It is sometimes argued that having inconsistent desires is irrational or otherwise bad for an agent. If so, if agents seem to want a and not-a, then either their attitudes are being misdescribed – what they really want is some aspect x of a and some aspect y of not-a – or those desires are somehow 'inconsistent' and thus inappropriate. I argue first that the proper characterization of inconsistency here does not involve logical form, that is, whether the desires involved (...) have the form 'a and not-a', but rather the possibility of fulfilling all one's desires; and secondly, that the 'essential' conflicts involved in such inconsistencies are quite common and no worse for an agent than contingent conflicts. I draw implications concerning moral epistemology, moral realism and the logic of attitudes. (shrink)

Ruth Marcus has offered an account of moral dilemmas in which the presence of dilemmas acts as a motivating force, pushing us to try to minimize predicaments of moral conflict. In this paper, I defend a Marcus-style account of dilemmas against two objections: first, that if dilemmas are real, we are forced to blame those who have done their best, and second, that in some cases, even a stripped down version of blame seems inappropriate. My account highlights the importance of (...) collective responsibility in understanding dilemmas, and I suggest that it sheds light on understanding moral progress. (shrink)

In moral dilemmas, where circumstances prevent two or more equally justified prima facie ethical requirements from being fulfilled, it is often maintained that, since the agent cannot do both, conjoint obligation is overridden by Kant's principle that ought implies can, but that the agent nevertheless has a disjunctive obligation to perform one of the otherwise obligatory actions or the other. Against this commonly received view, it is demonstrated that although Kant's ought-can principle may avoid logical inconsistency, the principle is incompatible (...) with disjunctive obligation in standard deontic logic, and that it entails paradoxically that none of the conflicting dilemma actions will in fact occur. The principle appears to provide the only plausible safeguard against deontic antinomy, but cannot be admitted because of its collision with considered moral judgments. (shrink)

Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...) I argue. "If you love me, kiss me", a conditional imperative, mixes a declarative antecedent ("you love me") with an imperative consequent ("kiss me"); it is satisfied if you love and kiss me, violated if you love but don't kiss me, and avoided if you don't love me. So we need a logic of three -valued imperatives which mixes declaratives with imperatives. I develop such a logic. (shrink)

What have modern Buddhist ethicists to say about abortion and is there anything to be learned from it? A number of writers have suggested that Buddhism (particularly Japanese Buddhism) does indeed have something important to offer here: a response to the dilemma of abortion that is a 'middle way' between the pro-choice and pro-life extremes that have polarised the western debate. I discuss what this suggestion might amount to and present a defence of its plausibility.

Standard dyadic deontic logic (as well as standard deontic logic) has recently come under attack by moral philosophers who maintain that the axioms of standard dyadic deontic logic are biased against moral theories which generate moral conflicts. Since moral theories which generate conflicts are at least logically tenable, it is argued, standard dyadic deontic logic should be modified so that the set of logically possible moral theories includes those which generate such conflicts. I argue that (1) there are only certain (...) types of moral conflicts which are interesting, and which have worried moral theorists, (2) the modification of standard dyadic deontic logic along the lines suggested by those who defend the possibility of moral conflicts makes possible only uninteresting types of moral conflicts, and (3) the general strategy of piecemeal modification standard dyadic deontic logic is misguided: the possibility of interesting moral conflicts cannot be achieved in that way. (shrink)

This paper develops the first deontic logic in the context of paraconsistent logics.

According to a widely accepted philosophical model, agent-regret is practically significant and appropriate when the agent committed a mistake, or she faced a conflict of obligations. I argue that this account misunderstands moral phenomenology because it does not adequately characterize the object of agent-regret. I suggest that the object of agent-regret should be defined in terms of valuable unchosen alternatives supported by reasons. This model captures the phenomenological varieties of regret and explains its practical significance for the agent. My contention (...) is that agent-regret is a mode of valuing: a way in which the agent expresses and confers value. (shrink)

What I refer to here as the dilemma of authority arises when one ought to defer to authority; one ought to act as the more weighty reason demands; one can do either; one cannot do both. For those who reject the possibility of legitimate authority, the dilemma does not arise. Among those who accept legitimate authority, some, including Joseph Raz, presume the conflict can be resolved without remainder. In this paper, I argue that, in a moral conflict of this kind, (...) when one of the reasons for action is defeated but not cancelled, it is rational to feel regret for failing to do what one ought to do. (shrink)

According to a popular account, rationality is a kind of coherence of an agent’s mental states and, more specifically, a matter of fulfilling norms of coherence. For example, in order to be rational, an agent is required to intend to do what they judge they ought to and can do. This norm has been called ‘Enkrasia’. Another norm requires that, ceteris paribus, an agent retain their intention over time. This has been called ‘Persistence of Intention’. This paper argues that thus (...) understood norms of rationality may at times conflict. More specifically, Enkrasia and Persistence of Intention may place demands on the agent that are impossible to fulfil. In these cases, the framework of requirements does not provide us with norms that make us rational. A rival account, according to which rationality is a kind of responsiveness to one’s available reasons, can overcome the problem. (shrink)

This is an opinionated guide to the literature on epistemic dilemmas. It discusses seven kinds of situations where epistemic dilemmas appear to arise; dilemmic, dilemmish, and non-dilemmic takes on them; and objections to dilemmic views along with dilemmist’s replies to them.

Some normative theories are self-defeating. They tell us to respond to our situations in ways that bring about outcomes that are bad, given the aims of the theories, and which could have been avoided. Across a wide range of debates in ethics, decision theory, political philosophy, and formal epistemology, many philosophers treat the fact that a normative theory is self-defeating as sufficient grounds for rejecting it. I argue that this widespread and consequential assumption is false. In particular, I argue that (...) a theory can be self-defeating and still internally consistent, action-guiding, and suitable as a standard for criticism. (shrink)

Conceptual limitations restrict our epistemic options. One cannot believe, disbelieve, or doubt what one cannot grasp. I show how, even granting an epistemic ought-implies-can principle, such restrictions might lead to epistemic dilemmas: situations where each of one’s options violates some epistemic requirement. An alternative reaction would be to take epistemic norms to be sensitive to one’s options in ways that ensure dilemmas never arise. I propose, on behalf of the dilemmist, that we treat puzzlement as a kind of epistemic residue, (...) roughly analogous with guilt, appropriate only when one has violated an epistemic requirement. Sometimes, in bumping up against the limits of one’s concepts, it is appropriate to be puzzled no matter what one believes. Puzzlement can thus play the same role in an epistemic dilemmist’s theory that guilt plays in the theories of many moral dilemmists. (shrink)

According to the objection from positive duties, Kant's Formula of Universal Law is flawed because it cannot be used to derive any affirmative moral requirements. This paper offers a response to that objection and proposes a novel way to derive positive duties from Kant's formula. The Formula of Universal Law yields positive duties to adopt our own perfection and others’ happiness as ends because we could not rationally fail to will those ends as universal ends.

RésuméSelon le scepticisme anarchiste d'A. John Simmons, il n'y a pas d'obligation d'obéir à la loi dans l’état actuel des choses, car les obligations légales n'ont de légitimité que lorsqu'elles sont volontairement contractées par la plupart ou de nombreux citoyens. Cependant, la sensibilité de Simmons à la diversité des raisons et à la possibilité d'un conflit non résolu suggère une position alternative pluraliste. Celle-ci montre que les fondements de l'autorité légitime sont pluriels et incluent la justice distributive. En outre, même (...) les obligations contractées volontairement peuvent être annulées par des raisons contradictoires, comme lorsque nous sommes liés par le devoir à un régime injuste. (shrink)

An internalist slogan says that justification depends on internal factors. But which factors are those? This paper examines some common motivations favoring internalism over externalism, and says they are compatible with including dispositional and even past mental states in the internal.

The standard attribution of ought implies can rules out the possibility of Kantianism permitting the existence of moral dilemmas. Against this, I argue that Kantianism both can and should permit the existence of moral dilemmas. This new take on moral dilemmas should be of particular urgency to those hoping to radicalize Kant, I argue, because the work of oppression theorists shows that moral dilemmas are particularly likely to strike those who are already most vulnerable. The insights of oppression theory also (...) suggest that the heretofore overlooked social and political implications of moral dilemmas are just as philosophically significant as the metaethical and ethical implications. (shrink)

BackgroundThe phenomenon of ‘moral distress’ has continued to be a popular topic for nursing research. However, much of the scholarship has lacked conceptual clarity, and there is debate about what it means to experience moral distress. Moral distress remains an obscure concept to many clinical nurses, especially those outside of North America, and there is a lack of empirical research regarding its impact on nurses in the United Kingdom and its relevance to clinical practice.Research aimTo explore the concept of moral (...) distress in nursing both empirically and conceptually.MethodologyFeminist interpretive phenomenology was used to explore and analyse the experiences of critical care nurses at two acute care trauma hospitals in the United Kingdom. Empirical data were analysed using Van Manen’s six steps for data analysis.Ethical considerationsThe study was approved locally by the university ethics review committee and nationally by the Health Research Authority in the United Kingdom.FindingsThe empirical findings suggest that psychological distress can occur in response to a variety of moral events. The moral events identified as causing psychological distress in the participants’ narratives were moral tension, moral uncertainty, moral constraint, moral conflict and moral dilemmas.DiscussionWe suggest a new definition of moral distress which captures this broader range of moral events as legitimate causes of distress. We also suggest that moral distress can be sub-categroised according to the source of distress, for example, ‘moral-uncertainty distress’. We argue that this could aid in the development of interventions which attempt to address and mitigate moral distress.ConclusionThe empirical findings support the notion that narrow conceptions of moral distress fail to capture the real-life experiences of this group of critical care nurses. If these experiences resonate with other nurses and healthcare professionals, then it is likely that the definition needs to be broadened to recognise these experiences as ‘moral distress’. (shrink)

Could it be true that even though we as a group ought to do something, you as an individual ought not to do your part? And under what conditions, in particular, could this happen? In this article, I discuss how a certain kind of case, introduced by David Copp, illustrates the possibility that you ought not to do your part even when you would be playing a crucial causal role in the group action. This is because you may have special (...) agent-relative reasons against participating that are not shared by the group as a whole. I defend the claim that these are indeed cases in which you ought not to do your part in what the group ought to do. I then argue that we can expect these cases to produce a troubling kind of rational conflict. (shrink)

This paper shows that our popular account of weakness of will is inconsistent with dilemmas. In dilemmas, agents judge that they ought to do one thing, that they ought to do something else, and that they cannot do both. They must act against either of their two judgments. But such action is commonly understood as weakness of will. An agent is weak-willed in doing something if she judges that she ought to and could do something else instead. Thus, it seems (...) that, in a dilemma, the agent is weak-willed by definition. But this is puzzling: clearly, the two are different phenomena. The puzzle may support scepticism about weakness of will or dilemmas. Here, I argue that the two are consistent on a revised understanding of weakness of will. To do so, I further distinguish the mental states of an agent in a dilemma from those of a weak-willed person. (shrink)

Many theories of rational belief give a special place to logic. They say that an ideally rational agent would never be uncertain about logical facts. In short: they say that ideal rationality requires "logical omniscience." Here I argue against the view that ideal rationality requires logical omniscience on the grounds that the requirement of logical omniscience can come into conflict with the requirement to proportion one’s beliefs to the evidence. I proceed in two steps. First, I rehearse an influential line (...) of argument from the "higher-order evidence" debate, which purports to show that it would be dogmatic, even for a cognitively infallible agent, to refuse to revise her beliefs about logical matters in response to evidence indicating that those beliefs are irrational. Second, I defend this "anti-dogmatism" argument against two responses put forth by Declan Smithies and David Christensen. Against Smithies’ response, I argue that it leads to irrational self-ascriptions of epistemic luck, and that it obscures the distinction between propositional and doxastic justification. Against Christensen’s response, I argue that it clashes with one of two attractive deontic principles, and that it is extensionally inadequate. Taken together, these criticisms will suggest that the connection between logic and rationality cannot be what it is standardly taken to be—ideal rationality does not require logical omniscience. (shrink)

Moral obligation and permissibility are usually thought to be interdefinable. Following the pattern of the duality definitions of necessity and possibility, we have that something’s being permissible could be defined as its not being obligatory to not do it. And that something’s being obligatory could be defined as its not being permissible to not do it. In this paper, I argue that neither direction of this alleged interdefinability works. Roughly, the problem is that a claim that some act is obligatory (...) or permissible entails that there is a moral law, whereas a negative claim that some act is not obligatory or not permissible does not. Nevertheless, one direction of the interdefinability can potentially be salvaged. I argue that, if we do not require the conceptual possibility of moral dilemmas, then there is a way to plausibly define obligation in terms of permissibility. I conclude that permissibility is the only feasible deontic primitive. (shrink)

Some sacrifices—like giving a kidney or heroically dashing into a burning building—are supererogatory: they are good deeds beyond the call of duty. But if such deeds are really so good, philosophers ask, why shouldn’t morality just require them? The standard answer is that morality recognizes a special role for the pursuit of self-interest, so that everyone may treat themselves as if they were uniquely important. This idea, however, cannot be reconciled with the compelling picture of morality as impartial—the view that (...) we are each anyone’s equal. I propose an alternative Self-Other Symmetric account of our moral freedom: the limits on what morality may demand of us are set by the duties we owe to ourselves. I begin with a defense of the Self-Other Symmetry: the idea that we owe the same duties to ourselves—and have the same rights against ourselves—as any relevantly similar other. Because we are consenting parties to our own actions, I argue, our rights against ourselves do not function like the rights of unwilling others. Instead, they play a permissive function, allowing us to block the demand to give up what is ours. I conclude by uniting, aggravating, and trying to solve some paradoxes of supererogatory permissions, guided by the idea that morality cannot be reduced to a ranking of options from best-to-worst. Rights against oneself are an irreducible second dimension, one that we need if we are to unify rights and supererogation into an impartial moral vision. (shrink)

Desires matter. What are desires? Many believe that desire is a motivational state: desiring is being disposed to act. This conception aligns with the functionalist approach to desire and the standard account of desire's role in explaining action. According to a second influential approach, however, desire is first and foremost an evaluation: desiring is representing something as good. After all, we seem to desire things under the guise of the good. Which understanding of desire is more accurate? Is the guise (...) of the good even right to assume? Should we adopt an alternative picture that emphasizes desire's deontic nature? What do neuroscientific studies suggest? -/- Essays in the first section of the volume are devoted to these questions, and to the puzzle of desire's essence. In the second part of the volume, essays investigate some implications that the various conceptions of desire have on a number of fundamental issues. For example, why are inconsistent desires problematic? What is desire's role in practical deliberation? How do we know what we want? -/- This volume will contribute to the emergence of a fruitful debate on a neglected, albeit crucial, dimension of the mind. (shrink)

Conditional pacifism is the view that war is morally justified if and only if it satisfies the condition of not causing serious harm or death to innocent persons. Modern war cannot satisfy this condition, and is thus always unjustified. The main response to this position is that the moral presumption against harming or killing innocents is overridden in certain cases by the moral presumption against allowing innocents to be harmed or killed. That is, as harmful as modern war is, it (...) can be morally justified as a lesser evil when it alone can prevent great harm to innocents. This paper proposes that extreme cases in which only war can prevent great harm to innocents may be morally tragic. In some cases it may be both wrong to wage war to prevent great harm and wrong to fail to prevent that great harm. (shrink)

According to one picture of the mind, decisions and actions are largely the result of automatic cognitive processing beyond our ability to control. This picture is in tension with a foundational principle in ethics that moral responsibility for behavior requires the ability to control it. The discovery of implicit attitudes contributes to this tension. According to the ability argument against moral responsibility, if we cannot control implicit attitudes, and implicit attitudes cause behavior, then we cannot be morally responsible for that (...) behavior. The purpose of this paper is to refute the ability argument. Drawing on both scientific evidence in cognitive science and philosophical arguments in ethics and action theory, I argue that it is invalid and unsound because current evidence is insufficient to establish the premises that implicit attitudes are uncontrollable, that they significantly cause behavior, that responsibility always requires ability, and that even if uncontrollable attitudes did fully cause behavior, this entails that the behavior they cause is uncontrollable. The rejection of the ability argument questions the priority of the unconscious over the conscious mind in cognitive science, deprioritizes ability in theories of moral responsibility in ethics, and provides a strong reason to uphold moral responsibility for implicitly biased behavior. (shrink)

The guilt left by immoral actions is why moral duties are more pressing and serious than other reasons like prudential considerations. Religions talk of sin and karma; the secular still speak of spots or stains. I argue that a moral staining view of guilt is in fact the best model. It accounts for guilt's reflexive character and for anxious, scrupulous worries about whether one has transgressed. To understand moral staining, I borrow Christine Korsgaard's view that we construct our identities as (...) agents through our actions. The contribution of immoral actions to self-constitution explains why moral obligations have priority and importance. (shrink)

This essay advances a libertarian theory of moral rights, which responds effectively to some serious objections that have been raised against libertarianism. I show how libertarianism can explain children’s rights to certain physical integrity and aid. I defend strong moral rights of human, pre-natal organisms, infants and children against all agents to certain non-interference with their physical integrity. I also argue that parents’ moral obligation to aid their offspring follows from a moral principle that prohibits agents to actively harm rights-bearers. (...) Since this is the core principle of all versions of libertarianism, we gain simplicity and coherence. In chapter two, I explain my theory’s similarities and differences to a libertarian theory of moral rights advanced by Robert Nozick in his 1974 book Anarchy, State, and Utopia. I explain the structure and coherence of negative moral rights as advanced by Nozick. Then, I discuss what these negative rights are rights to, and the criteria for being a rights-bearer. In chapter three, I formulate a clear distinction between active and passive behaviour, and discuss the moral importance of foreseeing consequences of one’s active interventions. In chapter four, I claim that some pre-natal human organisms, human infants, and children, are rights-bearers. I formulate a morally relevant characterization of potentiality, and argue that possession of such potentiality is sufficient to have negative rights against all agents. In chapter five, I discuss whether potential moral subjects, in addition, have positive moral rights against all agents to means sufficient to develop into actual moral subjects. I argue that this suggestion brings some difficulties when applied to rights-conflicts. In chapter six, I argue that potential moral subjects’ rights to means necessary to develop into actual moral subjects can be defended in terms of merely negative rights. By adopting the view advanced in this chapter, we get a simple, coherent theory. It avoids the difficulties in the view advanced in chapter five, while keeping its intuitively plausible features. In chapter seven, I discuss whether the entitlement theory is contradictory and morally repugnant. I argue that my version of the entitlement theory is not. (shrink)

In this paper I would like to make a contribution to the debate on rights-talk and duties-talk relationship and priority by addressing the problem from a peculiar angle: that of moral conflicts and dilemma. My working hypothesis is that it should be possible to identify some basic and relevant normative features of rights-talk and duties-talk by observing how they modify the description of moral conflicts. I will try to show that both rights and duties posses original and irreducible normative features, (...) and that these latter can be employed in a general assessment of their pro and con. I will first show the conceptual relationship between rights and duties, analyzing in the process a deflationary argument for rights. Second, I will define the general features of moral conflict and dilemma. I will then analyze the different readings that can be given, taking rights or duties as standpoints, of two kinds of moral conflicts: «asymmetric» and «symmetric» conflicts. (shrink)

A moral dilemma is a situation where an agent’s obligations conflict. Debate in this area focuses on the question of whether genuine moral dilemmas exist. This question involves considering not only the nature and significance of dilemmas, but also the connections between dilemmas, the logic of obligation and moral emotions.

In this chapter, we begin by sketching in the broadest possible strokes the ideas behind two formal systems that have been introduced with to goal of explicating the ways in which reasons interact to support the actions and conclusions they do. The first of these is the theory of defeasible reasoning developed in the seminal work of Pollock; the second is a more recent theory due to Horty, which adapts and develops the default logic introduced by Reiter to provide an (...) account of reasons. However, the implementations are complex enough, in both cases, to prevent anything more than this sketch. And we would not want to give the impression that we think that work on the logic of reasons must follow the path mapped out in either of these theories—indeed, we feel that the field is wide open. In the remainder of the chapter, therefore, will concentrate on a number of issues bearing on the logic of reasons that are either not treated in the work of Pollock and Horty, or whose treatment there is, we feel, either inadequate or incomplete. These are: first, the question of whether it is necessary to understand logical interactions among reasons themselves, rather than simply between reasons and the actions or conclusions they support, and if so, what principles might govern these interactions; second, priority relations among reasons and the notion of reason accrual; and third, some problems posed by undercutting defeat. (shrink)

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)

This paper develops a typology of moral problems in business. The cross-classification of two fundamental dimensions of ethical conduct: judgment and motivation, is employed to distinguish four types of moral problems: genuine dilemmas, compliance problems, moral laxity, and no-problem problems. Actual cases are brought to illustrate each type of problem, and corresponding coping strategies are presented. The paper highlights the need to design a dynamic strategy that will take into account the relationships among different types of ethical problems. In its (...) capacities as both an analytical tool for identifying and clarifying an ethical problem and a strategic tool for handling it, the typology has direct implications for developing ethical awareness, assigning accountability, and unfolding typical rationalizations in business activity. (shrink)

In this paper I argue that a phenomenological account of moral sense-bestowal can provide valuable insight into the possibility of moral dilemmas. I propose an account of moral sense-bestowal that is grounded in the phenomenology of expression that Maurice Merleau-Ponty developed throughout the course of his philosophical work, and most explicitly in the period immediately following the publication of Phenomenology of Perception. Based on this Merleau-Pontian account of moral sense-bestowal, I defend the view that there are genuine moral dilemmas, i.e., (...) that we can be faced with situations of conflicting oughts that we cannot resolve without moral remainder. (shrink)

In this paper, I work within Ruth Marcus’s account of the source of moral dilemmas and articulate the implications of her theory for collective responsibility. As an extension to Marcus’s work, I explore what her account means for the moral emotions and responsibilities of those complicit in perpetuating unjust systems of a non-ideal world from which moral dilemmas arise. This move necessitates shifting away from the primacy of control. That one is born into unjust systems one had no hand in (...) establishing does not excuse one from responsibility to mend them. Similarly, even if one’s personal contribution in the perpetuation of unjust systems is negligible – the injustices would continue whether one participated or not, and one’s resistance would do little-to-nothing – one nevertheless retains responsibility. This expanded sense of responsibility necessitates a specialized sort of moral emotion – one that, like agent-regret or tragic-remorse, transcends the criterion of agentic control, but nevertheless can be classified neither as agent-regret nor tragic-remorse. (shrink)

Imperative sentences like Dance! do not seem to represent the world. Recent modal analyses challenge this idea, but its intuitive and historical appeal remain strong. This paper presents three new challenges for a non-representational analysis, showing that the obstacles facing it are even steeper than previously appreciated. I will argue that the only way for the non-representationalist to meet these three challenges is to adopt a dynamic semantics. Such a dynamic semantics is proposed here: imperatives introduce preferences between alternatives. This (...) characterization of meaning focuses on what function a sentence serves in discourse, rather than what that sentence refers to (e.g., a state of the world). By representing the meaning of imperatives, connectives and declaratives in a common dynamic format, the challenges posed for non-representationalism are met. (shrink)

The continuing debate between utilitarians and deontologists often takes the form of disagreement over how particular moral dilemmas are to be resolved, but protagonists on both sides tend to overlook the possibility of resolving a dilemma “with remainder”, such as regret. The importance of “remainder” is also overlooked by critics of some “absolutist” ways of resolving or slipping between the horns of certain moral dilemmas. Moreover, deontologists, if not utilitarians, can be criticised for overlooking the possibility that, according to their (...) theory, some dilemmas may be irresolvable. Virtue ethics, with its concentration on the agent, readily accommodates both mention of “remainder” and irresolvable dilemmas, and yields a specification of “tragic” dilemmas which the other two theories might like to take on. (shrink)

Mary Anne Warren investigates a theoretical question that is at the centre of practical and professional ethics: what are the criteria for having moral status? That is: what does it take to be an entity towards which people have moral considerations? Warren argues that no single property will do as a sole criterion, and puts forward seven basic principles which establish moral status. She then applies these principles to three controversial moral issues: voluntary euthanasia, abortion, and the status of non-human (...) animals. (shrink)

In recent years, the most widespread doctrine about the conflicts between fundamental (usually constitutional) legal rights could be summarized in the following three main theses: (1) The elements in conflict are legal principles, as opposed to legal rules; (2) Those conflicts are not consequences of the existence of inconsistencies or antinomies between the norms involved, but rather depend on the empirical circumstances of the case. In other words, the norms are logically consistent and the conflicts are not determinable a priori (...) or in abstracto , but only in concreto ; and (3) The classical criteria for solving conflicts between norms, such as lex superior , lex posterior and lex specialis , are not suitable to solve conflicts among fundamental legal rights. Indeed, they require a specific method known as ‘weighing and balancing’. Although all three theses could be (and indeed have been) regarded as problematic, in this paper I address mainly the second one. I try to show that there is room for a tertium genus between antinomies (deontic inconsistencies) and conflicts caused by strict empirical circumstances that I call ‘contextual antinomies’. There are situations in which the norms involved are not inconsistent but the conflict arises for logical reasons. My thesis is that many conflicts between fundamental legal rights fall in this category. I offer, in an appendix, a proposal of formalization of this kind of conflict and the elements involved in it. (shrink)

When thinking about ethics, technology is often only mentioned as the source of our problems, not as a potential solution to our moral dilemmas. When thinking about technology, ethics is often only mentioned as a constraint on developments, not as a source and spring of innovation. In this paper, we argue that ethics can be the source of technological development rather than just a constraint and technological progress can create moral progress rather than just moral problems. We show this by (...) an analysis of how technology can contribute to the solution of so-called moral overload or moral dilemmas. Such dilemmas typically create a moral residue that is the basis of a second-order principle that tells us to reshape the world so that we can meet all our moral obligations. We can do so, among other things, through guided technological innovation. (shrink)

The use of organs obtained from executed prisoners in China has recently been condemned by every major transplant organization. The government of the People's Republic of China has also recently made it illegal to provide transplant organs from executed prisoners to foreigners transplant tourists. Nevertheless, the extreme shortage of transplant organs in the U.S. continues to make organ transplantation in China an appealing option for some patients with end-stage disease. Their choice of traveling to China for an organ leaves U.S. (...) transplant programs with decisions about how to respond to the needs of patients who return after transplantation. By discussing two cases that raised this dilemma, we argue for upholding medicine's commitments to traditional principles of beneficence and nonjudgmental regard in sorting out the policies that a transplant program should adopt. We also explain how position statements that aim for the high ground of moral purity fail to give appropriate weight to the needs and suffering of present and future patients in the U.S. and in China. (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)

Abstract.The paper offers a critical survey of two main sorts of problems hindering the possibility of conceiving deontic logic as a suitable account of the logical behaviour of (sentences expressing) legal norms. The notion of “legal norm” is viewed as the main source of the first sort of problems: (a) the typological variety of legal norms requires an account both of the differing logical behaviour of (sentences expressing) differing legal norms, and of the relations which might hold amon them; (b) (...) the ontologic, semantic, and epistemic features of legal norms shed doubt on the very attempt to figure out a logical analysis of (sentences expressing) legal norms. The notion of “systemic legal validity” is viewed as the main source of the second sort of problems: Deontic logic does not provide suitable logical tools to account for legal phenomena like enactment, derogation, and conflicts between legal norms which rely on systemic legal validity. (shrink)

On the face of it, normative conflicts are commonplace. Yet standard deontic logic declares them to be logically impossible. That prompts the question, What are the proper principles of normative reasoning if such conflicts are possible? This paper examines several alternatives that have been proposed for a logic of 'ought' that can accommodate normative conflicts, and finds all of them unsatisfactory as measured against three criteria of adequacy. It then introduces a new logic that does meet all three criteria, and (...) so allows for the possibility of genuine normative conflicts. (shrink)

Though there have been productive interactions between moral philosophers and deontic logicians, there has also been a tradition of neglecting the insights that the fields can offer one another. The most sustained interactions between moral philosophers and deontic logicians have notbeen systematic but instead have been scattered across a number of distinct and often unrelated topics. This chapter primarily focuses on three topics. First, we discuss the “actualism/possibilism” debate which, very roughly, concerns the relevance of what one will do at (...) some future time to what one ought to do at present (§2). This topic is also used to introduce various modal deontic logics. Second we discuss the particularism debate which, very roughly, concerns whether there can be any systematic general theory of what we ought to do (§3). This topic is also used to introduce various non-modal deontic logics. Third, we discuss collective action problems which concern the connection between the obligations of individuals and the behavior and obligations of groups of individuals (§4).This topic is also used to discuss formal systems that allow us to study the relationship between individuals and groups. The chapter also contains a general discussion of the relation between ethical theory and deontic logic (§1) and a brief consideration of other miscellaneous topics (§5). (shrink)

This paper responds to the Radical Behavioral Challenge to normative business ethics. According to RBC, recent research on bounded ethicality shows that it is psychologically impossible for people to follow the prescriptions of normative business ethics. Thus, said prescriptions run afoul of the principle that nobody has an obligation to do something that they cannot do. I show that the only explicit response to this challenge in the business ethics literature is flawed because it limits normative business ethics to condemning (...) practitioners’ behavior without providing usable suggestions for how to do better. I argue that a more satisfying response is to, first, recognize that most obligations in business are wide-scope which, second, implies that there are multiple ways of fulfilling them. This provides a solid theoretical grounding for the increasingly popular view that we have obligations to erect institutional safeguards when bounded ethicality is likely to interfere with our ability to do what is right. I conclude with examples of such safeguards and some advice on how to use the research findings on bounded ethicality in designing ethical business organizations. (shrink)