In The Rejection of Consequentialism, Samuel Scheffler has famously argued for “agent-centered prerogatives”. On this view, moral agents always have the option of doing what consequentialists say they should – that is, they may always choose to do whatever brings about the best overall outcome. And yet, if they decide to, such individuals may also “devote energy and attention to their projects out of proportion to the weight from an impersonal standpoint of their doing so.” The present paper introduces a structurally similar but distinct idea. Loyalty duties may or may not be moral. Whatever the moral status of loyalty duties, however, they characteristically impose a strict obligation (for those who are loyal) to act in the best interest of their beneficiary (trust-type loyalty), or to act in conformity with their principal’s instructions (agent-type loyalty). In cases of what I will call a “loyalty-centered prerogative”, a loyal party will always have the option of doing whatever these stringent requirements mandate. Alternatively, they may act in their beneficiary’s best interests or according to their instructions just to the extent that doing so would be moral. Either option will qualify as loyal. This paper will develop the significance of such prerogatives in agency settings – from law, to friendships, to AI – in an effort to show their importance more generally.
Speaker:
Professor Andrew Gold, Professor of Law, UC Irvine School of Law
A leading voice in the legal philosophy field, Professor Andrew Gold’s primary research interests address private law theory, fiduciary law, and the law of corporations. His recent work has also focused on law as a complex system. Professor Gold holds a courtesy joint appointment with the Department of Philosophy in UC Irvine’s School of Humanities.
Moderator: Professor Kelvin Low, Faculty of Law, The University of Hong Kong
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This event is co-hosted by the Centre for Private Law and the Law & Technology Centre, The University of Hong Kong