Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...) in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. (shrink)

We aim to generate a dilemma for virtual reality-based research that we motivate through an extended case study of Judith Thomson’s (1985) Bridge variant of the trolley problem. Though the problem we generate applies more broadly than the Bridge problem, we believe it makes a good exemplar of the kind of case we believe is problematic. First, we argue that simulations of these thought experiments run into a practicality horn that makes it practically impossible to produce them. These problems revolve (...) around concepts that we call “perspectival fidelity”and “context realism.” Moral dilemmas that include features present in the Bridge variant will, as a result, be practically impossible to simulate. We also argue that, should we be wrong about the practical impossibility of creating a VR simulation of Bridge, such a simulation must face an ethical horn which renders these simulations ethically impermissible to develop or use. For these reasons, we argue that it is virtually impossible to simulate the bridge problem (and other thought experiments with similar features) both practically and ethically in VR. (shrink)

By executive order—later passed into law—President Obama closed legal loopholes used to justify torture by his predecessor. Less often discussed, his administration also instituted scientific research into the most effective interrogation techniques. This dual-track approach already demands the use of two different methods to properly discuss the policy, and in this article, a third is put forward for a fuller interdisciplinary view. That is to say, although there are notable shortcomings, scientific and legal developments will be explored to illuminate how (...) he also clarified a moral stance for the nation. Put all together, this article will show that Obama indeed achieved laudable steps towards preventing the reintroduction of torture. (shrink)

This article defends the use of fanciful examples within the method of wide reflective equilibrium. First, it characterizes the general persuasive role of described cases within that method. Second, it suggests three criteria any example must meet in order to succeed in this persuasive role; fancifulness has little or nothing to do with whether an example is able to meet these criteria. Third, it discusses several general objections to fanciful examples and concludes that they are objections to the abuse of (...) described cases; they identify no special problem with fanciful examples. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

Steinhoff defends the moral and legal permissibility of torture in a limited range of circumstances. This article criticizes Steinhoff’s arguments. The analogy between ordinary defensive violence and defensive torture which Steinhoff argues for is partly spoiled by the presence, within defensive torture, of opportunistic harm, in addition to eliminative harm. Steinhoff’s arguments that the mere legalization of defensive torture would not metastasize into a more full-fledged institutionalization of torture are also found wanting. As a minimal form of institutionalization, the mere (...) legalization of torture would already be at risk of further entrenchment and growth. (shrink)

One of the biggest challenges facing modern societies is how to monitor one’s intelligence community while maintaining the necessary level of secrecy. Indeed, while some secrecy is needed for mission success, too much has allowed significant abuse. Moreover, extending this secrecy to democratic oversight actors only creates another layer of unobserved actors and removes the public scrutiny that keeps their power and decision-making in check. This article will therefore argue for a new type of oversight through a specialised ethical whistleblowing (...) framework. This includes, first, outlining what intelligence wrongdoings justify whistleblowing; second, whether whistleblowing is the correct remedy – something not necessarily clear with intelligence; and finally, what form the whistleblowing should take. This framework will examine the Snowden case to determine whether he was correct leaking intelligence data and whether the means were appropriate, and second, whether those involved in the Central Intelligence... (shrink)

Should a Christian ethic endorse an individual’s right against torture? If so, how should its reasoning take into account considerations of common security? To answer these questions, this article first compares the early Christian ‘just war’ tradition’s pre-liberal reasoning about the ethics of harming with that of the liberal philosopher, David Rodin. It then deploys the fruits of this comparison—especially the contingency of a right against harm (partly upon social obligation), and the distinction between natural moral rights and positive legal (...) ones—in an examination of what makes torture wrong and when. Dissenting from the views of Jeremy Waldron and Jean Porter, the article concludes that a positive legal right against torture and aggressive interrogation should be granted—even though morally right cases of the latter might occur. (shrink)

In this paper, I take up the task of further examining the ticking bomb argument in favor of the use of torture. In doing so, I will focus on some recent scholarship regarding ticking bomb methodology introduced by Fritz Allhoff. I will then propose a set of ticking bomb variations which, I believe, call into question some of Allhoff's conclusions. My goal is to show that ticking bomb methodology is misguided in its attempt to justify torture insofar as its proponents (...) seem to ignore certain nonconsequentialist factors that are latent in the various types of uncertainty in real-world ticking bomb cases. Once this fact is recognized, I claim, the normative claims about torture that follow can be denied by appealing to it. I then argue that, even if we grant a certain level of uncertainty within the ticking bomb argument, torture is not justified. Rather, the implementation of torture, even if it yields positive results, is nothing more than a case of moral luck. In other words, the supposed "success" of torture in the ticking bomb cases lies entirely outside the agent's control. Thus, if the outcome of the use of torture is in no way controlled by the agent, then the agent's actions cannot be justified by appealing to that outcome. (shrink)