The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity and (...) contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (shrink)

Moral conflicts are real, and while a deontic logic containing a modified "agglomeration rule" may be able to accommodate this fact, even the most sophisticated logic will still overlook much of what everyday normative reasoning involves.

Kantian deontology is one of three classic moral theories, among virtue ethics and consequentialism. Issues in medical ethics are frequently addressed within a Kantian paradigm, at least – although not exclusively – in European medical ethics. At the same time, critical voices have pointed to deficits of Kantian moral philosophy which must be examined and discussed. It is argued that taking concrete situations and complex relationships into account is of paramount importance in medical ethics. Encounters between medical or nursing staff (...) and patients are rarely symmetrical relationships between autonomous and rational agents. Kantian ethics, the criticism reads, builds on the lofty ideal of such a relationship. In addition to the charge of an individualist and rationalist focus on autonomy, Kantian ethics has been accused of excluding those not actually in possession of these properties or of its rigorism. It is said to be focussed on laws and imperatives to an extent that it cannot appreciate the complex nuances of real conflicts. As a more detailed analysis will show, these charges are inadequate in at least some regards. This will be demonstrated by drawing on the Kantian notion of autonomy, the role of maxims and judgment and the conception of duties, as well as the role of emotions. Nevertheless the objections brought forward against Kantian moral theory can help determine, with greater precision, its strengths and shortcomings as an approach to current problems in medical ethics. (shrink)

Sandel (2009) has recently revisited the issue of the moral permissibility of telling misleading truths in a Kantian ethical framework. His defense of its permissibility relies on assimilating it to simple truth telling, and discounting its relationship with simple lying. This article presents a refutation of Sandel’s case. It is argued that comparison of misleading truths with telling truths or lies is inconclusive. Instead, comparison with telling of leading truths is appropriate. With this comparison in view, it is clear that (...) telling misleading truths is not consistent with the Categorical Imperative, meaning that they are not morally permissible from a Kantian perspective. (shrink)

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

Despite all the attention given to Kant’s universalizability tests, one crucial aspect of Kant’s thought is often overlooked. Attention to this issue, I will argue, helps us resolve two serious problems for Kant’s ethics. Put briefly, the first problem is this: Kant, despite his stated intent to the contrary, doesn’t seem to use universalization in arguing for duties to oneself, and, anyway, it is not at all clear why duties to oneself should be grounded on a procedure that envisions a (...) world in which everyone wills the contrary of those duties. The second, more global problem is that if we follow Barbara Herman in holding that Kantian ethics can provide a structure for moral deliberation, we need an interpretation of the universalization procedure that unproblematically allows it to generate something like prima facie duties to guide that deliberation; but it is not at all clear that we have such an interpretation. I argue here that if we expand our limited way of thinking about universalization, we can solve the first problem and work towards a solution to the second. We can begin by recalling that Kant’s ‘Law of Nature’ formulation (FLN) of the Categorical Imperative obligates us to ‘act as if the maxim of your action were to become by your will a universal law of nature’ (G, 421). (shrink)

With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain (...) can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority. (shrink)

The aim of this paper is to propose a model for understanding the relation between substance and procedure in discourse ethics and deliberative democracy capable of answering the common charge that they involve an ‘empty formalism’. The expressive-elaboration model introduced here answers this concern by arguing that the deliberative practical rationality presupposed by discourse ethics and deliberative democracy involves the creation of a practical medium in which certain general basic ideas of solidarity, equality and freedom are expressed and elaborated in (...) the context of widespread moral disagreement. In the course of this paper I propose an elucidation of these ideas and argue for the thesis that they are internally related to the endorsement of deliberative practical rationality. The three basic substantive ideas contribute to the determination of the existence, the form, the topics and intended outcomes, and the effects of the practice of public deliberation. This amounts to an elucidatory defense of deliberative practical rationality by explicating its substantive significance or point. Key Words: critical theory • deliberative democracy • discourse ethics • equality • freedom • Jürgen Habermas • practical reason • John Rawls • solidarity • substance and procedure. (shrink)

Malpractice insurance rates have created a crisis in American medicine. Rates are rising and reimbursements are not keeping pace. In response, physicians in the states hardest hit by this crisis are feeling compelled to take political action, and the current action of choice seems to be physician strikes. While the malpractice insurance crisis is acknowledged to be severe, does it justify the extreme action of a physician walkout? Should physicians engage in this type of collective action, and what are the (...) costs to patients and the profession when such action is taken? I will offer three related arguments against physician strikes that constitute a prima facie prohibition against such action: first, strikes are intended to cause harm to patients; second, strikes are an affront to the physician-patient relationship; and, third, strikes risk decreasing the public's respect for the medical profession. As with any prima facie obligation, there are justifying conditions that may override the moral prohibition, but I will argue that the current malpractice crisis does not rise to the level of such a justifying condition. While the malpractice crisis demands and justifies a political response on the part of the nation's physicians, strikes and slow-downs are not an ethically justified means to the legitimate end of controlling insurance costs. (shrink)

The aim of this paper is to extract from Kant's writings an account of the nature of the emotions and their function – and to do so despite the fact that Kant neither uses the term ‘emotion’ nor offers a systematic treatment of it. Kant's position, as I interpret it, challenges the contemporary trends that define emotions in terms of other mental states and defines them instead first and foremost as ‘feelings’. Although Kant's views on the nature of feelings have (...) drawn surprisingly little attention, I argue that the faculty of feeling has the distinct role of making us aware of the way our faculties relate to each other and to the world. As I show, feelings are affective appraisals of our activity, and as such they play an indispensable orientational function in the Kantian mind. After spelling out Kant's distinction between feeling and desire, I turn to the distinction between feeling and cognition and show that while feelings are non-cognitive states, they have a form of derived-intentionality. §4 argues that what feelings are about, in this derived sense, is our relationship to ourselves and the world: they function as affective appraisals of the state of our agency. §5 shows that this function is necessary to the activity of the mind insofar as it is orientational. Finally, §6 discusses the examples of epistemic pleasure and moral contentment and argues that they manifest the conditions of cognitive and moral agency respectively. (shrink)

This article is based on a philosophical analysis of moral language in academic journal articles that concern child death cases. The analysis shows that research of child protection is a value-committed practice, and the language use reflects this in various ways. Direct moral language is relatively rare, and moral values are often implicitly referred to. Values in social work research bear resemblance to moral philosophical stances.

G.E.M. Anscombe famously remarked that an adequate philosophy of psychology was needed before we could do ethics. Fifty years have passed, and we should now ask what significance our best theories of the psychology of agency have for moral philosophy. My focus is on non-moral conceptions of autonomy and self-governance that emphasize the limits of deliberation -- the way in which one's cares render certain options unthinkable, one's intentions and policies filter out what is inconsistent with them, and one's resolutions (...) function to block further reflection. I argue that we can expect this deliberative "silencing" to lead to moral failures that occur because the morally correct option was filtered out of the agent's deliberation. I think it follows from these conceptions of self-governance that we should be considered culpable for unwitting acts and omissions, even if they express no ill will, moral indifference, or blameworthy evaluative judgments. The question is whether this consequence is acceptable. Either way, the potential tradeoff between self-governance and moral attentiveness is a source of doubt about recent attempts to ground the normativity of rationality in our concern for self-governance. (shrink)

Immanuel Kant’s categorical imperative can be expressed as the formula of humanity. This states that rational beings ought always to treat humanity, whether in our own persons or in others, as ends in themselves and never as mere means. In this essay, I argue that if God exists, then the Kantian formula of humanity is false. The basic idea behind my argument is that if God exists, then he has knowingly created a world with all kinds of naturally occurring threats, (...) such as disease, flood, drought, etc. and he has knowingly placed human beings in such a world without their consent, knowing that many innocent human beings will be led to suffer, and he allows this suffering to occur. I argue that even if this is somehow for their own good or the good of others or contributes to the goodness of the world as a whole, God treats these innocent human beings as mere means when he places humans in such a world without their consent and allows this suffering to occur. (shrink)

Kantian moral theories must explain how their most basic moral values of dignity and autonomy should be interpreted and applied to human conditions. One place Kantians should look for inspiration is, surprisingly, the utilitarian tradition and its emphasis on generally accepted, informally enforced, publicly known moral rules of the sort that help us give assurances, coordinate our behavior, and overcome weak wills. Kantians have tended to ignore utilitarian discussions of such rules mostly because they regard basic moral principles as a (...) priori requirements that cannot be tailored to human foibles and limitations. I argue that Kantian moral theories should incorporate public moral rules as mid-level moral requirements for embodied and socially embedded human agents. I explain how certain specific moral judgments about how we ought to act are justified by public moral rules, which are themselves justified by more fundamental moral requirements. (shrink)

We can distinguish two kinds of moral universalization tests for practical principles. One requires that the universal practice of the principle, i.e., universal conformity to it by all agents in a given world, satisfies some condition. The other requires that conformity to the principle by any possible agent, in any situation and at any time, satisfies some condition. We can call these universal practice and universal applicability tests respectively. The logical distinction between these tests is rarely appreciated, and many philosophers (...) systematically confuse them with each other. In practice, UP tests are more frequently used to defend deontological norms, while UA tests are used to defend consequentialist norms. Both conceptual argument and practical examples of their applications will show that UA tests are decisively superior to UP tests for grounding moral norms, casting greater doubt upon deontological theories which rely upon the latter unless they can reformulate their arguments using some version of a UA test. (shrink)

There are at least two basic normative notions: rationality and reasons. The dominant normative account of reasons nowadays, which I call primitive pluralism about reasons, holds that some reasons are normatively basic and there is no underlying normative explanation of them in terms of other normative notions. Kantian constructivism about reasons, understood as a normative rather than a metaethical view, holds that rationality is the primitive normative notion that picks out which non-normative facts are reasons for what and explains why (...) those normative relations hold. By supposing that there is a plurality of primitive reasons, I argue that primitive pluralism about reasons lacks sufficient normative unity and structure. But Kantian constructivism about reasons faces a dilemma of its own: Either a conception of rationality is thick enough to capture the reasons of commonsense, in which case it cannot play the explanatory role assigned to it, or a conception of rationality is genuinely explanatory, in which case it is too thin to generate the reasons we recognize in commonsense. The aim of this paper is to suggest that if Kantian constructivism about reasons were built on a substantive, rather than merely formal, conception of rationality then it would stand a better chance at unifying the particular reasons we would endorse on due reflection. The groundwork I lay in this paper, I explain, is an essential first step in the larger project of developing a version of Kantian constructivism about reasons that might eventually explain all reasons in terms of rationality. (shrink)

: This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one key point of Hegel’s account of (...) ‘mutual recognition’. These themes are linked to Kant’s and Hegel’s transformation of the modern natural law tradition. The results explain why Kant’s and Hegel’s philosophy are indeed the origins of the properly pragmatic account of rationality, why the pragmatic account of rationality provides genuine rational justification and why this pragmatic account of rational justification is consistent with realism about the objects of empirical knowledge and with strict objectivity about moral norms. > Russian translation : Nelly Motroshilova, ed., К 200-летию выхода в свет «Феноменологии духа» Гегеля, 195–219. > Turkish translation : ‘Hegel’in Tinin Görüngübilimi’nde Karşihkh Onanma ve Ussal Gerekçelendirme’. MonoKL 4–5 :212–231. (shrink)

Many of its students are first drawn to Kant's practical philosophy because it seems to promise a theory of morality both objective and practicable. Moral theory, as Kant conceives of it, must abst...

I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...) ends at once so as to be completely impartial. Finally, I indicate how this can be the source of normativity as it provides a purely impartial reason for being rational. (shrink)

Many philosophers accept that ought implies can (OIC), but it is not obvious that we have a good argument for that principle. I consider one sort of argument for it, which seems to be a development of an Aristotelian idea about practical deliberation and which is endorsed by, amongst others, R. M. Hare and James Griffin. After briefly rehearsing some well-known objections to that sort of argument (which is based on the supposed pointlessness of impossible obligations), I present a further (...) objection, based on a maximally charitable reading of the argument, and conclude that nobody ought to think that it gives them a reason to accept OIC. (shrink)

There are cases such as climate change where the cumulative effects of the actions of several agents lead to grave harm but where no individual agent can make a perceptible difference for the better or worse. According to Derek Parfit, dealing with such imperceptible difference cases requires substantial changes to the way we think about morality. InOn What Matters, Parfit builds on Kantian Ethics to address the problem of imperceptible differences, but the transformation that Kant's theory undergoes in his hands (...) is radical. I argue that Parfit's changes to Kant's theory are not only unnecessary but also detrimental to making sense of the ethical dimensions of action in collective contexts. Building on the notion of imperfect duties, I offer an alternative solution to the problem of imperceptible difference cases that remains closer to Kant's original theory and avoids the difficulties of Parfit's approach. (shrink)

Internationally, there is an on-going dialogue about how to professionalize ethics consultation services . Despite these efforts, one aspect of ECS-competence that has received scant attention is the liability of failing to adequately capture all of the relevant moral considerations in an ethics conflict. This failure carries a high price for the least powerful stakeholders in the dispute. When an ECS does not possess a sophisticated dexterity at translating what stakeholders say in a conflict into ethical concepts or principles, it (...) runs the risk of naming one side's claims as morally legitimate and decrying the other's as merely self-serving. The result of this failure is that one side in a dispute is granted significantly more moral weight and authority than the other. The remedy to this problem is that ECSs learn how to expand the diagnostic moral lens they employ in clinical ethics conflicts. (shrink)

In latter-day discussions on corporate morality, duties of commission are fiercely debated. Moral institutionalists argue that duties of commission—such as a duty of assistance—overstep the boundaries of moral duty owed by economic agents. " Moral institutionalism" is a newly coined term for a familiar position on market morality. It maintains that market morality ought to be restricted, excluding all duties of commission. Neo-Classical thinkers such as Baumol and Homann defend it most eloquently. They underpin their position with concerns that go (...) to the core of liberalism—the dominant western political theory that sustains the ideals of both the free market and the free, rational person. Those authors claim that liberalism calls for a fully differentiated market because it resents the politicization of the market. Fully differentiated markets exclude duties of commission. They also claim that full differentiation of the market closes the troublesome gap between moral motivation and moral virtue. Full differentiation redeems the promise of "easy virtue". In this paper moral institutionalism will be rejected from a Kantian point of view, mostly inspired by Herman's thesis on the invisibility of morality. Liberalism may perhaps ban the politicization of the market; it does not forbid its moralization. The idea of a fully differentiated market must also be rejected because it is either morally over-demanding (to the morally autonomous person) or morally hazardous (to the person with failing moral motivation). Contrary to what the moral institutionalists claim, right action, morally, is actually quite difficult in fully differentiated markets. (shrink)

Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...) identity, excellence and independence, faith and spirituality, narrative and beauty, and more besides. I term this twin phenomenon—a core of fixed moral duties driven by diverse motives—“moral motive pluralism.” In this article, I marshal evidence to show the prevalence of the phenomenon. Contrary to widespread assumptions, across generations and cultures, diverse motives drive different people to perform their moral duties. But despite this diversity, each different motive impels conscientious compliance with the same core moral duties. I argue this phenomenon undermines key types of evidence commonly employed to justify popular moral philosophies, and provides us with reason to seriously consider certain sorts of ethical theories—especially “functionalist” accounts of morality. (shrink)

In the 17th century, ‘reflexivity’ was coined as a new term for introspection and self-awareness. It thus was poised to serve the instrumental function of combating skepticism by asserting a knowing self. In this Cartesian paradigm, introspection ends in an entity of self-identity. An alternate interpretation recognized how an infinite regress of reflexivity would render ‘the self’ elusive, if not unknowable. Reflexivity in this latter mode was rediscovered by post-Kantian philosophers, most notably Hegel, who defined the self in its self-reflective (...) encounter with an other, and whose full articulation would occur at the final culmination of Reason's evolution. In the rising tide of 19th-century individualism, Emerson and Kierkegaard formulated constructions both in debt to, and in opposition against, Hegelian metaphysics. For each, although employing distinct strategies of self-consciousness, ‘the self’ reached its apogee through divine encounter. Characterized by personal responsibility and individual choice, their philosophies would later be subsumed by secular existentialists committed to defining moral individualism and asserting the possibilities for human freedom and selfauthentication. (shrink)

Moral epistemology, like general epistemology, faces a regress problem. Suppose someone demands to know why I am justified in holding a moral belief. In a typical case, I will respond by citing a further moral belief that justifies it. A regress arises because, in order for this further belief to justify anything, it too must be justified. According to a traditional position in moral epistemology, moral foundationalism, the regress comes to an end with some moral beliefs. Moral foundationalism is an (...) attractive position because it promises to answer the regress problem. However, it inherits the burden of explaining why some moral beliefs have a particular privileged epistemic position – that is, why these beliefs are justified without requiring inferential support from other beliefs. The standard answer to this question is to insist that some moral beliefs have as their content propositions that are self-evident.A common way of resisting moral foundationalism is to argue from the fact of moral disagreement to the claim that no moral proposition is self-evident. I argue that while a simple version of this argument fails, this argument can be developed in such a way that it poses serious difficulties for moral foundationalism. I develop this argument by drawing on recent work in epistemology on the nature of our epistemic burdens in the face of peer disagreement. I then suggest that even if this argument does show that moral foundationalism fails, it need not have skeptical implications so long as coherentism remains a viable option in moral epistemology. Finally, I claim that this argument has implications for normative ethics. Namely, it rules out a position advocated by Peter Singer in his early work and indirectly supports the method of reflective equilibrium. (shrink)

This article addresses the issue of moral compunction among a sample of senior managers set against the background of their routine organizational participation. In considering what factors influence their moral sensibilities these managers were interviewed using an approach designed to elicit their perceptions concerning both the ethical and commercially imperative dimensions of their working lives. The qualitative data resulting from this inquiry, while tentative, indicates the primacy of the normative appeal of shareholder value, conditioned by the exigencies of engagement in (...) corporate bureaucracies, including the maintenance of career and livelihood responsibilities. These conclusions indicate the magnitude of the obstacle that the normative business ethics project requires to overcome in order to fulfil its promise. (shrink)