There is no question that Fichte's theory of conscience is central to his system of ethics. Yet his descriptions of its role in practical deliberation appear inconsistent, if not contradictory. Many scholars have claimed that for Fichte conscience plays a material role by providing the content of our moral obligations—the Material Function View. Some have denied this, however, claiming that conscience only plays a formal role by testing our moral convictions in any given case—the Formal Function View. My aim in (...) this paper is to offer a new contribution to this debate. I begin by supplying further evidence in support of the view that conscience only plays a formal function in Fichte's ethics. Then I call attention to a deeper problem this view faces, namely, that it invites an infinite regress by making one's conviction a matter of higher-order reflection. The key to overcoming this threat, I argue, lies in Fichte's doctrine of feeling, whereby the criterion of one's conviction lies, not in a cognitive state, but in an affective state. In closing, I discuss the relevance of Fichte's theory for current debates over the nature of moral error and moral deference. (shrink)

The standard account of weakness of will identifies it with akrasia, that is, with action against one's best judgment. Elsewhere I have argued that weakness of will is better understood as over-readily giving up on one's resolutions. Many cases of weak willed action will not be akratic: in over-readily abandoning a resolution an agent may well do something that they judge at the time to be best. Indeed, in so far as temptation typically gives rise to judgment shift -- to (...) a tendency to change one's judgment so that one values the tempting option as the best -- weak willed action will typically be akratic. But conversely, strong willed action now looks as though it will be akratic. I argue though that it need not be, once we distinguish between actual judgment, and dispositions to judge. Within this framework, the issue of inverse akrasia looks rather different. I argue that whilst Huckleberry Finn plausibly does show weakness of will in abandoning his resolve to turn Jim in, it is far from clear that he is akratic: a point brought out well in Twain's later additions to the text. Whilst cases of inverse akrasia are clearly theoretically possible, I suggest that, given cognitive dissonance mechanisms, they are unlikely to be very common. (shrink)

Conscience is an idea that has significant currency in liberal democratic societies. Yet contemporary moral philosophical scholarship on conscience is surprisingly sparse. This paper seeks to offer a rigorous philosophical account of the role of conscience in moral life with a view to informing debates about the ethics of conscientious objection in medicine. I argue that conscience is concerned with a commitment to moral integrity and that restrictions on freedom of conscience prevent agents from living a moral life. In section (...) one I argue that conscience is a principle of moral awareness in rational agents, and that it yields an awareness of the personal nature of moral obligation. Conscience also monitors the coherence between an agent’s identity-conferring beliefs and intentions and their practical actions. In section two I consider how human beings are harmed when they are forced to violate their conscience. Restrictions on the exercise of conscience prevent people from living in accord with their own considered understanding of the requirements of morality and undermine one’s capacity for moral agency. This article concludes with a consideration of how a robust theory of conscience can inform our understanding of conscientious objection in medicine. I argue that it is in the interest of individual practitioners and the medical profession generally to foster moral agency among doctors. This provides a prima facie justification for permitting at least some kinds of conscientious objection. (shrink)

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...) all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

Person-centered care offers a promising way to manage clinicians’ conscientious objection to providing services they consider morally wrong. Health care centered on persons, rather than patients, recognizes clinicians and patients on the same stratum. The moral interests of clinicians, as persons, thus warrant as much consideration as those of other persons, including patients. Interconnected moral interests of clinicians, patients, and society construct the clinician as a socially embedded and integrated self, transcending the simplistic duality of private conscience versus public role (...) expectations. In this milieu of blurred boundaries, person-centered care offers a constructive way to accommodate conscientious objection by clinicians. The constitutionally social nature of clinicians commits and enables them, through care mechanisms such as self-care, to optimize the quality of health care and protect the welfare of patients. To advance these conditions, it is recommended that the medical profession develop a person-centered culture of care, along with clinician virtues and skills for person-centered communication. (shrink)

In this paper I argue that Kant's claims about conscience in his moral writings of the 1790s reveal a fundamental instability in his moral philosophy. The central issue is the relationship between the moral law as the form of universality and the judgment of individuals about specific cases. Against Thomas Hill's claim that Kant has only a limited role for conscience, I argue that conscience has a comprehensive role in Kantian deliberation. I unpack the claims about conscience in the Metaphysics (...) of Morals to show that they describe conscience as both a basic act of self-consciousness and as an all-things-considered judgment. I outline the role of conscience in moral motivation, and argue that taken together Kant's writings about conscience reveal a way to rethink Kant's conception of the Fact of Reason. (shrink)