The Procedure of Morality

Journal of Ethics and Social Philosophy 27:1 (2024): 180-209.

30 Pages Posted: 7 May 2024

See all articles by Ori J. Herstein

Ori J. Herstein

The Hebrew University of Jerusalem, Faculty of Law; King's College London - Dickson Poon School of Law

Ofer Malcai

Hebrew University of Jerusalem - Faculty of Law

Date Written: March 27, 2024

Abstract

Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch,” containing numerous norms which are themselves procedural. These norms comprise what we hold are the three hallmarks of a procedural norm: second-orderness; providing reasons on how to engage with other norms; and, outcome-neutrality. In this respect, morality is more like law than what one might have expected.

Keywords: procedure, procedural norms, moral procedure, juriprudence, second-order norms

Suggested Citation

Herstein, Ori J. and Malcai, Ofer, The Procedure of Morality (March 27, 2024). Journal of Ethics and Social Philosophy 27:1 (2024): 180-209. , Available at SSRN: https://ssrn.com/abstract=4777841

Ori J. Herstein (Contact Author)

The Hebrew University of Jerusalem, Faculty of Law ( email )

Mt. Scopus
Jerusalem, 91905
Israel

HOME PAGE: http://law.huji.ac.il/eng/segel.asp?staff_id=190&cat=441

King's College London - Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

HOME PAGE: http://www.kcl.ac.uk/law/people/visiting/oherstein.aspx

Ofer Malcai

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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