There are plenty of classic paradoxes about conditional obligations, like the duty to be gentle if one is to murder, and about “supererogatory” deeds beyond the call of duty. But little has been said about the intersection of these topics. We develop the first general account of conditional supererogation, with the power to solve familiar puzzles as well as several that we introduce. Our account, moreover, flows from two familiar ideas: that conditionals restrict quantification and that supererogation emerges (...) from a clash between justifying and requiring reasons. (shrink)

ABSTRACT: So far in this book, we have examined algorithmic decision systems from three autonomy-based perspectives: in terms of what we owe autonomous agents (chapters 3 and 4), in terms of the conditions required for people to act autonomously (chapters 5 and 6), and in terms of the responsibilities of agents (chapter 7). -/- In this chapter we turn to the ways in which autonomy underwrites democratic governance. Political authority, which is to say the ability of a government to exercise (...) power, may be justifiable or not. Whether it is justified and how it can come to be justified is a question of political legitimacy. Political legitimacy is another way in which autonomy and responsibility are linked. This relationship is the basis of the current chapter, and it is important in understanding the moral salience of algorithmic systems. We will draw the connection as follows. We begin, in section 8.1, by describing two uses of technology: crime predicting technology used to drive policing practices and social media technology used to influence elections (including by Cambridge Analytica and by the Internet Research Agency). In section 8.2 we consider several views of legitimacy and argue for a hybrid version of normative legitimacy based on one recently offered by Fabienne Peter. In section 8.3 we will explain that the connection between political legitimacy and autonomy is that legitimacy is grounded in legitimating processes, which are in turn based on autonomy. Algorithmic systems—among them PredPol and the Cambridge Analytica-Facebook-Internet Research Agency amalgam—can hinder that legitimation process and conflict with democratic legitimacy, as we argue in section 8.4. We will conclude by returning to several cases that serve as through-lines to the book: Loomis, Wagner, and Houston Schools. -/- The link below is to an open-access copy of the chapter. (shrink)

Shared Decision Making (‘SDM’) is one of the most significant developments in Western health care practices in recent years. Whereas traditional models of care operate on the basis of the physician as the primary medical decision maker, SDM requires patients to be supported to consider options in order to achieve informed preferences by mutually sharing the best available evidence. According to its proponents, SDM is the right way to interpret the clinician-patient relationship because it fulfils the ethical imperative of respecting (...) patient autonomy. However, there is no consensus about how decisions in SDM contexts relate to the principle of respect for autonomy. In response, I demonstrate that in order to make decisions about what treatment they will or will not receive, patients will be required to meet different conditions depending on the approach proponents of SDM take to understanding personal autonomy. Due to the fact that different conceptions of autonomy yield different obligations, I argue that if physicians and patients satisfied all the conditions described in standard accounts of SDM, then SDM would undermine patient autonomy. (shrink)

Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start in (...) natural law theory, founded on what to Rousseau’s mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to man’s perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of the “Social Contract” should not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseau’s view, this republic is the enabling condition of natural liberty. -/- . (shrink)

This essay has two aims. The first is to correct an increasingly popular way of misunderstanding Belot's Orgulity Argument. The Orgulity Argument charges Bayesianism with defect as a normative epistemology. For concreteness, our argument focuses on Cisewski et al.'s recent rejoinder to Belot. The conditions that underwrite their version of the argument are too strong and Belot does not endorse them on our reading. A more compelling version of the Orgulity Argument than Cisewski et al. present is available, however---a point (...) that we make by drawing an analogy with de Finetti's argument against mandating countable additivity. Having presented the best version of the Orgulity Argument, our second aim is to develop a reply to it. We extend Elga's idea of appealing to finitely additive probability to show that the challenge posed by the Orgulity Argument can be met. (shrink)

Our moral obligations can sometimes be collective in nature: They can jointly attach to two or more agents in that neither agent has that obligation on their own, but they – in some sense – share it or have it in common. In order for two or more agents to jointly hold an obligation to address some joint necessity problem they must have joint ability to address that problem. Joint ability is highly context-dependent and particularly sensitive to shared (...) (or even common) beliefs. As such, joint ability can be deliberately generated in a given collection of agents by providing information related to collective goals and contributory actions. As moral agents, we regularly face problems wherein the outcome of our actions depends on how others choose. There are two ways of deliberating about our own choices in such cases. We can either think of our choices as best responses to others’ choices (I-mode reasoning). Or we can think of our own choices as contributions to the collectively best option (even when we do not know how others are (likely) to choose) (we-mode reasoning). In deliberating about the right (individual) course of action vis-à-vis collective action problems, agents regularly we-frame the case at hand, that is, they include options in their deliberation that are only collectively available, and they we-reason with regard to their individual contributory actions. It is a necessary condition for collective obligations that potential collaborators facing a joint necessity case have grounds to privilege we-reasoning over reasoning in I-mode. (shrink)

This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From (...) this perspective, the content and justification of political obligations cannot be determined in a way that is in principle separable from their application. This casts ‘political obligation’ not as a problem to be philosophically resolved, but as a political predicament that calls for a kind of practical engagement. The merit of this perspective is to draw our attention toward the conditions under which the problem appears as a lived predicament. (shrink)

It is frequently argued that to address structural injustice, individuals should participate in collective actions organized by civil society organizations, but the role and the normative status of CSOs are rarely discussed. In this paper, we argue that CSOs semi-perfect our shared obligation to address structural injustice by defining shared goals as well as taking actions to further them. This assigns a special moral status to CSOs, which in turn gives rise to our duty to support them. Thus, we (...) do not have full discretion when deciding whether to join collective actions or not. Under certain conditions, we can even be forced by others to do our share. (shrink)

On the basis of the problem of the possible compulsory nature of vaccines against Covid-19, this paper considers the sources that allow us to justify the imposition of collective measures. The social contract theory provides a rational basis for the universality of ethical and natural law obligations, including conditional respect for a protected domain of individual physical and moral integrity. However, the practical application of the covenant is subject to the uncertainty of what effective consequences the policies have. Ethical (...) principles show the problem of application in the environment of epistemological uncertainty. Only in a free society, with free scrutiny and deliberation, can justified knowledge be achieved that allows social measures to be agreed upon. The characteristics of the case that is the subject of this article lead to the conclusion that Covid-19 vaccines are not ethically obligatory, universally, but they can generate reasoned health measures, promotion, and limitations, based on proven positive effects, as a technical matter. (shrink)

I argue that normative requirements should be interpreted as the conditional obligations of dyadic deontic logic. Semantically, normative requirements are conditionals understood as restrictors, the prevailing view of conditionals in linguistics. This means that Modus Ponens is invalid, even when the premises are known.

Many writers describe a sense of requirement in aesthetic experience: some aesthetic objects seem to demand our attention. In this paper, I consider whether this experienced demand could ever constitute a genuine normative requirement, which I call an aesthetic obligation. I explicate the content, form, and satisfaction conditions of these aesthetic obligations, then argue that they would have to be grounded neither in the special weight of some aesthetic considerations, nor in a normative relation we bear to aesthetic objects (...) as such, but in the connections that certain aesthetic considerations have to our practical identities. On the practical identity approach, aesthetic obligation is best understood as a species of promissory obligation, namely self-promising. But this means that the experienced demand can have, at best, the status of a veridical hallucination: although both have the same content, it is the self-promise, and not the experienced demand, that gives rise to the obligation. While aesthetic obligations concern aesthetic objects, they are not obligations to the aesthetic per se. (shrink)

Since it was presented in 1963, Chisholm’s paradox has attracted constant attention in the deontic logic literature, but without the emergence of any definitive solution. We claim this is due to its having no single solution. The paradox actually presents many challenges to the formalization of deontic statements, including (1) context sensitivity of unconditional oughts, (2) formalizing conditional oughts, and (3) distinguishing generic from nongeneric oughts. Using the practical interpretation of ‘ought’ as a guideline, we propose a linguistically motivated (...) logical solution to each of these problems, and explain the relation of the solution to the problem of contrary-to-duty obligations. (shrink)

Shared agency is a distinctive kind of sociality that involves interdependent planning, practical reasoning, and action between participants. Philosophical reflection suggests that agents engage in this form of sociality when a special structure of interrelated psychological attitudes exists between them, a set of attitudes that constitutes a collective intention. I defend a new way to understand collective intention as a combination of individual conditional intentions. Revising an initial statement of the conditional intention account in response to several challenges (...) leads to a specification of the properties these intentions need to have in order to be genuine commitments. I then show how a structure of conditional intentions with these properties settles a collection of agents on engaging in social interactions that display all the features typically associated with shared agency. (shrink)

What obligations are there on voters? This paper argues that voters should make their electoral decision competently, and does so by developing on a recent proposal for democratic legitimacy. It then explores three problems arising from this ‘competency obligation’. First, how should voters be competent? I propose three conditions required for voter competence. Second, how competent should voters be? I argue that the competency required tracks the significance of the consequences of the vote. Third, if the electorate are unlikely (...) to deliver a competent decision, should suffrage be restricted to the competent alone? I defend unrestricted suffrage on the grounds that restricting suffrage cannot guarantee a competently made electoral decision. Instead, obligations on voters should be minimised by political parties satisfying their obligations to be politically sound; if they are sound, then the obligation to be competent can be easily satisfied by voters. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. (...) Many existing states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

The ambition of the paper is to provide a solution to the problem posed by Von Wright (1999): how is it possible that the two actions, one of producing P and the other of preventing P can have different deontic status, the former being obligatory and the latter being forbidden. The solution for the problem is sought for by an investigation into connections between imperative and deontic logic. First, it is asked whether a solution could be found in Lemmon's (1965) (...) system of "change logic", using his idea on connection between logic of orders being in force and deontic logic. The answer is the negative one. Next, the connection between Lemmon's imperative logic and deontic logic given in Aqvist's paper - "Next" and "Ought" (1965) - is analyzed. Than, the Lemmon's treatment of imperatives is restricted to the natural language imperatives and Aqvist's way of connecting imperative and deontic logic is modified accordingly. Some principles for the natural language imperatives are established (the negation rule ; the law of contraposition for imperative conditionals) and a simple "global" semantics is developed. The notion of "opposite action" is introduced and it is given an important role in semantics. Finally, a solution for von Wright's problem is given. In the closing sections some further topics for investigation are hinted: one of them being the connection between Aqvist's epistemic- imperative conception of interrogatives and "epistemic obligations", the other being formalization of the idea that imperatives create and re-create obligation patterns that can be described in deontic terms. (shrink)

In this paper, I try to make sense of the possibility of several forms of voluntarily undertaken “sexual obligation.” The claim that there can be sexual obligations is liable to generate worries with respect to concerns for gender justice, sexual freedom, and autonomy, especially if such obligations arise in a context of unjust background conditions. This paper takes such concerns seriously but holds that, despite unjust background circumstances, some practices that give rise to ethical sexual obligations can actually ameliorate (...) some of the problems caused by such background conditions. Similarly, despite a surface appearance that sexual obligation and sexual autonomy are in tension, this need not be the case. By understanding how practices and conventions regulate the way such obligations can arise, this paper shows how supporting the possibility of sexual obligation can actually facilitate individual efforts to achieve sexual autonomy. (shrink)

Obligations to reduce one’s green house gas emissions appear to be difficult to justify prior to large-scale collective action because an individual’s emissions have virtually no impact on the environmental problem. However, I show that individuals’ emissions choices raise the question of whether or not they can be justified as fair use of what remains of a safe global emissions budget. This is true both before and after major mitigation efforts are in place. Nevertheless, it remains difficult to establish an (...) obligation to reduce personal emissions because it appears unlikely that governments will in fact maintain safe emissions budgets. The result, I claim, is that under current conditions we lack outcome, fairness, promotional, virtue or duty based grounds for seeing personal emissions reductions as morally obligatory. (shrink)

Discussions on hypothetical gods virtually always focus on the latter’s existence or nonexistence. However, this is only the secondary question. Heroical apatheism distinguishes these questions from the primary question, which pertains to the importance of these gods. It is a deeply ingrained assumption that if the gods have created the universe and humankind, then this implicitly entails the obligations that these gods must be worshipped and obeyed. These relations between existence and acts and worship and obedience to the gods are (...) so commonplace that virtually no one questions their existence. The rights of these gods are simply assumed at face value. However, the issues pertaining to these necessary relations are not trivial in any respect. This paper highlights these relations by first formulating two cosmological models for the initial condition of the universe and, thereafter, applying these in the analyses of the claims regarding these relations. By doing so, it shows that the justifications for the aforementioned obligations always result in a Münchhausen bootstrapping circularity or are ad hoc. Any necessary relations between existence and worship and between acts of creation and obedience cannot be demonstrated. Furthermore, these assumptions are based on the frequently overlooked reasoning that arguing for or against the obligations to the gods implicitly assumes that these gods have a right to such obligations to begin with. However, all that can be shown is the power to enforce obedience. Thus, heroical apatheism is founded on neither doubt nor disobedience because disobedience implies that an authority exists and an authority’s right presupposes that there is such a right. However, there is no such right, and we do not equate might with right. (shrink)

Addressing concerns about the treatment of psychopaths, Grant Gillett and Flora Huang (2013) argue that we ought to accept a relational or holistic view of psychopathy and APSD rather than the default biomedical-deficit model since the latter “obscures moral truths about the psychopath”. This change in approach to the psychopath will both mitigate at least some of their moral responsibility for the harms they cause, and force communities to incur special obligations, so they claim, because the harms endured by psychopaths (...) will be understood as part of the cause for the harms they are guilty of committing. However, as I will argue, even if we accept that a relational or holistic approach is better suited to understand psychopathy (which is itself contentious), it does not follow that their responsibility is mitigated in a way that causes communities to have special obligations to them as Gillett and Huang suggest. A diagnosis of APSD or psychopathy does not, prima facie, exculpate an agent or suggest a different way of treating them. My discussion will focus on the widely accepted excusing conditions one must meet for responsibility to me mitigated and conclude, contra Gillett and Huang, that psychopaths are no different from you or I with regards to having a causal history that leads to action. Outside forces play a role in all of our behavior. If the psychopath is owed anything because of the way they have come to understand the world then we all are owed that same debt. (shrink)

Philosophical defenses of parents’ rights typically appeal to the interests of parents, the interests of children, or some combination of these. Here I propose that at least in the case of biological, non-adoptive parents, these rights have a different normative basis: namely, these rights should be accorded to biological parents because of the compensatory duties such parents owe their children by virtue of having brought them into existence. Inspried by Seana Shiffrin, I argue that procreation inevitably encumbers the wills of (...) children in otherwise morally objectionable ways. Such subjection generates duties to compensate children, even if the child’s life is on balance a benefit to her. The right to procreate is thus conditioned on prospective parent’s willingness to compensate for the harms of procreation. And because parents bear such compensatory duties, they must be accorded permissions (i.e., rights) to fulfill these duties. These rights include familiar exclusionary rights to promote children’s welfare, etc. Moreover, because subjecting children to harms or the risks thereof violates their autonomy, parental duties (and rights) include the provision of education and other goods that enable their subsequent autonomy as adults. Grounding parental rights in compensatory procreative duties avoids problems associated with appeals to the interests of children (e.g., that these interests do not seem to generate exclusive parental rights) or to the interests of parents (e.g., that these interests do not appear strong enough to permit the creation of a new, vulnerable human individual). (shrink)

The program put forward in von Wright's last works defines deontic logic as ``a study of conditions which must be satisfied in rational norm-giving activity'' and thus introduces the perspective of logical pragmatics. In this paper a formal explication for von Wright's program is proposed within the framework of set-theoretic approach and extended to a two-sets model which allows for the separate treatment of obligation-norms and permission norms. The three translation functions connecting the language of deontic logic with the (...) language of the extended set-theoretical approach are introduced, and used in proving the correspondence between the deontic theorems, on one side, and the perfection properties of the norm-set and the ``counter-set'', on the other side. In this way the possibility of reinterpretation of standard deontic logic as the theory of perfection properties that ought to be achieved in norm-giving activity has been formally proved. The extended set-theoretic approach is applied to the problem of rationality of principles of completion of normative systems. The paper concludes with a plaidoyer for logical pragmatics turn envisaged in the late phase of Von Wright's work in deontic logic. (shrink)

This paper presents a case for the claim that the infamous miners paradox is not a paradox. This contention is based on some important observations about the nature of ignorance with respect to both disjunctions and conditional obligations and their modal features. The gist of the argument is that given the uncertainty about the location of the miners in the story and the nature of obligations, the apparent obligation to block either mine shaft is cancelled.

This paper discusses an important puzzle about the semantics of indicative conditionals and deontic necessity modals (should, ought, etc.): the Miner Puzzle (Parfit, ms; Kolodny and MacFarlane, J Philos 107:115–143, 2010). Rejecting modus ponens for the indicative conditional, as others have proposed, seems to solve a version of the puzzle, but is actually orthogonal to the puzzle itself. In fact, I prove that the puzzle arises for a variety of sophisticated analyses of the truth-conditions of indicative conditionals. A comprehensive (...) solution requires rethinking the relationship between relevant information (what we know) and practical rankings of possibilities and actions (what to do). I argue that (i) relevant information determines whether considerations of value may be treated as reasons for actions that realize them and against actions that don’t, (ii) incorporating this normative fact requires a revision of the standard ordering semantics for weak (but not for strong) deontic necessity modals, and (iii) an off-the-shelf semantics for weak deontic necessity modals, due to von Fintel and Iatridou, which distinguishes “basic” and “higher-order” ordering sources, and interprets weak deontic necessity modals relative to both, is well-suited to this task. The prominence of normative considerations in our proposal suggests a more general methodological lesson: formal semantic analysis of natural language modals expressing normative concepts demands that close attention be paid to the nature of the underlying normative phenomena. (shrink)

Every adequate semantics for conditionals and deontic ought must offer a solution to the miners paradox about conditional obligations. Kolodny and MacFarlane have recently argued that such a semantics must reject the validity of modus ponens. I demonstrate that rejecting the validity of modus ponens is inessential for an adequate solution to the paradox.

The work tends to point out the deficiency of some opinions claiming simplified presentation of the promise as the act that directly rise obligation for the promisor. Promises, either in the moral or legal sphere, are based on communication and so form an order of dependent steps that indicates their procedural nature. These characteristics may differ to a lesser extent, depending on the legal systems, moral norms of the society and its technical level and its needs. In all these (...) cases, however, the procedural characteristics of promises, especially in conditional promises, as well as the promises in contractual relations, persists. In our analysis we wish to show that the consistent conception of promise has to take into account a step of acceptance. The outcome of this approach relativizes a strong distinction between promise and offer. (shrink)

According to typical ought-implies-can principles, if you have an obligation to vaccinate me tomorrow, then you can vaccinate me tomorrow. Such principles are uninformative about conditional obligations: what if you only have an obligation to vaccinate me tomorrow if you synthesize a vaccine today? Then maybe you cannot vaccinate me tomorrow ; what you can do instead, I propose, is make it the case that the conditional obligation is not violated. More generally, I propose the (...) ought-implies-can-obey principle: an agent has an obligation only at times at which the agent can obey the obligation. I also propose another principle, which captures the idea that ‘ought’ implies ‘can avoid’. I defend both principles mainly by arguing that they help explain why agents lose obligations, including conditional ones. (shrink)

There has been a recent surge of work on deontic modality within philosophy of language. This work has put the deontic logic tradition in contact with natural language semantics, resulting in significant increase in sophistication on both ends. This chapter surveys the main motivations, achievements, and prospects of this work.

According to John Locke, the conditions of human happiness establish the content of natural law, but God’s commands make it morally binding. This raises two questions. First, why does moral obligation require an authority figure? Second, what gives God authority? I argue that, according to Locke, moral obligation requires an authority figure because to have an obligation is to be accountable to someone. I then argue that, according to Locke, God has a kind of parental authority inasmuch (...) as he is bound by covenant to guide us by revealing the content of the moral law. (shrink)

In this book some options concerning the greenhouse effect are assessed from a welfarist point of view: business as usual, stabilization of greenhouse gas emissions and reduction by 25% and by 60%. Up to today only economic analyses of such options are available, which monetize welfare losses. Because this is found to be wanting from a moral point of view, the present study welfarizes (among others) monetary losses on the basis of a hedonistic utilitarianism and other, justice incorporating, welfare ethics. (...) For these welfarist evaluations information about the social consequences of the four options are collected from the literature and eventually corrected; then the consequences for individual well-being are assessed based on psychological research about well-being dependent on the social situation of the individual; finally the aggregation formulas of the respective welfare ethics are applied to these data. Assessments by other types of ethics, e.g. Kantian ethic, are included. The strongest abatement option is found to be optimum with great unanimity. - In addition a cost-welfare analysis of greenhouse gas abatement is undertaken revealing efficient cost-welfare ratios for these measures and the most efficient ratio for the strongest option. - A final, more theoretical part discusses the moral obligations following from such evaluations. The notion of 'moral obligation' is explained in a way that, apart from moral goodness of the required act, reinforcement by formal or informal sanctions is another necessary condition for moral obligations. This leads to a conception of a historical morality according to which the demands of morality rise in the long run. Applying this conception to the greenhouse effect implies that presently we have the moral duty to raise the standards of greenhouse gas abatement as much as is politically feasible. (shrink)

Knowledge is necessary for certain moral obligations. In learning something new, one sometimes triggers a moral obligation. This paper argues that the existence of these knowledge-based obligations poses a problem for the view that we are not only free to choose the course of our own lives, including our careers and personal projects, but also free to change our minds and quit at any time to pursue something else. For if our choice of life path has generated knowledge-based moral (...) obligations that we must fulfill, then it is apparently not true that we can quit at any time. To resolve this tension, this paper proposes a relatively demanding set of conditions under which it is permissible to swap one career or life project for another. The resulting compromise reconciles the moral force of knowledge-based obligations with the basic freedom to choose less-than-optimal careers and projects. It also highlights the distinctive role played by knowledge and expertise in generating the intractable problem of morality’s demandingness. (shrink)

Non-moral blame seems to be widespread and widely accepted in everyday life—tolerated at least, but often embraced. We blame athletes for poor performance, artists for bad or boring art, scientists for faulty research, and voters for flawed reasoning. This paper argues that non-moral blame is never justified—i.e. it’s never a morally permissible response to a non-moral failure. Having explained what blame is and how non-moral blame differs from moral blame, the paper presents the argument in four steps. First, it argues (...) that many (perhaps most) apparent cases of non-moral blame are actually cases of moral blame. Second, it argues that even if non-moral blame is pro tanto permissible—because its target is blameworthy for their substandard performance—it often (perhaps usually) fails to meet other permissibility conditions, such as fairness or standing. Third, it goes further and challenges the claim that non-moral blame is ever even pro tanto permissible. Finally, it considers a number of arguments in support of non-moral obligations and argues that none of them succeed. (shrink)

Este artículo considera el problema de justicia en la investigación biomédica en países en desarrollo. En particular se hace foco en la discusión de si el requisito de poner a disposición toda intervención probada efectiva puede ser considerado como una obligación post investigación de los patrocinadores hacia la comunidad anfitriona. Primero, se discuten las concepciones de la Comisión Nacional de Asesoramiento sobre Bioética (NBAC) de los Estados Unidos y de las guías éticas internacionales sobre la obligación post investigación hacia la (...) comunidad. Luego, se examinan las interpretaciones del modelo de disponibilidad razonable y el modelo de beneficios justos sobre la condición de acceso a los beneficios post investigación. Por último, presento y critico el argumento del carácter contraproducente de la obligación post investigación que afirma que la obligación post investigación limita el desarrollo de la investigación y empeora la situación de las poblaciones de los países en desarrollo. [ABSTRACT] This article refers to the problem of justice in biomedical research in developing countries and in particular it focus in the discussion of whether the requirement of making available any effective intervention could be consider a post-trial obligation of the sponsor towards the host community. First, the National Advisory Bioethics Commission’s (NBAC) conception and the international guidelines’ conception of post-trial obligations towards the community are discussed. Second, the interpretation of reasonable availability model and the fair benefits model of the condition of access to post trial benefits are examined. Finally, I present and criticize the moral counterproductive argument which affirms that post trial obligations towards the community prevent new drug research and make population in developing countries worse off. (shrink)

For the political naturalist, skepticism about political obligations only arises because of a basic confusion about the necessity of the state for human well-being. From this perspective, human beings are naturally political animals and cannot flourish outside of political relationships. In this paper, I suggest that this idea can be developed in two basic ways. For the thick naturalist, political institutions are constitutive of the best life. For the thin naturalist, they secure the basic background conditions of peace and stability (...) that are necessary for any minimally decent human life. Both approaches, however, are problematic, and while political institutions might have a special kind of value for human well-being, it is difficult to convert this claim into a justification for political obligations. (shrink)

This paper argues that a class of popular views of collective intention, which I call “quasi-psychologism”, faces a problem explaining common intuitions about collective action. Views in this class hold that collective intentions are realized in or constituted by individual, mental, participatory intentions. I argue that this metaphysical commitment entails persistence conditions that are in tension with a purported obligation to notify co-actors before leaving a collective action attested to by participants in experimental research about the interpersonal normativity of (...) collective action. I then explore the possibilities open to quasi-psychologists for responding to this research. (shrink)

Hegel for the most part insists we support existing practices: they have endured, have socialized us, are our home. At times Hegel seems to demand conformity, to leave no room for dissent or disobedience. Hegel gives great weight to the authority of the state and of custom. But Hegel does not leave the individual confronted with an unjust state powerless. To Hegel, we are obligated to obey the law if we are at home in the state, if its practices, institutions (...) and laws are rational, if the free will "comes into existence" in it. But on Hegel's view, if the practices, institutions and laws of the state are not rational, we are not obligated to comply with their demands. Few recognize that Hegel even allows for justified disobedience, let alone that he can tell us anything about the conditions under which disobedience is justified. This is partly attributable to the fact that important texts concerning Hegel's views have only recently been discovered and published. For example, in a passage from one of these texts, a set of notes of Hegel's lectures on political philosophy, Hegel declares that if my free will does not come into existence in the state, I have no corresponding duty to the state. My purpose is to articulate a distinctive Hegelian theory of justified disobedience, show how it differs both from the traditional understandings of Hegel's views and from contemporary approaches to the problem of justified disobedience, and briefly to point to some difficulties with Hegel's position that need to be worked out if it is to be a satisfactory alternative. (shrink)

Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (shrink)

The article focuses on the justification provided by classical contract theory for the right of states to enact laws and the corresponding obligation of political allegiance. First the distinction between political authority and parental authority developed by John Locke in his seminal work “Two Treatises of Government” is explored. Thereafter it is discussed why the interests the individuals have in the creation of a state fail to vindicate the exercise of governmental power. As regards David Hume’s influential objections to (...) contract theory it is argued that the consent criterion of political legitimacy withstands his criticism. Hume cannot establish that the core idea of Locke’s justificatory approach is mistaken; he merely demonstrates that hardly any existing state meets the consent requirement. Finally the question is discussed which conditions a state must fulfil in order to be entitled to claim that its citizens tacitly approve of its authority. (shrink)

This chapter examines an evidentialist ethics of belief, and W. K. Clifford’s proposal in particular. It argues that regardless of how one understands the notion of evidence, it is implausible that we could have a moral obligation to refrain from believing something whenever we lack sufficient evidence. Alternatively, this chapter argues that there are wide-scope conditional requirements on beliefs but that these requirements can be met without having sufficient evidence for the belief in question. It then argues that (...) we are epistemically, though not morally, required to form epistemically valuable beliefs. However, these beliefs, too, need not be beliefs for which we have sufficient evidence—epistemically good beliefs need not be based on sufficient evidence. (shrink)

The war on drugs is widely criticized as unjust. The idea that the laws prohibiting drugs are unjust can easily lead to the conclusion that those laws do not deserve our respect, so that our only moral reason to obey them flows from a general moral obligation to obey the law, rather than from anything morally troubling about drug use itself. In this paper, I argue that this line of thinking is mistaken. I begin by arguing that the drug (...) laws are indeed unjust. However, so long as they remain prohibited, I argue that we have strong moral reasons to avoid drug use. First, drug users are partly responsible for the violent and exploitative conditions in which many drugs are produced and distributed. Second, the unequal ways in which drug laws are enforced make drug use by many an unethical exercise of privilege. These reasons do not depend on the existence of a general moral obligation to obey the law; we ought to refrain from illegal drug use even if prohibition is unjust and even if we have no general obligation to obey the law. In fact, drug laws turn out to represent an interesting exception case within the broader debate about this obligation, and I argue that it is the very injustice of the law that generates the reasons not to violate it. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...) our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

Speech acts are governed by a variety of illocutionary norms. Building on Sbisà’s (2019) work, this chapter attempts to develop a common framework to study them. Four families of illocutionary rules are identified: (i) Validity rules set conditions for (actual) performance; (ii) Cooperative rules set conditions for cooperative performance; (iii) Illocutionary goals set conditions for successful performance; (iv) Illocutionary obligations set conditions for compliance. Illocutionary rules are often taken to play a constitutive role: speech acts are said to be constituted (...) by the unique set of rules that regulates them. Against this view, it is argued that many illocutionary rules are instead best construed as rationally derivable expectations of cooperation. This alternative paradigm provides fertile ground to reconcile scholarly disagreement between speech act theorists, and yields a promising explanation of how illocutionary norms are learned and evolve through time. (shrink)

All retailers are obliged to compete in an environment which is characterised by increasing competition, uncertain economic conditions and the increasingly sophisticated desires of consumers. In response, retailers have been prompted to improve not only the ranges of products which they offer, but the quality of their service as well. Some food retailers, however, have gained a reputation for the poor quality of their service. By contrast, those food retailers which consistently provide their customers with service which is perceived to (...) be of high quality are usually rewarded with high levels of both satisfaction and loyalty among their customers, which tends to minimise the likelihood of customers defecting to competitors and ultimately results in the retailers concerned maintaining their profitability in a sustainable manner. On the assumption that the youth represents a significant market for any retailer, it is a central tenet of this paper that retailers which are able to attract and muster support among the youth would inevitably increase both their viability and their sustainability. Accordingly, the study upon which this paper is based sought to gauge the perceptions of the youth of the importance of receiving high quality service from the large food retailers which they patronised most. A quantitative research approach was adopted to gather the data from a final research sample of 176 first year students who were enrolled to study towards the National Diploma in Retail Business Management at the Cape Peninsula University of Technology. Students who were studying towards this particular qualification were purposively selected because it was assumed that they would be familiar with retail concepts and be acutely aware of concerns pertaining to service quality. A self-administered questionnaire was considered to represent the optimal means of gathering relevant and appropriate data. The findings suggest that although large food retailers were generally perceived as successfully providing high quality service in some respects, in others they were generally less successful. It was evident that the respondents perceived, to a very significant degree, that the physical attributes of large retail food stores were the most important determinants of service quality. Attributes which pertained to convenience received particularly high ratings from the respondents, as did the quality of the products which were offered by retailers. Those determinants of service quality which pertained to interactions with the sales staffs of the retailers received the lowest ratings. The fact that the respondents rated the quality of the products which were offered as being of greater concern than their prices suggested that they would be inclined to remain loyal to large food retailers which met their perceived requirements for overall quality, which would include that of the service which they received from the retailers concerned, even if their prices were higher than those of their competitors. (shrink)

Ignorance is often a perfectly good excuse. There are interesting debates about whether non-culpable factual ignorance and mistake subvert obligation, but little disagreement about whether non-culpable factual ignorance and mistake exculpate. What about agents who have all the relevant facts in view but fail to meet their obligations because they do not have the right moral beliefs? If their ignorance of their obligations derives from mistaken moral beliefs or from ignorance of the moral significance of the facts they have (...) in view, should they be excused for failing to meet their moral obligations? It is not obvious that they should. In this paper we argue that the best non-skeptical accounts of moral responsibility acknowledge that factual ignorance and mistake will diminish moral responsibility in a way that moral ignorance and mistake will not. That is because factual ignorance is often non-culpable so long as it meets certain merely procedural epistemic standards but the same is not true of moral ignorance. Our argument is that the assumption that it is gets the standards of culpability for moral ignorance wrong, and that the mistake is encouraged by the thought that culpability in general requires an instance of known wrongdoing: that acting wrongly requires de dicto unresponsiveness to one’s obligations at some stage. We deny this and conclude that, therefore, ignorance and mistaken belief are indeed often perfectly good excuses – but far less often than some philosophers claim. (shrink)

Could it be true that even though we as a group ought to do something, you as an individual ought not to do your part? And under what conditions, in particular, could this happen? In this article, I discuss how a certain kind of case, introduced by David Copp, illustrates the possibility that you ought not to do your part even when you would be playing a crucial causal role in the group action. This is because you may have special (...) agent-relative reasons against participating that are not shared by the group as a whole. I defend the claim that these are indeed cases in which you ought not to do your part in what the group ought to do. I then argue that we can expect these cases to produce a troubling kind of rational conflict. (shrink)

Debates on humanitarian intervention have focused on the permissibility question. In this paper, I ask whether intervention can be a moral duty, and if it is a moral duty, how this duty is to be distributed and assigned. With respect to the first question, I contemplate whether an intervention that has met the "permissibility" condition is also for this reason necessary and obligatory. If so, the gap between permission and obligation closes in the case of humanitarian intervention. On the (...) second question, I propose 'institutionalizing" the duty to intervene. In this way, an otherwise imperfect obligation to intervene can be made "perfect" and specific to some agent. (shrink)

This essay examines one of the most obscure and controversial tenets of Kant’s critical philosophy, his claim in the Critique of Practical Reason that the moral law is immediately and unquestionably valid as an a priori fact of reason (Factum der Vernunft). This argument curiously inverts Kant’s earlier stance in the Groundwork of the Metaphysics of Morals, in which he justifies the reality of the categorical imperative through a much more cautious and qualified authentication of transcendental freedom. Against constructivist readings (...) which tend to downplay the justificatory burden of the Factum, I claim that Kant’s position is best understood as a transcendental argument. In other words, he argues from a given or assured conditioned, consciousness of binding moral obligation, to the sole condition of its possibility in transcendental freedom. In order to rebut the standard objections prompted by this line of interpretation, I emphasize the technical function of Kant’s Factum as both a deed (Tat) and product (Tatsache) of practical reason. (shrink)

In this paper, I develop a quasi-transcendental argument to justify Kant’s infamous claim “man is evil by nature.” The cornerstone of my reconstruction lies in drawing a systematic distinction between the seemingly identical concepts of “evil disposition” (böseGesinnung) and “propensity to evil” (Hang zumBösen). The former, I argue, Kant reserves to describe the fundamental moral outlook of a single individual; the latter, the moral orientation of the whole species. Moreover, the appellative “evil” ranges over two different types of moral failure: (...) while an “evil disposition” is a failure to realize the good (i.e., to adopt the motive of duty as limiting condition for all one’s desires), an “evil propensity” is a failure to realize the highest good (i.e., to engage in the collective project of transforming the legal order into an ethical community). This correlation between units of moral analysis and types of obligation suggests a way to offer a deduction of the universal propensity on behalf of Kant. It consists in tracing the source of radical evil to the same subjective necessity that gives rise to the doctrine of the highest good. For, at the basis of Kant’s two doctrines lies the same natural dialectic between happiness and morality. While the highest good brings about the critically acceptable resolution of this dialectic, the propensity to evil perpetuates and aggravates it. Instead of connecting happiness and morality in an objective relation, the human will subordinatesmorality to the pursuit of happiness according to the subjective order of association. If this reading is correct, it would explain why prior attempts at a transcendental deduction have failed: interpreters have looked for the key to the deduction in the body of Kant’s text, where it is not to be found, for it is tucked, instead, in the Preface to the first edition. (shrink)

Care after research is for participants after they have finished the study. Often it is NHS-provided healthcare for the medical condition that the study addresses. Sometimes it includes the study intervention, whether funded and supplied by the study sponsor, NHS or other party. The NHS has the primary responsibility for care after research. However, researchers are responsible at least for explaining and justifying what will happen to participants once they have finished. RECs are responsible for considering the arrangements. There are (...) ethical and practical issues, in particular when participants may wish to continue on the study intervention after the study. There are also various guidelines and legislation. This document presents a framework of questions to help NHS RECs and their applicants. Information on this document’s development is here. (shrink)

Kant takes the idea of autonomy of the will to be his distinctive contribution to moral philosophy. However, this idea is more nuanced and complicated than one might think. In this chapter, I sketch the rough outlines of Kant’s idea of autonomy of the will while also highlighting contentious exegetical issues that give rise to various possible interpretations. I tentatively defend four basic claims. First, autonomy primarily features in Kant’s account of moral agency, as the condition of the possibility of (...) moral obligation. Second, autonomy amounts to a metaphysical property as well as a normative principle and a psychological capacity. Third, although there is legitimate scholarly disagreement about whether or not autonomy involves self-legislation of the moral law, there is good reason to believe it underwrites an ‘inside-out’ (as opposed to ‘outside-in’) conception of the relationship between the will and moral requirements. Fourth, persons have dignity because their autonomy makes them members in the set of beings over whom the categorical imperative requires us to universalise our maxims, not because autonomy is an independently important property. (shrink)