Garrett Cullity contends that fairness is appropriate impartiality (See Cullity (2004) Chapters 8 and 10 and Cullity (2008)). Cullity deploys his account of fairness as a means of limiting the extreme moral demand to make sacrifices in order to aid others that was posed by Peter Singer in his seminal article ‘Famine, Affluence and Morality’. My paper is founded upon the combination of (1) the observation that the idea that fairness consists in appropriate impartiality is very vague and (2) the (...) fact that psychological studies show the self-serving bias is especially likely to infect one’s judgements when the ideas involved are vague. I argue that Cullity’s solution to extreme moral demandingness is threatened by these findings. I then comment on whether some other theories of fairness are vulnerable to the same objection. (shrink)

The first question I discuss in this paper is whether we have a duty of rescue to make our organs available for transplantation after our death, a duty we owe to patients suffering from organ failure. The second question is whether political obligations, in particular the obligation to obey the law, can be derived from natural duties, possibly duties of beneficence. Such duties are normally seen as merely imperfect duties, not owed to anyone. The duty of rescue, however, is a (...) perfect one, mainly because it applies to us when we are in a unique position to provide urgent help to a person in need. The basic idea of a natural duty account of political obligation is that such unique positions can be artificially created by institutionalized coordination schemes. The remaining problem is how any particular coordination scheme could claim our allegiance rather than any other. This problem can be solved in different ways in the organ donation case, and in respect to a limited set of political obligations, mainly negative ones. A natural duty account is best seen as a constitutive part of a multiple principle theory of political obligation. (shrink)

In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey (...) the law, as the state demands, because we each have a responsibility to help rescue others when this assistance is not unreasonably costly. Though Wellman recognizes that there can be reasons for disobeying the law and resisting injustice in otherwise legitimate states, he overlooks the possibility that at least some of these reasons could be Samaritan in nature, grounded in the duty to rescue people from peril. As I shall argue, the Samaritan duty supports obligations to disobey the law, when the law prohibits Samaritan rescues, and to engage in civil disobedience, when unjust laws and practices contribute to endangering people. The discussion proceeds as follows. After a brief overview of the Samaritan duty, I articulate my case for Samaritan duties to disobey the law, and duties to engage in civil disobedience when unjust laws, institutions, or practices enable what I call ‘persistent Samaritan perils’. I then examine and respond to several objections to my account: first, that the costs of law-breaking are unreasonable, and thus cannot be morally required; second, that individuals’ particular acts of protest and civil disobedience do not appear to make any difference to the rescue, and thus cannot be required; third, that I stretch the Samaritan duty beyond recognition; and fourth, that the Samaritan duty binds us to help people in need or peril anywhere, not particularly at home. I consider in conclusion the advantages and limits of my account of citizens’ Samaritan duties in the face of injustice. (shrink)

We argue that the current ethical and regulatory framework for permissible risk levels in pediatric research can be helpfully understood in terms of children’s moral right to adequate protection from harm. Our analysis provides a rationale for what we propose as the highest level of permissible risk in pediatric research without the prospect of direct benefit: what we call “relatively minor” risk. We clarify the justification behind the usual standards of “minimal risk” and “a minor increase over minimal risk” and (...) explain why it is permissible to impose any risks at all on child participants who do not stand to benefit directly from enrollment in research. Finally, we illuminate some aspects of the concept of “best interests.”. (shrink)

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...) is allowed to operate. This conflict might be resolved either by adopting a cosmopolitan theory of justice (which leaves no room for national responsibility) or by adopting a ?political? theory of justice (which denies that questions of distributive justice can arise beyond the walls of the sovereign state). Since neither resolution is satisfactory, the chapter defends the idea of national responsibility and proposes a new theory of global justice, whose main elements are the protection of basic human rights worldwide, and fair terms of interaction between independent political communities. (shrink)

On 26 January 2021, while announcing that the country had reached the mark of 100,000 deaths within 28 days of COVID-19, UK Prime Minister Boris Johnson said that he took “full responsibility for everything that the Government has done” as part of British efforts to tackle the pandemic. The force of this statement was undermined, however, by what followed: -/- What I can tell you is that we truly did everything we could, and continue to do everything that we can, (...) to minimise loss of life and to minimise suffering... -/- Taking these sentiments together, it was hard to avoid the conclusion that the government took responsibility only for doing everything right. Such an admission of responsibility, accommodating no admission of error or wrongdoing, is not really about responsibility at all. Indeed, the UK’s pandemic response has been marked from its earliest days by a shifting of focus from institutional responsibility to personal responsibility for individual UK residents. -/- This paper explores the relationship between these two sites of responsibility—the institutional and the personal—in the context of the sort of pandemic that is ongoing as we write. Section 2 offers some initial definitions and discussions of key terms. Section 3 outlines how these two ideas interact in principle during such emergencies. Section 4 turns to the ‘non-ideal’ implications for personal responsibility of failures of institutional responsibility. While our focus is on the specific context with which we are most familiar, the UK governmental approach, where appropriate we also include examples from other states. (shrink)

Satisficing Consequentialism is often rejected as hopeless. Perhaps its greatest problem is that it risks condoning the gratuitous prevention of goodness above the baseline of what qualifies as "good enough". I propose a radical new willpower-based version of the view that avoids this problem, and that better fits with the motivation of avoiding an excessively demanding conception of morality. I further demonstrate how, by drawing on the resources of an independent theory of blameworthiness, we may obtain a principled specification of (...) what counts as "good enough". (shrink)

What does it mean to object to a moral theory, such as maximizing consequentialism, on the grounds that it is too demanding? It is apparently to say that its requirements are implausibly stringent. This suggests an obvious response: Modify the theory so that its requirements are no longer as stringent. A consequentialist may do this either by placing the requirement threshold below maximization – thereby arriving at satisficing consequentialism – or, more radically, by dispensing with deontological notions such as “requirement” (...) altogether – thereby arriving at scalar consequentialism. Suppose, however, that a moral theory’s demandingness is not a matter of its requirements being stringent, but whether it entails that we have most reason, all things considered, to undertake burdensome actions. If this is the right account of demandingness – as I shall argue – then neither modification necessarily alleviates demandingness. We are led to the surprising conclusion that neither satisficing consequentialism nor scalar consequentialism is inherently less demanding than their more familiar maximizing counterpart. They are less demanding only when supplemented with ancillary, and controversial, assumptions. (shrink)

I argue for the existence of a ‘ratcheting-up effect’: the behavior of moral saints serves to increase the level of moral obligation the rest of us face. What we are morally obligated to do is constrained by what it would be reasonable for us to believe we are morally obligated to do. Moral saints provide us with a special kind of evidence that bears on what we can reasonably believe about our obligations. They do this by modeling the level of (...) sacrifice a person can realistically bear. Exposure to moral saints thus ‘ratchets-up’ our obligations by combating a type of ignorance that would otherwise defeat those obligations. (shrink)

Dogged resistance to demanding moral views frequently takes the form of The Demandingness Objection. Premise (1): Moral view V demands too much of us. Premise (2): If a moral view demands too much of us, then it is mistaken. Conclusion: Therefore, moral view V is mistaken. Objections of this form harass major theories in normative ethics as well as prominent moral views in applied ethics and political philosophy. The present paper does the following: (i) it clarifies and distinguishes between various (...) demandingness objections in the philosophical literature, (ii) identifies a formidable and interesting form of the demandingness objection that targets a wide scope of moral views, and (iii) defuses this objection by developing a local skeptical argument from unreliability the form of which may, interestingly, be effectively deployed in other areas of philosophy. (shrink)

It is widely thought that firms that employ workers in “sweatshop” conditions wrongfully exploit those workers. This claim has been challenged by those who argue that because companies are not obligated to hire their workers in the first place, employing them cannot be wrong so long as they voluntarily accept their jobs and genuinely benefit from them. In this article, I argue that we can maintain that at least many sweatshop employees are wrongfully exploited, while accepting the plausible claim at (...) the core of many defenses of sweatshops, namely that engaging in a voluntary and mutually beneficial transaction with a person in need cannot constitute morally worse treatment of that person than doing nothing at all to benefit her. We can do this, I claim, by accepting that wealthy multinational corporations have positive duties to employ or otherwise benefit the global poor. I argue that these duties can be plausibly grounded in the fact that potential sweatshop workers are victims of global structural injustice, from which multinational corporations typically benefit. (shrink)

Peter Singer’s groundbreaking call to action in 1972, “Famine, Affluence, and Morality,” drew philosophical attention to the topic of famine and the associated suffering or preventable death of many throughout the world. Yet despite the volume of philosophical work Singer’s paper inspired, it would still be easy to suppose that global poverty is not a problem for philosophers to take seriously in itself but is rather a particularly stark illustration or instance of a more general problem, whether in ethics or (...) in political philosophy. The aim of this paper is to argue that the philosophical landscape of global poverty is both sui generis and sufficiently complex that the topic should be considered not as an instance of a more general philosophical problem but as a distinct area of normative inquiry. (shrink)

It has been suggested that understanding our obligations to address large-scale moral problems such as global poverty and the threat of severe climate change as fundamentally collective can allow us to insist that a great deal must be done about these problems while denying that there are very demanding obligations, applying to either individuals or collectives, to contribute to addressing them. I argue that this strategy for limiting demandingness fails because those who endorse collective obligations to address large-scale moral problems (...) have no grounds for denying that the relevant collectives are obligated to do what is impartially best. Specifically, I argue that appeals to the claim that collective obligations to do what is impartially best would be objectionably demanding cannot succeed, for two reasons. The first is that demandingness complaints cannot be aggregated across the individual members of a collective. And the second is that demandingness complaints cannot plausibly be asserted on behalf of collectives themselves. I conclude by suggesting some reasons to think that collective obligations to address large-scale problems will tend to imply demanding individual obligations. (shrink)

A familiar part of debates about supererogatory actions concerns the role that cost should play. Two camps have emerged: one claiming that extreme cost is a necessary condition for when an action is supererogatory, while the other denies that it should be part of our definition of supererogation. In this paper, I propose an alternative position. I argue that it is comparative cost that is central to the supererogatory and that it is needed to explain a feature that all accounts (...) agree is central to the very notion of supererogation: optionality. Perhaps because of this agreement on its importance, few attempts have been made to clarify and explain the notion of optionality. I argue that giving an account of the optionality of supererogatory requires drawing a line between doing the bare minimum permissible and going beyond the bare minimum and that this line ought to be drawn based on comparative cost of alternative permissible acts. Having outlined my account and motivated it, I discuss and reject two concerns that might be raised: firstly, that it is extreme cost, not comparative cost, that matters and, secondly, that in fact no cost is needed for an act to be supererogatory. (shrink)

In this paper we explore what sacrifices you are morally required to make to save a child who is about to die in front of you. It has been argued that you would have very demanding duties to save such a child (or any adult who is in similar circumstance through no fault of their own, for that matter), and some examples have been presented to make this claim seem intuitively correct. Against this, we argue that you do not in (...) general have a moral requirement to bear more than moderate cost to save even a child who is just in front of you. Moreover, we explain why you have a much more demanding moral requirement in certain cases by appealing to the notions of undue risk and cost sharing. (shrink)

There is no cure or vaccine for HIV/AIDS. The only life-prolonging treatment available is antiretroviral (ARV) therapy. WHO estimates, however, that less than 5 percent of those who require treatment in developing countries currently enjoy access to these medicines. In Africa fewer than 50,000 people–less than 2 percent of the people in need–currently receive ARV therapy. These facts have elicited strongly divergent reactions, and views about the appropriate response to this crisis have varied widely.The intensity of the debate concerning access (...) to life-prolonging medicines for the treatment of HIV/AIDS, and the heated rhetoric with which they are often conducted, suggest that these disagreements may be rooted in deeper disagreements of value. It is not obvious, however, what disagreements of value are at stake in this debate. By analyzing the statements of scholars, public officials, activist organizations, and private sector representatives, each of whom may endorse very different policy recommendations on access to HIV/AIDS drugs, we have identified and created a typology of the different sources of disagreement in the debate. We conclude that the central disagreements concerning access to medicines arise from competing understandings of how responsibilities for bringing remedy to hardships should be allocated to different agents and institutions. A central lesson that emerges from our analysis is that thinking about “health equity” must extend beyond the explanation and justification of goals, values, and ideals, and engage more honestly with the difficult question of how responsibilities for bringing remedy to health crises should be allocated in complex social contexts. (shrink)

Many philosophers argue that individuals have duties to do their fair shares of the demands of achieving important common ends. But what happens when some individuals fail to do their fair shares?...

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)

This article argues, first, that there is an unappreciated and difficult problem of explaining why states have positive obligations to perform certain actions—such as providing minimum protection—for all those persons in their territories and, second, that one possible solution is to locate the source of the obligations in the political power that states assume over their territories. The article analyzes the principal, superficially plausible accounts of state territorial obligations and shows that they each fail. Among the reasons for the failure (...) is that these accounts cannot explain the existence of territorial obligations in important cases where we would expect the state to have such obligations. The article then argues for an account in terms of state political power that both avoids the major problems affecting other explanations and rests on prima facie plausible moral foundations. (shrink)

Some moral principles require agents to do more than their fair share of a common task, if others won’t do their fair share – each agent’s fair share being what they would be required to do if all contributed as they should. This seems to provide a strong basis for objecting to such principles. For it seems unfair to require agents who have already done their fair share to do more, just because other agents won’t do their fair share. The (...) philosopher who has written most about this issue, however, Liam Murphy, argues that it is not unfair to do so, at least in the standard sense of that term. In this paper, I give Murphy’s reasons for saying this, explain why I think he’s wrong, and then say a little about why this issue might be important. (shrink)

Our societies are marked by anthropocentrism: most people treat animals in ways in which they would by no means treat fellow humans. One might nonetheless expect this prejudice to be much less prevalent in animal shelters since these places are created for the very sake of non-humans and generally managed by people who truly care about animal welfare. This chapter questions this expectation. It discusses three practices that are widespread in animal shelters and yet could be suspected of anthropocentrism: killing (...) animals for lack of resources, partnering with the livestock industry, and feeding animals meat. Drawing on the distinction between ideal and non-ideal theory, the chapter argues that management euthanasia and cooperation with animal agriculture are acceptable in non-ideal theory even though they would be condemned by ideal theory. Then it argues that meat-based pet food should be rejected even in the non-ideal circumstances faced by animal shelters. (shrink)

This chapter assesses theories of the nature of personal love in Anglophone philosophy from the last two decades, sketching a case for pluralism. After rejecting arationalist views as failing to accommodate cases in which love is irrational, and contemporary quality views as giving love the wrong kind of reason, it argues that other theories only account for different subsets of what a complete theory of love should explain. It therefore concludes that while love always consists in valuing someone as a (...) particular individual, there are multiple ways of doing this, corresponding to multiple kinds of love. (shrink)

Chapter 1 of this book argued that moral philosophy should be based on seven principles of theory selection adapted from the sciences. Chapter 2 argued that these principles support basing normative moral philosophy on a particular problem of diachronic instrumental rationality: the ‘problem of possible future selves.’ Chapter 3 argued that a new moral principle, the Categorical-Instrumental Imperative, is the rational solution to this problem. Chapter 4 argued that the Categorical-Instrumental Imperative has three equivalent formulations akin to but superior to (...) Kant’s formulations of the Categorical Imperative. Chapter 5 argued that my principle’s three formulations make it rational to adopt a Moral Original Position to derive moral principles. The present chapter derives Four Principles of Fairness from the Moral Original Position--principles of coercion minimization, mutual assistance, fair negotiation, and virtue—and unifies them into a single principle of rightness: Rightness as Fairness. Finally, this chapter argues that Rightness as Fairness entails a novel approach to applied ethics called ‘principled fair negotiation’, illustrating how the theory provides a plausible new framework for addressing applied cases including lying, suicide, trolleys, torture, distribution of scarce resources, poverty, and the ethical treatment of animals. (shrink)

The starting point of the paper is the frequent ascription of moral duties to states, especially in the context of problems of global justice. It is widely assumed that industrialized or wealthy countries in particular have a moral obligation or duties of justice to shoulder burdens of poverty reduction or climate change adaptation and mitigation. But can collectives such as states actually hold moral duties? If answering this affirmatively: what does it actually mean to say that a state has moral (...) obligations or duties of justice? In this paper I argue that states can be considered collective agents which can hold moral duties. If a collective holds moral duties this entails duties for its individual members. I show how depending on their position within the collective these duties differ. (shrink)

Gibt es überzeugende Überforderungseinwände gegen anspruchsvolle moralische Auffassungen? In diesem Buch werden Überforderungseinwände präzise charakterisiert, systematisch eingeordnet und argumentativ verteidigt. Unter Berücksichtigung der wichtigsten philosophischen Beiträge zum Thema wird gezeigt, weshalb gewisse Moraltheorien und -prinzipien dafür kritisiert werden können, dass sie zu viel von einzelnen Personen verlangen.

One of the ways to address the effects of skilled worker emigration is to restrict the movement of skilled workers. However, even if skilled workers have responsibilities to assist their compatriots, what if other parties, such as affluent countries or source country governments, do not fulfil their fair share of responsibilities? This discussion raises an interesting problem about how to think of individual responsibilities under partial compliance where other agents (including affluent countries, developing states, or other individuals) do not fulfil (...) their fair share of responsibilities. What is fair to expect from them? Taking health worker emigration as a case in point, I discuss whether the individual health workers’ fair share of responsibilities to address basic health care needs decreases or increases when the other parties do not fulfil their share. First, I review the responsibilities that different stakeholders may hold. Second, I argue that there are strong reasons against increasing or decreasing health workers’ fair share of responsibilities in a situation of partial compliance. I also argue that it is unfair for non-complier states to enforce health workers to fulfil their fair share or take up the slack. (shrink)

Public life abounds with examples of people whose beliefs—especially political beliefs—seem suspiciously convenient: consider, for example, the billionaire who believes that all taxation is unjust, or the Supreme Court Justice whose interpretations of what the law says reliably line up with her personal political convictions. After presenting what I take to be the best argument for the epistemological relevance of suspicious convenience, I diagnose how attempts to resist this argument rest on a kind of epistemological ideal theory, in a sense (...) to be made precise. And I argue that the ways in which this ideal theory can be deployed in defense of suspiciously convenient beliefs brings out the pernicious and distorting nature of such ideal theory in epistemology. (shrink)

The Demandingness Objection is the objection that a moral theory or principle is unacceptable because it asks more than we can reasonably expect. David Sobel, Shelley Kagan and Liam Murphy have each argued that the Demandingness Objection implicitly – and without justification – appeals to moral distinctions between different types of cost. I discuss three sets of cases each of which suggest that we implicitly assume some distinction between costs when applying the Demandingness Objection. We can explain each set of (...) cases, but each set requires appeal to a separate dimension of the Demandingness Objection. (shrink)

We best understand Rule Consequentialism as a theory of pattern-based reasons, since it claims that we have reasons to perform some action because of the goodness of the pattern consisting of widespread performance of the same type of action in the same type of circumstances. Plausible forms of Rule Consequentialism are also pluralist, in the sense that, alongside pattern-based reasons, they recognise ordinary act-based reasons, based on the goodness of individual actions. However, Rule Consequentialist theories are distinguished from other pluralist (...) theories of pattern-based reasons by implausible claims about the relative importance of act-based and pattern-based reasons in different cases. Rule Consequentialists should give up these claims. They should either embrace some other pluralist pattern-based view, or reject pattern-based reasons altogether. Note, though, that these arguments apply only to compliance-based, rather than acceptance-based, versions of Rule Consequentialism. This suggests that these two kinds of theory are more different from each other than we might previously have realised. (shrink)

Just institutions have claims on us. There are two reasons for thinking that such claims are warranted. First, one may believe that we are under a natural duty of justice to support and further just institutions. If one believes that it matters whether institutions are just, one also has a reason, almost as a matter of consistency, to support and further just institutions. Second, one may believe that by enjoying the benefits brought about by cooperation through just institutions, one incurs (...) an obligation to support these institutions. Those who accept and enjoy the benefits brought about by cooperation through a just scheme are under an obligation of fairness to reciprocate. But what happens to these reasons to support and comply with an institution if the scheme of cooperation is less than fully just? There is hardly a real-world institution, policy, or scheme of social cooperation that would qualify as fully just. However, questions about obligations of fairness and duties of justice under conditions of injustice have hitherto suffered relative neglect. I shall outline an overall framework for thinking about these questions by asking what the victims of injustice owe to moderately unjust institutions. (shrink)

We discuss the demandingness of Kant’s ethics. Whilst previous discussions of this issue focused on imperfect duties, our first aim is to show that Kantian demandingness is especially salient in the class of perfect duties. Our second aim is to introduce a fine-grained picture of demandingness by distinguishing between different possible components of a moral theory which can lead to demandingness: a required process of decision making, overridingness and the stringent content of demands, due to a standpoint of moral purity. (...) This distinction allows a specification of the sources of demandingness in Kant. The most characteristically Kantian form of demandingness springs from overridingness and purity and comes as a constant threat that an agent might find herself in a situation in which, due to no fault of her own, she is required to sacrifice everything for little to no non-moral goods. Our third aim is to discuss whether Kant has the resources to reply to those who criticize his ethics based on its demandingness. For this purpose we discuss Kant’s notion of “rationalizing” in the context of various types of current conceptions of demandingness and calls for moderate ethical theories. (shrink)

ABSTRACTThe standard view of demandingness understands demandingness exclusively as a matter of costs to the agent. The paper discusses whether the standard view must be given up because we should think of demandingness as a matter of difficulty or restriction of options. I will argue that difficulty can indeed increase demandingness, but only insofar as it leads to further costs. As to restrictions of options, I will show that confinement can become costly and thus increase demandingness in three ways, by (...) prohibiting actions that the agent wants to perform in order to promote his well-being, by limiting the development of future preferences and projects and also by making the society less open. The paper thus defends a new variant of the standard view by arguing that difficulty and restrictions of options can increase the demandingness of morality on grounds of being costly. (shrink)

Human body material removed post mortem is a particularly valuable resource for research. Considering the efforts that are currently being made to study the biochemical processes and possible genetic causes that underlie cancer and cardiovascular and neurodegenerative diseases, it is likely that this type of research will continue to gain in importance. However, post mortem procurement of human body material for research raises specific ethical concerns, more in particular with regard to the consent of the research participant. In this paper, (...) we attempt to determine which consent regime should govern the post mortem procurement of body material for research. In order to do so, we assess the various arguments that could be put forward in support of a duty to make body material available for research purposes after death. We argue that this duty does in practice not support conscription but is sufficiently strong to defend a policy of presumed rather than explicit consent. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). This reform would bring (...) drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

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

One response to the demandingness objection is that it begs the question against consequentialism by assuming a moral distinction between what a theory requires and what it permits. According to the consequentialist, this distinction stands in need of defense. However, this response may also beg the question, this time at the methodological level, regarding the credibility of the intuitions underlying the objection. The success of the consequentialist's response thus turns on the role we assign to intuitions in our moral methodology. (...) After presenting the demandingness objection to consequentialism and revealing the underlying methodological stalemate, I break the stalemate by appealing to research in the cognitive neuroscience of intuitions. Given the evidence for the hypothesis that our moral intuitions are fundamentally emotional (rather than rational) responses, we should give our intuitions a modest (rather than robust) role in our moral methodology. This rescues the consequentialist's response to the demandingness objection. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

Even though social engineering has gained a bad reputation, due to new possibilities in the information age, it may be time to reconsider Karl Popper’s conception of “piecemeal social engineering.” Piecemeal social engineering is not only an element within Popper’s open society. It also connects his political philosophy to his philosophy of science and his evolutionary epistemology. Furthermore, it seems to fit well into the search for implementation strategies for policies and social actions in the context of nonideal theory. Nevertheless, (...) this does not necessarily undermine the need for political ideals and first-order principles, which are inhabitants of “World 3.”. (shrink)

In the aftermath of Peter Singer’s ‘Famine, Affluence and Morality’, the argument he put forward received significant criticism, largely on the grounds that it demanded too much of moral agents. Several attempts have been made since to formulate moral principles that adequately express the stringency of our duties of beneficence. Richard Miller proposed one such option, which has several advantages over Singer’s principle. In particular, because it concerns our dispositions rather than operating over every possible occasion for beneficence, it avoids (...) problems of iterative demands. However, I argue that Miller’s principle is inadequate, because 1) it seems too weak, 2) it appears to be ambiguous and 3) it can give unduly harsh verdicts on unlucky moral agents. (shrink)

Trends of recent demographical development show that the world's population is aging at its fastest clip ever. In this paper, I ask whether adult children should support the life of their chronically ill parents as long as it takes, and I analyze the matter with regard to the doctrine of Confucianism. As the virtue of filial piety plays a central role in the ethics of Confucianism, adult children will face stringent demands while giving care to their chronically ill parents. In (...) this paper, I argue that because of the extreme moral demands Confucians impose on adult children, Confucianism is an objectionable moral theory. I also argue that if Confucianism allows these agents to opt out of the caregiving tasks, it may cause conflict with its own doctrines. For these reasons, I conclude that Confucianism cannot provide a defensible response to the problem of long-term caregiving. (shrink)

How should we assess the burden of moral demands? A predominant assessment is provided by what Murphy calls the baseline of factual status-quo (FSQ): A moral theory is demanding if the level of agents’ well-being is reduced from the time they begin to comply perfectly with the theory. The aims of my paper are threefold. I will first discuss the limits of the FSQ baseline. Second, I suggest a different assessment, which examines moral demands from a whole-life perspective. My view (...) is that even if agents’ compliance with a moral theory will not cause a substantial reduction to their existing level of well-being, the total quality of life that they may obtain from complying with this theory may still be lower than what they could have obtained by following some other moral theories. The third aim of this paper is that, through this investigation, I hope to explicate the relation between agents’ acceptance of a moral theory and the burden of demands that is created by it. I believe that we can achieve a more comprehensive understanding of the nature of moral demands by paying attention to the psychological development of agents as they accept and internalize a moral theory. (shrink)

Argues that there is no one it is irrational to love, that it is rational to act with partiality to those we love, and that the rationality of doing so is not conditional on love. It follows that Anscombe and Taurek are right: you are not required to save three instead of one, even when those you could save are perfect strangers.

Moral relativists often defend their view as an inference to the best explanation of widespread and deep moral disagreement. Many philosophers have challenged this line of reasoning in recent years, arguing that moral objectivism provides us with ample resources to develop an equally or more plausible method of explanation. One of the most promising of these objectivist methods is what I call the self-interest explanation, the view that intractable moral diversity is due to the distorting effects of our interests. In (...) this paper I examine the self-interest explanation through the lens of the famine debate, a well-known disagreement over whether we have a moral obligation to donate most of our income to the global poor. I argue that objectivists should reduce their confidence that the persistence of the famine debate is due to the distorting influence of self-interest. If my argument is on target, then objectivists may need to supply a stronger explanation of moral disagreement to defend their view against the threat of moral relativism. (shrink)

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

This article examines the conflict between people's associative duties and their wider obligations of global justice. After clarifying the nature of associative duties, it defends the view that such duties may be civic in nature: obtaining between citizens, not just friends and families. Samuel Scheffler's 'distributive objection' to civic associative duties is then presented in the context of global distributive injustice. Three solutions to the objection are considered. One is that the distributive objection is more a philosophical puzzle than a (...) practical problem because of the means by which global justice would be achieved. This is only partially correct. The second reply is that associative duties are additional to citizens' more cosmopolitan duties. This reply loses its purchase if global justice is conceived of in comparative terms. The third reply claims that associative duties are justified by genuine values and do not disappear even when over-ridden by more weighty moral concerns. While in practice, our duties to engineer global justice are likely to over-ride our associative duties in the near future, in ideal circumstances the two kinds of duties can co-exist. (shrink)

The idea that impartial moral theories – consequentialism and Kantian ethics in particular – were objectionably hostile to a person’s integrity was famously championed by Bernard Williams nearly 40 years ago. That Williams’‘integrity objection’ has significantly shaped subsequent moral theorizing is widely acknowledged. It is less widely appreciated how this objection has helped shape recent thinking about the nature and value of integrity itself. This paper offers a critical survey of main lines of response to this objection.

Can one give an account of a perfectly just society without invoking principles governing our responses to injustice? My claim is that addressing this question puts us in a position to reveal ambiguities and problems with the way in which Rawls draws the ideal/nonideal theory distinction that have so far gone unnoticed. In the first part of my paper, I demonstrate that Rawls’s original definition of the ideal/nonideal theory distinction is ambiguous as it is composed of two different conceptual distinctions, (...) before clarifying the distinctions involved, paying particular attention to the unfamiliar distinction between primary and secondary principles. I then show that we can best account for what Rawls is actually doing at the level of ideal and nonideal theory by invoking this distinction between primary and secondary principles. This result sets the stage for my argument in the second part. I first explain why Rawls does not have access to an understanding of the strict compliance condition that can account for the irrelevance of secondary principles for a complete account of the principles regulating a perfectly just basic structure. I then point out that there is a tension between what Rawls claims to be doing at the level of ideal theory and what he is actually doing at the level of ideal theory. On this basis, I argue that Rawls’s ideal conceptions of justice are incomplete because they do not encompass secondary principles. The Conclusion unpacks the contributions this article makes to the ideal/nonideal theory debate. (shrink)