The tragedies of the past decade have led to an identity crisis among humanitarians. Respecting traditional principles of neutrality and impartiality and operating procedures based on consent has created as many problems as it has solved.

Despite the differences, there is some convergence between Adam Smith's and Immanuel Kant's theories of moral motivation. Both rely on a peculiar feeling, respect, as the proper source of motive in moral matters. An analysis of Smith's and Kant's conception of respect shows that both recognize that it has a specific normative import and plays a decisive role in morality. This convergence offers some support to the idea that Smith's sentimentalism and Kant's rationalism are compatible, at least as far as (...) moral motivation is at issue. (shrink)

Are there limits to what it is morally okay to imagine? More particularly, is imaginatively inhabiting morally suspect perspectives something that is off-limits for truly virtuous people? In this paper, I investigate the surprisingly fraught relation between virtue and a familiar form of imaginative perspective taking I call empathy. I draw out a puzzle about the relation between empathy and virtuousness. First, I present an argument to the effect that empathy with vicious attitudes is not, in fact, something that the (...) fully virtuous person can indulge in. At least one prominent way of thinking about the psychology of the virtuous person excludes the possibility that the virtuous could emotionally apprehend the world in a less than virtuous way, and empathizing with vicious outlooks does seem to run afoul of that restriction. Then, I develop an argument that runs in the contrary direction: virtue in fact requires empathy with vicious outlooks, at least in some situations. There is reason to think that a crucial part of being virtuous is ministering effectively to others’ needs, and there is also reason to think that other people may need to be empathized with, even if their emotional outlooks are at least minorly vicious. Finally, I outline two different solutions to this puzzle. Both solutions hold some promise, but they also bring new challenges in their train. (shrink)

When is humanitarian intervention legitimate and how should such interventions be conducted? This article sets out eight liberal principles that underlie humanitarian intervention, some of them abstract principles of international ethics and others more concrete principles that apply specifically to humanitarian intervention. It argues that whilst these principles do not determine the legitimacy of particular interventions, they should ?incline? our judgments towards approval or disapproval. The basic principles include the liberal idea that governments are the mere agents of the people, (...) that tyrannical governments forfeit their legal protections, that human rights entail obligations for governments, that justifiable intervention must intend the end of tyranny or anarchy, that the doctrine of double-effect should be respected, that intervention is only warranted in severe cases, that intervention be welcomed by those it is intended to save, and that ideally it is welcomed by the community of democratic states. (shrink)

This paper explores the role that empathy can play in the interpretation of constitutional rights. It starts by analyzing the complex concept of empathy, comparing it with similar yet distinct concepts such as projection, sympathy and emotional contagion, then it discusses the widespread distrust of empathy among lawyers and legal thinkers. It will be argued that empathy can play a significant role in the interpretation of constitutional rights, mostly in identifying the interests and needs put forward in the claims and (...) counterclaims of the parties. In the final section, the impact of empathetic judging on judicial minimalism will be briefly discussed. (shrink)