • Deontology takes the separateness of persons seriously. Each person is an end in themselves, not a resource to be traded off against others. This blocks the utilitarian move of sacrificing one for many.
  • It captures the intuition that some things are wrong regardless of consequences: torturing innocents, using people as experimental subjects without consent, punishing the innocent to appease an angry mob.
  • It explains the concept of rights: something you hold against arbitrary interference, even well-intentioned interference.

The trolley case: a deontologist says you may divert the trolley (you are redirecting a threat) but may not push the man off the bridge (you are using him as a means). This is the agent-relative vs. agent-neutral distinction.

3.6 Questions

Questions 1 and 4 are retrieval checks — answer them from memory before you argue the rest.

  1. The murderer at the door: state Kant’s actual verdict in “On a Supposed Right to Lie” (1797) and his allocation of responsibility — what must you not do, who is responsible if you tell the truth and the friend is killed, and who if you lie and the murderer finds him anyway?
  2. Kant says morality is grounded in reason, not emotion or desire. Does this make ethics more objective — or does it just disguise the fact that our “rational” intuitions are themselves culturally formed?
  3. The Formula of Humanity says never treat someone merely as a means. But is it possible to never treat people as means at all? Taxi drivers are treated as means of transport; is that wrong?
  4. Utilitarians and deontologists often reach the same conclusions in ordinary cases. Name the case from this lesson where the two frameworks part company, and state each framework’s verdict on it.

Were Grüninger’s Falsified Stamps a Kantian Failure or a Kantian Duty?

The lesson has presented three repair strategies for the murderer-at-the-door case. Each repair has costs. Choose among three positions on what Grüninger’s case (and Lutz’s, and the Mille Collines parallel) shows about the categorical imperative.

Position A (the wrong tool for emergencies): The categorical imperative is the wrong tool for moral emergencies. At the St Gallen border in 1938, at the Budapest legation in 1944, and at the Hôtel des Mille Collines in 1994, the Kantian prohibition on lying would have required answering border guards, SS officers, and militia commanders truthfully. A framework designed for stable conditions among rational agents breaks down when conditions are not stable. The 1995 Swiss judicial rehabilitation of Grüninger and the 1957 rehabilitation of Lutz mark a public revision of the strict Kantian verdict.

Position B (the right tool, read right): The categorical imperative is being evaluated on the wrong terms. Kant’s claim is not that the imperative produces best consequences; it is that morality is not about consequences but about acting with unconditional respect for persons. A theory that abandons its principles under pressure is not a moral theory but a negotiation. Grüninger and Lutz did the right thing — but on a Kantian reading they did the right thing through the Formula of Humanity (treating the refugees as ends, not means) rather than against the Formula of Universal Law. Moral responsibility in an emergency belongs primarily to those who created the emergency: the Reich, the Hungarian fascists, the Interahamwe.

Position C (the gate is not a debating point): Refuse the symmetry the first two positions assume. Both treat “should the armed men have been answered truthfully?” as open until the exegesis settles it. C says the question has a floor: handing over the names — at the St Gallen border, at the Budapest legation, at the gate of the Mille Collines — is wrong beneath argument, and any theory that would require it is refuted by the case before the theorising begins. Not because consequences outweigh duty: because a moral theory that cannot say don’t to that question has not yet started describing morality. C is a commitment, not an exit, and it carries its own charge. You must say what separates your floor from every fanatic’s certainty that his conviction is bedrock — and what, if anything, could ever show C wrong. And C forfeits argument at the one point where argument might be needed: to the man at the gate who does not feel the floor, C has nothing left to say.

Choose one. Position A must identify what framework does work in moral emergencies — and why it does not generate the utilitarian disasters. Position B must say what the Kantian verdict actually is on Grüninger’s falsified stamps, on Lutz’s unauthorised Schutzbriefe, and on the Mille Collines deceptions, and why that reading does not collapse into consequentialism in deontological dress. Position C must name the mark that distinguishes a floor beneath argument from a prejudice wearing that title — and admit what discovery or argument would force it to stand down.

Write your ruling before the seminar convenes — brief enough to be said at the gate, with the lists already in the commander’s hand: the position you take and the charge you accept for holding it. Then test your ruling:

  • Did you argue from the gate of the Mille Collines — standing where the question was whether to tell armed men which rooms held children — rather than from above it, surveying the formulae? A verdict reached without first refusing to answer the militia truthfully has answered a different, easier question.
  • Position A: did you name the framework that does work in moral emergencies, and say why it does not generate the utilitarian disasters the case-by-case calculus invites?
  • Position B: did you state the actual Kantian verdict on the falsified stamps, the unauthorised Schutzbriefe, and the Mille Collines deceptions — and show that reading does not just dress consequentialism in deontological costume?
  • Position C: did you say what would show the floor to be a prejudice — or does your refusal do no more argumentative work than the fanatic’s?

3.7 Interlude: What Kind of Claim Is a Moral Claim?

This section steps outside the unit’s usual shape. There is no info-box situation, no question, no commentary — only a brief survey of the meta-ethical positions the rest of the unit assumes, and a short filing exercise at the end on the commitments you have already signed. Read it once before §4 and return to it whenever a question tempts you to ask “but what is this argument actually about?”

You have now lived through one consequentialist disaster (Singer’s drowning child, the trolley body count) and one deontological one (the murderer at the door, Kant’s refusal of the lie). In each you watched a careful moral framework reach a verdict that some readers find right and others find monstrous. That recurring shape raises a deeper, prior question: what kind of claim is “you ought to push him” in the first place? When the consequentialist says it is required and the deontologist says it is forbidden, are they contradicting each other about a moral fact — or expressing incompatible attitudes — or both arguing inside a fiction?

Moral realism holds that moral claims are genuine truth-apt statements about an independently existing moral reality. When we say “gratuitous cruelty is wrong,” we are stating something objectively true, not merely expressing a preference. G.E. Moore (Principia Ethica, 1903) defended a version of this: moral properties like “good” are real, non-natural properties, not reducible to any natural facts about pleasure, evolutionary fitness, or social approval.39

Expressivism holds that moral claims are not statements of fact at all — they express emotional attitudes or prescriptions. A.J. Ayer (Language, Truth and Logic, 1936) put the bluntest version: “If I say to someone, ‘You acted wrongly in stealing that money,’ I am not stating anything more than if I had simply said, ‘You stole that money.’ In adding that this action is wrong I am not making any further statement about it. I am simply evincing my moral disapproval of it.”40 This is sometimes called the boo/hooray theory: moral statements are sophisticated expressions of approval and disapproval, not descriptions of moral facts. Simon Blackburn’s quasi-realism is a more sophisticated descendant: we can talk as if moral claims are true without being committed to moral realism, because the expressive practices are deeply entrenched in human life.41

Error theory (J.L. Mackie, Ethics: Inventing Right and Wrong, 1977) holds a third position: moral claims do purport to state objective facts, but those objective facts don’t exist. Every moral claim is, strictly speaking, false. Mackie called moral objectivity a “queerness” — moral facts, if they existed, would be utterly unlike anything else in the natural world. On his view, morality is a useful and pervasive fiction.42

Thick-concept theory holds that the entire debate above is mis-posed because the genuinely informative parts of our moral vocabulary are not the thin terms — “good”, “right”, “ought” — that the realism/expressivism/error-theory dispute is conducted in, but the thick ones: “cruel”, “treacherous”, “cowardly”, “brutal”, “promised”, “courageous”. Bernard Williams (Ethics and the Limits of Philosophy, 1985) is the central figure. These thick terms, Williams writes, “seem to express a union of fact and value. The way these notions are applied is determined by what the world is like (for instance, by how someone has behaved), and yet, at the same time, their application usually involves a certain valuation of the situation, of persons or actions.”43

To call an act treacherous is not first to describe it neutrally and then to add a private “boo” — as Ayer’s analysis would require — but to apply a single concept that already fuses observation and judgement. The expressivist programme has to claim that thick terms decompose into a descriptive complex plus a thin prescription; Williams argues this decomposition cannot in general be carried out, because someone outside the relevant social world cannot pick out which acts the term applies to.44 Put plainly: in a thick term the fact and the value arrive welded together, and only someone inside the practice can use the term at all.

The “everything is just a perspective” response to ethical disagreement that TOK students often reach for is a crude version of expressivism. Naming it — and knowing that Ayer defended it, and that Blackburn refined it, and that Mackie’s error theory is a third alternative — immediately raises the level of the discussion.

flowchart LR
  Q1["Is a moral claim the kind<br/>of thing that can be<br/>true or false at all?"]
  Q1 -- "no" --> EX["<b>Expressivism</b><br/>it voices an attitude.<br/>'You acted wrongly' adds<br/>no fact to 'you acted'<br/>— Ayer, Blackburn"]
  Q1 -- "yes" --> Q2["Then are any of<br/>them actually true?"]
  Q2 -- "no" --> ER["<b>Error theory</b><br/>moral claims aim at facts<br/>that do not exist — every<br/>one of them is false<br/>— Mackie"]
  Q2 -- "yes" --> RE["<b>Moral realism</b><br/>there are moral facts,<br/>and we sometimes<br/>state them<br/>— Moore"]
  Q1 -. "the question is<br/>mis-posed" .-> TH["<b>Thick concepts</b><br/>the work is done by<br/><i>cruel</i>, <i>treacherous</i>, <i>owed</i> —<br/>which describe and judge<br/>in one move<br/>— Williams, McDowell"]
The four positions fall out of two questions asked in order — and thick-concept theory earns its place by refusing the first one, on the ground that the vocabulary that does the real work was never neutral enough to sort this way.

Back to the trolley, the murderer, the drowning child. The four positions are not idle scholasticism. Whether the dispute between the consequentialist and the deontologist is a disagreement about a moral fact (Moore), about attitudes (Ayer/Blackburn), about a shared fiction (Mackie), or mis-posed because the genuinely operative concepts are thick (Williams), changes what would even count as resolving any of the cases the past three lessons have asked you to commit on.

File Your Own Verdicts

Three of your commitments from this unit are already in writing: the trolley reading, the drowning-child position, the ruling at the gate. Take one of them — the one you are least sure of — and file it, in writing, under each of the four readings above, one line per reading:

  • Read as Moore would: what moral fact did your verdict claim to state?
  • Read as Ayer or Blackburn would: what attitude did it express, and to whom?
  • Read as Mackie would: inside what useful fiction was it a move?
  • Read as Williams would: which thick terms was it actually built from — cruel, owed, betrayed — and could someone outside your practice apply them?

Then mark the one reading under which your verdict is hardest to defend. You do not have to resolve that here; you have to know it is there when the next question asks you to sign something new.


4 What is virtue — and can it be taught?

The Bulger Case and the Question of Moral Formation

A note before reading: this case involves the abduction and killing of a small child by two ten-year-olds; the paragraph that follows includes brief forensic detail necessary to the philosophical question.

On 12 February 1993, two ten-year-old boys, Robert Thompson and Jon Venables, were truanting from school inside the New Strand Shopping Centre in Bootle, Merseyside. CCTV later showed them watching unaccompanied small children for over an hour and trying once, unsuccessfully, to lead away another two-year-old. They then took two-year-old James Bulger by the hand while his mother had momentarily turned to pay in a butcher’s shop, walked him 2.5 miles across Liverpool to a railway line in Walton, and there beat him to death with bricks, stones and an iron bar; they left the body on the track to be cut by a train. The forensic pathologist recorded forty-two separate injuries.45 At trial Thompson and Venables were convicted of abduction and murder, becoming the youngest convicted murderers in modern British history. The case forced a national crisis: what had made such an act possible in children so young? The trial judge, newspaper editors, and politicians debated whether the boys were innately evil, the product of failed families, or victims of a culture saturated with violent imagery. Thompson had grown up in a household marked by severe domestic violence and alcohol dependency; both boys had been persistently truanting from school and receiving almost no adult supervision.

Ask a child whether it was right to pull the trolley lever and save five people by killing one, and you will get an answer within thirty seconds. Ask the same question of the Bulger case — what should a community owe two ten-year-olds whose characters were still forming? — and the question stops being about a single act. Ask an Aristotelian, and the response begins by asking what kind of person you are, what habits you have built, what a person of good character would feel about being placed in such a situation. To a consequentialist this looks like evading the question; to the Aristotelian it looks like correcting a misframing. Aristotle’s ethics is not about rules or calculations. It is about character. The question is not “what should I do right now?” but “what kind of person should I become?” That re-framing shifts ethics toward the good life (eudaimonia) rather than a decision procedure for dilemmas.

4.1 Eudaimonia and the Good Life

Eudaimonia is usually translated as “happiness” but the Greek word is richer. It means something like human flourishing — living well, functioning well, actualising your capacities as a human being. It is not a feeling (you can feel happy while flourishing, but happiness is a by-product, not the thing itself).

Aristotle’s argument (Nicomachean Ethics, Book I): every action aims at some good. Goods are hierarchically ordered: we do X for the sake of Y, and Y for the sake of Z. There must be some final good — something sought for its own sake, not as a means to anything further. That final good is eudaimonia.

What is eudaimonia? Aristotle answers by asking what is distinctive about humans. All animals live; plants also grow and reproduce. What is distinctively human is rational activity. Eudaimonia is the excellent exercise of distinctively human rational activity over a complete life.

Aristotle takes virtue ethics to be tied to facts about human nature and what constitutes human excellence — facts he thought were discoverable through observation and reflection.

4.2 Virtue as Habit (Hexis)

A virtue (arete) is a stable disposition to feel and act in certain ways. Courage is not an isolated act of bravery — it is a settled character trait that reliably produces courageous behaviour in appropriate situations. Aristotle’s key insight:

“We become just by doing just acts, temperate by doing temperate acts, brave by doing brave acts.” — Aristotle, Nicomachean Ethics, Book II, Chapter 146

We are not born virtuous. We become virtuous through habit (ethos, from which we get “ethics”). Character is formed by repeated action. This is why education and upbringing matter: habits instilled in childhood shape character in ways that adult correction does not easily reach.

The virtuous mean: virtues lie between two vices, one of excess and one of deficiency. Courage is the mean between recklessness (excess) and cowardice (deficiency). Generosity is the mean between profligacy and miserliness. This is the doctrine of the mean (mesotes); the mean is relative to the person and situation rather than a mathematical average.

4.3 Phronesis: Practical Wisdom

The master virtue for Aristotle is phronesis — practical wisdom, or the capacity to reason well about what to do in particular situations. This is not the application of a rule; it is an acquired sensitivity to morally relevant features of situations.

Phronesis is what allows a virtuous person to navigate cases that rules cannot anticipate. A worked example: an emergency-medicine doctor faces a patient whose vital signs are within protocol but whose presentation is off in a way the protocol does not name. The doctor with phronesis recognises the wrongness and orders the further investigation the protocol does not require; the doctor without it follows the protocol cleanly and misses the early sepsis. Both have applied medical knowledge; only one has practical wisdom.

Aristotle therefore says ethics cannot be reduced to a calculation or a rule book. NE Book I: “it is the mark of an educated man to look for precision in each class of things just so far as the nature of the subject admits.”47

flowchart TB
  H["<b>Habituation</b> (<i>ethos</i>)<br/>we become just by<br/>doing just acts"]
  H --> A["<b>Virtue</b> (<i>arete</i>, <i>hexis</i>)<br/>a stable disposition to<br/>feel and act well —<br/>not an isolated act"]
  A --> M["<b>The mean</b><br/>each virtue sits between a<br/>vice of excess and one of<br/>deficiency: courage between<br/>recklessness and cowardice"]
  M --> P["<b>Phronesis</b><br/>practical wisdom — the<br/>master virtue that finds the<br/>mean in the case no<br/>rule anticipated"]
  P --> E["<b>Eudaimonia</b><br/>not a feeling but a life:<br/>rational activity of the<br/>soul, done well, over a<br/>whole life"]
Aristotle’s structure runs from the bottom up: habit forms disposition, disposition constitutes character, and character is what a flourishing life consists in. Phronesis is the load-bearing piece — the part that cannot be written down as a rule, which is why virtue ethics offers no decision procedure.

4.4 Can Virtue Be Taught?

Plato’s Meno begins: “Can virtue be taught?” Socrates claims not to know even what virtue is, so how could he know whether it can be taught? The dialogue concludes — tentatively — that virtue comes neither from teaching nor from nature alone but from divine dispensation to rare individuals.48

Aristotle disagrees: virtue can be cultivated through practice, habituation, and good models. But the process requires the right conditions: good upbringing, good political institutions, freedom from dire poverty.

Modern revival: Alasdair MacIntyre (After Virtue, 1981) argued that modern moral philosophy — dominated by utilitarian and Kantian frameworks — has collapsed, because it debates moral principles while having lost the tradition within which those principles made sense.49

4.5 Questions

Questions 1 and 4 are retrieval checks — answer them from memory before you argue the rest.

  1. Aristotle says we become courageous by doing courageous acts. State the circle exactly as it arises — why does this seem to presuppose the virtue it is meant to produce — and give Aristotle’s Book II resolution: which comes first, the act or the virtue, and what turns repeated acts into a hexis?
  2. Is eudaimonia the same for all humans, or does it differ between individuals and cultures? If it differs, is virtue ethics still universal — or does it collapse into relativism?
  3. MacIntyre argues that modern ethics has lost the tradition within which virtues make sense. Does this mean virtue ethics is hopelessly tied to particular communities? Or can a secular, pluralist society support virtue ethics?
  4. Is there a virtue corresponding to ruthlessness or deception in certain situations? (Machiavelli thought so.) Before arguing where virtue ethics draws the line, state the doctrine of the mean precisely: between what two things does a virtue lie, what is the mean relative to, and why is it not a mathematical average? Use courage as the worked case.

Could Virtue Ethics Have Told Us Anything About Thompson and Venables?

Position A (phronesis is the answer — Hursthouse, On Virtue Ethics (1999), Ch. 150): Virtue ethics does not pretend to be a decision procedure. The demand for one assumes ethics is a calculation problem — Aristotle’s foundational objection. Moral situations require phronesis, which rules cannot replace. On the Bulger case, virtue ethics does not adjudicate Thompson and Venables’s moment of action; it asks what communities owed two ten-year-olds whose character was still forming.

Position B (phronesis is the gap): Virtue ethics, as a theory, is incomplete in a way that matters. “What would a virtuous person do?” is a placeholder for guidance the theory does not supply. The appeal to phronesis risks circularity (right action = what the wise person does; wise person = who does right) and, with no external check, can ratify whatever locally honoured figures already do. Alasdair MacIntyre’s After Virtue (1981) presses the historical version of this charge: modern moral philosophy debates principles while having lost the tradition within which those principles made sense — and the Bulger case sits inside exactly that broken tradition.

Choose one. If you choose Position A, explain how phronesis is learned and evaluated — because if there is no standard, the virtuous person is just whoever gets called virtuous by their community. If you choose Position B, specify what decision procedure you would add to virtue ethics without simply importing consequentialism or deontology under a different name.

Before the discussion, write what you would be willing to give the 1993 courtroom — no more than a few lines, not on the boys’ guilt, but on what virtue ethics can and cannot say about them: your side, and the debt it carries. Then test your own answer:

  • Did you face the one hard question both sides turn on — how someone not yet virtuous comes to recognise what the virtuous person would do, without secretly consulting the rule or the calculation virtue ethics set out to refuse? A verdict that skips this question has skipped the point.
  • Position A: did you say how phronesis is learned and evaluated — so the virtuous person is not just whoever the community happens to honour?
  • Position B: did you name the decision procedure you would bolt on, and show it is not consequentialism or deontology wearing a virtue-ethics label?

5 Does morality depend on culture?

Female Genital Cutting and the Reformer’s Dilemma

Female genital cutting (FGC) covers a heterogeneous family of practices — the World Health Organization distinguishes four types, ranging from Type I (partial or total removal of the clitoral glans, “clitoridectomy”) through Type II (excision of the clitoris and labia minora) to Type III (infibulation: narrowing of the vaginal orifice by sealing the labia, the most severe form, prevalent in Somalia, Sudan, and parts of north-east Africa) and Type IV (other non-removal injuries such as pricking, scraping, or burning). Roughly 200 million women and girls alive today have undergone some form of FGC, the great majority in some thirty countries across Africa, the Middle East, and parts of Asia.51 In Gambia (where Type II predominates), the prevalence among women aged 15–49 has remained around 75 per cent. Yahya Jammeh’s government banned FGC by decree in November 2015 — the year after Gambian-American activist Jaha Dukureh, who had herself been cut as an infant, founded Safe Hands for Girls and conducted nationwide testimony work; Dukureh’s campaign rather than foreign NGO pressure is generally credited with the ban.52 In March 2024 Gambian lawmakers introduced a bill to repeal the ban; in July 2024 Parliament voted to uphold it. Enforcement remained inconsistent throughout.

When anthropologists visited societies with radically different moral practices — cultures where infanticide was normal, where theft from strangers was celebrated, where gender roles were utterly unlike our own — the obvious question arose: are these cultures wrong, or are moral standards simply different in different places? This question separates moral relativism from moral universalism, and the answer has enormous practical consequences. It is also, it should be said, a question that tends to make people in liberal societies feel pious on both sides: certain they cannot be judgemental about other cultures, equally certain that female genital mutilation is wrong.

A note on this case-study. The FGC example is one TOK textbooks reach for so reliably that it has become a tell. It does the work it does because it pits a relativist intuition (respect cultures) against a near-universal modern reaction (revulsion). But the example is partly constructed: Janice Boddy’s Civilizing Women (2007) and Bettina Shell-Duncan’s epidemiological work argue that Western framings homogenise practices that vary enormously across different communities, and that the relativist-vs-universalist binary erases the substantive internal debate within practising communities — religious traditionalists, medical reformers, and women’s-rights activists who do not map onto either Western label. Critics from inside (Nawal El Saadawi in Egypt; Hibo Wardere as a survivor-activist; the Feminist Africa scholars) have argued that “us versus them” misdescribes a politics being carried out by African women whose voices the framing tends to erase.53

5.1 Moral Relativism: Ruth Benedict

Ruth Benedict, the American anthropologist, argued in Patterns of Culture (1934) that moral norms are culturally constituted. What counts as normal or good varies by culture, and there is no standpoint outside all cultures from which to judge. She described cultures — including Western culture — as one pattern among many, each coherent on its own terms.

Benedict’s view is sometimes called cultural relativism: the descriptive claim that moral beliefs vary across cultures. This is uncontroversially true. But she sometimes slid toward moral relativism: the normative claim that there are no universal moral standards, and that a moral judgement is valid only relative to a cultural framework.

“Morality differs in every society, and is a convenient term for socially approved habits.” — Ruth Benedict, Anthropology and the Abnormal (1934)54

If this is right: “female genital mutilation is wrong” is not a cross-cultural truth — it is the expression of one cultural framework’s norms.

5.2 The Problem with Moral Relativism

Moral relativism is appealing — it sounds tolerant and anti-imperialist. It has serious problems:

  1. The reformer’s dilemma: If morality is just culturally approved habit, then moral reformers — abolitionists, suffragettes, those who resisted the Holocaust — were simply wrong by their culture’s standards. William Wilberforce, working from 1787 against the well-defended commercial and theological consensus of an empire whose Caribbean economy depended on enslaved labour, was on the relativist’s account wrong to oppose the slave trade until enough other people agreed with him to pass the Slave Trade Act of 1807 and (in the year of his death) the Slavery Abolition Act of 1833.55

  2. The tolerance argument is in tension with itself: Relativists often say “we should tolerate other cultures’ moral practices.” But tolerance is itself a moral value, and the relativist owes an account of its status. The sophisticated reply is that the relativist need not assert tolerance as a universal value but as a value internal to the liberal traditions that produced relativism — which makes the position more coherent at the cost of denying its own anti-imperialist appeal, since cultures whose internal traditions endorse intolerance cannot then be criticised on relativist grounds.

  3. Disagreement doesn’t entail there is no fact: People disagree about historical questions, about the safety of vaccines, about whether quantum mechanics is complete. We do not conclude from this that there is no fact of the matter. The relativist needs a further argument that moral disagreement is different in kind — most plausibly that it persists under ideal conditions of reflection in a way that scientific disagreement does not. Mackie’s “argument from relativity” attempts to make this case.

5.3 Moral Universalism

Moral universalists hold that some moral claims are true regardless of cultural context. The strongest version of the case starts not from a list of doctrines but from a claim about the human creature: any being capable of suffering, capable of being deceived, capable of caring about the fate of others, capable of being humiliated or honoured, stands in moral relations to others by the brute fact of those capacities. Aristotelian eudaimonist universalists (Nussbaum’s central human capabilities), Kantian dignity-universalists, and theological natural-law universalists differ on the metaphysics. But they converge on the structure: the moral standing is grounded in features of human beings that cross cultures rather than in features of any single culture’s moral vocabulary. The arguments for universalism that follow articulate three forms of that case.

  • Common humanity: all humans are capable of suffering, have basic needs, and stand in relations of mutual dependence. This is offered as ground for at least a minimal universal morality. The relativist’s standing rejoinder — that “what counts as suffering” and “what mutual dependence requires” are themselves culturally inflected — has to be answered, not waved away.
  • Convergence: across radically different cultures, there are striking convergences — prohibitions on gratuitous cruelty, norms of reciprocity, care for children. Whether this is evidence of shared moral truth or merely of shared selection pressures on a cooperative species is exactly where universalist and relativist part company.
  • Moral progress: the abolition of slavery, the extension of rights to women, the recognition of LGBTQ+ rights — these look to most modern observers like progress, not merely change. Two relativist escapes are available: deny that “progress” is anything but a value-laden judgement that begs the question; or grant that within a given culture some changes count as progress on the culture’s own terms (Bernard Williams’s route, distinguishing “real” from “notional” confrontations between value systems56).
  • Cross-cultural moral development: Lawrence Kohlberg’s research, building on Piaget (The Philosophy of Moral Development, 1981), traced a consistent developmental sequence — pre-conventional reasoning about punishment and reward, conventional reasoning about social conformity, post-conventional reasoning about universal principles independent of social rules.57 The post-conventional stage represents reasoning that can criticise social norms from a principled standpoint, and Kohlberg found the sequence across many cultures. Carol Gilligan’s In a Different Voice (1982) raised the standing objection that Kohlberg’s schema valorised an abstract justice model characteristic of Western male research subjects, undervaluing the care-ethic more characteristic of women’s moral reasoning;58 the dispute is not over whether the developmental sequence exists but over whether “higher” stages are neutrally identified or selected by criteria already friendly to the universalist’s preferred shape of reasoning.

5.4 The UN Declaration of Human Rights as a Test Case

The Universal Declaration of Human Rights (adopted 1948) asserts that certain rights apply to all human beings regardless of nationality, religion, or culture. It was drafted in the shadow of the Holocaust and adopted by the UN General Assembly — but not unanimously.

The universalist assumption: Article 1 — “All human beings are born free and equal in dignity and rights.” This is a substantive moral claim, not a cultural one.59

The relativist challenge: Governments from various cultural traditions have argued that the UDHR reflects Western liberal individualist values and cannot simply be imposed on societies with different traditions of community, authority, or religious law. Asian values debate (1990s); Islamic states’ reservations about inheritance law, gender equality provisions.60

The philosophical question: Is the UDHR a statement of universal moral truths, or a powerful particular culture’s values expressed in universal language?

flowchart LR
  O["Moral practices differ<br/>enormously across cultures"]
  O --> CR["<b>Cultural relativism</b><br/>a descriptive claim:<br/>moral beliefs vary.<br/>Uncontroversially true"]
  CR --> MR["<b>Moral relativism</b><br/>a normative claim: there<br/>is no standpoint from which<br/>to judge across cultures<br/>— Benedict"]
  CR --> MU["<b>Moral universalism</b><br/>some moral claims hold<br/>regardless of culture —<br/>common humanity,<br/>convergence, moral progress"]
  MR --> P1["The reformer's dilemma:<br/>abolitionists were simply<br/>wrong by their own<br/>culture's standard"]
  MR --> P2["Tolerance is itself a<br/>moral value — and it is<br/>being asserted universally"]
  MR --> P3["Disagreement does not<br/>entail that there is<br/>no fact of the matter"]
The descriptive claim is not in dispute; the normative one is. Most of the argument turns on whether the second follows from the first — and the three objections all say it does not.

5.5 Questions

Questions 1 and 2 are retrieval checks — answer them from memory before you argue the rest.

  1. Is the distinction between “cultural relativism” (descriptive) and “moral relativism” (normative) a stable one? Before arguing: state each claim — what does cultural relativism assert, and what further claim does moral relativism add — and say which of the two Benedict’s anthropology actually established.
  2. If moral norms are culturally relative, then no culture can be criticised by another. State the reformer’s dilemma as the lesson gives it: on Benedict’s account of morality, what was Wilberforce between 1787 and 1807?
  3. Kohlberg’s stages imply that some moral reasoning is better than others. Does this require that some moral conclusions are objectively truer than others?
  4. Is the Universal Declaration of Human Rights a universal moral truth — or Western moral imperialism? Is there a difference?

Carry forward. Keep this verdict retrievable: the UDHR drafting table re-tries it two lessons from now, and the History unit re-tries it again on the Mohrenkopf shelf — whose linguistic community’s connotations decide — and you will re-sign or revise it there.

Is Moral Relativism Coherent?

Position A (the reformer refutes relativism): Relativism — the view that moral claims are valid only within a cultural framework — cannot accommodate the reformer. The reformer appeals to standards the culture does not yet recognise; on the relativist’s account, this is appealing to nothing. Yet reformers have routinely been right in retrospect, and conceding this (“by our later standards Dukureh was right”) quietly imports the cross-cultural standpoint the position denied.

Position B (the reformer is the relativist’s evidence): The reformer’s dilemma misunderstands how cultures work. Cultures contain dissenting voices and competing traditions; Dukureh argued from within Gambian and Muslim identity, not from outside it. Relativism properly understood says the standards for criticism are internal to lived traditions, and that “external moral progress” is in every concrete case internal contestation a hostile observer has misread.

Siding with the reformer-as-refutation commits you to naming the standard by which Wilberforce and Dukureh were right before their cultures agreed — and to defending that standard against the charge that it is your own culture’s habits in universal dress. Siding with internal contestation commits you to saying what “from within” means when a tradition’s gatekeepers insist the reformer has left it — and whether any criticism beyond a tradition’s own terms is thereby ruled out.

Commit before we compare. Before the class discussion, write your verdict in two or three sentences — name the side you take and the price you accept for taking it. Then test your own answer:

  • Did you describe Dukureh’s campaign against FGM in terms that leave the question open — rather than wording it so your conclusion is already smuggled in as a premise? A verdict that decides the case by how it phrases the case has already cheated.
  • Position A: did you state the non-relative standard by which you judge cultures, and defend it against the charge that it is just your own culture’s values dressed as universals?
  • Position B: did you say what criticising a practice “from within” a tradition that endorses it actually means — and whether any criticism beyond the tradition’s own terms is thereby ruled out?

6 Can science tell us what is good?

James Damore’s Google Memo and the “Biological Differences” Argument

In July 2017 the software engineer James Damore, then 28, posted a 10-page document titled Google’s Ideological Echo Chamber to internal Google discussion forums.61 The memo argued that the gender imbalance in Google’s technical workforce — roughly 80% male in engineering — could be explained, in part, by population-average biological differences between men and women in interest and personality (Damore cited meta-analyses by Schmitt, Realo, Voracek, and Allik (2008) and the gender-similarities literature); that, as a consequence, Google’s diversity programmes aiming to equalise outcomes were misdirected; and that the company’s culture punished dissent on this question. The memo went viral on 5 August 2017 when Gizmodo published a leaked copy.62 CEO Sundar Pichai fired Damore on 7 August, citing portions of the memo that violated Google’s Code of Conduct by “advancing harmful gender stereotypes in the workplace.”63 Damore filed a complaint with the National Labor Relations Board (closed without action in early 2018) and a class action against Google for discrimination on the basis of conservative political views (settled in May 2020 on confidential terms).64 Two readings of the memo competed in public. Reading 1, Damore’s: empirical evidence about population-level group differences had been brought to bear on a workplace question, and the company had punished the citation of evidence rather than engage with it. Reading 2, his critics’: the move from “population-level statistical difference” to “individual-level career advice and corporate policy recommendation” smuggled normative content the empirical evidence had not earned, and the resulting harm to women in the workplace was real whatever the meta-analyses’ technical accuracy. The same logical pressure had shown up forty years earlier when Edward O. Wilson’s Sociobiology (1975) tried to ground ethics in evolutionary biology and a protester poured a jug of ice water over his head at the 1978 American Association for the Advancement of Science meeting.65

Science and morality are at war in contemporary philosophy. The temptation runs both ways: if science can tell us about human psychology, neuroscience, and evolutionary history, why can’t it tell us how we should act? — and conversely, if morality has any grip on us, why should it not be answerable to the best account of what we are? Hume’s objection (Treatise, III.I.I66) is a point about what an argument’s premises license. From purely descriptive premises — sentences of the form “X is the case” — you cannot validly derive a normative conclusion of the form “Y ought to be done,” because the conclusion contains a concept (“ought”) that is nowhere in the premises. No amount of empirical evidence supplies that concept on its own.

6.1 The Is-Ought Gap, Applied

Hume showed that you cannot derive an “ought” from an “is” — no set of purely descriptive premises entails a normative conclusion. Applied to ethics: no scientific facts, however comprehensive, automatically generate moral conclusions. You need an additional normative premise.

This doesn’t mean science is irrelevant to ethics. It means:

  • Science tells you the consequences of actions — what will happen if you do X.
  • Science tells you what people prefer, what causes suffering, what promotes welfare.
  • But “this action causes suffering” does not, by itself, entail “this action is wrong” — without the further premise that causing suffering is (other things equal) wrong.

6.2 G.E. Moore’s Naturalistic Fallacy

G.E. Moore (Principia Ethica, 1903) argued that any attempt to define “good” in terms of natural properties — pleasure, survival, what evolution favoured — commits the naturalistic fallacy. His Open Question Argument: for any natural property N, the question “Is N good?” remains genuinely open. If good just meant N, the question would be trivially closed.67 Moore’s argument is not a separate objection to Hume’s; it is the same logical pressure run through a different test — Hume’s about premises and conclusions, Moore’s about meaning and the open-question criterion.

This creates a puzzle: if good cannot be defined in natural terms, what is goodness? Moore thought it was a simple, non-natural property, directly apprehended through moral intuition. This view — moral non-naturalism — has its own difficulties.

6.3 E.O. Wilson’s Sociobiology

Edward O. Wilson (Sociobiology: The New Synthesis, 1975; On Human Nature, 1978) argued that human moral intuitions — altruism, kin preference, reciprocity — can be explained by evolutionary biology. We care for our children because kin selection promotes gene replication. We have a sense of fairness because it stabilises cooperative groups.

Wilson went further: ethics should be “biologised.” Our moral intuitions are adaptations, shaped by natural selection. Understanding this should inform our ethical thinking.68 (Moore’s argument from 1903 predates Wilson by seventy years; Wilson’s project is one instance of what Moore’s general pressure attacks.)

The philosophical problem: even granting that our moral intuitions are products of evolution, this on its own does not show they are correct. Sharon Street and Richard Joyce’s evolutionary debunking argument69 is a dilemma for the moral realist: if our moral intuitions came from selection, and selection tracks reproductive success rather than moral truth, the realist owes an account of why those intuitions are reliable evidence about moral facts. Either show that selection pressures did track moral truth (a tall order, since reproductive success and moral truth are not obviously related), or accept a non-realist account on which there are no moral facts for selection to have tracked.

6.4 Sam Harris: The Moral Landscape

Sam Harris (The Moral Landscape, 2010) argues that Hume’s guillotine can be cut through: if we define morality as concerning the wellbeing of conscious creatures, then science can study morality — because wellbeing is an empirical phenomenon.

“There are right and wrong answers to moral questions, just as there are right and wrong answers to questions of physics, and such answers may one day fall within reach of the maturing sciences of mind.” — Sam Harris, The Moral Landscape (2010), Chapter 170

Harris’s move: accept one normative premise (wellbeing matters) as a foundational axiom, and then do science about how to maximise it. The foundational axiom is not itself derived from science, but everything else can be.

The objection: the foundational premise — “wellbeing is what morality is about” — is contested. A Kantian would say morality is about duty, not wellbeing. A virtue ethicist would say it’s about character. Harris’s foundational commitment is itself a moral stance in need of justification.

flowchart LR
  Q["Can science tell us<br/>what is good?"]
  Q --> CAN["<b>What science supplies</b><br/>the consequences of actions,<br/>what causes suffering,<br/>what people in fact prefer,<br/>and why our intuitions<br/>took the shape they did"]
  Q --> CANNOT["<b>What it cannot supply</b><br/>the premise that suffering<br/>matters. No pile of facts<br/>entails an <i>ought</i><br/>without one"]
  CANNOT --> MO["<b>Moore's open question</b><br/>define good as <i>N</i>, and<br/>'but is <i>N</i> good?' stays open<br/>— so good is not <i>N</i>"]
  CANNOT --> HA["<b>Harris's move</b><br/>stipulate that morality is<br/>about wellbeing, then let<br/>science maximise it"]
  HA --> OB["The axiom is not itself<br/>science — and a Kantian or<br/>a virtue ethicist denies it"]
  CAN --> WI["<b>Wilson, Haidt</b><br/>explain where our moral<br/>intuitions came from —<br/>which is not yet a reason<br/>to trust them"]
Science reaches the whole left column and none of the right — and Harris’s route across is not a derivation but a stipulation, which is why the objection to him is about the axiom rather than the science.

6.5 What Neuroscience Can and Cannot Tell Us

Neuroscience of morality (Jonathan Haidt and others) has shown:

  • Moral judgements involve both emotional and rational brain circuits.
  • Moral intuitions are often post-hoc rationalisations of gut reactions (Haidt’s “moral dumbfounding” experiments, first reported in “The Emotional Dog and Its Rational Tail,” Psychological Review 108.4, 2001).

Jonathan Haidt (The Righteous Mind, 2012): moral reasoning is largely motivated reasoning — we reach conclusions emotionally and then construct arguments to justify them. This is “the rider and the elephant”: reason (rider) sits atop moral emotion (elephant) and mostly goes where the elephant goes.71

The epistemological implication: if much moral reasoning is post-hoc rationalisation, what work can moral arguments still do? Rawls’s reflective-equilibrium method takes intuitions seriously as data; Haidt’s findings put pressure on how much weight that method can bear.

6.6 Questions

Questions 1 and 4 are retrieval checks — answer them from memory before you argue the rest.

  1. Harris says accepting “wellbeing matters” as a foundational axiom allows science to study morality. State his move in The Moral Landscape exactly — what is the axiom, and is it itself derived from science? — and then say what he has thereby conceded to Hume.
  2. Evolutionary psychology explains our moral intuitions as adaptations for fitness. Does this make our moral beliefs less trustworthy — since they were selected for reproductive success, not truth?
  3. Haidt argues that moral reasoning is mostly post-hoc rationalisation. If that’s right, should we trust philosophical argument in ethics? Or does this point undermine the whole enterprise?
  4. Is there a version of naturalism in ethics that avoids the naturalistic fallacy? Before answering: state Moore’s Open Question Argument — for any natural property N, which question remains open, and what would follow about that question if “good” simply meant N?

Draft Your Own Ruling on the Damore Memo

The case is in the info-box above. Damore cited population-level meta-analyses on sex differences in interest and personality (Schmitt et al. 2008; Hyde 2005) and used them to argue against Google’s diversity programmes and in favour of policy alternatives. He was fired. He sued. The earlier E. O. Wilson controversy of 1975–78 (treated above in the body) is the historical version of the same dispute.

This time no positions are supplied. The lesson has put the instruments on the table — Hume’s gap, Moore’s open question, Wilson’s biologised ethics, Harris’s single foundational axiom, Haidt’s elephant, and the two public readings of the memo itself — and the ruling is yours to draft. Say what the meta-analyses can legitimately contribute to Google’s staffing policy and where the evaluative premises take over, in the memo’s terms rather than the seminar’s: which capacity, measured how, weighed against what.

Then do the thing that makes it a position rather than a mood: name the account on the table that sits nearest your own — Harris’s narrow gap, the strict Humean wide gap, the Wilson critics’ values-all-the-way-down reading — and state precisely where yours differs and why the difference survives pressure. What your ruling concedes to that neighbour is the fee for holding it.

Write the draft before the discussion — four or five sentences: the ruling, the named neighbour, the point of difference. Then mark your own draft:

  • Is the ruling stated on the memo — which capacity, measured how, weighed against what — rather than as the is-ought gap recited in the abstract? A ruling that could be issued without the case in front of it is not yet about the case.
  • Did you name your nearest neighbour and the exact point where your account stops being theirs? A draft with no named neighbour has not yet risked anything.
  • Does the ruling avoid both stock failures — the gap wielded as a conversation-stopper that freezes every policy debate the moment evidence appears, and the foundational axiom (“hiring should track capacity,” “wellbeing matters”) waved through as if it were neutral?

7 What are human rights — and where do they come from?

Eleanor Roosevelt and the Drafting of the UDHR

In January 1947, Eleanor Roosevelt chaired the first meeting of the United Nations Commission on Human Rights, tasked with drafting what would become the Universal Declaration of Human Rights.72 The philosophical challenge was immediate: the eighteen-member commission included representatives from the United States, the Soviet Union, China, Lebanon, Chile, and Australia, and they brought incompatible metaphysical foundations. The Lebanese representative Charles Malik argued that rights had to be grounded in natural law and the inherent dignity of the human person. The Chinese representative Peng-chun Chang insisted that Confucian concepts of benevolence and social harmony were equally capable of grounding human rights without any appeal to natural law. The Soviet representatives objected to framing rights as protections against the state rather than entitlements provided by the state. Roosevelt herself was pragmatic: she argued that the commission should seek agreement on the practical content of rights without requiring agreement on their philosophical foundation. The Declaration was adopted in December 1948 with forty-eight votes in favour and eight abstentions.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights.”73 The American Declaration of Independence declares its moral foundation to be self-evident — the one kind of claim that requires no argument. Jefferson was a philosopher, and he knew perfectly well that this was a rhetorical move, not a proof. The Universal Declaration of Human Rights (1948) asserts that every human being, by virtue of being human, has certain inalienable rights. Inalienable according to what, exactly? Where do they come from?

7.1 Natural Rights: Locke

John Locke (Two Treatises of Government, 1689) argued that humans have natural rights to life, liberty, and property — rights that exist in the state of nature, prior to any political arrangement. These rights are grounded in the nature of human beings as rational, created by God, with inherent dignity.

“The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” — John Locke, Second Treatise of Government, Chapter II, §674

Locke’s rights are pre-political. Governments are legitimate only insofar as they protect these natural rights; on Locke’s account, systematic violation of natural rights gives subjects grounds to resist.

The problem: the claim that rights are grounded in God and nature requires the existence of God and a particular account of nature. For those who do not share these metaphysical assumptions, the grounding fails. Jeremy Bentham called natural rights “nonsense upon stilts.”75

7.2 Social Contract: Rousseau and Rawls

Jean-Jacques Rousseau (The Social Contract, 1762): rights are the product of a social contract — an agreement among persons to form a political community under shared rules. Rights are what rational persons would agree to in constructing a political framework.

John Rawls (A Theory of Justice, 1971) gives the most sophisticated modern version. The original position: imagine you must choose the basic principles of a just society from behind a veil of ignorance — without knowing your gender, race, class, talents, or conception of the good. What principles would rational persons choose?76

Rawls’s answer: they would choose principles that maximise the position of the worst-off (the difference principle) and guarantee basic liberties for all.77

The strength: Rawls generates rights without needing God or a fixed “nature.” The grounding is in rational agreement.

The problem: the original position is a thought experiment. Real social contracts were made by some people at particular times, typically excluding others. And rational choice behind the veil of ignorance requires idealising people in ways that may not reflect actual moral psychology.

7.3 Rights as Constructed: Rorty

Richard Rorty (“Human Rights, Rationality, and Sentimentality,” 1993) takes a deflationary view: human rights are not grounded in nature, God, or rational construction. They are historical achievements — cultural practices that extend the circle of moral concern progressively. The question whether human beings really have the rights the declarations enumerate is, Rorty argues, not worth raising; the productive question is how to make more people care about more human beings. The past two centuries, he writes, “are most easily understood not as a period of deepening understanding of the nature of rationality or of morality, but rather as one in which there occurred an astonishingly rapid progress of sentiments, in which it has become much easier for us to be moved to action by sad and sentimental stories.”78

Rorty’s answer: through literature, narrative, and emotional identification. When people read novels, watch films, and hear stories about the suffering of distant others, they extend empathy. Rights practices spread through sentiment, not philosophical argument. Rorty’s project is edifying rather than foundational: in Contingency, Irony, and Solidarity (1989) he had already proposed that the most useful figure for enlarging solidarity is not the philosopher with arguments but the writer who can make a previously distant suffering recognisable, and in the Amnesty lecture his emblem for the work rights-talk actually does is the sentimental story in the tradition of Harriet Beecher Stowe — the historical extension of rights, he argues, tracks exactly this kind of work.

The objection: if rights are just constructed cultural practices with no deeper grounding, what do we say to someone who rejects the practices?

flowchart LR
  R["Where do human<br/>rights come from?"]
  R --> L["<b>Natural rights</b><br/>they exist prior to any<br/>government, in the state<br/>of nature — Locke"]
  R --> S["<b>Social contract</b><br/>they are what rational<br/>people would agree to —<br/>Rousseau; Rawls behind<br/>the veil of ignorance"]
  R --> C["<b>Constructed</b><br/>a historical achievement,<br/>spread by sentiment and<br/>story rather than proof<br/>— Rorty"]
  L --> L2["Needs God and a fixed<br/>human nature to do<br/>the grounding"]
  S --> S2["The original position is a<br/>thought experiment; real<br/>contracts excluded people"]
  C --> C2["What is there to say to<br/>someone who rejects<br/>the practice?"]
Three groundings for the same list of rights, each solving the previous one’s problem and inheriting a new one. Notice what the sequence gives up: metaphysical backing first, then any claim to have been discovered at all.

7.4 Questions

Questions 1 and 2 are retrieval checks — answer them from memory before you argue the rest.

  1. If God does not exist, does Locke’s natural rights theory collapse? First, from memory: what does Locke ground natural rights in, why does the grounding fail for those outside the metaphysics — and what three words did Bentham have for natural rights?
  2. Rawls’ veil of ignorance is supposed to eliminate bias from the choice of principles. From memory: name what the veil hides, and the two principles Rawls argues rational persons would choose behind it.
  3. Rorty says rights practices spread through stories and sentiment, not philosophical argument. Is he right that narrative is more effective than argument in expanding the circle of moral concern? And if he’s right, does that tell us anything about the grounding of rights?
  4. Article 19 of the UDHR (“Everyone has the right to freedom of opinion and expression”) is regularly in tension with Article 12 (“No one shall be subjected to arbitrary interference with his privacy”).79 When the two conflict — publication of private information, defamatory speech, incitement to hatred — how should we decide which takes priority? Is the answer principled or political?
  5. The same question recurs in three working forms. Does freedom of expression include the right to incite violence against minorities (free speech vs. hate speech)? Do basic needs override property rights (food, shelter, healthcare)? Can states compel vaccination to protect public health (individual rights vs. collective welfare)? Each is a test of any account of rights, and rights frameworks do not resolve them automatically.

Was the UDHR a Discovery or a Construction? — Carry Your Relativism Verdict to the Drafting Table

This question asks for transfer, not new machinery. Two lessons ago you signed a verdict on whether moral relativism is coherent — on what Dukureh’s campaign showed about standards inside and outside a tradition. Roosevelt’s committee is that same question seated at one table: Malik grounding rights in natural law, Chang in Confucian benevolence, Roosevelt securing agreement on the content of rights by refusing the question of their foundation.

In two or three sentences, re-apply the commitment you made at the FGC question to the 1947 table: from where you already stand, does the Declaration read as rights discovered (Position A — real pre-political entitlements that no government’s recognition creates and no government’s refusal destroys) or as rights constructed (Position B — agreements with no force beyond the practices and institutions that maintain them)? Name what your transfer forfeits: the discovery reading still owes the foundation that practical politics kept bracketing; the construction reading still owes an answer to the committed dissenter — the slaveholder, the torturer’s regime — who is not confused about the rules but rejects them, and to whom “you are outside our practice” is no answer.

Then test the transfer:

  • Did your relativism commitment survive the journey intact — or did the drafting table force a revision you should now name as a revision, not disguise as consistency?
  • If you sided with the reformer against relativism, can you say which of Malik’s and Chang’s incompatible foundations your non-relative standard vindicates — or does “agreement on content” quietly do the work your universalism claimed for itself?
  • If you sided with internal contestation, what do you say to the dissenter for whom “you are outside our practice” is a compliment?

8 How far does our moral circle extend?

The Silver Spring Monkeys and the Birth of the Animal Rights Movement

In May 1981, Alex Pacheco — co-founder of People for the Ethical Treatment of Animals (PETA) — began volunteering at the Institute for Behavioural Research in Silver Spring, Maryland, run by the behavioural neuroscientist Edward Taub. Taub was investigating neuroplasticity by severing the dorsal-root afferent nerves supplying sensation from one or both arms of seventeen macaque monkeys (a procedure called deafferentation) and then restraining the unaffected limb so the animal was forced to use the limb it could not feel. The scientific question — whether the adult brain could remap its motor cortex to compensate — was a real one, and Taub’s later work on the same principle (constraint-induced movement therapy) became standard rehabilitation for human stroke patients.80 Pacheco photographed the laboratory — animals in cramped wire cages, faecal accumulations, untreated self-inflicted wounds where the monkeys had bitten through their insensate flesh — and took the photographs to Montgomery County police, who in September 1981 conducted the first police seizure of laboratory animals in United States history. Taub was charged with seventeen counts of cruelty under Maryland law and initially convicted on six (later reduced to one); the conviction was finally overturned on appeal in 1983 on the technical ground that Maryland’s animal-cruelty statute did not reach federally funded laboratories. The case nevertheless became a founding moment for the modern animal-rights movement and directly amplified Peter Singer, whose 1975 Animal Liberation had argued for extending moral consideration beyond the human species. Pacheco’s photographs reached newspapers across the United States within weeks of the police seizure.

The history of moral progress can be told as the expansion of the moral circle — the set of beings whose interests count morally. It has expanded from the tribe, to the nation, to all humans, and there is ongoing argument about whether it should extend further: to animals, to future generations, to ecosystems, possibly to artificial minds.

8.1 Peter Singer on Animal Liberation

Singer’s argument on animals is the paradigm case for the expansion arguments that follow. A boundary is defended by an apparently obvious property — here, species membership. The argument shows that the property matters, if at all, only as a proxy for the morally relevant one — the capacity to suffer — and that the proxy licenses the wrong verdicts. The other three expansions (future people, ecosystems, AI) work the same shape with different proxies.

Peter Singer (Animal Liberation, 1975; Practical Ethics, 1979) made the philosophical case for extending the moral circle to animals.81 His starting point is the utilitarian principle: suffering counts morally, regardless of whose it is. The capacity to suffer is the relevant criterion for moral consideration, not intelligence, rationality, or species membership.

Jeremy Bentham had already put it:

“The question is not, Can they reason? nor, Can they talk? but, Can they suffer?” — Jeremy Bentham, Introduction to the Principles of Morals and Legislation (1789), Footnote to Chapter XVII82

Singer extends this: factory-farmed animals suffer; their suffering counts morally; and on his view we give it less weight than equivalent human suffering for reasons he argues amount to species prejudice — what Richard Ryder named speciesism, by analogy to racism.83 Singer’s claim is not that any preference for one’s own species is unwarranted; he targets the standard reasons offered for the preference — rationality, language, social complexity — and argues they do not track the morally relevant property, capacity to suffer.

The argument does not require that animals have the same moral status as humans. It requires only that equal suffering deserves equal moral weight, and that current practice gives animal suffering far less weight than equivalent human suffering for reasons Singer argues will not stand up. Critics (Cohen, Scruton, Cora Diamond) reply that the analogy with racism mischaracterises species membership, that a being’s place in a “form of life” is itself morally relevant, and that the calculus Singer requires for cross-species comparison is more contested than he allows.84

8.2 The Moral Status of Future Generations

Do people who don’t yet exist have moral claims on us? This question bears directly on climate change, nuclear waste disposal, and long-term environmental policy.

The standard consequentialist answer: future people will be able to suffer and flourish; their interests count; therefore present actions that harm them are wrong. On this view, failing to address climate change is a massive moral failure — since the harms fall on people who have no say in present decisions.

The non-identity problem (Derek Parfit, Reasons and Persons, 1984): here is a puzzle.85 The specific people who will exist in 2150 depend on every decision made between now and then (different choices lead to different people meeting and having different children). If we had pursued a different energy policy, the specific individuals alive in 2150 would not have existed. Those individuals cannot be harmed by our policy, because without that policy, they would not exist to be harmed. Different (perhaps better-off) people would exist instead.

Parfit calls this the non-identity problem: when the number or identity of future persons depends on our decisions, standard harm-based moral reasoning has strange implications.

8.3 Environmental Ethics

Do non-human organisms, species, or ecosystems have intrinsic moral value — independently of their usefulness to humans or other sentient creatures?

  • Anthropocentrism: only humans have intrinsic value. Nature has instrumental value — insofar as it serves human interests.
  • Sentientism (Singer): all sentient creatures have intrinsic value.
  • Biocentrism (Paul Taylor, Respect for Nature, 1986): all living things have a “good of their own” that deserves moral consideration. A tree has interests (in flourishing) even without consciousness.86
  • Ecocentrism (Aldo Leopold, A Sand County Almanac, 1949): the “land ethic” — ecosystems and species have value that transcends the value of individual organisms. “A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community.”87

These positions generate different prescriptions. An anthropocentrist and an ecocentrist may agree that the Amazon rainforest should be preserved, but for different reasons; in cases where human interests clash with ecosystem integrity, the reasons start to matter.

flowchart TB
  subgraph ECO["Ecocentrism — species, ecosystems, the land itself (Leopold)"]
    subgraph BIO["Biocentrism — every living thing has a good of its own (Taylor)"]
      subgraph SEN["Sentientism — whatever can suffer (Bentham, Singer)"]
        subgraph ANT["Anthropocentrism — all humans, including those not yet born"]
          subgraph NAT["Nation"]
            SELF["Self · family · tribe"]
          end
        end
      end
    end
  end
Each ring is a boundary someone once defended as obvious. The positions named on the outer rings are answers to a single question — what property earns a being moral consideration — and each answer draws the line at a different place: rationality, sentience, being alive, or belonging to a system.

8.4 The Moral Status of Artificial Minds

If a sufficiently sophisticated AI system can suffer — or can have something functionally equivalent to preferences, desires, and aversions — does it have moral status?

The question is not purely futuristic; it forces us to clarify what grounds moral consideration:

  • Sentience (capacity to suffer): on Singer’s view, a suffering AI has moral status.
  • Rationality: on Kant’s view, only rational agents who can give and respond to reasons have moral status — and whether an AI can genuinely do this is contested.
  • Relational accounts (Mary Anne Warren’s six criteria of personhood; Annette Baier on relational moral status): moral status is partly constituted by relationships and social recognition — not purely intrinsic properties.

Nick Bostrom and David Chalmers are among the philosophers who have argued the question is now a serious one rather than a futuristic speculation.88

8.5 Questions

Questions 2 and 3 are retrieval checks — answer them from memory before you argue the rest.

  1. Singer’s argument against speciesism rests on the analogy with racism and sexism: we can’t privilege our own species without an argument any more than we can privilege our own race. Is this analogy good? Are there morally relevant differences between species membership and race?
  2. Bentham’s criterion — “Can they suffer?” — draws the circle’s edge. From memory: of the lesson’s four candidate expansions — animals, future generations, ecosystems, artificial minds — which does the criterion admit, which does it exclude, and why?
  3. Parfit’s non-identity problem seems to imply that we can’t harm future generations. State the problem’s mechanism: why, on Parfit’s argument, can the specific people of 2150 not be harmed by our present energy policy?
  4. Leopold’s “land ethic” says ecosystems have intrinsic value. But how do we weigh ecosystem integrity against the basic needs of human beings who depend on those ecosystems for survival?

Were Taub’s Silver Spring Experiments a Moral Atrocity? — Bring Your Drowning-Child Verdict to the Laboratory Door

Another transfer question. At the drowning-child question you signed one of two things: either Singer’s premises bind — suffering counts, and proximity in itself does not — or particular relationships carry moral weight his argument cannot dissolve. Pacheco’s photographs put that same signature to a harder test: seventeen macaques, deafferented and biting through their own insensate limbs, against a therapy that later restored movement to human stroke patients.

In three sentences at most, apply your drowning-child commitment to Taub’s laboratory. If you accepted that distance does not diminish the child’s claim, say whether species does — and if it does, what marks that line as more than the partiality you refused (Position A, with Singer: the deafferentation was a wrong the therapeutic payoff does not licence). If you defended special obligations against Singer, say whether they stretch to cover species membership — and whether the wrong at Silver Spring then reduces to disproportionate suffering and available non-invasive routes (Position B, against the analogy with racism). Name what the answer commits you to at the table: on Singer’s side, diet, consumer choices, political commitments actually revised; on the boundary’s side, an account of why the severely brain-damaged human who lacks the line’s favoured capacities keeps full standing while the healthy chimpanzee does not.

Then test the transfer:

  • Did the drowning-child commitment survive the species crossing — or did you quietly re-draw at the laboratory door the very line you erased (or defended) at the pond? A revision is allowed; an unnoticed one is not.
  • Did you name what actually does the boundary work — the morally relevant capacity, or its absence — rather than leaning on “species” or “suffering” as if the word settled it?

9 What is blame — and does anyone deserve it?

Bootle, Turned Around

Return to 12 February 1993 and the New Strand Shopping Centre in Bootle. Nothing in the record changes: two ten-year-olds, Robert Thompson and Jon Venables, walked two-year-old James Bulger two and a half miles across Liverpool and killed him, and were convicted of abduction and murder. Nor does anything that surrounded them — Thompson’s household of severe domestic violence and alcohol dependency, the persistent truancy of both boys, the near-total absence of adult supervision. In 1993 those circumstances were argued as mitigation: reasons a sentence might be softened, urged by people who took for granted that there was a sentence to soften and someone to serve it.

Every previous lesson asked what a person should do. This one asks the question underneath: whether there is anyone there to be asked. Eight lessons have handed out credit and blame — to Harris in the flooded sump, to Grüninger at the border, to Taub in the laboratory — without pausing over the assumption that these were beings a verdict could be about. The Damore lesson let the sciences of behaviour in to testify about what we are like; they did not agree to stop at the courtroom door.

9.1 Sapolsky’s Homunculus

Robert Sapolsky’s Behave (2017) demonstrates at book length that no human action has a single cause. Ask why a hand moved, and the honest answer runs backwards through the neurons that fired a second before, the hormones of that morning, the adolescence that wired the frontal cortex, the childhood, the genes, the culture that shaped the parents. The frontal cortex — the structure that inhibits the impulse the rest of the brain has already produced — is the last region to mature, “not fully online until people are in their midtwenties.”89 A ten-year-old is not a small adult with a small adult’s brakes.

The picture Sapolsky attacks is not belief in a soul. It is the commoner belief that biology explains most of us, with something left over that does the choosing:

“And then, separate from that, in a concrete bunker tucked away in the brain, sits a little man (or woman, or agendered individual), a homunculus at a control panel. The homunculus is made of a mixture of nanochips, old vacuum tubes, crinkly ancient parchment, stalactites of your mother’s admonishing voice, streaks of brimstone, rivets made out of gumption. In other words, not squishy biological brain yuck.” — Robert Sapolsky, Behave, Chapter 1690

The trap is set for the reasonable reader who thinks the caricature is not hers — whose own free will is softer, lurking around the edges. The reply is that the size of the remainder is irrelevant: “Even if 99.99 percent of your actions are biologically determined… and it is only once a decade that you claim to have chosen out of ‘free will’ to floss your teeth from left to right instead of the reverse, you’ve tacitly invoked a homunculus operating outside the rules of science.” Either something in you stands outside the causal order or nothing does. There is no partial exemption.

9.2 The Epilepsy Precedent

The argument is not only destructive, which is why it is hard to dismiss as fashionable fatalism. Sapolsky points to a revision the West has already made. Epilepsy was once diagnosed as intimacy with the devil — the Malleus Maleficarum of 1487 supplied the theory — and a seizure was something a person did. It is now something a person has.

“Once people with epilepsy were virtuously punished for their intimacy with Lucifer. Now we mandate that if their seizures aren’t under control, they can’t drive. And the key point is that no one views such a driving ban as virtuous, pleasurable punishment…” — Robert Sapolsky, Behave, Chapter 1691

The structure matters more than the example: constraint survives, desert does not. We still stop the person driving, for a reason anyone can inspect — the risk to others — not because it has been earned. Sapolsky’s claim is that “it’s not her, it’s her disease” is a template rather than an exception, and that each further thing neuroscience explains moves another behaviour across the same line. Applied to a court this yields hard incompatibilism: determinism holds, the free will that would justify desert does not exist, and retributive blame is a category error not yet retired. Derk Pereboom argues it at length; Galen Strawson’s Basic Argument takes the shorter route — to be responsible for what you do you must be responsible for the way you are, which requires having made yourself.92

9.3 Nagel and the Extensionless Point

Thomas Nagel reaches neighbouring ground with no neuroscience at all. “Moral Luck” (1979) identifies four ways in which the things we assess are hostage to fortune, the first being constitutive luck — the kind of person you are: your inclinations, capacities, temperament, none of which you chose. Strip away what luck gave you, and Nagel’s warning is that nothing is left standing:

“The area of genuine agency, and therefore of legitimate moral judgment, seems to shrink under this scrutiny to an extensionless point.” — Thomas Nagel, “Moral Luck”93

Nagel calls this a paradox rather than a proof, since we cannot in practice stop making the judgements it dissolves. But the pressure lands hard on Bootle: whatever Thompson and Venables were that morning, they had not chosen it — not the household, not the truancy, not the ten-year-old frontal cortex, not the temperament that met all three.

9.4 Hume’s Reconciling Project

The oldest reply is that the dispute is a confusion about a word. In the Enquiry Concerning Human Understanding (1748) Hume announces “a reconciling project” and defines liberty so that determinism cannot touch it:

“By liberty, then, we can only mean a power of acting or not acting, according to the determinations of the will; that is, if we chuse to remain at rest, we may; if we chuse to move, we also may. Now this hypothetical liberty is universally allowed to belong to every one, who is not a prisoner and in chains.” — David Hume, Enquiry, Section VIII, ¶2394

This is compatibilism. Freedom is not exemption from causation but the absence of a particular interference: your will was caused, of course, and it was still yours, and it moved your limbs with no chain or gun in the way. Ask whether the two boys could have done otherwise given the entire prior state of the universe and the compatibilist answers that nobody ever could, and that this is the wrong test. Ask instead whether they were responsive to reasons — whether an adult’s arrival, a fear of being caught, an appeal to what they knew about hurting people would have changed the outcome — and the question becomes answerable, and evidence bears on it.

Harry Frankfurt supplied the modern reinforcement. Against the assumption that responsibility requires alternative possibilities, he builds cases in which the agent could not have done otherwise — a device stands ready to intervene had she wavered — yet acts on her own reasons and is plainly responsible. What matters is not the availability of another route but whether the will that moved her was one she wanted to be moved by.95

9.5 Strawson’s Reactive Attitudes — and James’s Charge of Evasion

P. F. Strawson’s “Freedom and Resentment” (1962) makes the case from a different direction: not by defining freedom but by asking what blame is. Blame is not a conclusion drawn from a premise about causation. It belongs to the reactive attitudes — resentment, gratitude, indignation, hurt feelings — which we hold towards others because we treat them as participants in a relationship rather than as objects to be managed. We suspend them locally, adopting the objective attitude we take towards the very young, the seriously ill, the person in the grip of psychosis; Strawson’s point is that this is an exemption we grant, not a truth we discover, and that abandoning the attitudes wholesale would be to stop having human relationships at all.96

The manoeuvre has an old enemy. William James, lecturing in 1884, watched the determinists of his day borrow the word “freedom” and rename their necessity with it:

“Now, all this is a quagmire of evasion under which the real issue of fact has been entirely smothered.” — William James, “The Dilemma of Determinism”97

Soft determinism is James’s own coinage for the position, and his charge is that it changes the subject instead of solving the problem. What it cannot accommodate, he argues from a murder trial he had read about that week, is the judgment of regret: the conviction that something else ought to have happened in this act’s place. If nothing else could have, either the regret is confused or the universe is one in which what ought to be is impossible. The compatibilist owes an answer to that — and to the suspicion that redefining liberty as “not being in chains” buys reconciliation by declining the question.

9.6 Sartre: The Ledger as Alibi

A third seat refuses both the dissolution and the redefinition. For Sartre the human being has no nature preceding its choices; there is nothing for a causal ledger to be a ledger of, and the appeal to one is not science but flight.

“Any man who takes refuge behind the excuse of his passions, or by inventing some deterministic doctrine, is a self-deceiver.” — Jean-Paul Sartre, Existentialism and Humanism98

The claim is not that upbringing and temperament are unreal, but that they are not actions, and only actions make a person: “the coward makes himself cowardly, the hero makes himself heroic.” Sapolsky’s ledger, on this reading, is bad faith in scholarly dress — an elaborate demonstration that no one authors anything, produced by an author.

Notice the cost. The position needs an account of what, in a physical brain, does the self-making, and does not supply one; and it must apply its doctrine to two unsupervised ten-year-olds without softening. The comfortable Sartre — freedom as a slogan about taking charge of your life — is not the one on the table. The one on the table says Thompson and Venables made themselves, at ten, and that every fact in the box above is an alibi.

flowchart LR
  Q["Every action has a<br/>causal history running<br/>back before the agent.<br/>Is anyone to blame?"]
  Q --> HD["<b>Hard determinism</b><br/>no. Constraint may survive,<br/>but desert does not —<br/>as with epilepsy<br/>— Sapolsky, and Nagel's<br/>extensionless point"]
  Q --> CO["<b>Compatibilism</b><br/>yes. Freedom was never<br/>exemption from causation,<br/>only absence of constraint<br/>— Hume, Frankfurt"]
  Q --> ST["<b>Reactive attitudes</b><br/>the question is idle. Blame<br/>is a stance we take up in<br/>relationships, not a<br/>conclusion we infer<br/>— Strawson"]
  Q --> SA["<b>Radical freedom</b><br/>yes, and the ledger is an<br/>alibi. Only actions make a<br/>person — the coward makes<br/>himself cowardly<br/>— Sartre"]
  CO --> JA["James: 'a quagmire of<br/>evasion' — renaming<br/>necessity is not<br/>answering the question"]
  ST --> JA
Four seats, and they disagree about different things. Compatibilism redefines the freedom in question; Strawson relocates blame from a verdict to a relationship; Sartre denies there is a ledger to consult. James’s charge — that redefinition changes the subject rather than settling it — is aimed at the first two.

Set this beside Haidt’s rider and elephant from earlier in the unit. If moral reasoning runs largely downstream of intuition, it is not obvious anyone is deciding anything — nor obvious that the rider’s arguments are less ours for being downstream. Which seat the finding supports is itself part of what is at issue.

9.7 Questions

Questions 2 and 4 are retrieval checks — answer them from memory before you argue the rest.

  1. Sapolsky says a partial exemption is incoherent: either something in you stands outside the causal order or nothing does. Is “mostly determined, with a little free will at the edges” a stable position?
  2. Hume defines liberty so that determinism cannot touch it; James calls that a quagmire of evasion. State both from memory: what is Hume’s “hypothetical liberty,” and what exactly does James charge the soft determinist with doing?
  3. If blame is a reactive attitude constitutive of human relationships rather than a conclusion from a premise, could any scientific discovery ever be a reason to stop blaming people?
  4. The argument against desert dissolves credit along with blame. Grüninger falsified thousands of entry stamps and lost his career for it. State hard incompatibilism’s claim precisely — what survives, and what goes — and say what it must therefore conclude about the word “admirable” applied to Grüninger.

Carry-forward: your Core verdict, from memory

Before reading on, reconstruct in writing — from memory — the commitment you signed at the Core unit’s “Karikó and the Slaveholder — Re-run Your Whale Verdict over Thirty Years”: the side you took and the price you accepted. The engine on trial there was certainty itself — the same felt conviction underwrote Karikó’s vindicated persistence and the 1750 slaveholder’s untroubled conscience, and nothing inside the feeling told either of them which one they had. Now re-judge that commitment in the dock: if nothing inside conviction marks vindication from complacency, what does “he chose it” rest on? Re-sign or revise in two or three sentences — and name a revision as a revision.

Was There Anyone in That Dock?

Three answers are on the table, and they are not three degrees of sympathy for two children. They disagree about what kind of question a court was asking in 1993.

Nobody was (the question is malformed): the 1993 courtroom did to Thompson and Venables what the fifteenth century did to epileptics — attached desert to an outcome a complete causal account leaves no room for. Sapolsky’s homunculus, Pereboom’s hard incompatibilism, Galen Strawson’s regress, Nagel’s extensionless point: none says the killing was acceptable, and none says nothing should have been done. They say deserved punishment is the surviving fragment of a picture we abandoned once already, for seizures. Constraint stays; desert goes.

Somebody was, and no metaphysics was needed to find him (the question is real and answerable): Hume settles the general case before the courtroom opens — liberty is acting on the determinations of one’s own will, unimpeded, which causation does not threaten. Frankfurt removes the last requirement, that the agent could have done otherwise. Strawson says what the court was actually doing: not deducing blame from a premise but exercising the reactive attitudes without which there are no persons to try, only cases to manage. The question about these two boys — were they responsive to reasons? — is then factual, hard, and answerable.

Somebody was, and the ledger in the box above is his alibi (the question is a temptation): Sartre’s seat, taken without the comfortable reading. A temperament is not an action; a household is not an action; the coward makes himself cowardly. Every circumstance recited above is exactly the refuge that “Freedom and Resentment” politely permits and Sartre calls self-deception. This is the exposed option, not the brave-sounding one: it must say what, in a brain, does the self-making — and say it about two ten-year-olds on a railway line without flinching, and then about you.

Say it in the courtroom, not in the seminar. Before anyone speaks, write what you would be prepared to say aloud where a verdict on two ten-year-olds actually had to be delivered — four sentences at most: the seat you take, and what it bills you when the next defendant is forty and had a year to plan. Then audit what you wrote:

  • Does the verdict still hold if you delete the ages? If it works only because they were ten, you have written a plea in mitigation, not a position on blame.
  • Nobody was: did you say what the state may still do to these two — and run the same solvent through praise, so that Grüninger’s falsified stamps lose their credit along with the boys’ guilt?
  • No metaphysics needed: did you put the bar somewhere inspectable — reasons-responsiveness, an unimpeded will — and place these two above or below it? And did you answer James, who says you renamed the problem rather than solved it?
  • The ledger is his alibi: did you name what does the self-making without smuggling in the homunculus Sapolsky has already described — and say the doctrine about the boys in the words you would use to their faces?

9.8 The Bulger Verdict, Re-signed or Revised

At the Bulger question you put a verdict in writing: either virtue ethics, refusing to be a decision procedure, still had something true to say about Thompson and Venables — or “what would a virtuous person do?” was a placeholder for guidance the theory does not supply. You signed that before the unit’s second half, and the second half has been quietly pressing on it.

Take out what you wrote and test it against four pressures it did not face at the time:

  • Benedict’s offer. If morality is “a convenient term for socially approved habits,” then the community that habituates the virtues is just the local custom that happens to prevail — and the virtuous person is whoever that community happens to honour. Does your answer to the circularity charge survive her redescription, or did it depend on a standard you had not yet been asked to ground?
  • Haidt’s elephant. If moral reasoning is largely post-hoc rationalisation of gut reaction, phronesis risks being redescribed as a well-trained elephant with an articulate rider. What in your commitment distinguishes the practical wisdom you defended — or attacked — from habituated intuition plus after-the-fact justification?
  • The boundary question. The moral-circle lesson asked which capacities do moral boundary-work. Thompson and Venables were agents whose capacities were still unformed. Does the account of formation you committed to still say who owed them what — and does it draw the community’s responsibility wider or narrower than you first signed?
  • The dock question. Your Bulger verdict assumed there was a defendant; at the blame question you took a seat on whether there was — so does that seat leave the earlier commitment standing, or has it removed the person it was addressed to?

Re-sign or revise — in writing, a few sentences either way. A revision is not a defeat; an unexamined signature is. Name what the intervening lessons changed, or say why they changed nothing.


10 Media

Novels, films, and artworks that illuminate the questions above:

  • Fyodor Dostoevsky, The Brothers Karamazov (1880) — Ivan Karamazov’s “Rebellion” chapter poses one of the most powerful objections to utilitarian theodicy: can any ultimate harmony justify the suffering of even one innocent child? Indispensable for thinking about consequentialism and the limits of moral calculation.
  • Ursula K. Le Guin, “The Ones Who Walk Away from Omelas” (1973) — A short story. A utopia is built on the suffering of one child. Its citizens know this. Some accept it; some walk away. A masterclass in consequentialist dilemmas, written by a literary artist rather than a philosopher.
  • Kazuo Ishiguro, The Remains of the Day (1989) — A butler reflects on a life of perfect professional duty and wonders whether he made the right choices. An oblique, devastating meditation on virtue, integrity, and what is owed to those with moral authority over us.
  • Michael Sandel, Justice: What’s the Right Thing to Do? (2009) — Not fiction, but based on Harvard’s most popular course. Accessible and philosophically honest survey of consequentialism, deontology, and virtue ethics using real cases. The companion video lectures are freely available.
  • Cormac McCarthy, The Road (2006) — Father and son surviving a post-apocalyptic world. Ethics stripped to its bare minimum: what do we owe each other when all social structures have collapsed? Which moral intuitions survive, and which dissolve?
  • Ridley Scott, Blade Runner (1982) (and Denis Villeneuve’s Blade Runner 2049, 2017) — The moral status of artificial beings; what grounds personhood; the ethics of creating conscious life for exploitation. Connects to the final lesson on extending the moral circle.

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12 Notes


  1. Derek Parfit, On What Matters, 2 vols. (2011). Parfit worked on the book for roughly three decades; a third volume appeared posthumously in 2017.↩︎

  2. For a detailed account see Richard Harris and Craig Challen, Against All Odds: Walking into the Flooded Cave to Rescue the Thai Boys’ Soccer Team (Crows Nest: Allen & Unwin, 2020), and the Thai Navy SEAL operational report summarised in Britannica, “Tham Luang cave rescue.” Saman Kunan’s death on 6 July 2018 and Beirut Pakbara’s later death from blood infection are documented in BBC News, “Thai cave rescue: Saman Kunan death,” and Reuters, “Thai navy diver dies of cave rescue blood infection” (1 January 2020).↩︎

  3. Jeremy Bentham, An Introduction to the Principles of Morals and Legislation (1789), Chapter I (“Of the Principle of Utility”), §1 — opening sentence; Burns/Hart/Rosen edition (Oxford: Athlone/Oxford University Press, 2005), p. 11. The slogan-form “the greatest happiness of the greatest number” — which Bentham took from Hutcheson and Beccaria — was declared a “fundamental axiom” in the Preface to A Fragment on Government (1776): “it is the greatest happiness of the greatest number that is the measure of right and wrong” (A Comment on the Commentaries and A Fragment on Government, Collected Works, p. 393). The sentence is not in the Introduction itself, whose closest approach is Bentham’s own 1822 author’s note to Chapter I; the catchphrase “foundation of morals and legislation” is loose paraphrase rather than verbatim Bentham, and is not used here as a direct quotation.↩︎

  4. Henry Sidgwick, The Methods of Ethics, 7th ed. (London: Macmillan, 1907 [1874]), Book IV, Chapter I (the underdetermination of “greatest happiness” as between sum-total, average, and other aggregation rules). R. M. Hare, Moral Thinking: Its Levels, Method, and Point (Oxford: Clarendon Press, 1981), Chapters 2–3 (the intuitive/critical two-level distinction). For the contemporary statement of average vs. total utilitarianism and its bearing on population ethics, see Derek Parfit, Reasons and Persons (Oxford: Clarendon Press, 1984), Part IV.↩︎

  5. Immanuel Kant, Groundwork of the Metaphysics of Morals (1785), Second Section, Ak 4:421 (Academy edition pagination).↩︎

  6. Will Durant, The Story of Philosophy (1926), Chapter 2 (“Aristotle and Greek Science”). Durant paraphrases Aristotle’s Nicomachean Ethics II.1 and II.4; the epigrammatic rendering “We are what we repeatedly do” is Durant’s composition, not a direct translation.↩︎

  7. Aristotle, Nicomachean Ethics, Book II, Chapter 1. The Ross translation reads: “moral virtue comes about as a result of habit, whence also its name (ἠθική) is one that is formed by a slight variation from the word ἔθος (habit).”↩︎

  8. Mengzi 2A.6, trans. Bryan Van Norden, Mengzi: With Selections from Traditional Commentaries (Hackett, 2008). The compassion-at-the-well example is the locus classicus for Mencius’s argument that the sprouts of moral character are descriptively present in human nature; the developmental claim — that they must be cultivated, just as a sapling must be tended — is at 6A.7 (“the way of the gentleman is to seek the lost heart”). Cf. Wong, “Mengzi,” Stanford Encyclopedia of Philosophy, for the comparison with Aristotelian hexis.↩︎

  9. Philippa Foot, “The Problem of Abortion and the Doctrine of Double Effect,” Oxford Review 5 (1967): 5–15; Judith Jarvis Thomson, “The Trolley Problem,” Yale Law Journal 94.6 (1985): 1395–1415. Thomson had already introduced the bystander-at-the-switch variation in her earlier “Killing, Letting Die, and the Trolley Problem,” Monist 59 (1976): 204–217.↩︎

  10. G. E. M. Anscombe, “Modern Moral Philosophy,” Philosophy 33.124 (1958): 1–19; Bernard Williams, “A Critique of Utilitarianism,” in J. J. C. Smart and Bernard Williams, Utilitarianism: For and Against (Cambridge: Cambridge University Press, 1973), §§3, 5 (the “integrity” objection). For the dual-process empirical literature: Joshua D. Greene et al., “An fMRI Investigation of Emotional Engagement in Moral Judgment,” Science 293 (2001): 2105–2108, and Greene, Moral Tribes (New York: Penguin, 2013). For the artefact critique: Christopher W. Bauman et al., “Revisiting External Validity: Concerns about Trolley Problems and Other Sacrificial Dilemmas in Moral Psychology,” Social and Personality Psychology Compass 8.9 (2014): 536–554; Daniel M. Bartels and David A. Pizarro, “The Mismeasure of Morals,” Cognition 121 (2011): 154–161. Survey: David Edmonds, Would You Kill the Fat Man? The Trolley Problem and What Your Answer Tells Us about Right and Wrong (Princeton: Princeton University Press, 2014).↩︎

  11. The FTX bankruptcy filing of 11 November 2022 (United States Bankruptcy Court for the District of Delaware, Case 22-11068-JTD) and the SEC’s accompanying complaint against Sam Bankman-Fried (filed 13 December 2022, S.D.N.Y.) document the transfer of customer assets to Alameda Research. Press coverage: Financial Times, Wall Street Journal, Bloomberg (11–14 November 2022). Book-length account: Michael Lewis, Going Infinite: The Rise and Fall of a New Tycoon (New York: W. W. Norton, 2023).↩︎

  12. William MacAskill, Doing Good Better: Effective Altruism and a Radical New Way to Make a Difference (London: Guardian Faber, 2015). For the longtermist extension see MacAskill, What We Owe the Future (London: Oneworld, 2022), the book FTX-affiliated funds were widely reported to have helped publicise. The “earning to give” strategy is set out at Doing Good Better, Chapter 5.↩︎

  13. William MacAskill, Twitter thread of 11 November 2022, reposted as “A personal statement on FTX,” Effective Altruism Forum, 12 November 2022, distancing the EA movement from Bankman-Fried personally and condemning the underlying conduct.↩︎

  14. For the internal debate within Effective Altruism, see Émile P. Torres, “Why effective altruism failed Sam Bankman-Fried — and the rest of us,” Salon, 17 November 2022; Carla Cremer, “How effective altruism let Sam Bankman-Fried happen,” The Guardian, 24 November 2022; Kelsey Piper, “We had a wake-up call,” Vox, 16 November 2022. The longtermist branch’s structural complicity is argued in Émile P. Torres, Human Extinction: A History of the Science and Ethics of Annihilation (London: Routledge, 2023).↩︎

  15. Fyodor Dostoevsky, The Brothers Karamazov (1880), Book V, Chapter 4 (“Rebellion”). Translation as in the Pevear and Volokhonsky edition (1990). The sophisticated utilitarian replies to Ivan’s challenge include those of Sidgwick, Hare, and Singer, and more recently Parfit and Railton.↩︎

  16. Fyodor Dostoevsky, The Brothers Karamazov (1880), Book V, Chapter 4 (“Rebellion”). Translation as in the Pevear and Volokhonsky edition (1990). The sophisticated utilitarian replies to Ivan’s challenge include those of Sidgwick, Hare, and Singer, and more recently Parfit and Railton.↩︎

  17. Jeremy Bentham, Introduction to the Principles of Morals and Legislation (1789), Chapter IV (“Value of a Lot of Pleasure or Pain, How to Be Measured”).↩︎

  18. Jeremy Bentham, Panopticon; or, The Inspection-House (1791). Bentham pursued the scheme from 1791 until its final rejection by Parliament in 1813; see Janet Semple, Bentham’s Prison: A Study of the Panopticon Penitentiary (1993).↩︎

  19. For the contemporary record of the experimental education conducted by James Mill (with Bentham’s involvement), see John Stuart Mill, Autobiography (1873), Chapters I–II; for the modern reconstruction see Richard Reeves, John Stuart Mill: Victorian Firebrand (London: Atlantic Books, 2007), Chapters 1–3, and Bruce Mazlish, James and John Stuart Mill: Father and Son in the Nineteenth Century (New York: Basic Books, 1975).↩︎

  20. John Stuart Mill, Autobiography (1873), Chapter V (“A Crisis in My Mental History”). Mill dates his breakdown to the autumn of 1826, when he was twenty.↩︎

  21. John Stuart Mill, Utilitarianism (1863), Chapter II (“What Utilitarianism Is”).↩︎

  22. Robert Nozick, Anarchy, State, and Utopia (1974), Chapter 3 (“Moral Constraints and the State”), section “The Experience Machine.”↩︎

  23. Peter Singer, “Famine, Affluence, and Morality,” Philosophy and Public Affairs 1.3 (1972): 229–243. The essay opens with the situation in the East Bengal refugee camps following the November 1970 cyclone and the 1971 Bangladesh war of independence.↩︎

  24. For the strong-versus-moderate distinction, see Singer, “Famine, Affluence, and Morality” (1972), §§II–III, and the restatement in Peter Singer, The Life You Can Save: Acting Now to End World Poverty (New York: Random House, 2009). The 5% / 95-per-cent-of-Americans figure is Singer’s own framing in the introductory chapter of Life You Can Save: “I will close with a reasonable standard that, for 95 percent of Americans, can be met by giving no more than 5 percent of their income.” Singer immediately concedes he believes the reader should give more than 5% and intends the figure as a starting threshold; the full sliding scale (rising into the double digits for higher earners) is set out in Chapter 10. For Singer’s own giving practice and the strong-version philosophical case, see Peter Singer, The Most Good You Can Do (New Haven: Yale University Press, 2015), Preface.↩︎

  25. Bernard Williams, “A Critique of Utilitarianism,” in J. J. C. Smart and Bernard Williams, Utilitarianism: For and Against (1973), sections 3 and 5 (“Negative Responsibility” and “Integrity”); Susan Wolf, “Moral Saints,” Journal of Philosophy 79.8 (1982): 419–439.↩︎

  26. After the Anschluss, Switzerland reintroduced compulsory entry visas for holders of Austrian passports by Federal Council decree of 28 March 1938; the actual closure of the Swiss-Austrian border followed by Federal Council decree of 19 August 1938. The Swiss-German agreement of 29 September 1938, implemented from 4 October 1938, introduced the “J” stamp on the passports of German Jews — a measure negotiated by Heinrich Rothmund, head of the Federal Police, with the German foreign ministry; Switzerland is widely held to have initiated this proposal. Standard reference: Independent Commission of Experts Switzerland — Second World War, Switzerland and Refugees in the Nazi Era (Bern: BBL, 1999), §3.↩︎

  27. Paul Grüninger (1891–1972), police commander Canton St Gallen 1925–39. Suspended by the Regierungsrat St Gallen on 31 March 1939 and summarily dismissed without pension on 12 May 1939; convicted of Urkundenfälschung (falsification of documents) and Amtspflichtverletzung (breach of official duty) by the Bezirksgericht St Gallen on 23 December 1940; fined CHF 300 plus court costs of approximately CHF 1,000; pension forfeited. He worked as a private music teacher and small textiles dealer until his death in 1972. The conviction was quashed by the District Court of St Gallen on 30 November 1995. The Paul Grüninger Stiftung (founded 1998) maintains an archive at Diepoldsau. Standard biography: Stefan Keller, Grüningers Fall: Geschichten von Flucht und Hilfe (Zürich: Rotpunkt, 1993). The 2014 feature film Akte Grüninger (Alain Gsponer dir.) is widely shown in Swiss schools.↩︎

  28. Carl Lutz (1895–1975), Swiss vice-consul in Budapest from 1942. Between March 1944 and the end of 1944 he issued Schutzbriefe claiming Swiss diplomatic protection over Hungarian Jews; the documents protected an estimated 62,000 people from deportation to Auschwitz, though some scholarly estimates run lower (50,000–62,000). The “Glass House” (Üvegház) at Vadász utca 29 was the protected centre. On Lutz’s return Bern reprimanded him; the Federal Council formally rehabilitated him in 1957 (publicly reaffirmed 1958). Yad Vashem named him Righteous Among the Nations in 1965. Standard biography: Theo Tschuy, Carl Lutz und die Juden von Budapest (Zürich: Verlag Neue Zürcher Zeitung, 1995); English translation, Dangerous Diplomacy (Eerdmans, 2000).↩︎

  29. For the genocide background see Gérard Prunier, The Rwanda Crisis: History of a Genocide (1995), and Philip Gourevitch, We Wish to Inform You That Tomorrow We Will Be Killed with Our Families (1998). For Rusesabagina’s own account, see Paul Rusesabagina with Tom Zoellner, An Ordinary Man: An Autobiography (2006). The figure of 1,268 refugees is from the post-1994 registries at the Hôtel des Mille Collines.↩︎

  30. For the contested-record reporting, see Michela Wrong, “The Hotel Rwanda hero who became a ‘terrorist’,” African Arguments (8 September 2020); Edouard Kayihura and Kerry Zukus, Inside the Hotel Rwanda: The Surprising True Story… and Why It Matters Today (2014); the survey of 74 hotel survivors discussed there. Roméo Dallaire’s assessment is given in his Shake Hands with the Devil: The Failure of Humanity in Rwanda (2003) and in subsequent interviews; Major Stefan Stec’s report on the passing of names is documented in Linda Melvern, Conspiracy to Murder: The Rwandan Genocide (2004), Chapter 14. Odette Nyiramilimo’s defence of Rusesabagina against the bad-faith reading is recorded in the same African Arguments piece.↩︎

  31. On the 2020 abduction (Rusesabagina was lured onto a flight he believed was bound for Burundi but which landed in Kigali), the September 2021 conviction, the twenty-five-year sentence, the March 2023 commutation, and the U.S. State Department’s wrongful-detention designation, see Clooney Foundation for Justice, TrialWatch Fairness Report on Paul Rusesabagina v. Republic of Rwanda (2021), and Declan Walsh, “Rwanda Commutes Sentence of Paul Rusesabagina, the ‘Hotel Rwanda’ Hero,” New York Times (24 March 2023).↩︎

  32. Immanuel Kant, Groundwork of the Metaphysics of Morals (1785), Ak 4:421 (Academy edition).↩︎

  33. Immanuel Kant, Groundwork of the Metaphysics of Morals (1785), Ak 4:429 (Academy edition).↩︎

  34. Immanuel Kant, “On a Supposed Right to Lie from Philanthropy” (1797), Academy edition vol. 8, pp. 425–430. Quoted from Mary J. Gregor, ed. and trans., Practical Philosophy, The Cambridge Edition of the Works of Immanuel Kant (Cambridge University Press, 1996), AK 8:426.↩︎

  35. Benjamin Constant, “Des réactions politiques” (1797), Chapter VIII. Kant’s essay is a direct reply to Constant’s objection that the duty of truth applies only where another has a right to the truth.↩︎

  36. Christine M. Korsgaard, “The Right to Lie: Kant on Dealing with Evil,” Philosophy and Public Affairs 15.4 (1986): 325–349.↩︎

  37. W. D. Ross, The Right and the Good (1930), Chapter II (“What Makes Right Acts Right?”).↩︎

  38. Onora O’Neill, Constructions of Reason: Explorations of Kant’s Practical Philosophy (Cambridge: Cambridge University Press, 1989); Barbara Herman, The Practice of Moral Judgment (Cambridge, MA: Harvard University Press, 1993).↩︎

  39. G. E. Moore, Principia Ethica (1903), Chapter I (“The Subject-Matter of Ethics”), §13.↩︎

  40. A. J. Ayer, Language, Truth and Logic (1936), Chapter VI (“Critique of Ethics and Theology”).↩︎

  41. Simon Blackburn, Ruling Passions (1998), especially Chapters 1 and 9. The quasi-realist programme is developed earlier in Blackburn, Spreading the Word (1984) and Essays in Quasi-Realism (1993).↩︎

  42. J. L. Mackie, Ethics: Inventing Right and Wrong (1977), Chapter 1 (“The Subjectivity of Values”), §9 (“The Argument from Queerness”).↩︎

  43. Bernard Williams, Ethics and the Limits of Philosophy (1985), Chapter 7 (“The Linguistic Turn”). The argument against decomposition into descriptive complex plus prescription targets R. M. Hare’s analysis of evaluative language; the discussion is extended in Chapter 8 (“Knowledge, Science, Convergence”), where Williams’s further examples of thick concepts include “coward, lie, brutality, gratitude”.↩︎

  44. Williams’s broader project in Ethics and the Limits of Philosophy (1985) is the dismantling of what he calls “the morality system” — a punitive structure of obligation, blame and guilt whose purest representative he takes to be Kant. See especially Chapter 10 (“Morality, the Peculiar Institution”). The thick-concepts argument is part of the larger case against the systematising ambitions of philosophical ethics.↩︎

  45. The forensic and behavioural facts are set out in the November 1993 trial transcript before Mr Justice Morland at Preston Crown Court (Thompson and Venables convicted 24 November 1993) and in the subsequent Home Office and Department of Health files; the figure of forty-two injuries and the iron bar (a fishplate) are from the pathologist’s report. For a literary-philosophical overview see Blake Morrison, As If (London: Granta, 1997). Thompson’s home circumstances were documented in social services reports admitted at trial.↩︎

  46. Aristotle, Nicomachean Ethics, Book II, Chapter 1 (1103b). Ross translation.↩︎

  47. Aristotle, Nicomachean Ethics, Book I, Chapter 3 (1094b). Ross translation.↩︎

  48. Plato, Meno, 70a (opening question); 99e–100a (concluding suggestion that virtue comes “by divine dispensation” to those who possess it).↩︎

  49. Alasdair MacIntyre, After Virtue (1981), especially Chapters 1–3 and 14–15.↩︎

  50. Rosalind Hursthouse, On Virtue Ethics (Oxford: Oxford University Press, 1999), Chapter 1 (“Right Action”).↩︎

  51. World Health Organization, “Female genital mutilation: Fact sheet” (Geneva: WHO, updated 2024), and WHO, Eliminating Female Genital Mutilation: An Interagency Statement (Geneva: WHO/UNFPA/UNICEF/UN Women et al., 2008), §1.2 (the four-type classification). Prevalence figures from UNICEF, Female Genital Mutilation: A New Generation Calls for Ending an Old Practice (New York: UNICEF, 2020).↩︎

  52. For Dukureh’s role and the November 2015 decree, see Jaha Dukureh’s testimony in “Gambia: President Bans Female Genital Cutting,” The Guardian (24 November 2015), and the UNICEF-backed Safe Hands for Girls documentation. The 2024 repeal attempt and its July 2024 defeat are reported in Ruth Maclean, “Gambia Upholds Ban on Female Genital Cutting in Landmark Vote,” New York Times (15 July 2024). On the reformer’s-dilemma structure, see James Rachels, The Elements of Moral Philosophy (7th ed. 2012), Chapter 2 (“The Challenge of Cultural Relativism”).↩︎

  53. Janice Boddy, Civilizing Women: British Crusades in Colonial Sudan (Princeton: Princeton University Press, 2007), Introduction and Chapters 1, 9, on the colonial genealogy of the Western reform framing. Bettina Shell-Duncan and Ylva Hernlund (eds.), Female “Circumcision” in Africa: Culture, Controversy, and Change (Boulder: Lynne Rienner, 2000), and Shell-Duncan, “From Health to Human Rights: Female Genital Cutting and the Politics of Intervention,” American Anthropologist 110.2 (2008): 225–236, on the heterogeneity of practices and the limits of the human-rights frame. From inside the practising societies: Nawal El Saadawi, The Hidden Face of Eve: Women in the Arab World, trans. Sherif Hetata, rev. ed. (London: Zed Books, 2007 [1977]), Part Two, Chapter 2; Hibo Wardere, Cut: One Woman’s Fight against FGM in Britain Today (London: Simon & Schuster, 2016). The journal Feminist Africa (Cape Town: African Gender Institute, 2002–) regularly carries the contested-internal-politics view.↩︎

  54. Ruth Benedict, “Anthropology and the Abnormal,” Journal of General Psychology 10.1 (1934), concluding paragraph.↩︎

  55. For Wilberforce’s twenty-year parliamentary campaign against the slave trade (1787–1807) and his subsequent involvement in the abolition of slavery in the British Empire (the Slavery Abolition Act received royal assent on 28 August 1833, a month after Wilberforce’s death on 29 July; he learned that the bill’s passage was assured three days before he died), see William Hague, William Wilberforce: The Life of the Great Anti-Slave Trade Campaigner (London: HarperPress, 2007), and Adam Hochschild, Bury the Chains: Prophets and Rebels in the Fight to Free an Empire’s Slaves (Boston: Houghton Mifflin, 2005), for the wider Clapham-Sect and grassroots context.↩︎

  56. The “real versus notional confrontation” distinction is developed in Bernard Williams, “The Truth in Relativism,” Proceedings of the Aristotelian Society 75 (1974–1975): 215–228, and revisited in Ethics and the Limits of Philosophy (1985), Chapter 9 (“Relativism and Reflection”). A real confrontation occurs when two value systems are live options for the same agent; only there does relativism’s permission to refuse a single judgement actually bite.↩︎

  57. Lawrence Kohlberg, The Philosophy of Moral Development, Vol. 1 (1981), Essay 2 (“Moral Stages and Moralization: The Cognitive-Developmental Approach”).↩︎

  58. Carol Gilligan, In a Different Voice (1982), especially Chapter 1 (“Woman’s Place in Man’s Life Cycle”) and Chapter 3 (“Concepts of Self and Morality”).↩︎

  59. Universal Declaration of Human Rights, adopted by UN General Assembly Resolution 217 A (III), 10 December 1948, Article 1.↩︎

  60. On the Asian values debate, see the Bangkok Declaration (March 1993) issued by Asian states prior to the Vienna World Conference on Human Rights, and Amartya Sen, “Human Rights and Asian Values,” The New Republic (14–21 July 1997).↩︎

  61. James Damore, Google’s Ideological Echo Chamber: How Bias Clouds Our Thinking About Diversity and Inclusion (internal memo, dated July 2017, leaked August 2017). Cited meta-analyses include David P. Schmitt, Anu Realo, Martin Voracek, and Jüri Allik, “Why Can’t a Man Be More Like a Woman? Sex Differences in Big Five Personality Traits Across 55 Cultures,” Journal of Personality and Social Psychology 94, no. 1 (2008): 168–182, and Janet Shibley Hyde, “The Gender Similarities Hypothesis,” American Psychologist 60, no. 6 (2005): 581–592.↩︎

  62. Kate Conger, “Exclusive: Here’s The Full 10-Page Anti-Diversity Screed Circulating Internally at Google,” Gizmodo, 5 August 2017 (the leak that brought the memo to public attention).↩︎

  63. Sundar Pichai, “Note to employees from CEO Sundar Pichai,” 7 August 2017 (sent internally and reproduced on the Google Blog the following day). Damore’s dismissal was confirmed in the public communication; the cited reason was violation of Google’s Code of Conduct.↩︎

  64. National Labor Relations Board, James Damore et al. v. Google Inc., advice memorandum, 16 January 2018, declining to issue a complaint on Damore’s NLRA claims; Damore et al. v. Google LLC, Santa Clara Superior Court, 17-cv-321529, filed 8 January 2018, settled on confidential terms in May 2020.↩︎

  65. For the Sociobiology Study Group’s open letter see “Against ‘Sociobiology’,” New York Review of Books (13 November 1975). The 1978 AAAS incident is described in E. O. Wilson, Naturalist (1994), Chapter 17.↩︎

  66. David Hume, A Treatise of Human Nature (1739–1740), Book III, Part I, Section I (“Moral Distinctions Not Deriv’d from Reason”), final paragraph: “In every system of morality, which I have hitherto met with, I have always remark’d, that the author proceeds for some time in the ordinary way of reasoning… when of a sudden I am surpriz’d to find, that instead of the usual copulations of propositions, is, and is not, I meet with no proposition that is not connected with an ought, or an ought not.”↩︎

  67. G. E. Moore, Principia Ethica (1903), Chapter I, §13 (Open Question Argument).↩︎

  68. E. O. Wilson, Sociobiology: The New Synthesis (Cambridge, MA: Belknap/Harvard, 1975), Chapter 27 (“Man: From Sociobiology to Sociology”), opening: “Scientists and humanists should consider together the possibility that the time has come for ethics to be removed temporarily from the hands of the philosophers and biologicized.” The programmatic claim is extended in On Human Nature (Cambridge, MA: Harvard University Press, 1978), Chapter 1 (“Dilemma”), where Wilson speaks of fashioning “a biology of ethics.”↩︎

  69. Sharon Street, “A Darwinian Dilemma for Realist Theories of Value,” Philosophical Studies 127.1 (2006): 109–166; Richard Joyce, The Evolution of Morality (Cambridge, MA: MIT Press, 2006).↩︎

  70. Sam Harris, The Moral Landscape: How Science Can Determine Human Values (2010), Chapter 1 (“Moral Truth”).↩︎

  71. Jonathan Haidt, The Righteous Mind (2012), Chapter 2 (“The Intuitive Dog and Its Rational Tail”), section “The Rider and the Elephant.” The metaphor is developed earlier in Haidt, The Happiness Hypothesis (2006), Chapter 1.↩︎

  72. On the drafting of the UDHR, see Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (2001), especially Chapters 3–5. On Charles Malik and Peng-chun Chang’s contributions, see Johannes Morsink, The Universal Declaration of Human Rights: Origins, Drafting, and Intent (1999).↩︎

  73. The Declaration of Independence (4 July 1776), preamble, second paragraph.↩︎

  74. John Locke, Two Treatises of Government (1689), Second Treatise, Chapter II (“Of the State of Nature”), §6. Cited from the Peter Laslett critical edition (Cambridge University Press, 1988), p. 271.↩︎

  75. Jeremy Bentham, “Anarchical Fallacies; Being an Examination of the Declarations of Rights Issued during the French Revolution” (written c. 1795, published 1816), Article II: “Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts.”↩︎

  76. John Rawls, A Theory of Justice (1971), §§3–4 (“The Main Idea of the Theory of Justice”; “The Original Position and Justification”) and §24 (“The Veil of Ignorance”).↩︎

  77. John Rawls, A Theory of Justice (1971), §13 (“Democratic Equality and the Difference Principle”).↩︎

  78. Richard Rorty, “Human Rights, Rationality, and Sentimentality,” Oxford Amnesty Lecture 1993, printed in Stephen Shute and Susan Hurley, eds., On Human Rights: The Oxford Amnesty Lectures 1993 (New York: Basic Books, 1993), 111–134; the quoted sentence is at p. 134, and the “not worth raising” point at p. 116. The Harriet Beecher Stowe comparison runs through the lecture’s closing pages.↩︎

  79. Universal Declaration of Human Rights (1948), Articles 12 and 19.↩︎

  80. For the Silver Spring case, the September 1981 raid, the criminal proceedings (Taub v. State, 296 Md. 439, 463 A.2d 819, Court of Appeals of Maryland, 1983, vacating the conviction on statutory-coverage grounds), and its catalytic role in the animal-rights movement, see Peter Carlson, “The Great Silver Spring Monkey Debate,” Washington Post Magazine (24 February 1991); Kim Stallwood, Growl: Life Lessons, Hard Truths, and Bold Strategies from an Animal Advocate (2014); and Susan Sperling, Animal Liberators: Research and Morality (Berkeley: University of California Press, 1988). On the scientific afterlife — Taub’s later development of constraint-induced movement therapy from the same neuroplasticity findings — see Edward Taub et al., “Technique to Improve Chronic Motor Deficit after Stroke,” Archives of Physical Medicine and Rehabilitation 74.4 (1993): 347–354.↩︎

  81. Peter Singer, Animal Liberation: A New Ethics for Our Treatment of Animals (New York: New York Review/Random House, 1975); the argument is restated and updated in Animal Liberation Now (New York: HarperCollins, 2023) and extended philosophically in Practical Ethics (Cambridge: Cambridge University Press, 1979), Chapter 3 (“Equality for Animals?”). The speciesism argument and the equal-suffering principle are most fully developed in Chapters 1–6 of Animal Liberation Now.↩︎

  82. Jeremy Bentham, An Introduction to the Principles of Morals and Legislation (1789), Chapter XVII (“Of the Limits of the Penal Branch of Jurisprudence”), footnote to §1, IV; Burns/Hart/Rosen edition. The full sentence reads: “the question is not, Can they reason? nor, Can they talk? but, Can they suffer?”↩︎

  83. The term speciesism was coined by Richard D. Ryder in a privately printed Oxford leaflet (“Speciesism,” 1970) and developed in Ryder, Victims of Science: The Use of Animals in Research (London: Davis-Poynter, 1975). Singer adopted and popularised the term in Animal Liberation (1975), Chapter 1.↩︎

  84. Cora Diamond, “Eating Meat and Eating People,” Philosophy 53.206 (1978): 465–479, argues that Singer’s “lining up” of all sentient beings on a single utilitarian scale misdescribes how concepts like human being and animal function in our moral lives — concepts that are tied, in a Wittgensteinian sense, to a form of life rather than to a calculus of comparable interests. Diamond’s appeal is to the later Wittgenstein: Ludwig Wittgenstein, Philosophical Investigations, trans. G. E. M. Anscombe (Oxford: Blackwell, 1958), §241 (“It is what human beings say that is true and false; and they agree in the language they use. That is not agreement in opinions but in form of life”); see also §§19, 23. The essay is reprinted in Diamond, The Realistic Spirit: Wittgenstein, Philosophy, and the Mind (Cambridge, MA: MIT Press, 1991), Ch. 11. Stephen R. L. Clark, The Moral Status of Animals (Oxford: Clarendon Press, 1977), is the parallel “form of life” critique from a different direction. For the secular-utility reply to both: Carl Cohen, “The Case for the Use of Animals in Biomedical Research,” New England Journal of Medicine 315 (1986): 865–870; Roger Scruton, Animal Rights and Wrongs (London: Demos, 1996).↩︎

  85. Derek Parfit, Reasons and Persons (1984), Part IV (“Future Generations”), Chapters 16 (“The Non-Identity Problem”) and 17.↩︎

  86. Paul W. Taylor, Respect for Nature: A Theory of Environmental Ethics (1986), Chapter 3 (“The Biocentric Outlook on Nature”).↩︎

  87. Aldo Leopold, A Sand County Almanac (1949), “The Land Ethic.” The quoted summary formula appears near the end of that essay.↩︎

  88. Nick Bostrom and Eliezer Yudkowsky, “The Ethics of Artificial Intelligence,” in The Cambridge Handbook of Artificial Intelligence, ed. Keith Frankish and William M. Ramsey (Cambridge: Cambridge University Press, 2014), Chapter 15; David J. Chalmers, “The Singularity: A Philosophical Analysis,” Journal of Consciousness Studies 17.9–10 (2010): 7–65, especially §§9–10 on the moral status of AI systems.↩︎

  89. Robert M. Sapolsky, Behave: The Biology of Humans at Our Best and Worst (New York: Penguin Press, 2017), Chapter 2 (“One Second Before”) for the maturation claim, and Chapter 6 (“Adolescence; or, Dude, Where’s My Frontal Cortex?”) for its behavioural consequences: “the final brain region to fully mature (in terms of synapse number, myelination, and metabolism) is the frontal cortex, not going fully online until the midtwenties.”↩︎

  90. Sapolsky, Behave, Chapter 16 (“Biology, the Criminal Justice System, and (Oh, Why Not?) Free Will”), section “Drawing Lines in the Sand.” The homunculus picture is Sapolsky’s rendering of what Joshua Greene calls “mitigated free will” — the widely held view that we sit somewhere between complete free will and none. The flossing passage follows a few paragraphs later, in reply to the reader who protests that a straw homunculus is being set up.↩︎

  91. Sapolsky, Behave, Chapter 16, closing section. The 1487 date is that of the Malleus Maleficarum of Heinrich Kramer and Jacob Sprenger, which Sapolsky cites earlier in the same chapter as the era’s authoritative account of the cause of seizures. Sapolsky’s formulation of the historical shift is “It’s not her, it’s her disease.”↩︎

  92. Derk Pereboom, Living Without Free Will (Cambridge: Cambridge University Press, 2001), and Free Will, Agency, and Meaning in Life (Oxford: Oxford University Press, 2014), for hard incompatibilism and its account of what may replace retributive punishment; Galen Strawson, “The Impossibility of Moral Responsibility,” Philosophical Studies 75 (1994): 5–24, for the Basic Argument (to be responsible for what you do you must be responsible for the way you are, which generates a regress). Sapolsky’s own book-length statement of the position is Determined: A Science of Life Without Free Will (New York: Penguin Press, 2023). [VERIFY]↩︎

  93. Thomas Nagel, “Moral Luck,” in Mortal Questions (Cambridge: Cambridge University Press, 1979), Chapter 3. The four categories — constitutive luck, luck in one’s circumstances, luck in how one is determined by antecedent circumstances, and luck in the way one’s actions turn out — are set out early in the essay; the “extensionless point” sentence comes at the end of Nagel’s discussion of constitutive and causal luck. The essay was first published alongside Bernard Williams’s paper of the same title in Proceedings of the Aristotelian Society, supp. vol. 50 (1976).↩︎

  94. David Hume, An Enquiry Concerning Human Understanding (1748), Section VIII (“Of Liberty and Necessity”), Part I, ¶23, where the “reconciling project” is named and the definition of liberty given. Hume’s compatibilism follows Hobbes in defining freedom as the absence of impediment to acting on one’s will rather than as an exemption from causation.↩︎

  95. Harry G. Frankfurt, “Alternate Possibilities and Moral Responsibility,” Journal of Philosophy 66.23 (1969): 829–839, for the counterexamples to the principle that responsibility requires the ability to do otherwise; and “Freedom of the Will and the Concept of a Person,” Journal of Philosophy 68.1 (1971): 5–20, for the account of freedom as agreement between an agent’s will and the second-order desires she endorses. [VERIFY]↩︎

  96. P. F. Strawson, “Freedom and Resentment,” Proceedings of the British Academy 48 (1962): 1–25; reprinted in Strawson, Freedom and Resentment and Other Essays (London: Methuen, 1974). The reactive attitudes, the contrast with the “objective attitude,” and the argument that a general theoretical conviction could not lead us to abandon the attitudes wholesale are all developed there. [VERIFY]↩︎

  97. William James, “The Dilemma of Determinism,” an address to the Harvard Divinity Students, published in the Unitarian Review (September 1884) and collected in The Will to Believe, and Other Essays in Popular Philosophy (New York: Longmans, Green, 1897). The hard/soft determinism distinction and the “quagmire of evasion” charge come early in the address; the judgment of regret, and the Brockton murder James uses to press it, come in the central section.↩︎

  98. Jean-Paul Sartre, Existentialism and Humanism, trans. Philip Mairet (London: Methuen, 1948), from the lecture given in Paris in October 1945. The self-deception passage follows Sartre’s discussion of judgement and good faith; the coward passage answers the charge that existentialism is pessimistic — “the existentialist, when he portrays a coward, shows him as responsible for his cowardice… A coward is defined by the deed that he has done” (pp. 42–43).↩︎