BackgroundThe nature of the relationship between a clinical investigator and a research subject has generated considerable debate because the investigator occupies two distinct roles: clinician and scientist. As a clinician, the investigator has duties to provide the patient with optimal care and undivided loyalty. As a scientist, the investigator has duties to follow the rules, procedures and methods described in the protocol.Results and conclusionIn this article, I present a contextual approach to the investigator-subject relationship. The extent of the investigator's duty (...) to provide the patient/subject with clinical care can vary from one situation to the next, as a function of several factors, including: the research design, benefits and risks of the research; the subject's reasonable expectations, motivations, and vulnerabilities; the investigator's ability to benefit the subject; and the investigator's prior relationship with the subject. These and other factors need to be considered when determining the clinical investigator's obligations to provide clinical care to human research subjects. In some research contexts, the investigator has extensive clinical obligations to the patient/subject; in others, the investigator has minimal ones. (shrink)

A standard principle in ethics is that moral obligation entails ability, or that “ought implies can”. A strong case has been made that this principle is not well motivated in moral psychology. This paper presents an analogous case against the theoretical motivation for the principle. The principle is in tension with several foundational areas of ethical theorizing, including research on apologies, excuses, promises, moral dilemmas, moral language, disability, and moral agency. Across each of these areas, accepting the principle that obligation (...) entails ability creates a theoretical problem that is more easily solved by rejecting it rather than accepting it. I conclude that the motivation for the principle is weak and that “ought implies can” should be rejected in ethics on theoretical grounds. (shrink)

The question of whether AI systems such as robots can or should be afforded moral agency or patiency is not one amenable either to discovery or simple reasoning, because we as societies constantly reconstruct our artefacts, including our ethical systems. Consequently, the place of AI systems in society is a matter of normative, not descriptive ethics. Here I start from a functionalist assumption, that ethics is the set of behaviour that maintains a society. This assumption allows me to exploit the (...) theoretical biology of sociality and autonomy to explain our moral intuitions. From this grounding I extend to consider possible ethics for maintaining either human- or of artefact-centred societies. I conclude that while constructing AI systems as either moral agents or patients is possible, neither is desirable. In particular, I argue that we are unlikely to construct a coherent ethics in which it it is ethical to afford AI moral subjectivity. We are therefore obliged not to build AI we are obliged to. (shrink)

Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in far too (...) many cases. I resolve the triad by considering the content of the vows. Vows concerning love are not promises at all. We cannot promise to do acts the performance of which is outside our control, and love involves states of mind outside our control. Vows concerning spousal roles are complicated by diverse social understandings of marriage and the centrality of emotion to the roles. (shrink)

The paper argues that applications of the principle that “ought” implies “can” (OIC) depend on normative considerations even if the link between “ought” and “can” is logical in nature. Thus, we should reject a common, “factualist” conception of OIC and endorse weak “normativism”. Even if we use OIC as the rule ““cannot” therefore “not ought””, applying OIC is not a mere matter of facts and logic, as factualists claim, but often draws on “proto-ideals” of moral agency.

When we can’t live up to the ultimate standards of morality, how can moral theory give us guidance? We can distinguish between ideal and non-ideal theory to see that there are different versions of the voluntarist constraint, ‘ought implies can.’ Ideal moral theory identifies the best standard, so its demands are constrained by one version. Non-ideal theory tells us what to do given our psychological and motivational shortcomings and so is constrained by others. Moral theory can now both provide an (...) ultimate standard and give us guidance; this view also gives us new insights into demandingness and blame. (shrink)

Philosophy and science have always striven to make sense of the world, continuously influencing each other in the process. Their interplay paved the way for neurophilosophy, which harnesses neuroscientific insights to address traditionally philosophical questions. Given the rapid neuroscientific and technological advances in recent years, this paper argues that philosophers who wish to tackle intractable philosophical problems and influence public discourse and policies should engage in neuro-techno-philosophy. This novel type of inquiry describes the transdisciplinary endeavor of philosophers, (neuro)scientists, and others (...) to anticipate the societal implications of the impending transformations of subjects and theorizers. While human enhancement is likely to irreversibly change what it means to be human, disruptive technologies might lead to the emergence of artificial intelligent agents and human-machine hybrids. The paper predicts that neuro-techno-philosophy will be indispensable to understanding and engaging with these game-changing innovations and thus play a pivotal role in the future of philosophy. (shrink)

This article examines the idea of disjunctive rights—an idea first suggested by Joel Feinberg and more recently advocated by Richard Arneson. Using a hypothetical scenario to bring forward a conflict between two rights that cannot be simultaneously fulfilled, the suggestion that the conflict can be solved by describing the right-holders as holding disjunctive rights—rights that involve, in a significant way, a disjunction—is scrutinized. Several interpretations of the idea of disjunctive rights are examined from the perspectives of the interest theory and (...) will theory of rights. Ultimately, the idea of disjunctive rights fails to provide an acceptable solution to the problem at hand, as each interpretation has unacceptable implications. This conclusion challenges the compossibilist thesis, according to which moral rights do not, ultimately, conflict. Alternatively, if one wishes to keep the possibility of compossibility and disjunctive rights, the mainstream theories of rights must be revised or rejected. (shrink)

Kant states in §76 of the third Critique that the divine intuitive intellect would not represent modal distinctions. Kohl and Stang claim that this statement entails that noumena lack modal properties, which, in turn, conflicts with Kant’s attribution of contingency to human noumenal wills. They both propose resolutions to this conflict based on conjectures regarding how God might non-modally represent what our discursive intellects represent as modally determined. I argue that these proposals fail; the viable resolution consists in recognizing that (...) we modalize human noumenal wills as a merely regulative-practical principle in our judgements of imputation. (shrink)

Hegel's very first acknowledged publication was, among other things, an attack on Fichte. In 1801, Hegel was still laboring in almost complete obscurity, while Fichte was an international sensation, though already somewhat past the peak of his meteoric career. In the 1801Differenzschrift, Hegel cut his teeth by criticizing Fichte's already widelycriticisedWissenschaftslehre, and by demonstrating that Schelling's philosophical system was not simply to be equated with it. Fichte himself never bothered to respond to Hegel's criticisms; indeed he never publicly acknowledged their (...) existence. This was not because he was unconcerned with criticisms of his views; quite the contrary. But at the time he had bigger fish to fry. He responded to Jacobi's criticisms, and to Schelling's; he replied in great detail to critical questions raised by Reinhold, and with vituperative intensity to objections raised by skeptics and purportedly loyal Kantians. But Hegel'sDifferenzschriftwas left without a Fichtean rebuttal. This is a pity, both because of the missed opportunity to illuminate by controversy central issues at stake in the post-Kantian period, but also because it made it easier for Hegel simply to reiterate his youthful criticism as if it were the last word. And reiterate it he did: in one form or another Hegel's early criticisms of Fichte reappear at every subsequent stage of his career: in thePhenomenology, in theScience of Logic, in theEncyclopaedia, as the final chapter in Hegel'sHistory of Philosophy, and in countless other minor works and documents from theNachlassand correspondence. (shrink)

In his discussion of the duty of benevolence in §27 of the Metaphysics of Morals, Kant argues that agents have no obligation to promote their own happiness, for ‘this happens unavoidably’ (MS, AA 6:451). In this paper I argue that Kant should not have said this. I argue that Kant should have conceded that agents do have an obligation to promote their own happiness.

Both advocates of corporate regulation and its opponents tend to depict regulation as restrictive—a policy option that limits freedom in the name of welfare or other social goods. Against this framing, I suggest we can understand regulation in enabling terms. If well designed and properly enforced, regulation enables companies to operate in ways that are acceptable to society as a whole. This paper argues for this enabling character by considering some wider questions about responsibility and the sharing of responsibility. Agents (...) who are less able or willing to act well are obviously more likely to face criticism, mistrust, and adverse responses. It will be more difficult to hold those agents responsible, especially so when there are many who fail in their responsibilities or where there are wide-reaching disagreements about those responsibilities. Regulatory standards, like other norms and ways of defining responsibilities, address these problems: by restricting, they also enable social cooperation. Like other forms of holding responsible, ways of enforcing those standards against recalcitrant agents, or encouraging conformity to them, may also seem restrictive. Again, however, these practices play an important role in enabling responsible agency. This is partly because they can bolster readiness to act well in agents who experience or witness such responses. It is also because they free other agents to exercise initiative and commitment in defining their individual responsibilities in line with higher standards. (shrink)

Imagine you and your friend Pierre agreed on meeting each other at a café, but he does not show up. What is the difference between a friend’s not showing up meeting? and any other person not coming? In some sense, all people who did not come show the same kind of behaviour, but most people would be willing to say that the absence of a friend who you expected to see is different in kind. In this paper, I will spell (...) out this difference by investigating laypeople’s conceptualisation of absences of actions in four experiments. In languages such as German, French, Italian, or Polish, people consider a friend’s not coming an omission. Any other person’s not coming, in contrast, is not considered an omission at all, but just a mere nothing. This use of the term omission differs from the usage in English, where ‘omission’ refers to all kinds of absences. In addition, ‘omission’ is not even an everyday term, but invented by philosophers for the sake of philosophical investigation. In other languages, ‘omission’ is part of an everyday vocabulary. Finally, I will discuss how this folk concept of omission could be made fruitful for philosophical questions. (shrink)

It is commonly held that “ought implies can.” If so, what constraints does that place on the law? Having provided an argument which allows the maxim to be used by lawyers, I consider the application of that argument to both primary and remedial legal duties. This, it turns out, gives us some reason to reconsider whether the maxim is sound. Further, even if the maxim is sound, it has less purchase on remedial duties than is commonly supposed.

This paper looks at the attribution of moral responsibility in the light of Kant's claim that the maxims of our actions should be universalizable. Assuming that it is often difficult for us to judge which actions satisfy this test, it suggests one way of translating Kantian morality into practice. Suppose that it is possible to read each action, via its maxim, as a communication addressed to the world: as an attempt to set the terms on which we should interact with (...) one another. The paper suggests that respect for the actor requires us to take this communication seriously. When we suppose that an action is wrong, we then have a powerful reason to dispute its message: to hold the actor responsible for her deed. Although we are often unreliable judges ‘in our own case’, our mutual attributions of responsibility show us judging together, what the moral law should mean in practice. (shrink)

Abstract: The ‘feeling theory of emotion’ holds that emotions are to be identified with feelings. An objection commonly made to that theory of emotion has it that emotions cannot be feelings only, as emotions have intentional objects. Jack does not just feel fear, but he feels fear-of-something. To explain this property of emotion we will have to ascribe to emotion a representational structure, and feelings do not have the sought after representational structure. In this paper I seek to defend the (...) feeling theory of emotion against the challenge from the object-directed emotions. (shrink)

This paper constitutes a defence of an affective account of emotion. I begin by outlining the case for thinking that emotions are just feelings. I also suggest that emotional feelings are not reducible to other kinds of feelings, but rather form a distinct class of feeling state. I then consider a number of common objections that have been raised against affective accounts of emotion, including: (1) the objection that emotion cannot always consist only of feeling because some emotions - for (...) example, indignation and regret - necessarily have a cognitive component (say, the perception of a lost opportunity in the case of regret); (2) the objection that emotion cannot consist only of feeling because in order to explain how emotions have intentional objects we will have to recognise that emotion consists of cognition; and (3) the objection that emotion cannot consist only of feeling because emotion, but not feeling, can be variously assessed or evaluated. However, I demonstrate how an affective account of emotion might be successfully defended against all of the objections that are cited. (shrink)

Several interpreters argue that Kant believes we have a duty to act “from duty.” If there is such a duty, however, then Kant's moral theory faces a serious problem, namely that of an allegedly vicious infinite regress of duties. No serious attempt has been made to determine how Kant might respond to this problem and insufficient work has been done to determine whether he even believes we have a duty to act from duty. In this paper I argue that not (...) only does Kant not hold that there is a duty to act from duty, but he also explicitly rejects the idea. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

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

Many philosophers claim that it cannot be the case that a person ought to perform an action if this person cannot perform this action. However, most of these philosophers do not give arguments for the truth of this claim. In this paper, I argue that it is plausible to interpret this claim in such a way that it is entailed by the claim that there cannot be a reason for a person to perform an action if it is impossible that (...) this person will perform this action. I then give three arguments for the truth of the latter claim, which are also arguments for the truth of the former claim as I interpret it. (shrink)

While philosophers generally accept some version of the principle ‘ought’ implies ‘can’, recent work in experimental philosophy and cognitive science provides evidence against a presupposition or a conceptual entailment from ‘ought’ to ‘can’. Here, we review some of this evidence, its effect on particular formulations of the principle, and future directions for cognitive scientists and philosophers.

In this paper, I demonstrate that Kant's commitment to an asymmetry between the control conditions for praise and blame is explained by his endorsement of the principle Ought Implies Can (OIC). I argue that Kant accepts only a relatively weak version of OIC and that he is hence committed only to a relatively weak requirement of alternate possibilities for moral blame. This suggests that whether we are transcendentally free is irrelevant to questions about moral permissibility and moral blameworthiness.

During the 1980s, empirical social sciences and normative theory seemingly converged within ethical debates. This tendency kindled new debates about the limits and possibilities of empirical-normative collaboration. The article asks for adequate ways of collaboration by taking a closer look at the philosophy of science of empirical social sciences as well as normative theory development and its logical groundings. As a result, three possible modes of cooperation are characterized: first, the empirical assessment of conditions that actually necessitate the translation of (...) normatively derived basic principles into practice rules; second, the empirical assessment of conditions for application of a moral norm which are formulated by bridging principles; third, the empirical assessment of social practice which allows to measure whether adopted norms actually are implemented in practice or not and to encounter new moral problems which are in need of ethical guidance. Finally, the article defends a symbiotic position in Weaver ’s and Trevino's triad of possible approaches to empirical-normative collaboration in ethics. (shrink)

There are several senses in which Kant’s moral law is independent of sensibility. This paper is devoted mainly to Kant’s account of ‘physical conditions independence’, or the idea that the moral law can compel us to pursue ends that might be impossible to realize empirically. Since this idea has gotten little attention from commentators, this paper addresses both its textual basis in Kant’s writings and its overall philosophical viability.

Most theory in business ethics is still steeped in rationalist and moral-realist assumptions. However, some seminal neuroscientific studies point to the primacy of moral emotions and intuition in shaping moral judgment. In line with previous interpretations, I suggest that a dual-system explanation of emotional-intuitive automaticity and deliberative reasoning is the most appropriate view. However, my interpretation of the evidence also contradicts Greene’s conclusion that nonconsequentialist decision making is primarily sentimentalist or affective at its core, while utilitarianism is largely rational-deliberative. Instead, (...) I propose that current research on the human brain, in conjunction with converging experimental evidence, hints at moral subjectivism and its evolutionary basis as the most persuasive explanation of morality. These anti-realist conjectures have far-reaching implications for a wide range of topics in business ethics, as illustrated with the specific case of corporate social responsibility as a potentially tribal conception of the good. (shrink)

Some libertarians argue that informed consent alone makes transactions in the labour market morally justified. In contrast, some of their critics claim that such an act of consent is no guarantee against coercion. To know whether agreements are voluntary, we need to assess the quality of the offers or the prevailing background conditions. ISCT theorists argue that it is imperative to take social norms into account when evaluating the labour market. We present a novel framework for moral assessment in the (...) labour market, which takes consent, background conditions and norms into account, but which mainly focuses on the offers and demands made. Consent renders a transaction legitimate in the same way we regard a fair election legitimate even if we object to its outcome. For offers to be substantially justified, exploitation must be avoided and offers must give expression to the value of community. Only then they are morally justified. (shrink)

Kant holds that the applicability of the moral ‘ought’ depends on a kind of agent-causal freedom that is incompatible with the deterministic structure of phenomenal nature. I argue that Kant understands this determinism to threaten not just morality but the very possibility of our status as rational beings. Rational beings exemplify “cognitive control” in all of their actions, including not just rational willing and the formation of doxastic attitudes, but also more basic cognitive acts such as judging, conceptualizing, and synthesizing.

I assess a series of arguments intended to show that 'ought' implies 'can'. Two are rooted in uses of 'ought' in contexts of deliberation and command. A third draws on the distinctive resources of deontic logic. I show that, in each case, the arguments leave scope for forms of infinite moral consciousness—forms of moral consciousness in which a moral obligation retains its authority even in the face of the conviction that the obligation is impossible to fulfil. In this respect the (...) paper sides with Martin Luther against Erasmus and Kant. (shrink)

Although Kant is often considered the founding father of the controversial principle ‘Ought Implies Can’ (OIC), it is not at all clear how Kant himself understands and defends this principle. This essay provides a substained interpretation of Kant's views on OIC. I argue that Kant endorses two versions of OIC: a version that is concerned with our physical capacities, and a version that posits a link between moral obligation and a volitional power of choice. I show that although there are (...) important senses in which Kant's conception of OIC differs from the way in which OIC is discussed in recent philosophy, his account raises important issues for contemporary theory: for instance, it highlights the extent to which acceptance or rejection of OIC reflects convictions about the sources of normativity. (shrink)

ABSTRACT:In this article we investigate a philosophical problem for normative business ethics theory suggested by a phenomenon that contemporary psychologists call “bounded ethicality,” which can be identified with the putative fact that well-intentioned people, constrained by psychological limitations, make ethical choices inconsistent with their own ethical beliefs and commitments. When one combines the idea that bounded ethicality is pervasive with the idea that a person morally ought to do something only if she can, it raises a doubt about the practical (...) relevance of the moral principles that business ethics theory prescribes. We call this doubt the Radical Behavioral Challenge. It consists in the idea that people cannot generally conform to the normative ethical principles that business ethics theorists prescribe, and that these principles are therefore practically irrelevant. We answer the Radical Behavioral Challenge and explore normative implications of our answer. (shrink)

The concept of missed care refers to an irrefragable truth that required nursing care, which is left undone, occurs in the delivery of health care. As a technical concept, missed care offers nurses the opportunity to articulate a problematic experience. But what are we to make of missed care from an ethical perspective? Can nurses be held morally responsible for missed care? Ethically speaking, it is generally accepted that if a person has a moral obligation to do something, s/he needs (...) to have the capacity to do it. If a person does not have the capacity to fulfil a moral obligation, then s/he cannot be held responsible for failing to do so. This is captured by the “ought implies can” (OIC) principle. This paper brings the OIC principle to the forefront of the discussion on missed care. It is contended that nurses – qua moral agents – may be discharged from a moral obligation to carry out a required caring act because of some inability that is not of their making and therefore may not be morally responsible for missed care. However, the OIC principle may not be applied to all situations of missed care depending on their causes. In addition, following in the thought of Sapontzis (The Southern Journal of Philosophy, 1991, XXIX, 383–393) it is contended that when an original obligation to deliver a required act of care cannot be fulfilled, other obligations may be generated as summed up in the “Principle of Making Amends” and the “Principle of Appropriate Feeling.” It is the view of this paper that these further principles could prevent the OIC principle from being used to simply excuse omissions of care from a normative standard and could support the view that nurses continue to have alternative obligations to make amends and to respond with appropriate feelings to missed care. (shrink)

In a recent paper published in the Journal of Medical Ethics, Le Morvan and Stock claim that the kantian ideal of treating people always as ends in themselves and never merely as a means is in direct and insurmountable conflict with the current medical practice of allowing practitioners at the bottom of their “learning curve” to “practise their skills” on patients. In this response, I take up the challenge they issue is and try to reconcile this conflict. The kantian ideal (...) offered in the paper is an incomplete characterisation of Kant’s moral philosophy, and the formula of humanity is considered in isolation without taking into account other salient kantian principles. I also suggest that their argument based on “necessary for the patient” assumes too narrow a reading of “necessary”. This reply is intended as an extension to, rather than a criticism of, their work. (shrink)

Many philosophers accept that ought implies can (OIC), but it is not obvious that we have a good argument for that principle. I consider one sort of argument for it, which seems to be a development of an Aristotelian idea about practical deliberation and which is endorsed by, amongst others, R. M. Hare and James Griffin. After briefly rehearsing some well-known objections to that sort of argument (which is based on the supposed pointlessness of impossible obligations), I present a further (...) objection, based on a maximally charitable reading of the argument, and conclude that nobody ought to think that it gives them a reason to accept OIC. (shrink)

It is widely thought that moral obligations are necessarily guidance giving. This supposed fact has been put to service in defence of the ‘ought-implies-can’ principle according to which one cannot be morally obligated to do the impossible, since impossible-to-satisfy obligations would not give guidance. It is argued here that the supposed fact is no such thing; moral obligations are not necessarily guiding giving, and so the ‘guidance argument’ for ought-implies-can fails. This is the result of no non-trivial condition being ‘luminous’.

It is often argued that the requirement that moral obligations be ‘action guiding’ motivates the claim that one can be obligated to ϕ only if one can ϕ. I argue that even on its most plausible interpretation, this argument fails, since the reasoning behind it leads to the absurd conclusion that one is permitted to ϕ if one cannot ϕ.

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

One generally considered plausible way to allocate resources in health care is according to people’s needs. In this paper I focus on a somewhat overlooked issue, that is the conceptual structure of health care needs. It is argued that what conceptual understanding of needs one has is decisive in the assessment of what qualifies as a health care need and what does not. The aim for this paper is a clarification of the concept of health care need with a starting (...) point in the general philosophical discussion about needs. I outline three approaches to the concept of need and argue that they all share the same conceptual underpinnings. The concept of need is then analyzed in terms of a subject x needing some object y in order to achieve some goal z. I then discuss the relevant features of the object y and the goal z which make a given need qualify as a health care need and not just a need for anything. (shrink)

Kant’s account of practical justification for belief has attracted much attention in the literature, especially in recent years. In this context, scholars have generally emphasized the originality of Kant’s thought about belief (Glaube), and Kant indeed offers a definition of belief that is very different from views that were prevalent in eighteenth-century Germany. In this article, however, I argue that it is very likely that Christian August Crusius exerted influence on Kant’s definition of belief and his account of practical justification. (...) In turn, acknowledging this influence has relevant consequences for how we understand the phenomenology of Kantian belief. (shrink)

Abstract It has become almost commonplace to regard the concepts of Responsibility to Protect (R2P) and Just War as not only compatible but rather closely connected. Contrary to this position I argue here that some Just War criteria are in significant tension with R2P. This tension results from the fact that Just War only makes war permitted while R2P prescribes an obligation. But R2P and Just War not only are in significant tension, but also suffer from inverted weaknesses: R2P is (...) too demanding while Just War is not demanding enough. Granting that R2P implies a duty to protect, I argue that such a duty is too demanding since it conflicts with the principle of ?ought implies can?, whereas Just War is arguably not far-reaching enough as ?duties-talk? does not fit into its structure. I finish by proposing an interpretation of R2P and Just War which not only eliminates the tension but also compensates for these weaknesses. (shrink)

The article offers an overview of the deontic theory developed by the philosophical school of Mīmāṃsā, which is, and has been since the last centuries BCE, the main source of normative concepts in Sanskrit thought. Thus, the Mīmāṃsā deontics is interesting for any historian of philosophy and constitutes a thought-provoking occasion to rethink deontic concepts, taking advantage of centuries of systematic reflections on these topics. Some comparison with notions currently used in Euro-American normative theories and metaethical principles is offered in (...) order to show possible points of contact and deep divergences. In more detail, after an introduction explaining the methodology and aims of our work, we discuss how Mīmāṃsā authors distinguished and defined some fundamental deontic concepts, such as different types of prescriptions and prohibitions. We then discuss how Mīmāṃsā authors approached the problem of conflicts among commands without jeopardising the validity of the normative text issuing them. In the second part of the article we introduce our formal apparatus, which is construed around the main taxonomic and conceptual distinctions used in the first part. Our formal rendering captures the most important features of the Mīmāṃsā theory and can thus serve as a concise and rigorous presentation of it for scholars working in deontic logic. (shrink)

We advance the thesis that the method of experimental economics can make significant contributions to normative, as opposed to descriptive, business ethics. We contend that there are two basic ways in which experimental economics may make this contribution, and we exemplify these ways by pointing to experimental support of social contract theory as rational foundation for business ethics. These two ways are: (1) adding psychological realism; and (2) testing some quasi-empirical assumptions present in normative theory. In order to make good (...) our methodological claim, we first describe the methodological rules of experimental economics, distinguishing this method from other behavioral business ethics approaches. We also contemplate the possible objection that empirical methods cannot bear on normative ethics because there is no way of bridging the gap between descriptive theory (how people behave) and normative theory (how people ought to behave). (shrink)

In this paper, we investigate the ‘ought implies can’ thesis, focusing on explanations and interpretations of OIC, with a view to clarifying its uses and relevance to legal philosophy. We first review various issues concerning the semantics and pragmatics of OIC; then we consider how OIC may be incorporated in Hartian and Kelsenian theories of the law. Along the way we also propose a taxonomy of OIC-related claims.

A type of transcendental argument for libertarian free will maintains that if acting freely requires the availability of alternative possibilities, and determinism holds, then one is not justified in asserting that there is no free will. More precisely: if an agent A is to be justified in asserting a proposition P (e.g. "there is no free will"), then A must also be able to assert not-P. Thus, if A is unable to assert not-P, due to determinism, then A is not (...) justified in asserting P. While such arguments often appeal to principles with wide appeal, such as the principle that ‘ought’ implies ‘can’, they also require a commitment to principles that seem far less compelling, e.g. the principle that ‘ought’ implies ‘able not to’ or the principle that having an obligation entails being responsible. It is argued here that these further principles are dubious, and that it will be difficult to construct a valid transcendental argument without them. (shrink)

Haji argues that determinism threatens deontic morality, not via a threat to moral responsibility, but directly, because of the principle that ‘ought’ implies ‘can’. Haji’s argument requires not only that we embrace an ‘ought’ implies ‘can’ principle, but also that we adopt the principle that ‘ought’ implies ‘able not to’. I argue that we have little reason to adopt the latter principle, and examine whether deontic morality might be destroyed on the basis of the more commonly embraced ‘ought’ implies ‘can’ (...) principle alone. I argue that despite what look like initially compelling reasons why we might suppose that this weaker conclusion is similarly destructive to deontic morality, we actually have good reason to doubt that it has any practical relevance for moral deliberation at all. (shrink)

In the present essay, I consider the relevance of evolutionary psychology (EP) for legal positivism, addressing the two main traditions in the legal positivist family: (1) the tradition I identify with the works of Hart and Kelsen and characterize as “normativist,” as it tries to describe law as a purely or, at least, as an essentially normative phenomenon, while remaining true to the ideal of scientific objectivity and value-neutrality; (2) the tradition I broadly refer to as “legal realism,” which equates (...) law with adjudication and “legal science” with the task of explaining judicial behaviour. (shrink)