Every tenable ethical theory must have an account of moral virtue and vice. Julia Driver has performed a great service for utilitarians by developing a utilitarian account of moral virtue that complements a broader act-based utilitarian ethical theory. In her view, a moral virtue is a psychological disposition that systematically produces good states of affairs in a particular possible world. My goal is to construct a more plausible version of Driver’s account that nevertheless maintains its basic integrity. I aim to (...) accomplish this goal by developing four problems concerning admiration and luck for Driver’s account. Subsequently, I modify the account in a way that partially or entirely mitigates each difficulty. Finally, I attempt to undermine Driver’s rationale for rejecting the modification and explore how well the modified account of moral virtue fits with utilitarian accounts of right action. (shrink)

This paper responds to arguments that polyamorous groups or care networks do not qualify for equal treatment with marriages. It refutes the points that polyamory is inherently hierarchical or unstable, that there are too few people in such arrangements to mount an argument for recognition, that polyamory harms children, and that there are insurmountable legal and practical hurdles to network marriage. Finally, it respond to the charge that extending recognition to polyamorists will devalue the recognition of same-sex marriage.

It has been suggested that a rational being stands in what is called a “second-personal relation” to herself. According to philosophers like S. Darwall and Ch. Korsgaard, being a rational agent is to interact with oneself, to make demands on oneself. The thesis of the paper is that this view rests on a logical confusion. Transitive verbs like “asking”, “making a demand” or “obligating” can occur with the reflexive pronoun, but it is a mistake to assume that the reflexive and (...) the non-reflexive use exhibit the same logical grammar. The thesis that they do is in part motivated by the assumption that to show that my relation to you bears the same form as my practical self-relation is to show that, fundamentally, you are not an object for me to think about and act on, but a subject with whom to think and act together. I argue, to the contrary, that if my addressing you exhibited the same form as a relation I could literally be said to stand in to myself, then the nexus between us would be such that I am irretr.. (shrink)

In this paper I defend the view that persons have a claim to deserved treatment, including many forms of punishment, against an objection resting on the principle that it is not possible to have a claim to harmful treatment. I do not challenge this principle, but argue, rather, that the harms wrongdoers typically deserve either (a) are not genuine harms at all (for reasons relevant to their being deserved) or (b) are not relevant to the content of these wrongdoers' claims.

Although actions of individuals do contribute to climate change, the question whether or not they, too, are morally obligated to reduce the GHG emissions in their responsibility has not yet been addressed sufficiently. First, I discuss prominent objections to such a duty. I argue that whether individuals ought to reduce their emissions depends on whether or not they exceed their fair share of emission rights. In a next step I discuss several proposals for establishing fair shares and also take practical (...) considerations into account. I conclude that individuals should not always be obliged to reduce their emissions to what is their fair share for they may depend on carbon-intensive structures. Instead, they have a Kantian imperfect duty to reduce their emissions ‘as far as can reasonably be demanded of them’. In addition, they should press governments to introduce proper regulation. At the end, I further specify both duties. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

Domination consists in subjection to the will of others and manifests itself both as a personal relation and a structural phenomenon serving as the context for relations of power. Domination has again become a central political concern through the revival of the republican tradition of political thought . However, normative debates about domination have mostly remained limited to the context of domestic politics. Also, the republican debate has not taken into account alternative ways of conceptualizing domination. Critical theorists, liberals, feminists, (...) critical race theorists, and postcolonial writers have discussed domination in different ways, focusing on such problems as imperialism, racism, and the subjection of indigenous peoples. This volume extends debates about domination to the global level and considers how other streams in political theory and nearby disciplines enrich, expand upon, and critique the republican tradition’s contributions to the debate. This volume brings together, for the first time, mostly original pieces on domination and global political justice by some of this generation’s most prominent scholars, including Philip Pettit, James Bohman, Rainer Forst, Amy Allen, John McCormick, Thomas McCarthy, Charles Mills, Duncan Ivison, John Maynor, Terry Macdonald, Stefan Gosepath, and Hauke Brunkhorst. -/- Front matter and First chapter available for download. (shrink)

Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the (...) size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another “slice of cheese” to our comprehensive crime preventive system modelled along the lines of James Reason’s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred. (shrink)

A detailed, clear, and comprehensive overview of the current philosophical debate on. The question of when, and under what circumstances, the practice of torture might be justified has received a great deal of attention in the last decade in both academia and in the popular media. Many of these discussions are, however, one-sided with other perspectives either ignored or quickly dismissed with minimal argument. In On the Ethics of Torture, Uwe Steinhoff provides a complete account of the philosophical debate surrounding (...) this highly contentious subject. Steinhoff’s position is that torture is sometimes, under certain narrowly circumscribed conditions, justified, basing his argument on the right to self-defense. His position differs from that of other authors who, using other philosophical justifications, would permit torture under a wider set of conditions. After having given the reader a thorough account of the main arguments for permitting torture under certain circumstances, Steinhoff explains and addresses the many objections that have been raised to employing torture under any circumstances. This is an indispensible work for anyone interested in one of the most controversial subjects of our times. (shrink)

Does the fact that humans are vulnerable, needy and dependent beings play an important role in Kantian ethics? It is sometimes claimed that it cannot and does not. I argue that it can and does. I distinguish between broad (all persons are vulnerable) and narrow (only some persons are vulnerable) senses of vulnerability, and explain the role of vulnerability in both senses in Kantian ethics. The basis of this argument is to show that the core normative focus of Kantian ethics (...) is on the dignity that human beings have in virtue of their capacity for rational agency. This implies that the empirical conditions under which human beings can acquire, sustain, exercise, and develop their rational capacities are of core moral importance in Kantian ethics. This explains why human vulnerabilities, including the vulnerability of human bodies, are important in Kantian ethics, since rational capacities in human agents (and the bodies those rational capacities depend upon) are highly vulnerable in all persons (vulnerability in the broad sense) and especially vulnerable in some sub-groups of persons (vulnerability in the narrow sense). (shrink)

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)

Kant’s Formula of Humanity (FH) is considered by many, Kant included, to be the most intuitively appealing formulation of the categorical imperative. FH tells us that to treat persons with dignity and respect we must always treat them as ends in themselves and never as mere means. One set of issues raised by FH revolves around how FH is to be justified or grounded and how it relates to the other formulations of the categorical imperative. This set of issues, though (...) important, is not our focus here. Instead, we shall focus on a different set of issues: how do we apply or use this formula in practice, that is, how does this principle work as a moral guide to what duties and obligations we have in particular cases? This paper will seek to answer that question by defending an interpretation and rational reconstruction of FH in terms of two subsidiary principles, the Mere Means Principle (MMP), which grounds perfect duties, and the Ends in Themselves Principle (ETP), which grounds imperfect duties. These two principles will then be applied to a number of examples to illustrate how they work. (shrink)

Although stakeholder theory is concerned with stakeholder engagement, substantive operational barometers of engagement are lacking in the literature. This theoretical paper attempts to strengthen the accountability aspect of normative stakeholder theory with a more robust notion of stakeholder engagement derived from the concept of good faith. Specifically, it draws from the labor relations field to argue that altered power dynamics are essential underpinnings of a viable stakeholder engagement mechanism. After describing the tenets of substantive engagement, the paper draws from the (...) labor relations and commercial law literatures to describe the characteristics of good faith as dialogue, negotiation, transparency, and totality of conduct; explains how they can be adapted and applied to the stakeholder context; and suggests the use of mediation and non-binding arbitration. The paper concludes by addressing anticipated objections and shortcomings and discussing implications for theory and research. (shrink)

The concept of moral identity based on virtue ethics has become an issue of considerable import in explaining moral behavior. This attempt to offer adequate explanations of the full range of morally relevant human behavior inevitably provokes boundary issues between ethics and moral psychology. In terms of the relationship between the two disciplines, some argue for ?naturalized (or psychologized) morality,? whereas, on the other hand, others insist on ?moralized psychology.? This article investigates the relationship between virtue ethics and moral identity (...) based on previous research on the relationship between ethics and moral psychology. This article especially attempts to show that meaningful links between the two concepts possible by using theoretical frameworks constructed by the most influential philosophers of science such as Kuhn and Lakatos. (shrink)

Freedom can be seen as individual’s capacity to choose between alternatives. As such, it stands in a dialectical relationship to its environment that both imposes constraints on freedom and allows carrying it out. Yet if we see liberty as freedom’s social accommodation, how would freedom shape liberty, and how would liberty accommodate freedom? As a capacity for choice, freedom is formal. Negative liberty, or freedom from, protects this capacity yet does not give it content. To make freedom meaningful, its societal (...) accommodation has ensure that the choice can be carried out – in terms of accessing alternatives, understand them, and making informed choices. The paper, using the tools provided by the Hegelian philosophy and by information theory, explores the concept of liberty as an enabler of freedom and the role of knowledge in its enablement. This exploration leads us to specific positive rights that are necessary to make freedom meaningful. (shrink)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical reason, he (...) attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

This paper explores the ambiguous notion of bodily integrity, focusing on male and female circumcision. In the empirical part of the study we describe and analyse the various meanings that are given to the notion of bodily integrity by people in their daily lives. In the philosophical part we distinguish (1) between a person-oriented and a body-oriented approach and (2) between four levels of interpretation, i.e. bodily integrity conceived of as a biological wholeness, an experiential wholeness, an intact wholeness, and (...) as an inviolable wholeness. We argue that bodily integrity is a prima facie principle in its own right, closely connected with, but still fundamentally different from, the principle of personal autonomy, that is, autonomy over the body. (shrink)

If our sense of happiness is closely connected to brain functions, it might become possible to manipulate our brain in a much more refined and effective way than current methods allow. In this paper I will make some remarks on the manipulation of the sense of happiness and illuminate the relationship between human dignity and happiness. The President’s Council on Bioethics discusses this topic in the 2003 report Beyond Therapy, and concludes that the use of SSRIs might make us “feel (...) happy for no good reason at all, or happy even when there remains much in one’s life to be truly unhappy about.” I will extend their line of thought through two thought experiments. In the first, a “perfect happiness” drug is given to a person, and in the second a happiness device with an on/off switch is placed inside a person. The first case leads us to conclude that a life with dignity means a life free from domination by the sense of happiness and the sense of unhappiness. The second case leads us to conclude that a life with dignity requires substantive freedom to choose unhappiness. At the end of this paper, I present a new interpretation of “human dignity,” that is, “a life with dignity means a life in which we are able to explore our own life, equipped with both happiness and unhappiness, without regret, through relationships with others, without being exploited by the desires of anyone, and without being dominated by our own desires.”. (shrink)

I first characterize a moral mistake in coercion. The principle of independence with which I criticize coercion seems also to condemn exchange. I propose an account of exchange from which it follows that exchange upholds independence after all. In support of that account I argue that, of the accounts of exchange that occur to me, only this one has the consequence that, on general assumptions, a person can take part in exchange while acting, intending, and believing with sufficient reason. I (...) argue that the hiring of very poor people by very rich people for labor from which the rich draw a substantial surplus does not give rise to an exchange of this kind. These instances of the wage labor relation resemble coercion insofar as they violate independence. (shrink)

Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...) that makes it so hostile to his person. This paper develops an analysis of the subjective aspect of coercion whereby this hostility is explained. It is argued that coercion is not just a matter of interference with one's agency, but also affects one's morality. Because coercion is a form of subjugation it does more than merely limit one's freedom, it constitutes an affront to one's dignity as well. A new account of coercion is developed that pays particular attention to the subjectivity inherent in coercion. This account takes a middle ground in the ongoing debate between advocates of moralised and non-moralised conceptualisations of coercion. The paper closes by applying this account to two prominent issues in the literature on coercion: the use of coercion claims in attempts to avoid being held responsible for one's actions, and the coercíveness of the law. (shrink)

A strong distinction is often made between personal autonomy and moral autonomy. Personal autonomy involves governing yourself in the pursuit of your own conception of the good. Moral autonomy involves legislating the moral law for yourself. Viewed in this way personal autonomy seems at best marginal and at worst a positive hindrance to moral autonomy, since personal autonomy can conflict with moral autonomy. Given that Kantian approaches to morality are closely aligned with moral autonomy, does that mean that the Kantian (...) must view personal autonomy as a moral hindrance? Can there be a legitimate role for personal autonomy within Kant’s ethical framework? This paper will seek to argue: that personal and moral autonomy need not be seen as in tension or at odds with one another; that Kant defends an attractive weak substantive theory of personal autonomy; that socialisation plays an important role (both positive and negative) in the development of autonomy competences in Kant’s theory; and that personal autonomy (properly understood) has an essential role to play in Kant’s ethical framework. (shrink)

This article argues that James Seth provides illuminating contributions to our understanding of law and, more specifically, the natural law tradition. Seth defends a unique perspective through his emphasis on personalism that helps identify a distinctive and compelling account of natural law and legal moralism. The next section surveys standard positions in the natural law tradition. This is followed with an examination of Seth's approach and the article concludes with analysis of its wider importance for scholars of Seth's work as (...) well as legal philosophers more generally. (shrink)

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...) challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

There is a disturbing kind of situation that presents agents with only two possibilities of moral action—one especially praiseworthy, the other condemnable. I describe such scenarios and argue that moral action in them exhibits a unique set of parameters: performing the commendable action is especially praiseworthy; not performing is not blameworthy; not performing is wrong. This set of parameters is distinct from those which characterize either moral obligation or supererogation. It is accordingly claimed that it defines a distinct, yet unrecognized, (...) deontic category, to which the name ‘Forced Supererogation’ is appropriate. The moral parameters of Forced Supererogation and the relations between them are discussed, especially the divergence of wrongness and blame. I argue that this new category allows a more accurate classification of moral actions than that imposed by the strained dichotomy of obligation versus supererogation. (shrink)

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...) he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

This essay tries to show that there exist several passages where Kierkegaard (and his pseudonyms) sketches an argument for the existence of God and immortality that is remarkably similar to Kant's so-called moral argument for the existence of God and immortality. In particular, Kierkegaard appears to follow Kant's moral argument both when it comes to the form and content of the argument as well as some of its terminology. The essay concludes that several passages in Kierkegaard overlap significantly with Kant's (...) moral argument, although Kierkegaard ultimately favors revealed faith over natural theology in general and Kant's moral faith in particular. Whereas Kant uses the moral argument to postulate the existence of God and immortality, Kierkegaard mainly uses it as a reductio ad absurdum of non-religious thinking. (shrink)

This article draws on the moral philosophy of Immanuel Kant to explore whether a corporate ‘duty of beneficence’ to non-shareholders is consistent with the orthodox ‘shareholder theory’ of the firm. It examines the ethical framework of Milton Friedman’s argument and asks whether it necessarily rules out the well-being of non-shareholders as a corporate objective. The article examines Kant’s distinction between ‘duties of right’ and ‘duties of virtue’ (the latter including the duty of beneficence) and investigates their consistency with the shareholder (...) theory. The article concludes that it is possible within the ethical framework of shareholder theory for managers to pursue directly the happiness of non-shareholders. Furthermore, shareholders have a duty to hold management to account for the moral consequences of the firm’s activities on non-shareholding stakeholders. (shrink)

Many philosophers have objected to Kant’s account of duties regarding non-human nature, arguing that it does not ground adequate moral concern for non-human natural entities. However, the traditional interpretation of Kant on this issue is mistaken, because it takes him to be arguing merely that humans should abstain from animal cruelty and wanton destruction of flora solely because such actions could make one more likely to violate one’s duties to human beings. Instead, I argue, Kant’s account of duties regarding nature (...) grounds much stronger limitations on how humans may treat non-human animals and flora, since such duties are rooted in the imperfect duty to increase one’s own moral perfection. This duty proscribes actions affecting non-human nature that decrease one’s moral perfection, such as those that cause organisms unnecessary harm. Moreover, the duty to moral perfection prescribes (but does not strictly require) actions affecting non-human nature that increase one’s moral perfection, such as those that benefit organisms. Given this interpretation, I show that, contrary to a widely held view, Kant’s moral philosophy can ground a coherent and robust approach to environmental ethics. (shrink)

Many recent writers in the virtue ethics tradition have followed Aristotle in arguing for a distinction between virtue and continence, where the latter is conceived as an inferior moral condition. In this paper I contend that rather than seeking to identify a sharp categorical difference between virtue and continence, we should see the contrast as rather one of degree, where virtue is a continence that has matured with practice and habit, becoming more stable, effective and self-aware.

Care ethicists have long insisted that Kantian moral theory fails to capture the partiality that ought to be present in our personal relationships. In her most recent book, Virginia Held claims that, unlike impartial moral theories, care ethics guides us in how we should act toward friends and family. Because these actions are performed out of care, they have moral value for a care ethicist. The same actions, Held claims, would not have moral worth for a Kantian because of the (...) requirement of impartiality. Although Kantian moral theory is an impartial theory, I argue that the categorical imperative in the Formulation of Humanity as an End and the duty of respect require that we give special treatment to friends and family because of their relationships with us. Therefore, this treatment does have moral value for a Kantian. (shrink)

An apathetic life is not the sort of life that most of us would want for ourselves or believe that we have a duty to strive for. And yet Kant argues that we have a duty of apathy, a duty to strive to be without affects (Affecten) and passions (Leidenschaften). But is Kant’s claim that there is a duty of apathy really as problematic as it sounds? In arguing that it is not, this paper investigates in detail in Kant’s accounts (...) of affects and passions and defends Kant’s argument that we have a duty of apathy. This investigation reveals Kant’s nuanced view on the role that sensible motivating states play in moral agency and the development of a virtuous character. (shrink)

In this paper I argue that Kant develops, in a number of texts, a detailed three stage theory of moral development which resembles the contemporary accounts of moral development defended by Lawrence Kohlberg and John Rawls. The first stage in this process is that of physical education and disciplining, followed by cultivating and civilising, with a third and final stage of moralising. The outcome of this process of moral development is a fully autonomous person. However, Kant’s account of moral development (...) appears to be in tension with other elements of his moral philosophy. I identify two such tensions, which I call the knowledge and revolution tensions, and show why these tensions are illusory. As such, a proper understanding of Kant’s theory of moral development, far from exposing genuine tensions, helps rather to deepen our understanding of Kant’s moral philosophy. (shrink)

Robin Barrow claims in his ?Moral education's modest agenda? that ?the task of moral education is to develop understanding, at the lowest level, of the expectations of society and, at the highest level, of the nature of morality???[that is, that moral education] should go on to develop understanding, not of a particular social code, but of the nature of morality ? of the principles that provide the framework within which practical decisions have to be made? [Barrow, R. 2006. Moral education's (...) modest agenda. Ethics and Education 1, no. 1: 3?13.]. Barrow's words are noteworthy not only because he sets out to define the ?modest? agenda of moral education in terms of principles, but also because he asserts that education is important for teaching students to understand morality in such terms. However, even though he is arguing that understanding morality is important in terms of principles, he says little about their function or status, or how we cultivate ourselves so that we act in agreement with and are motivated by the principles of practical reason. In this article I therefore discuss two distinctive features of human beings and offer a Kantian notion of morality as a response to Barrow's development of an understanding of morality in terms of principles. I argue that the principles Kant suggests are constitutive of action, and that we both develop our understanding and also value our humanity when we act in agreement with and are motivated by the suggested principles, and cultivate our predispositions (technical, pragmatic and moral). Moreover, I argue that we reach the goal of ?a progressive organization of citizens of the earth into and toward the species as a system that is cosmopolitically united? [Kant, I. 2006b. Anthropology from a pragmatic point of view. Trans. Robert B. Louden. Cambridge: Cambridge University Press.] when we, inter alia, value our humanity and comply with the principles of practical reason, in practice. (shrink)

Kant and Nietzsche are typically thought to have diametrically opposed accounts of willing: put simply, whereas Kant gives signal importance to reflective episodes of choice, Nietzsche seems to deny that reflective choices have any significant role in the etiology of human action. In this essay, I argue that the dispute between Kant and Nietzsche actually takes a far more interesting form. Nietzsche is not merely rejecting the Kantian picture of agency. Rather, Nietzsche is offering a subtle critique of the Kantian (...) theory, denying certain aspects of it while preserving others. On a standard reading, the Kantian theory of willing is committed to three claims: (1) choice causes action, (2) motives do not determine choice, and (3) reflective deliberation suspends the effects of motives. I argue that Nietzsche accepts claims (1) and (2) while denying claim (3). I show that Nietzsche's denial of (3) is premised upon a sophisticated conception of motivation. I contend that Nietzsche's denial of (3) leads him to a new model of reflective agency. This model preserves certain Kantian insights about the nature of self-conscious agency, while embedding these insights in a more complex and arguably more plausible account of motivation. The resultant theory of agency is considerably more sophisticated than has yet been appreciated. (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

In this paper, I try to make sense of the possibility of several forms of voluntarily undertaken “sexual obligation.” The claim that there can be sexual obligations is liable to generate worries with respect to concerns for gender justice, sexual freedom, and autonomy, especially if such obligations arise in a context of unjust background conditions. This paper takes such concerns seriously but holds that, despite unjust background circumstances, some practices that give rise to ethical sexual obligations can actually ameliorate some (...) of the problems caused by such background conditions. Similarly, despite a surface appearance that sexual obligation and sexual autonomy are in tension, this need not be the case. By understanding how practices and conventions regulate the way such obligations can arise, this paper shows how supporting the possibility of sexual obligation can actually facilitate individual efforts to achieve sexual autonomy. (shrink)

Kant has often been accused of being far too “optimistic” when it comes to the extremes of evil that humans can perpetrate upon one another. In particular, Kant’s supposed claim that humans cannot choose evil qua evil has struck many people as simply false. Another problem for Kant, or perhaps the same problem in another guise, is his supposed claim that all evil is done for the sake of self-love. While self-love might be a plausible way to explain some instances (...) of evil, it seems to be an implausible way to explain instances where people imprudently act in senselessly destructive and even self-destructive ways. Can Kant handle such extreme cases of moral evil? I shall argue that Kant can handle such cases by: (1) defending Kant’s denial of the possibility of a devilish human being; (2) showing how Kant can conceptually account for agents who choose evil qua evil, and (3) putting Kant’s account of passions to work inorder to understand self-destructive evil. (shrink)

In this article, I examine anew the moral philosophy of Immanuel Kant and its contributions to educational theory. I make four claims. First, that Kant should be read as having the Categorical Imperative develop out of subjective maxims. Second, that moral self-perfection is the aim of moral education. Third, that moral self-perfection develops by children habituating the results of their moral maxims in scenarios and cases. Fourth, that character and culture, Kant’s highest aims for humanity, are the ultimate beneficiaries of (...) this process. (shrink)

The dominant conceptions of moral status in the English-speaking literature are either holist or individualist, neither of which accounts well for widespread judgments that: animals and humans both have moral status that is of the same kind but different in degree; even a severely mentally incapacitated human being has a greater moral status than an animal with identical internal properties; and a newborn infant has a greater moral status than a mid-to-late stage foetus. Holists accord no moral status to any (...) of these beings, assigning it only to groups to which they belong, while individualists such as welfarists grant an equal moral status to humans and many animals, and Kantians accord no moral status either to animals or severely mentally incapacitated humans. I argue that an underexplored, modal-relational perspective does a better job of accounting for degrees of moral status. According to modal-relationalism, something has moral status insofar as it capable of having a certain causal or intensional connection with another being. I articulate a novel instance of modal-relationalism grounded in salient sub-Saharan moral views, roughly according to which the greater a being's capacity to be part of a communal relationship with us, the greater its moral status. I then demonstrate that this new, African-based theory entails and plausibly explains the above judgments, among others, in a unified way. (shrink)

This paper takes up the question of the role of philosophical moral theory in our attempts to resolve the ethical problems that arise in health care, with particular reference to the contention that we need theory to be determinative of our choice of actions. Moral theorizing is distinguished from moral theories and the prospects for determinacy from the latter are examined through a consideration of the most promising candidates: utilitarianism, deontology and the procedures involved in reflective equilibrium. It is argued (...) that the current lack of any generally accepted method of solving moral problems, together with the extreme improbability of philosophy achieving a plausibly determinate theory, should encourage us to approach the problems in a spirit of agnosticism regarding the way in which theoretical material might be of relevance. The practical test for both moral theorizing and moral theories is thus not determinacy but the degree to which they increase our understanding of moral problems by serving, as they do in philosophy, as a means of inquiry into their nature. (shrink)

Governments are subject to the requirements of justice, yet often seem to go above and beyond what justice requires in order to act in ways many people think are good. These kinds of acts – examples of which include putting on celebrations, providing grants to poets, and preserving historic architecture – appear to be acts of government supererogation. In this paper, I argue that a common view about the relationship between government, coercion, and justice implies that most such acts are (...) not supererogatory, but wrong. Many will find that conclusion unattractive, but rejecting the common view that implies it raises problems, too. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)