My aim in this paper is to move toward a relational moral theory of harm through examination of a common yet underexplored form of child maltreatment: childhood psychological abuse. I draw on relational theory to consider agential, intrapersonal, and interpersonal ways in which relational harms develop and evolve both in intimate relationships and in conditions of oppression. I set forth three distinctive yet interconnected forms of relational harm that childhood psychological abuse causes: harm to the relational agency of individuals, harm (...) to the relationships individuals hold with themselves, especially with regard to how they respect, know, and trust themselves, and harm to interpersonal relationships of both a direct and indirect nature in present and future timeframes. I close by noting that while relationships can be the site of human brutality that destroys the relational self, paradoxically and promisingly, they also can be a primary means of the relational reconstitution of the self. Ultimately, relational analyses of the harms of childhood psychological abuse reveal several key elements of a relational theory of harm and demonstrate the significance of relational harms for moral philosophy. (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

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

You shouldn’t have done it. But you did. Against your better judgment you scrolled to the end of an article concerning the state of race relations in America and you are now reading the comments. Amongst the slurs, the get-rich-quick schemes, and the threats of physical violence, there is one comment that catches your eye. Spencer argues that although it might be “unpopular” or “politically incorrect” to say this, the evidence supports believing that the black diner in his section will (...) tip poorly. He insists that the facts don’t lie. The facts aren’t racist. In denying his claim and in believing otherwise, it is you who engages in wishful thinking. It is you who believes against the evidence. You, not Spencer, are epistemically irrational. -/- My dissertation gives an account of the moral-epistemic norms governing belief that will help us answer Spencer and the challenge he poses. We live in a society that has been shaped by racist attitudes and institutions. Given the effects of structural racism, Spencer’s belief could have considerable evidential support. Spencer notes that it might make him unpopular, but he cares about the truth and he is willing to believe the unpopular thing. But, Spencer’s belief seems racist. Spencer asks, however, how could his belief be racist if his beliefs reflect reality and are rationally justified? Moreover, how could he wrong anyone by believing what he epistemically ought to believe given the evidence? In answer, I argue that beliefs can wrong. (shrink)

What counts as global ‘harm’? This article explores this question through critical engagement with Thomas Pogge’s conception of negative duties not to harm. My purpose here is to show that while Pogge is right to orient global moral claims around negative duties not to harm, he is mistaken in departing from the standard understanding of these duties. Pogge ties negative duties to global institutions, but I argue that truly negative duties cannot apply to such institutions. In order to retain the (...) global force of negative duties, we need to dissociate these duties from global institutions: each society’s negative duty to stop harming specific other societies ought to be seen as independent of global institutional change. In order to establish this thesis, I criticize both the features and the derivation of Pogge’s variant of negative duties. I conclude that one must see global negative duties as applying to the relations between specific sovereign societies as unitary agents rather than to global institutions. I then show how this view of negative duties can yield significant global reform, based on Pogge’s own accusations concerning democracies’ conferral of trading privileges upon dictators who embezzle state resources. After presenting the normative, empirical, and strategic advantages of such reform, I anticipate Poggean objections. (shrink)

In The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences, Matthew Kramer argues that none of the standard rationales used to justify capital punishment successfully vindicates it and that a new justification, the purgative rationale, justifies capital punishment for defilingly evil offenders. In this article, it is argued, first, that a version of retributivism that adheres to the lex talionis as Kramer understands it does seem to call exclusively for the death penalty. Second, it is submitted (...) that the purgative rationale is over-inclusive inasmuch as Kramer considers it applicable to certain offenders with abusive or deprived backgrounds, some offenders indoctrinated to adhere to pernicious ideologies that have impelled their crimes, and wrongdoers who have sincerely repented. Third, doubts are expressed about whether the purgative rationale justifies the execution of any offenders. Even if it is true that the continued existence of an extravagantly evil offender represents an affront to humanity, as Kramer suggests, a moral obligation to execute him does not follow. Since repentance is intrinsically valuable and since repentance would extinguish the affront to humanity, the community in which an unrepentant evil offender abides is duty-bound to foster repentance on the part of the offender by imposing banishment or life imprisonment, sanctions that afford the offender the most extensive opportunity for repentance. The community is therefore obligated to impose one of these sanctions instead of capital punishment. (shrink)

The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of guilt that child (...) soldiers experience are not self-censure; rather their guilt arises from their attempts to come to terms with what they see as their own morally ambiguous motives. Their guilt is appropriate because it reaffirms their commitment to morality and facilitates their self-forgiveness. (shrink)

Although standard ethical views categorize intentional torture as morally wrong, the ticking time bomb scenario is frequently offered as a legitimate counter-example that justifies the use of torture. In this scenario, a bomb has been placed in a city by a terrorist, and the only way to defuse the bomb in time is to torture a terrorist in custody for information. TTB scenarios appeal to a utilitarian “greater good” justification, yet critics maintain that the utilitarian structure depends on a questionable (...) set of hidden assumptions. Three experiments were conducted to investigate endorsement of torture when these hidden assumptions were violated. In Experiment 1, results indicated that endorsement varied as a function of the success likelihood of torture and its alternatives. In Experiment 2, people found torture to be more acceptable, less wrong, and more obligatory when the suspect in custody was described as a “terrorist” than when he was described simply as an individual, and when he was described as culpable as opposed to innocent. These results are more consistent with retributive justice than utilitarian “greater good” concerns. The results of Experiment 3 indicated that utilitarian decision profiles were not associated with lower levels of empathic concern but were instead associated with personal distress and the ability to transpose oneself into a fictitious character's experience. Across the three experiments, deontologists were more likely to reject torture than utilitarians. (shrink)

The practices of using hostages to obtain concessions and using human shields to deter aggression share an important characteristic which warrants a univocal reference to both sorts of conduct: they both involve manipulating our commitment to morality, as a means to achieving wrongful ends. I call this type of conduct “moral coercion”. In this paper I (a) present an account of moral coercion by linking it to coercion more generally, (b) determine whether and to what degree the coerced agent is (...) liable for the harms resulting from acceding to moral coercion, and (c) investigate factors relevant to determining whether we ought to accede to moral coercion. In so doing, I provide grounds for the intuition that we “allow evil to succeed” when we accede to moral coercion. (shrink)

This article proposes a three-step model of empathy. It assumes that people have various empathy-related mechanisms available and thus can be described as hyper-empathic (Step 1). Under these conditions, the question of blocking and controlling empathy becomes a central issue to channel empathic attention and to avoid self-loss (Step 2). It is assumed that empathy can be sustained only when these mechanisms of controlling empathy are bypassed (Step 3). In particular, the article proposes a three-person scenario with one observing a (...) conflict of two others. By taking the side of one of the combatants, the observer is led into empathizing, perhaps to justify her/his earlier side-taking. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

New scientific advances have created previously unheard of possibilities for enhancing combatants' performance. Future war fighters may be smarter, stronger, and braver than ever before. If these technologies are safe, is there any reason to reject their use? In this article, I argue that the use of enhancements is constrained by the importance of maintaining the moral responsibility of military personnel. This is crucial for two reasons: the military's ethical commitments require military personnel to be morally responsible agents, and moral (...) responsibility is necessary for integrity and the moral emotions of guilt and remorse, both of which are important for moral growth and psychological well-being. Enhancements that undermined combatants' moral responsibility would therefore undermine the military's moral standing and would harm combatants' well-being. A genuine commitment to maintaining the military's ethical standards and the well-being of combatants therefore requires a careful analysis of performance-enhancing technologies before they are implemented. (shrink)

abstract Much of the literature on torture in recent years takes the position of denouncing the barbarity of torture, while allowing for exceptions to this veto in extreme circumstances. The ticking‐bomb argument, where a terrorist is tortured in order to extract information of a primed bomb located in a civilian area, is often invoked as one of those extreme circumstances where torture becomes justified. As the War on Terrorism intensifies, the ticking‐bomb argument has become the dominant line of reasoning used (...) by both academics and policy advisers to justify a legalized, state‐sponsored program of torture. This paper argues for the unconditional refutation of any attempt to justify torture, without exceptions. We argue against the consequentialist reasoning of the ticking‐bomb argument not from a deontological position, but on consequentialist grounds. Empirical evidence suggests that the institutionalization of torture practices creates serious problems. Torture interrogation fails to fulfil its initial purpose as a low‐cost life saver, while its long‐term potential is the devastation of democratic institutions. (shrink)

This paper argues that the reason why political leadership often involves dirty hands is because of its relationship with violence. To make the case, it maintains that violent means create and assert a form of dominating power that is in tension with the proper ends of political action. This power casts a wide shadow, frequently dominating large numbers of non-targets and empowering unscrupulous agents. On the other side of the balance, characteristically political justifications for violence are ‘supra-moral,’ meaning that they (...) are motivated by the value of a conception of morality taken as a whole (or, indeed, morality as such) rather than by any particular moral value. The weight that ought to be given to such ends is indeterminate in a way that makes uncancelled remainders arising from the evil of violence likely in many cases. (shrink)

Philosophy &Public Affairs, Volume 51, Issue 3, Page 195-233, Summer 2023.

In this article, I undertake three main tasks. First, I argue that, contrary to the standard view, moral injury is not a species of PTSD (post-traumatic stress disorder) but rather, on the most coherent conception of moral injury, PTSD is (in effect) a species of moral injury. In doing so, I make use of the notion of caring deeply about something or someone worthy of being cared deeply about. Second, I consider so-called “dirty hands” actions in police work and in (...) war, and distinguish these from the morally legitimate, but harmful, actions of police officers and of war fighters, such as the morally legitimate use of coercive force and lethal force (respectively). While the morally legitimate use of harmful methods is constitutive of these occupational roles, “dirty hands” methods are not. Roughly speaking, a “dirty hands” action is one that is morally wrong and (typically) unlawful but done for the sake of a good outcome. Both categories of action are conducive to moral injury, but “dirty hands” actions much more so, especially given the slippery moral slope from “dirty hands” actions to egregious moral wrongdoing. Third, I offer some recommendations for reducing moral injury among police officers and war fighters. (shrink)

Journal of Social Philosophy, EarlyView.

One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "[h]ow did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. This interdisciplinary (...) approach highlights important and often overlooked aspects of the torture debate. Yet, the questions that the authors take to be important (for example, about whether the justification of torture should even be contemplated) reflect different and sometimes incompatible normative assumptions about what torture is and about what matters in the torture debate. These assumptions, I shall argue, are shaped by, and play a role in shaping, the moral, political, and social narratives that contribute to or resist the toleration of torture in the US and elsewhere. Thus, while the disparate nature of the contributions (perhaps inevitably) undermine the cohesiveness of the volume as a whole, it illuminates, even if it does not resolve, larger questions about the place and function of academic debate in the history and use of torture. (shrink)

We care what people think of us. The thesis that beliefs wrong, although compelling, can sound ridiculous. The norms that properly govern belief are plausibly epistemic norms such as truth, accuracy, and evidence. Moral and prudential norms seem to play no role in settling the question of whether to believe p, and they are irrelevant to answering the question of what you should believe. This leaves us with the question: can we wrong one another by virtue of what we believe (...) about each other? Can beliefs wrong? In this introduction, I present a brief summary of the articles that make up this special issue. The aim is to direct readers to open avenues for future research by highlighting questions and challenges that are far from being settled. These papers shouldn’t be taken as the last word on the subject. Rather, they mark the beginning of a serious exploration into a set of questions that concern the morality of belief, i.e., doxastic morality. (shrink)

Several recent analyses of torture focus on the humiliation torture inflicts on the victim as the principal evil inherent in torture. This paper challenges this focus by arguing that the connection between torture and humiliation is not a necessary one. Though it is true that most contemporary usages of torture humiliate, it is shown that this is dependent on both the context of the torture and the specific means of torture applied. It is demonstrated that, in certain circumstances, torture is (...) feasible without inflicting the humiliation contemporary accounts of torture identify. At a theoretical level, it may even be possible to use torture as a way of explicitly expressing respect. The paper, therefore, warns against hinging the entire case against torture on humiliation and argues that we should scrutinize other ways in which torture may violate dignity, too. (shrink)

There is a decided consensus that Kantian ethics yields an absolutist case against torture – that torture is morally wrong and absolutely so. I argue that while thereisa Kantian case against torture, Kantian ethics does not clearly entail absolutism about torture. I consider several arguments for a Kantian absolutist position concerning torture and explain why none are sound. I close by clarifying just what the Kantian case against torture is. My contention is that while Kantian ethics does not support a (...) variety ofmoralabsolutism about torture, it does suggest a strong version oflegalabsolutism. (shrink)

I argue that utilitarianism cannot accommodate a basic sort of moral judgment that many people want to make. I raise a real-life example of shockingly bad behavior and ask what can the utilitarian say about it. I concede that the utilitarian can say that this behavior caused pain to the victim; that pain is bad; that the agent’s behavior was impermissible; even that the agent’s treatment of the victim was vicious. However, there is still one thing the utilitarian cannot say, (...) namely that the agent wronged the victim, that they violated her. According to utilitarianism, moral offenses are offenses against global utility, right reason or the totality of sentient beings, but never against individual victims, yet this aspect of the action – that it is an offense against a particular person –is highlighted when we say that this action wronged that woman. (shrink)

If knowledge is the norm of practical reasoning, then we should be able to alter people's behavior by affecting their knowledge as well as by affecting their beliefs. Thus, as Roy Sorensen (2010) suggests, we should expect to find people telling lies that target knowledge rather than just lies that target beliefs. In this paper, however, I argue that Sorensen's discovery of “knowledge-lies” does not support the claim that knowledge is the norm of practical reasoning. First, I use a Bayesian (...) framework to show that in each of Sorensen's examples, knowledge-lies alter people's behavior by affecting their beliefs. Second, I show that while we can imagine lies that target knowledge without targeting beliefs, they cannot alter people's behavior. In other words, knowledge-lies actually work (i.e., manipulate behavior) by targeting beliefs or they do not work at all. (shrink)

Rather than focusing on the legal and political questions that surround genocidal rape, in this paper I treat a vital area of inquiry that has received much less attention: the moral significance of genocidal rape. My aim is to augment existing moral accounts of rape in order to address the specific contexts of genocidal rape. I move beyond understanding rape primarily as a violation of an individual's interests or agential abilities. The account I offer builds on these approaches (as well (...) as on a pluralist approach), by arguing that rape, as a moral injury, negatively affects the very human dignity of victims. My account also emphasizes the relational harm that marks genocidal rape. (shrink)

One potentially morally justified use of torture is found in philanthropic torture of a perpetrator (PTP): scenarios in which a perpetrator has instigated significant pending suffering against innocents and in which the suffering can be prevented by means of the perpetrator’s cooperation. These situations involve a clash of two intuitions: that torture is in some strong and obvious sense absolutely morally wrong, and that torture or harm of an immoral perpetrator may be permissible to prevent equally abhorrent, if not greater, (...) moral wrongs. My view is that a dually grounded view—permissible on theoretical grounds but wrong on practical grounds—can do justice to the conflicting intuitions we have about torture in cases of PTP. Further, I hold that practical “absolutism” will only be “mostly” or “likely” absolute, but that we should accept as adequate this “near absolutism”—it will give us the practical result we seek while also satisfying the intuition that we may act in otherwise untoward ways to prevent horrific moral harms. (shrink)

Journal of Social Philosophy, EarlyView.

I argue here that the practice of penal torture is not intrinsically wrongful. A common objection against the practice of penal torture is that there is something about penal torture that makes it wrongful, while this is not the case for other modes of punishment. I call this claim the asymmetry thesis. One way to defend this position is to claim that penal torture is intrinsically wrongful. It is the claim I argue against here. I discuss and reject three versions (...) this claim. I first address a version that is based on the idea that penal torture, unlike other modes of punishment, is intrinsically wrong because it is inhuman. I then address a version grounded on the claim that, because penal torture is an assault upon the defenseless, it is morally impermissible. Finally, I discuss a version that concerns the idea that penal torture attacks human dignity and undermine agency. (shrink)

Recent discussion on the ethics of killer robots has focused on the supposed lack of respect their deployment would show to combatants targeted, thereby causing their undignified deaths. I present two rebuttals of this argument. The weak rebuttal maintains that while deploying killer robots is an affront to the dignity of combatants, their use should nevertheless be thought of as a pro tanto wrong, making deployment permissible if the affront is outweighed by some right-making feature. This rebuttal is, however, vulnerable (...) to the charge that killer robots would cause unnecessary suffering. The strong rebuttal, in contrast, argues that the use of killer robots would not disrespect the dignity of combatants, for reasons discussed. I also argue that, irrespective of whether killer robots disrespect the dignity of combatants, they would not necessarily bring about their undignified deaths: for one can maintain dignity in the face of indignity. (shrink)

J. M. Bernstein argues that to capture the depths of the harm of torture, we need to do away with the idea that we possess intrinsic and inviolable worth. If personhood is inviolable, then torture can inflict only apparent harm on our standing as persons. Bernstein claims that torture is a paradigm of moral injury because it causes what he calls “devastation”: The victim experiences an actual degradation of his or her personhood. Bernstein argues that our value is given to (...) us through mutual recognition and hence can be lost. In this paper, I argue that if our human value can be lost, then it first must be built up. If it must be built up, then the question of our status before the building begins must be answered. Bernstein faces a problem of human beings who fall outside relations of mutual recognition and hence are valueless. His best option for answering this problem is to point to the centrality of the body in his account of recognition, but doing so reveals a notion of intrinsic worth implicit in his account. I call for a revision of Bernstein's account that can hold on to devastation without eschewing intrinsic worth. (shrink)

Despite nearly universal condemnation, torture remains a tool for interrogation, intimidation, and punishing. Even many who abhor torture are willing to consider its use in extraordinary situations. Both the deontological absolute prohibition of torture and the consequentialist justification of torture are inadequate ethics to address the issue. Dershowitz, Walzer, and Elshtain, among others, have attempted to redress the problem with more finely-tuned approaches, of which Elshtain's rejection of justification in favor of grace and forgiveness appears the most promising. Confronting the (...) practice of torture is also difficult because there is no generally accepted definition of what constitutes torture. Not all coercion is torture, and some coercion is both legal and moral. Torture, in any case, remains a wrongful act. (shrink)

What kind of persons could engage in political torture? Not only the morally impaired who lack empathy or compassion, or even the merely obedient, but also the righteous who struggle with conscience, and the realists who set morality aside.

Abstract The purpose of this paper is to develop and analyse a possible theory of ?just torture?, by reference to the framework of just war theory, which proposes moral criticism of war, in order that we can critically consider the morality or otherwise of torture, including that undertaken for interrogation purposes. Initially, we will explore the legal definitions and regulations of torture. Secondly, we will investigate several ethical aspects of torture. Thirdly, in order to apply the principles of just war (...) theory to the issue of torture, we examine how these principles work. Finally, in order to construct this ?just torture? theory and consider whether torture, if any, can be considered to be morally permissible under certain exceptional circumstances, we will propose a tentative framework for just torture, and investigate the set of principles behind the framework. (shrink)

Several authors have recently argued that the content of pains (and bodily sensations more generally) is imperative rather than descriptive. I show that such an account can help resolve competing intuitions about phantom limb pain. As imperatives, phantom pains are neither true nor false. However, phantom limb pains presuppose falsehoods, in the same way that any imperative which demands something impossible presupposes a falsehood. Phantom pains, like many chronic pains, are thus commands that cannot be satisfied. I conclude by showing (...) that some of the negative psychological consequences of chronic pain are a direct consequence of their imperative nature. (shrink)

I offer an argument for why torture, as an act of state-sponsored force to gain information crucial to the well-being of the common good, should be considered as a tactic of war, and therefore scrutinized in terms of just war theory. I argue that, for those committed to the justifiability of the use of force, most of the popular arguments against all acts of torture are unpersuasive because the logic behind them would forbid equally any act of mutilating or killing (...) in battle. I will also argue that looking at torture through the perspective of the just war tradition forces us to place strictures on the practice that make it hard to justify, helps us to see why torture should never be legalized, helps us to clarify when circumstances might justify torture, and suggests what sort of character is required to recognize when those circumstances have occurred. (shrink)

The leading accounts of respect for others usually assume that persons have a rational nature, which is a marvelous thing, so they should be respected like other objects of ‘awesome’ value. Kant's views about the ‘value’ of humanity, which have inspired contemporary discussions of respect, have been interpreted in this way. I propose an alternative interpretation in which Kant proceeds from our own rational self‐regard, through our willingness to reciprocate with others, to duties of respect for others. This strategy, which (...) shares some similarities with moral contractualism, offers a way to justify other‐regarding moral requirements from self‐regarding rational dispositions. (shrink)

On Michael Walzer's influential account, "dirty hands" characterizes the political leader's choice between absolutist moral demands (to abstain from torture) and consequentialist political reasoning (to do what is necessary to prevent the loss of innocent lives). The impulse to torture a "ticking bomb terrorist" is therefore at least partly pragmatic, straining against morality, while the desire to uphold a ban on torture is purely and properly a moral one. I challenge this Machiavellian view by reinterpreting the dilemma in the framework (...) of the Humean theory of justice and moral sentiment. By interpreting the ticking bomb scenario as a dramatic narrative, I argue that it appeals to properly moral sensibilities, which speak in favour of the use of force against the terrorist. The absolute ban on torture, by contrast, is an artificial virtue and a product of political prudence. On this account, the ticking bomb terrorist dilemma therefore imposes a different burden on the political leader from Walzer's version: an ethic of political responsibility demands that the political leader be prepared to sacrifice her moral soul by upholding the law against moral but politically imprudent demands to break it; while the ticking bomb romance appeals to her feelings of compassionate moral concern towards particular individuals. She dirties her hands morally, not by authorizing torture, but by allowing the terrorist's bomb to detonate and take the lives of the innocent. (shrink)

Modern human rights instruments ground human rights in the concept of human dignity, without providing an underlying theory of human dignity. This paper examines the central importance of human dignity, understood as not humiliating people, in traditional Jewish ethics. It employs this conception of human dignity to examine and criticize U.S. use of humiliation tactics and torture in the interrogation of terrorism suspects.

In his review of my book Whose Body is It Anyway, Wilkinson criticises the view (which I defend) that confiscating live body parts for the sake of the needy is (under some circumstances) a requirement of justice. Wilkinson makes the following three points: (a) the confiscation thesis is problematic on its own terms; (b) there is a way to justify coercive resource transfers without being committed to it; (c) the thesis rests on a highly questionable approach to the status of (...) the body. Wilkinson’s paper is challenging, and some of his points are well taken. On the whole, however, it does not constitute an insurmountable challenge for my thesis. (shrink)

This article examines the moral-theoretic implications of a species of moral incapacity which is frequently acknowledged, but nowhere fully explored, in the extant literature. This is the species ‘moral incapacity of vice,’ comprised of those strict limits to intentional action that manifest a weakness or corruption of moral character. Such incapacities demand closer attention, because they block a prominent line of skepticism about the moral incapacities (skepticism resulting partly from theorists’ heretofore exclusive concern with moral incapacities of virtue). A literary (...) example of moral incapacity of vice is analyzed by means of a Thomistic concept of capital vice. The case blocks moral incapacity skepticism, illustrates that moral incapacities of vice share all of the major criterial (i.e., significant and collectively distinctive) features of moral incapacities of virtue, and brings out the significance of such incapacities for our understanding of character, practical reasoning, and agency. (shrink)

Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (shrink)

In 1928, a German zoologist and philosopher named Helmuth Plessner published a book titled Die Stufen des Organischen und der Mensch: Einleitung in die philosophische Anthropologie. Almost a 100 years later, Jos de Mul has edited a collection of 26 new essays on Plessner’s text, titled Plessner’s Philosophical Anthropology: Perspectives and Prospects. The volume offers a variety of advanced discussions of its theme. In this review essay of de Mul’s collection, I provide a critical overview of the contents of the (...) new volume and some speculations on the possible motives and future directions of the current “Plessner renaissance.”. (shrink)

The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent understood, following (...) Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

The article reconstructs a brief period of intensive debates on the legitimacy and justification of torture in the early 1970s to the mid-1980s. It is shown that the emergence of the discourse on the morality of torture was influenced by the following factors. Firstly, the formulation of the “dirty hands” dilemma, which in the analytical tradition became a crucial tool for analyzing the relationship between ends and means. Secondly, the establishment of a theoretical and applied field of philosophical research known (...) as the just war theory. Although it should be acknowledged that the transfer of heuristics from the just war theory as a means of argumentation in favor of torture proved to be a philosophical deadlock, it allowed for the exploration of possibilities and limitations of new theoretical developments in the field of moral philosophy, which is always a necessary stage for the reiteration of debates. (shrink)