ABSTRACTViolating a person's rights is disrespectful to that person. This is because it is disrespectful to someone to violate duties owed to that person. I call these ‘directed duties’; they are the flipside of rights. The aim of this paper is to consider why directed duties and respect are linked, and to highlight a puzzle about this linkage, a puzzle arising from the fact that many directed duties are justified independently of whether they do anything for those to whom they (...) are owed. (shrink)

abstract In this paper I take seriously von Hirsch's view that sanctions imposed on offenders need to be compatible with their dignity, and argue that some versions of restorative justice — notably that defended by Braithwaite — can put offenders in the humiliating position of having to make apologies that they do not believe in in order to avoid further bad consequences. Drawing on recent work by Duff I argue that this problem can be avoided by conceiving of restorative justice (...) as an apologetic ritual. This view gives some ground to von Hirsch but presents a view of criminal justice that is distinctively restorative. I conclude by drawing out the differences between my account and that of Duff. (shrink)

When someone is poised to fail to fulfil a moral duty, we can respond in a variety of ways. We might remind them of their duty, or seek to persuade them through argument. Or we might intervene forcibly to ensure that they act in accordance with their duty. Some duties appear to be such that the duty-bearer can be liable to forcible interference when this is necessary to ensure that they comply with them. We’ll call duties that carry such liabilities (...) enforcement-apt. Not all duties seem to be enforcement-apt. Some, for example, accept that a person in a monogamous marriage has a moral duty to refrain from infidelity, but deny that a spouse can be compelled to comply with their duty to be faithful without transgressing her rights. More controversially, some think that our duties to assist others in severe need are not enforcement-apt. What could explain the contrast between duties that are enforcement-apt while and those that are not? We’ll call this the puzzle of enforceability and our paper considers three broad strategies for responding to it. The first strategy takes the form of identifying some substantive feature or features that are necessary and/or sufficient for a duty to possess some enforcement status. We consider a range of candidate explanations of this sort but find that none are plausible. The second strategy rejects the idea that there are genuinely enforcement-inapt duties and instead seeks to explain why there can nonetheless be marked differences amongst duties concerning how they can be enforced and who can enforce them. We find that this strategy too is largely unsuccessful. The third strategy offered seeks an explanation of differences in enforcement status by appeal to the broader social costs of enforcing certain kinds of duties. We find that this approach holds some promise but note that it requires adopting a controversial set of moral commitments. We conclude by considering our options in the absence of a solution to our puzzle. (shrink)

This paper examines the idea that forgiveness requires, either for its existence or for its justification, the meeting of moral and epistemic conditions which show that resentment is no longer warranted. I argue that this idea results in over-intellectualizing and over-moralizing forgiveness, and in failing to accommodate its elective nature. I sketch an alternative account, which appeals to the differences between emotions and beliefs, and the idea that we have more rational optionality with respect to emotions.

Margaret Gilbert presents the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. Gilbert argues that joint commitment is a ground of demand-rights, and gives joint commitment accounts of both agreements and promises.

This is a new analysis of rights, particularly of the paradigm: the claim-right. The new analysis makes better sense of rights than the leading alternatives do. The new analysis handles all of the well-known counterexamples to the Will and Interest theories; it seems not to generate counterexamples of its own; and it solves many long-standing puzzles in the theory of rights. Moreover, the central concepts of the new theory are as salient and forceful as are rights themselves.

In my view, gratitude is better understood as a virtue than as a source of duties. In addition to showing how virtue theory provides a better match for our moral phenomenology of gratitude, I argue that recent work in the area of the suberogatory, our considered judgments concerning the role of third parties, our reluctance to posit claim‐rights to gratitude, and the observations of preceding studies of the subject all lend support to my contention that the language of duties is (...) ill‐suited to describe the moral dynamics of gratitude. (shrink)

I argue for adopting a conception of obligation that is broader than the conception commonly adopted by moral philosophers. According to this broader conception, the crucial marks of an obligatory action are, first, that the reasons for the obliged party to perform the action include an exclusionary reason and, second, that the obliged party is the appropriate target of blaming reactive attitudes, if they inexcusably fail to perform the obligatory action. An obligation is directed if the exclusionary reason depends on (...) the relationship between the obliged person and the person to whom they owe the obligatory action, and the latter person is positioned to personally blame the obligated person for inexcusably failing to perform the obligatory action. Some direc- ted obligations are not owed as a matter of right, and the person to whom the obligatory action is owed is the only person positioned to blame nonperformance. Other directed obligations are owed as a matter of right, and people who are not part of the relationship grounding the obligation nevertheless are also positioned to (impersonally) blame non-performance. Only the rights-based form of directed obligation has received signifi- cant attention from moral philosophers, yet the former—which is at the heart of what I call “personal bonds”—is a pervasive and significant theme of our ordinary interpersonal lives. (shrink)

Unless rights are claimable, it is sometimes argued, they are no more than rhetorical gestures which mock the poor and needy. But what makes a right claimable? If rights are to avoid the charge of emptiness, I argue, they must be effectively enforceable. But what does this involve? I identify three conditions of enforceability, and four sets of broader circumstances in which these conditions can be met. I discuss the implications of this analysis of rights for multicultural societies, and conclude (...) that the conditions in which appeals to rights are useful are more limited than many contemporary theorists allow. (shrink)

This paper addresses an alleged paradox regarding gratitude—that a duty of gratitude is odd or puzzling if not paradoxical. The gist of our position is that in prototypical cases, gratitude expression falls under a distinctive deontic category we call morally expected—which has a corresponding contrary deontic category we call morally offensive. These categories, we maintain, need recognition in normative ethics to make proper sense of the moral status of gratitude expression and other morally charged restrictions on action, and likewise to (...) make proper sense of the moral status of failures to abide by such restrictions. We argue for our view largely on phenomenological grounds. (shrink)

Journal of Political Philosophy, EarlyView.

This article investigates a puzzle about gratitude—the proper response, in a beneficiary, to an act of benevolence from a benefactor. The puzzle arises from three platitudes about gratitude: 1) the beneficiary has certain obligations of gratitude; 2) these obligations are owed to the benefactor; and 3) the benefactor has no right to the fulfillment of these obligations. These platitudes suggest that gratitude is a counterexample to the “correlativity thesis” in the moral domain: the claim that strict moral obligations correlate to (...) moral rights on the part of the person to whom the obligation is owed. The goal of this chapter is to determine whether the three gratitude platitudes are true, and, if they are, what they tell us about the correlativity thesis. Sections 1 through 3 argue for the truth of each of the platitudes. It is then argued that while benefactors lack standing to demand, they do possess an imperfect right to gratitude: a special and morally significant standing to remonstrate with ungrateful beneficiaries. These facts suggest the following modification of the standard correlativity thesis: moral obligations entail moral rights on the part of the person to whom they are owed, which may be perfect (demandable) or imperfect. (shrink)

Gift and gratitude are examined as moral realities and are found to play a variety of roles in the moral life and in moral discourse. Some of these have to do with obligations arising from the gift relation while others stand in some tension with the idea of obligation. The relation between these two kinds of elements is explored. Gift and gratitude are also examined in relation to moral agenthood. The analysis is then tested for its usefulness in relation to (...) some problematic gifts cited in Christian ethics. Finally, some normative implications of the analysis are briefly suggested. (shrink)