Much has been written lately about cases in which blame of the blameworthy is nonetheless inappropriate because of facts about the blamer. Meddlesome and hypocritical cases are standard examples. Perhaps the matter is none of my business or I am guilty of the same sort of offense, so though the target is surely blameworthy, my blame would be objectionable. In this paper, I defend a novel explanation of what goes wrong with such blame, in a way that draws the cases (...) together. In brief, I argue that blaming is essentially an attentive activity, and that, consequently, meddlesome and hypocritical blamers are attending to the wrong things. (shrink)

People are often involuntarily laid off from their jobs through no fault of their own. Employees who are dismissed in this manner cannot always legitimately hold employers accountable for these miserable situations because the decision to implement layoffs is often the best possible outcome given the context—that is, layoffs in and of themselves may be “necessary evils.” Yet, even in circumstances in which layoffs qualify as “necessary evils,” morality demands that employers respect the dignity of those whose employment is involuntarily (...) terminated. In this paper I argue that to preserve the dignity of employees who are involuntarily terminated, in most cases employers have a substantial reason to offer a special kind of unemployment benefit, “severance pay.” To support my claim I draw and expand upon Bernard Williams’s analysis of “agent-regret,” which I believe greatly helps to address and articulate employers’ obligations in the context of involuntary termination. (shrink)

According to perspectivism about moral obligation, our obligations are affected by our epistemic circumstances. But how exactly should this claim be understood? On Zimmerman’s “Prospective View”, perspectivism is spelled out as the thesis that an option is obligatory if and only if it maximizes what Zimmerman calls “prospective value”, which is in turn determined by the agent’s present evidence. In this article, I raise two objections to this approach. Firstly, I argue that spelling out the difference between perspectivism and anti-perspectivism (...) in terms of value creates a number of problems that can be avoided by an account that proceeds in terms of reasons. Secondly, I argue that Zimmerman focuses on the wrong body of evidence, and that this commits him to an implausible solution to the problem that perspectivists face with regard to advice from better-informed sources. (shrink)

Artificial intelligence increasingly executes tasks that previously only humans could do, such as drive a car, fight in war, or perform a medical operation. However, as the very best AI systems tend to be the least controllable and the least transparent, some scholars argued that humans can no longer be morally responsible for some of the AI-caused outcomes, which would then result in a responsibility gap. In this paper, I assume, for the sake of argument, that at least some of (...) the most sophisticated AI systems do indeed create responsibility gaps, and I ask whether we can bridge these gaps at will, viz. whether certain people could take responsibility for AI-caused harm simply by performing a certain speech act, just as people can give permission for something simply by performing the act of consent. So understood, taking responsibility would be a genuine normative power. I first discuss and reject the view of Champagne and Tonkens, who advocate a view of taking liability. According to this view, a military commander can and must, ahead of time, accept liability to blame and punishment for any harm caused by autonomous weapon systems under her command. I then defend my own proposal of taking answerability, viz. the view that people can makes themselves morally answerable for the harm caused by AI systems, not only ahead of time but also when harm has already been caused. (shrink)

This paper distinguishes between synchronic responsibility (SR) and diachronic responsibility (DR). SR concerns an agent’s responsibility for an act at the time of the action, while DR concerns an agent’s responsibility for an act at some later time. While most theorists implicitly assume that DR is a straightforward matter of personal identity, I argue instead that it is grounded in psychological connectedness. I discuss the implications this distinction has for the concepts of apology, forgiveness, and punishment as well as the (...) way in which this distinction can be used to defend quality of will accounts of responsibility against objections involving psychological manipulation. I argue that the intuition that a manipulated agent is not responsible can be explained by appeal to the conditions of DR and, as such, does not unproblematically shed light on the conditions of SR. (shrink)

Moral responsibility seems to presuppose personal identity. However, there are problems with this view, raised by Derek Parfit’s arguments for the view that personal identity isn’t what matters for our practical concerns. While Parfit discusses moral responsibility only in passing, the problems that arise for the connection between moral responsibility and personal identity have recently been sharpened by David Shoemaker. This paper defends the claim that moral responsibility presupposes personal identity against these problems. It argues, first, that only reductionist views (...) about personal identity have problems with the connection between responsibility and identity, which suggests that personal identity is a non-reductionist concept. Second, it argues that while non-reductionism is problematic, there is a novel view—non-representationalism about personal identity, according to which we account for personal identity in terms of a distinctive non-representational function—that is equally well-positioned to rescue the connection as non-reductionism, without suffering from non-reductionism’s problems. (shrink)

One argument that has been suggested for conventionalism about personal identity is that it captures that certain disagreements about personal identity seem irresolvable, without being committed to the view that these disagreements are merely verbal. In this paper, I will take the considerations about disagreement used to motivate conventionalism seriously. However, I will use them to motivate a very different, novel, and as yet unexplored view about personal identity. This is the view that personal identity is a non-representational concept, the (...) nature of which isn’t to be accounted for in terms of what entity it represents, but its non-representational role. I highlight that we find structurally very similar concerns about disagreement in another philosophical debate, namely in meta-ethics. But, in meta-ethics, such sorts of considerations are, traditionally, thought to support one distinctive view: meta-ethical expressivism, a non-representational view about normative thought and discourse. This suggests that we should take a similar view seriously for personal identity. I also develop what such an unfamiliar view might look like, using expressivism as a template. On this view, judgements about personal identity are plans that regulate who to hold accountable. (shrink)

ABSTRACTOne argument that has been suggested for conventionalism about personal identity is that it captures that certain disagreements about personal identity seem irresolvable, without being committed to the view that these disagreements are merely verbal. In this paper, I will take the considerations about disagreement used to motivate conventionalism seriously. However, I will use them to motivate a very different, novel, and as yet unexplored view about personal identity. This is the view that personal identity is a non-representational concept, the (...) nature of which isn’t to be accounted for in terms of what entity it represents, but its non-representational role. I highlight that we find structurally very similar concerns about disagreement in another philosophical debate, namely in meta-ethics. But, in meta-ethics, such sorts of considerations are, traditionally, thought to support one distinctive view: meta-ethical expressivism, a non-representational view about normative thought and discourse. This suggests that we should take a similar view seriously for personal identity. I also develop what such an unfamiliar view might look like, using expressivism as a template. On this view, judgements about personal identity are plans that regulate who to hold accountable. (shrink)

This article concerns the morality of establishing regulated kidney markets in an effort to reduce the chronic shortage of kidneys for transplant. The article tries to rebut the view, recently defended by James Taylor, that if we hold autonomy to be intrinsically valuable, then we should be in favor of such markets. The article then argues that, under current conditions, the buying and selling of organs in regulated markets would sometimes violate two Kantian principles that are seen as moral constraints. (...) One principle forbids expressing disrespect for the dignity of humanity; the other forbids treating others merely as means. In light of the moral danger posed by regulated markets, the article advocates an alternative way of diminishing the current organ shortage, namely opt-out systems of cadaveric organ donation. (shrink)

This paper takes as its starting point the thesis that one is responsible for one’s actions insofar as one has the ability to act for good reasons. Such a view faces a challenge: it is plausible that only beings with the ability to reflect are responsible agents, and yet it seems that not only is it possible to act for reasons without reflecting, it seems to happen quite frequently. Thus, advocates of the rational-ability view of responsibility must either reject as (...) a necessary condition that responsible agents must have the ability to reflect, or locate a plausible role for reflective ability. In this paper, I propose and assess a variety of ways to meet this challenge. (shrink)

The demands of rationality are linked both to our subjective normative perspective (given that rationality is a person-level concept) and to objective reasons or favoring relations (given that rationality is non-contingently authoritative for us). In this paper, I propose a new way of reconciling the tension between these two aspects: roughly, what rationality requires of us is having the attitudes that correspond to our take on reasons in the light of our evidence, but only if it is competent. I show (...) how this view can account for structural rationality on the assumption that intentions and beliefs as such involve competent perceptions of downstream reasons, and explore various implications of the account. (shrink)

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all (...) it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink)

Ethical theory often starts with our intuitions about particular cases and tries to uncover the principles that are implicit in them; work on the ‘trolley problem’ is a paradigmatic example of this approach. But ethicists are no longer the only ones chasing trolleys. In recent years, psychologists and neuroscientists have also turned to study our moral intuitions and what underlies them. The relation between these two inquiries, which investigate similar examples and intuitions, and sometimes produce parallel results, is puzzling. Does (...) it matter to ethics whether its armchair conclusions match the psychologists’ findings? I argue that reflection on this question exposes psychological presuppositions implicit in armchair ethical theorising. When these presuppositions are made explicit, it becomes clear that empirical evidence can (and should) play a positive role in ethical theorising. Unlike recent assaults on the armchair, the argument I develop is not driven by a naturalist agenda, or meant to cast doubt on the reliability of our moral intuitions; on the contrary, it is even compatible with non-naturalism, and takes the reliability of intuition as its premise. The argument is rather that if our moral intuitions are reliable, then psychological evidence should play a surprisingly significant role in the justification of moral principles. (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)

This paper argues for a novel account of deceitful scientific communication, as “wishful speaking”. This concept is of relevance both to philosophy of science and to discussions of the ethics of lying and misleading. Section 1 outlines a case-study of “ghost-managed” research. Section 2 introduces the concept of “wishful speaking” and shows how it relates to other forms of misleading communication. Sections 3–5 consider some complications raised by the example of pharmaceutical research; concerning the ethics of silence; how research strategies—as (...) well as the communication of results—may be misleading; and questions of multiple authorship. The conclusion suggests some more general conclusions. (shrink)

Pre-natal-diagnosis technologies allow parents to discover whether their child is likely to suffer from serious disability. One argument for state funding of access to such technologies is that doing so would be “cost-effective”, in the sense that the expected financial costs of such a programme would be outweighed by expected “benefits”, stemming from the births of fewer children with serious disabilities. This argument is extremely controversial. This paper argues that the argument may not be as unacceptable as is often assumed. (...) In doing so, it sets out a more general framework for assessing the relevance of efficiency calculations to policy-making. The final section also investigates the relationship between the paper’s arguments and claims about parental responsibility for child-bearing and rearing, with reference to Scanlon’s work on “substantive responsibility”. (shrink)

Pre-natal-diagnosis technologies allow parents to discover whether their child is likely to suffer from serious disability. One argument for state funding of access to such technologies is that doing so would be “cost-effective”, in the sense that the expected financial costs of such a programme would be outweighed by expected “benefits”, stemming from the births of fewer children with serious disabilities. This argument is extremely controversial. This paper argues that the argument may not be as unacceptable as is often assumed. (...) In doing so, it sets out a more general framework for assessing the relevance of efficiency calculations to policy-making. The final section also investigates the relationship between the paper’s arguments and claims about parental responsibility for child-bearing and rearing, with reference to Scanlon’s work on “substantive responsibility”. (shrink)

What is the morally significant feature of discrimination? All of the following seem plausible – (i) discrimination is a kind of wrongdoing and it wrongs discriminatees, which is a matter of intrapersonal morality; (ii) in view of cases of indirect discrimination, significant normative features of discrimination are best captured in a discriminatee‐focused, or harm‐based, way; and (iii) discrimination, as an act‐type, necessarily involves interpersonal comparison. The first task of this article is to address which of intra‐ or interpersonal comparison is (...) relevant to philosophical questions concerning discrimination. I submit that each of them has a place in the theory of discrimination; while interpersonal comparison is relevant in determining whether a differentiating act counts as discrimination, intrapersonal comparison is relevant in assessing whether it is morally wrong. The second task is to develop further a harm‐based answer to the latter question. My final proposal is as follows: discrimination is pro tanto morally wrong to the extent that it makes the discriminatees worse off than they would be were it not for the discrimination at issue, where one's well‐being is understood in terms of what one endorses in one's optimum form. (shrink)

Theories of recognition have largely neglected the question of whether “struggles for recognition” might permissibly use violent means. In this article I explore the question of whether and how it is possible to show proper respect for the victim of one’s violence. Focusing on self-defense as the paradigmatic case of justified violence, two questions arise: (1) What renders an agent liable to violent action? (2) If she is liable, what is the appropriate, i.e., proportionate, degree of defensive violence that still (...) expresses respect for her? I claim that – in order to answer these questions – three dimensions of what is defended must be distinguished: goods, rights and one’s moral status. Clarifying their relationship allows me to argue that persons become liable to defensive violence if they directly pose (or intentionally and significantly contribute to) an unjustified threat to important goods protected by the rights of another person, even if they, as “attackers “or “threats “are innocent, i.e., do not display disrespect. I argue that those accounts which claim a moral symmetry between innocent attackers or threats on the one hand and innocent bystanders on the other hand, misunderstand the role of (dis) respect in a theory of justified violence. Moreover, when it comes to considerations of proportionality the dimension of (dis) respect has to be taken much more seriously than is usually the case. Here, instead of focusing mainly on the importance of goods we should pay more attention to (especially political) relationships of intersubjective (dis) respect. (shrink)

Building on the discussion between Stephen Darwall and Michael Tomassello, we propose an alternative evolutionary account of moral motivation in its two-pronged dimension. We argue that an evolutionary account of moral motivation must account for the two forms of moral motivation that we distinguish: motivation to be partial, which is triggered by the affective relationships we develop with others; and motivation to be impartial, which is triggered by those norms to which we give impartial validity. To that aim, we present (...) the second-person standpoint of morality, first as Darwall conceives of it, and then as we reinterpret it from a naturalistic approach. Then we synthesize Tomasello’s evolutionary account of morality, and Darwall’s objections to it. To reply to those objections, building on Tomasello’s proposal, we argue that the motivation to be impartial, and the feeling of obligation to comply with normative requirements, appeared when humans anticipated and, critically, internalized others’ sanctions to the violation of social norms. Consequently, we posit that social norms and sanctions appeared first at the community level, and only after that were they internalized in the form of self-directed reactive attitudes. Finally, we derive some corollaries that follow from our proposal. (shrink)

Common-sense morality divides acts into those that are right and those that are wrong, but it thinks some wrong acts are more seriously wrong than others, for example murder than breaking a promise. If an act is more seriously wrong, you should feel more guilt about it and, other things equal, are more blameworthy for it and can deserve more punishment; more serious wrongs are also more to be avoided given empirical or moral uncertainty. This paper examines a number of (...) different views about what makes for more serious wrongness and considers the possibility that this may be different for acts that violate deontological vs. consequentialist duties. It also asks whether there’s a parallel concept that admits of degrees on the side of rightness, one of being, as we can say, more importantly right. (shrink)

Many ethicists maintain that medical research on human subjects that presents no prospect of direct medical benefit must have a prospect of social benefit to be ethical. Payment is not the sort of benefit that justifies exposing subjects to risk. Alan Wertheimer has raised a serious challenge to this view, pointing out that in industry, social value is not considered necessary to make dangerous jobs ethical. This article argues that Wertheimer was correct to think that the ethics of hazard pay (...) should be the same in medical research and in business. Nevertheless, a qualified social benefit requirement should apply in both fields. For a study or a job with significant net physical risk to be ethical, it must have social value beyond the satisfaction of ordinary preferences, including the preference for money. The requirement derives from a non-absolutist version of the doctrine of double effect. If a risky study or a dangerous job has no distinctive social value, and hazard pay is subjects' or workers’ only reason to undergo risks, the very fact that they undergo risk is intended as a means to a financial end. Inviting people to enrol in such a study or to take such a job wrongfully treats people as mere means. By contrast, if a study or a job has social value, people can participate with a primary end other than money, even if they accept compensation. Researchers or employers do not intend but merely foresee risks to subjects or workers. (shrink)

Does the content of a physically dangerous job affect the moral permissibility of hiring for that job? To what extent may employers consider costs in choosing workplace safety measures? Drawing on Kantian ethical theory, this article defends two strong ethical standards of workplace safety. First, the content of a hazardous job does indeed affect the moral permissibility of offering it. Unless employees need hazard pay to meet basic needs, it is permissible to offer a dangerous job only if prospective employees (...) have a reason other than hazard pay to choose this job instead of safer alternatives. Second, employers typically cannot justify omitting expensive safety measures by paying employees more, even if employees prefer higher pay to greater safety. Employers offering dangerous jobs must meet these two standards to avoid treating their employees merely as means. (shrink)

The purpose of this article is to discuss the criminalization of conduct based on human dignity arguments. It proposes a modest version of integrating human dignity into discussions about criminalization. After a critical examination of both the notion of “human dignity as an objective value” and the assumption that the meaning of human dignity can be explained by referring to Kant’s moral philosophy, human dignity violations are characterized as severe humiliations.

This paper addresses a recent puzzle in the ethics of emotions concerning the fitting duration of emotions. On the one hand, many of our emotions tend to fade with time and can seem to do so fittingly. Think of attitudes like anger, grief, and regret. On the other hand, it's difficult to see how it could be fitting for these feelings to fade since the facts that make them fitting can seem to persist. This is the puzzle in brief; that (...) of explaining how certain feelings can fittingly fade with time. This paper argues that this puzzle has no general solution: in a wide range of true‐to‐life cases our fitting feelings remain fitting forever, until the day that we die. I conclude by exploring the normative significance of this result and its implications for the ethics of attitudes more generally. (shrink)

The role of responsibility in our common-sense morality of self-defense is complex. According to common-sense morality, one can sometimes use substantial, even deadly, force against people who are only minimally responsible for posing a threat to us. The role of responsibility in self-defense is thus limited. However, responsibility is still sometimes relevant. It sometime affects how much force you can use against a threatener: less if they are less responsible and more if they are more responsible. Is there a well-motivated (...) theory that can explain both why the role of responsibility is limited and why it is sometimes relevant? It is hard to see what theory could unify these disparate elements of our common-sense morality, and if one cannot be found then we may simply have to revise some of our pre-theoretic beliefs. But it would be an important advantage of a theory if it could justify those beliefs. I will argue that there is a theory of this kind: surprisingly, the familiar rights theory of self-defense, defended by Judith Thomson, can do so if it is suitably supplemented. Along the way I will survey some alternative theories of self-defense and show why they are not up to the task. (shrink)

Rawls developed a contractualist theory of social justice and Scanlon attempted to extend the Rawlsian framework to develop a theory of rightness, or morality more generally. I argue that there are some good reasons to adopt a contractualist theory of social justice, but that it is a mistake to adopt a contractualist theory of rightness. I begin by illustrating the major shared features of Scanlon and Rawls’ theories. I then show that the justification for these features in Rawls’ theory, the (...) centrality of cooperative fairness to social justice, cannot be used to defend their use in Scanlon’s. Finally, I argue that Scanlon has not provided an adequate alternative defense of these features, and show that they create problems when contractualists try to explain major features of our common-sense morality. (shrink)

Issue Title: Moral Luck, Social Networking Sites, and Trust on the Web I argue that the problem of 'moral luck' is an unjustly neglected topic within Computer Ethics. This is unfortunate given that the very nature of computer technology, its 'logical malleability', leads to ever greater levels of complexity, unreliability and uncertainty. The ever widening contexts of application in turn lead to greater scope for the operation of chance and the phenomenon of moral luck. Moral luck bears down most heavily (...) on notions of professional responsibility, the identification and attribution of responsibility. It is immunity from luck that conventionally marks out moral value from other kinds of values such as instrumental, technical, and use value. The paper describes the nature of moral luck and its erosion of the scope of responsibility and agency. Moral luck poses a challenge to the kinds of theoretical approaches often deployed in Computer Ethics when analyzing moral questions arising from the design and implementation of information and communication technologies. The paper considers the impact on consequentialism; virtue ethics; and duty ethics. In addressing cases of moral luck within Computer Ethics, I argue that it is important to recognise the ways in which different types of moral systems are vulnerable, or resistant, to moral luck. Different resolutions are possible depending on the moral framework adopted. Equally, resolution of cases will depend on fundamental moral assumptions. The problem of moral luck in Computer Ethics should prompt us to new ways of looking at risk, accountability and responsibility.[PUBLICATION ABSTRACT]. (shrink)

According to some philosophers, if moral agency is understood in behaviourist terms, robots could become moral agents that are as good as or even better than humans. Given the behaviourist conception, it is natural to think that there is no interesting moral difference between robots and humans in terms of moral agency (call it the _equivalence thesis_). However, such moral differences exist: based on Strawson’s account of participant reactive attitude and Scanlon’s relational account of blame, I argue that a distinct (...) kind of reason available to humans—call it _human-relative reason_—is not available to robots. The difference in moral reason entails that sometimes an action is morally permissible for humans, but not for robots. Therefore, when developing moral robots, we cannot consider only what humans can or cannot do. I use examples of paternalism to illustrate my argument. (shrink)

In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for when a (...) risk-imposition is a rights violation. The second strategy drops the claim that rights are absolute and maintains that all rights infringements generate compensation duties. It is argued that both strategies face significant practical problems of their own and that the Paralysis Problem seems fatal for a right against risk-imposition in the absence of an adequate account of the morally relevant threshold risk. (shrink)

The Philosophical Forum, Volume 52, Issue 3, Page 211-220, Fall 2021.

This paper explores variance in how people morally disapprove wrongs related to doping. The variance may pertain to what type of moral disapproval a person uses or to what they disapprove of. Our e...

Some externalists have recently argued that the unity of theoretical and practical reason implies that epistemic justification is factive. It is argued that arguments for the factivity of epistemic justification either (i) equate two actions that are in fact different, or (ii) make the unwarranted assumption that the by-relation transmits justification. The unity of reason does not imply that epistemic justification is factive.

:Freedom is often analysed in terms of the absence of intentionally imposed constraints. I defend the alternative view on which the relevant constraints are those for which some agent can be held morally responsible. I argue that this best captures the relation between freedom and respect. Berlin correctly points out that intentional restrictions exhibit ill will and hence are disrespectful. However, the same holds, I argue, for restrictions that are due to indifference. Berlin also observed that it would be counterintuitive (...) if an agent could increase her freedom by changing her preferences. I criticize the argument that Dowding and Van Hees present according to which this observation counts in favour of explicating freedom in terms of intentionality. (shrink)

Future weapons will make life-or-death decisions without a human in the loop. When such weapons inflict unwarranted harm, no one appears to be responsible. There seems to be a responsibility gap. I first reconstruct the argument for such responsibility gaps to then argue that this argument is not sound. The argument assumes that commanders have no control over whether autonomous weapons inflict harm. I argue against this assumption. Although this investigation concerns a specific case of autonomous weapons systems, I take (...) steps towards vindicating the more general idea that superiors can be morally responsible in virtue of being in command. (shrink)

ABSTRACTPeople smugglers help transport migrants across international borders without authorization and in return for compensation. Many people object to people smuggling and believe that the smuggling of migrants is an evil trade. In this paper, I offer a qualified defense of people smuggling. In particular, I argue that people smuggling that assists refugees in escaping threats to their rights can be morally justified. I then rebut the objections that people smugglers exploit migrants, have defective motivations, and wrongly violate the law. (...) My conclusion is that people smuggling is sometimes a permissible way of helping refugees to evade unjust immigration restrictions and compelling states to bear their fair share of the global refugee population. (shrink)

Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons but of (...) ‘exclusionary permission’. That is, standing norms provide for permission to exclude from practical deliberation directive-reasons if given without the requisite standing, regardless of their normative weight. As such, standing is a type of second-order norm. Numerous everyday practices involve the deflection of directives, such as pervasive practices of deflecting hypocritical and officious directives. Of various possible models, the one that best captures the normative structure of these practices of deflection is the standing model. Accordingly, the normativity of standing is pervasive in our everyday practices. Establishing that standing, although a neglected philosophical idea, is a significant and independent normative concept. (shrink)

In some vicarious cases of compensation, an agent seems obligated to compensate for a harm they did not inflict. This raises the problem that obligations for compensation may arise out of circumstantial luck. That is, an agent may owe compensation for a harm that was outside their control. Addressing this issue, I identify five conditions for compensation from the literature: causal engagement, proxy, ill-gotten gains, constitution, and affiliation. I argue that only two of them specify genuine and irreducible grounds for (...) compensation, and that factors determining the agent’s obligations may be beyond their control. However, I suggest that this is unproblematic. There is thus no problem of circumstantial moral luck for compensation. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 150-170, January 2022.

Definition of the problem Few concepts in recent ethical debates have enjoyed as much popularity as the concept of discrimination. However, a comparative discussion of the concept, including its conceptual nuances and its ethical significance for health care, has so far been lacking. The aim of this paper is to develop a nuanced understanding of discrimination based on the philosophical and sociological literature against the background of ethically relevant medical and nursing scenarios. Methods Using practical examples from health care, we (...) discuss direct, indirect, and statistical discrimination; we examine the importance of intentions and the role of collective actors. In addition, we analyze which social groups may experience discrimination and the respective importance of forms of epistemic injustice. Conclusions We argue that despite its complexity, the concept offers significant added value because it allows us to highlight forms of disadvantage that go beyond the violation of individual specific rights or interests. As a knowledge-based system of great societal influence, health care exhibits some characteristics that can foster discrimination. Acknowledging this fact is essential in order to effectively address discrimination. (shrink)

Kaum ein Begriff der ethischen Debatten der letzten Jahre hat eine solche Konjunktur erlebt wie der Begriff der Diskriminierung. Eine vergleichende Erörterung des Konzepts einschließlich seiner begrifflichen Nuancen und seiner ethischen Bedeutung für das Gesundheitswesen fehlte jedoch bislang. Ziel dieses Beitrags ist die Entwicklung eines differenzierten Verständnisses von Diskriminierung auf der Basis der philosophischen und soziologischen Literatur vor dem Hintergrund ethisch relevanter medizinischer und pflegerischer Szenarios. Anhand von praktischen Beispielen aus dem Gesundheitswesen erörtern wir die Besonderheiten direkter, indirekter und statistischer (...) Diskriminierung, wir untersuchen die Bedeutung von Absichten und die Rolle von kollektiven Akteuren. Zudem diskutieren wir, welche sozialen Gruppen diskriminiert werden können und welche Rolle Formen epistemischer Ungerechtigkeit dabei spielen. Argumentiert wird, dass das Konzept trotz seiner Komplexität einen signifikanten Mehrwert bietet, weil es erlaubt, Formen der Benachteiligung aufzuzeigen, die über die Verletzung einzelner spezifischer Rechte oder Interessen hinausgehen. Als wissensbasiertes System von großem gesellschaftlichen Einfluss weist das Gesundheitswesen einige Eigenschaften auf, die Diskriminierung begünstigen können. Dies zu erkennen ist unerlässlich, um Diskriminierung wirksam entgegentreten zu können. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

This paper highlights and discusses some key positions on free will and moral responsibility that I have defended. I begin with reflections on a Strawsonian analysis of moral responsibility. Then I take up objections to the view that there is an asymmetry in freedom requirements for moral responsibility and moral obligation: obligation but not responsibility requires that we could have done otherwise. I follow with some thoughts on the viability of different sorts of semi-compatibilism. Next, I turn to defending the (...) “luck objection“ to a popular libertarian account of the control that responsibility requires. This is, roughly, the objection that when our decisions are indeterministically caused, their occurrence is a matter of responsibility-undermining luck. Finally, I comment on Frankfurt examples. (shrink)

The set with the following members is inconsistent: F-Lesson: A person can be blameworthy for performing an action even though she cannot refrain from performing it. Equivalence: ‘Ought not’ is equivalent to ‘impermissible.’ OIC: ‘Ought’ implies ‘can’ and ‘ought not’ implies ‘can refrain from.’ BRI: Necessarily, one is morally blameworthy for doing something only if it is overall morally impermissible for one to do it. Since Equivalence seems unassailable, one can escape the inconsistency by renouncing any one of the other (...) members. I first argue against BRI and then motivate a replacement for it that ties blameworthiness to belief in impermissibility. (shrink)

According to Victoria McGeer’s “scaffolding view” (SV) (McGeer 2019), responsibility is a matter of moral reasons-sensitivity (MRS) which, in turn, requires only a “susceptibility to the scaffolding power of the reactive attitudes, experienced as a form of moral address” (2019: 315). This claim prompts a prima facie challenge: doesn’t this susceptibility lead to doing the right things for the wrong reasons? Although the SV offers a nuanced and sophisticated answer to this challenge, one that moreover respects the social nature of (...) moral knowledge and the fragility of moral motivation, it does not succeed. It redefines MRS to fit our responsibility practices in a way that overlooks our (fragile) capacity for “genuine MRS.” The first and primary objective of this paper is to contrast SV-MRS with genuine MRS. The second objective is to suggest that rather than redefining MRS (which is both unwarranted and costly), we should accept that there is a gap between our practices (and thus responsible agency) and genuine MRS. (shrink)

Discussions of patient-centred care and patient autonomy in bioethics have tended to focus on the decision-making context and the process of obtaining informed consent, leaving open the question of how patients ought to be counselled in the daily maintenance of their health and management of chronic disease. Patient activation is an increasingly prominent counselling approach and measurement tool that aims to improve patients’ confidence and skills in managing their own health conditions. The strategy, which has received little conceptual or ethical (...) analysis, raises important questions about how clinicians ought to foster confidence and a sense of control in their patients without exposing them to blame, stigma and other harms. In this paper, we describe patient activation, discuss its relationship to personal responsibility, autonomy and health disparities, and make recommendations regarding its use and measurement. (shrink)

In April 1962, white segregationists paid money to African Americans agreeing to leave New Orleans. In 2010, the British National Party proposed paying non-white migrants money to leave the UK. Five years later, a landlord in New York paid African American tenants to vacate their apartments. This article considers when, if ever, it is morally permissible to pay minorities to leave. I argue that paying minorities to leave is demeaning towards recipients and so wrong. Although the payments are wrong, it (...) is not clear if they are impermissible, given the benefits for the recipients. I argue that payments are impermissible if at least one of two conditions are met: The payments demean or harm other members of society, or the payments are provided to recipients who have failed to consent to the payments. (shrink)

Could even the most ideal love justify betrayal? The author invites the reader to examine Boris Pasternak’s Doctor Zhivago through the lens of wrongdoing and forgiveness. She ponders whether Lara Antipova and Yura Zhivago can justify their actions with the beauty and the force of their love. In the light of the moral consequences of their actions, she finds such justification to be impossible. In her view the novel, culminating in the main characters’ deaths, opens itself to a transcendental sphere (...) in which wounded people are laid bare in their humanity before themselves, free of the baggage of guilt and harm, ready for conciliation. (shrink)