This paper outlines and defends a notion of ‘tragic-remorse’. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent with a moral stain and (...) a particular emotional response. (shrink)

The biennial DEON conferences are designed to promote interdisciplinary cooperation amongst scholars interested in linking the formal-logical study of normative concepts and normative systems with computer science, artificial intelligence, linguistics, philosophy, organization theory and law. In addition to these general themes, DEON 2016 encouraged a special focus on the topic "Reasons, Argumentation and Justification.".

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

‘It is necessary to a Prince to learn how not to be good’. This quotation from Machiavelli’s The Prince has become the mantra of the standard dirty hands thesis. Despite its infamy, it features proudly in most conventional expositions of the dirty hands problem, including Michael Walzer’s original analysis. In this paper, I wish to cast a doubt as to whether the standard conception of the problem of DH—the recognition that, in certain inescapable and tragic circumstances an innocent course of (...) action is unfeasible—fully captures Machiavelli’s message and its terrifying implications. In particular, I argue that the standard DH thesis is inadequately ‘static’: it conceives the conflict between ordinary morality and political morality as a stark, momentary and rare paradox of action—an anomaly disrupting the normality of harmony. As such it misconceives both the extent and the nature of the rupture between morality and politics. In this sense, the argument I shall advance does just involve an exercise in the history of political thought. Rather, I want to suggest that, by virtue of its failure to take Machiavelli’s insights seriously, the standard DH thesis fails to live up to its purported capacity to capture the complexity and fragmentation of our moral cosmos and that, consequently, it is nothing more than a thinly veiled version of the idealism and monism it purports to reject. (shrink)

Should those who get dirty hands be punished? There is strong disagreement among even those who support the existence of such scenarios. The problem arises because the paradoxical nature of dirty hands - doing wrong to do right - renders the standard normative justifications for punishment unfit for purpose. The Consequentialist, Retributivist and Communicative approaches cannot accommodate the idea that an action can be right, all things considered, but nevertheless also a categorical wrong. This paper argues that punishment is indeed (...) appropriate for those who dirty their hands and that there are three normative justifications that can be used to support this claim. These are the justifications from ‘Catharsis’, ‘Recognition of Evil Suffered’ and ‘Causal Responsibility’. Together they provide the sui generis justifications for punishing dirty hands. (shrink)

The problem of necessary evil is a sub-class of the problem of moral dilemmas. In cases of genuine moral dilemmas the agent cannot avoid doing evil whatever he does. In some cases of genuine moral dilemmas, the options facing the agent are incommensurable. But in some other cases of genuine moral dilemmas, though wrong doing is inescapable, there is a rationally best course of action. These are cases of necessary evil. There are several views regarding the doing of necessary evil. (...) On the closure view it is never necessary to do what is evil. This is the view of some utilitarians and of Kant. Then there are people who believe that it is sometimes necessary to do evil. Of these some (like John Gardner) believe that evil in such cases is justified even though it remains an evil; while there are others (like Gandhi) who believe that evil in such cases can never be justified but it can at best be excused or pardoned. Some even think that in some extreme cases the individual who does evil (even if it is the lesser evil) should be punished even though the individual could not avoid doing evil whatever he chose. The paper stresses the significance of the distinction between justified wrong doing, pardonable wrong doing, and excusable wrong doing. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the "moral (...) dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

Immanuel Kant (1724–1804) argued that moral requirements are based on a standard of rationality he dubbed the “Categorical Imperative” (CI). Immorality thus involves a violation of the CI and is thereby irrational. Other philosophers, such as Locke and Hobbes, had also argued that moral requirements are based on standards of rationality. However, these standards were either desirebased instrumental principles of rationality or based on sui generis rational intuitions. Kant agreed with many of his predecessors that an analysis of practical reason (...) will reveal only the requirement that rational agents must conform to instrumental principles. Yet he argued that conformity to the CI (a non-instrumental principle) and hence to moral requirements themselves, can nevertheless be shown to be essential to rational agency. This argument was based on his striking doctrine that a rational will must be regarded as autonomous, or free in the sense of being the author of the law that binds it. The fundamental principle of morality — the CI — is none other than the law of an autonomous will. Thus, at the heart of Kant's moral philosophy is a conception of reason whose reach in practical affairs goes well beyond that of a Humean ‘slave’ to the passions. Moreover, it is the presence of this self-governing reason in each person that Kant thought offered decisive grounds for viewing each as possessed of equal worth and deserving of equal respect. (shrink)

Wie sollen sich autonome Fahrzeuge verhalten, wenn ein Unfall nicht mehr abwendbar ist? Die Komplexität spezifischer moralischer Dilemmata, die in diesem Kontext auftreten können, lässt bewährte ethische Denktraditionen an ihre Grenzen stoßen. Dieser Aufsatz versteht sich als Versuch, neue Lösungsperspektiven mithilfe einer risikoethischen Sichtweise auf die Problematik zu eröffnen und auf diese Weise deren Relevanz für die Programmierung von ethischen Unfallalgorithmen aufzuzeigen. Im Zentrum steht dabei die Frage, welche Implikationen sich aus einer Auffassung von Dilemma-Situationen als risikoethische Verteilungsprobleme im Hinblick (...) auf die Zulässigkeit von entsprechenden Risikoübertragungen ergeben. Dabei wird zunächst eine risikoethische Interpretation des zugrundeliegenden Entscheidungsproblems skizziert, welches durch seine dilemmatische Struktur eine besondere Risikokonstellation begründet. Ausgehend von den Positionen von Sven Ove Hansson und Julian Nida-Rümelin wird für einen deontologisch-risikoethischen Ansatz argumentiert, der auf Individualrechten einerseits und einer interpersonell gerechten Verteilung der entstehenden Schadensrisiken anderseits basiert. Diese beiden Kriterien werden für den Anwendungskontext des autonomen Fahrens konkretisiert. Zum einen wird in Bezug auf das erste Kriterium argumentiert, dass individuelle Rechte genau dann als angemessen gewahrt gelten können, wenn die resultierenden Risikoübertragungen auf die Einzelnen in ihrer absoluten Höhe jeweils zumutbar sind. Zum anderen werden Schwierigkeiten skizziert, die sich hinsichtlich der konkreten Umsetzung des zweiten Kriteriums der Verteilungsgerechtigkeit ergeben. In diesem Zusammenhang werden beispielsweise ethische Herausforderungen in Bezug auf einen möglichen Vorteilsausgleich, das Prinzip der Schadensminimierung sowie individuell unterschiedliche Ausgangsbedingungen der persönlichen Schadensreduktion kritisch in den Blick genommen. (shrink)

This paper argues that the dirty hands literature has overlooked a crucial distinction in neglecting to discuss explicitly the issue of, what I call, symmetry. This is the question of whether, once we are confronted with a dirty hands situation, we could emerge with our hands clean depending on the action we choose. A position that argues that we can keep our hands clean I call “asymmetrical” and one that says that we will get our hands dirty no matter what (...) we do I call “symmetrical”. Not acknowledging this distinction is a problem because, firstly, it adds to the existing confusions about how best to define what dirty hands are. Secondly, it prevents the concept of dirty hands from being applied properly to other contexts such as, for example, the responsibility and accountability of politicians. I argue that we have good reason to favour a symmetrical understanding because it gives a more convincing account of what makes an action dirty and because it more accurately captures our complex moral decision-making when faced with dirty hands situations. The paper concludes by outlining possible implications that the distinction between the symmetry view and the asymmetry view has on wider debates surrounding the problem of dirty hands. (shrink)

Recent medical and bioethics literature shows a growing concern for practitioners’ emotional experience and the ethical environment in the workplace. Moral distress, in particular, is often said to result from the difficult decisions made and the troubling situations regularly encountered in health care contexts. It has been identified as a leading cause of professional dissatisfaction and burnout, which, in turn, contribute to inadequate attention and increased pain for patients. Given the natural desire to avoid these negative effects, it seems to (...) most authors that systematic efforts should be made to drastically reduce moral distress, if not altogether eliminate it from the lives of vulnerable practitioners. Such efforts, however, may be problematic, as moral distress is not adequately understood, nor is there agreement among the leading accounts regarding how to conceptualize the experience. With this article I make clear what a robust account of moral distress should be able to explain and how the most common notions in the existing literature leave significant explanatory gaps. I present several cases of interest and, with careful reflection upon their distinguishing features, I establish important desiderata for an explanatorily satisfying account. With these fundamental demands left unsatisfied by the leading accounts, we see the persisting need for a conception of moral distress that can capture and delimit the range of cases of interest. (shrink)

I discuss the use of legal methods to form ethical judgements in the professional field. In particular, I try to show the disadvantages of using the legal method of malpractice for this purpose. I introduce the moral concept of professional corruption because it enables us to understand the differences of theses two ways –the legal and the ethical- of approaching professional misconduct, and avoids the drawbacks of mixing these two viewpoints.

I briefly introduce Moral Failure as a book that brings together philosophical and empirical work in moral psychology to examine moral requirements that are non-negotiable and that contravene the principle that “ought implies can.” I respond to Rivera by arguing that the process of construction that imbues normative requirements with authority need not systematize or eliminate conflicts between normative requirements. My response to Schwartzman clarifies what is problematic about nonideal theorizing that limits itself to offering action-guidance. In response to Kittay, (...) I defend my rejection of “ought implies can,” and consider the implications of the concept of unfair moral requirements. (shrink)

During the past 50 years since the first successful organ transplant, waiting lists of potential organ recipients have expanded exponentially as supply and demand have been on a collision course. The recovery of organs from patients with circulatory determination of death is one of several effective alternative approaches recommended to reduce the supply-and-demand gap. However, renewed debate ensues regarding the ethical management of the overarching risks, pressures, challenges and conflicts of interest inherent in organ retrieval after circulatory determination of death. (...) In this article, the author claims that through the engagement of a Heideggerean existential phenomenological and hermeneutic framework what are perceived as ethical problems dissolve, including collapse of commitment to the dead donor rule. The author argues for a revisioned socially constructed conceptual and philosophical responsibility of humankind to recognize the limits of bodily finitude, to responsibly use the capacity of the transplantable organs, and to grant enhanced or renewed existence to one with diminished or life-limited capacity; thereby making the locus of ethical concern the donor–recipient as unitary ‘‘life.’ What ethically matters in the life-cycle (life-world) of donor–recipient is the viability of the organs transplanted; thereby granting reverence to all life. (shrink)

Much of feminist theory takes issue with traditional, liberal theories of consent and obligation. Though none have proposed abandoning obligation outright, there has been a general shift among feminists towards a responsibility paradigm. Responsibility models acknowledge given relationships and interdependence, and so posit responsibilities as given, regardless of whether they are voluntary. But in theories that take freedom as a principal value, a move from a socially unembedded voluntarism to socially embedded responsibility leaves something missing. Constructive accounts of and prescriptions (...) for freedom must consider the reality of social life; yet acknowledging that relations are given need not require subordinating the role of voluntarism and consent in most relationships. In this paper I offer a commitment framework that seeks to supplant obligation while also reconciling relational given-ness and voluntarism. I propose an analysis of commitment that takes relations as the starting point and then show how the concept can: 1. guide actions 2. account for responsibilities 3. enhance freedom and 4. avoid a large share of coercive forces that are believed as necessary for reinforcing obligation and responsibility fulfillment. (shrink)

This paper outlines and defends a notion of tragic-remorse. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent with a moral stain and (...) a particular emotional response. (shrink)

This paper outlines and defends a notion of 'tragic-remorse'. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent with a moral stain and (...) a particular emotional response. (shrink)

The claim that (OIC) “ought” implies “can” (i.e., you have an obligation only at times at which you can obey it) entails that (1) obligations that become infeasible are lost (i.e., you stop having an obligation when you become unable to obey it). Moreover, the claim that (2) obligations that become overridden are not always lost (i.e., sometimes you keep having an obligation when you acquire a stronger incompatible obligation) entails that (ONIM) “ought” does not imply “must” (i.e., some obligations (...) are not all-things-considered). It is standard to infer ONIM—via (2)—from the premise that becoming overridden can result in “moral residue” (e.g., in the appropriateness of feeling regret). But then, I note, one could similarly infer not-OIC—via not-(1)—from the premise that becoming infeasible can result in moral residue. So there is an argument against OIC which parallels the standard argument for ONIM. I respond by rejecting both arguments: it is a mistake to always infer from the presence of moral residue that an obligation is not lost. Then I propose new arguments both for ONIM and for OIC. (shrink)

It is plausible that what possible courses of action patients may legitimately expect their physicians to take is ultimately determined by what medicine as a profession is supposed to do and, consequently, that we can determine the moral acceptability of voluntary euthanasia and physician-assisted suicide on the basis of identifying the proper goals of medicine. This article examines the main ways of defining the proper goals of medicine found in the recent bioethics literature and argues that they cannot provide a (...) clear answer to the question of whether or not voluntary euthanasia and physician-assisted suicide are morally acceptable. It is suggested that to find a plausible answer to this question and to complete the task of defining the proper goals of medicine, we must determine what is the best philosophical theory about the nature of prudential value. (shrink)

Opponents of voluntary euthanasia and physician-assisted suicide often maintain that the procedures ought not to be accepted because ending an innocent human life would both be morally wrong in itself and have unfortunate consequences. A gravely suffering patient can grant that ending his life would involve such harm but still insist that he would have reason to continue living only if there were something to him in his abstaining from ending his life. Though relatively rarely, the notion of meaning of (...) life has figured in recent medical ethical debate on voluntary euthanasia and physician-assisted suicide. And in current philosophical discussion on meaning of life outside the medical ethical debate on voluntary euthanasia and physician-assisted suicide several authors have argued that being moral and having a meaningful existence are connected to each other. In this article, I assess whether his intentionally refraining from causing the harm related to voluntary euthanasia and physician-assisted suicide would involve something to such a patient in the sense that it would promote the meaningfulness of his life. (shrink)

Services of ethics consultants are nowadays commonly used in such various spheres of life as engineering, public administration, business, law, health care, journalism, and scientific research. It has however been maintained that use of ethics consultants is incompatible with personal autonomy; in moral matters individuals should be allowed to make their own decisions. The problem this criticism refers to can be conceived of as a conflict between the professional autonomy of ethics experts and the autonomy of the persons they serve. (...) This paper addresses this conflict and maintains that when the nature of both ethics consultation and individual autonomy is properly understood, the professional autonomy of ethics experts is compatible with the autonomy of the persons they assist. (shrink)

It has been suggested that, in addition to individual level decision-making, informed consent procedures could be used in collective decision-making too. One of the main criticisms directed at this suggestion concerns decision-making power. It is maintained that consent is a veto power concept and that, as such, it is not appropriate for collective decision-making. This paper examines this objection to collective informed consent. It argues that veto power informed consent can have some uses in the collective level and that when (...) it is not appropriate the decision power a concerned party ought to have in connection with an arrangement should be made relative to the interest she has at stake in it. It concludes that the objection examined does not undermine collective informed consent. (shrink)

This essay locates the problem of dirty hands within virtue ethics – specifically Alasdair MacIntyre’s neo-Aristotelian thesis in After Virtue. It demonstrates that, contra contemporary expositions of this problem, MacIntyre’s thesis provides us with a more nuanced account of tragedy and DH in ordinary life, in its conventional understanding as a stark, rare and momentary conflict in which moral wrongdoing is inescapable. The essay then utilizes elements from MacIntyre’s thesis as a theoretical premise for Machiavelli’s thought so as to set (...) the foundations for a nascent but richer framework of DH in politics and move beyond the standard, ‘static’ conceptualization of the problem within this context. In developing a dynamic account of DH, I conceive of politics as a distinct practice and way of life, with its own demands and standards of excellence, and draw on Machiavelli’s thought to sketch some of these. The dynamic account uncovers an inexhaustible tension between two ways of life, each with its own demands and standards of excellence: a virtuous politician should become partially vicious and no longer innocent. Understood in dynamic terms, DH in politics involves a paradox of character, not just a paradox of action as the standard, ‘static’ DH thesis suggests. (shrink)

H.L.A. Hart’s lost and found essay ‘Discretion’ has provided new insight into the issue of how legal systems can cope with indeterminacy in the law. The so-called ‘open texture’ of law calls for the exercise of judicial discretion, which, I argue, renders judges susceptible to the problem of dirty hands. To show this, I frame the problem as being open to an array of appropriate emotional responses, namely, various senses of guilt. With these responses in mind, I revise an example (...) from Michael Walzer’s original analysis in a way that highlights purely personal sacrifices in solutions to dirty hands situations. I then turn to an account of moral emotions in legal decision-making and show how judges—in failing to advance all interests—might be left with a unique sense of guilt. With an application of this account to Hart’s legal positivism, it can be seen that a judge’s hands are often dirtied in resolving borderline cases. If discretion leaves judges in situations where they must do wrong in order to do right, Hart’s endorsement of a closure view of wrongdoing will lead to difficulties in how he can explain the presence of moral remainders in jurisprudence. (shrink)

A person raised in a religious family may have been taught that going to the theater is not allowed, and even if he has rejected this taboo years ago, he still feels guilty when attending theater. These kinds of cases may not be rare, but they are strange. Indeed, one may wonder how they are even possible. This is why an explanation is needed, and in my paper I aim to give such an explanation. In particular, I will first provide (...) a brief review of the explanations of irrational guilt that are compatible with the cognitive theories of emotions, that is, theories that presuppose that there is a causal or a constitutional connection between emotions and cognitive factors, such as judgments, beliefs or thoughts. Following many other reviewers, I found most of the explanations of irrational guilt unsatisfactory, although my reasons for critical conclusions will partly differ from the usual ones. After the review, I will defend a solution according to which it is possible to believe that an act does not have any moral costs and at the same time to have an impression that is has, which explains the guilty feelings. (shrink)

Starting from the intuition, shared by many women, that the legal right to an abortion must be defended but that they themselves could never undergo one, I offer an account of why pregnancy is morally valuable and why, nevertheless, it is often permissible to end one. Developing the idea that human pregnancy centrally involves the activity of calling a fetus into personhood, I argue that the permissibility of stopping this activity hinges on the goodness or badness of one's moral luck.

This paper outlines and explores the problem of democratic dirty hands, the sui generis moral situation where democratic politicians justifiably violate both a cherished moral principle and the fundamental processes of democratic governance. Some recent contributions to the dirty-hands debate have argued that the principles of democratic governance render DDH impossible. The paper rejects this view as based on a misunderstanding of the minimal and necessary conditions for both DH and democratic overnance. However, DDH does raise interesting issues concerning the (...) complicity of citizens with their politicians’ DH. Citizens are accessories to such acts and have a duty to contribute to the reparations for the victims of DDH. Furthermore, as citizens bear some responsibility for the moral violations that were done in their name, they properly ought to feel some of the moral pollution that these actions generated. (shrink)

Starting from the intuition, shared by many women, that the legal right to an abortion must be defended but that they themselves could never undergo one, I offer an account of why pregnancy is morally valuable and why, nevertheless, it is often permissible to end one. Developing the idea that human pregnancy centrally involves the activity of calling a fetus into personhood, I argue that the permissibility of stopping this activity hinges on the goodness or badness of one's moral luck.

Virtue and deontological ethics are now commonly contrasted as rival approaches to moral inquiry. However, I argue that neither metaethical party should seek complete, solitary domination of the ethical domain. Reductive treatments of the right or the virtuous, as well as projects that abandon the former or latter, are bound to leave us with a sadly diminished map of the moral territories crucial to our lives. Thus, it is better for the two parties to seek a more cordial and equal (...) relationship, one that permits metaethical pluralism, and acknowledges mutual dependence. I do not seek to prescribe how that relationship should look: this essay offers less a positive metaethical position than a prolegomenon to such a position, one that attempts to head off harmful attempts to reduce the territory of the aretaic to that of the deontic, or that of the deontic to the aretaic. (shrink)

By making use of Aurel Kolnai's ethical writings I want to offer a more adequate understanding of moral conflicts and moral dilemmas. Insisting on Kolnai's phenomenological method, in particular, focussing on the agent's moral awareness (or conscience) and his deliberation, results in an understanding of moral conflicts as moments of moral choice rather than anomalies of moral theory. In this way, I argue that one can account for Bernard Williams's phenomenological description of moral conflicts without having to accept his anti-realist (...) conclusions. Moreover, this approach indicates the adequacy of ordinary moral reasoning for decisionmaking and action guidance. Lastly and importantly, the essay illustrates the relevance of Kolnai's writings to contemporary moral philosophy. (shrink)