Humanitarian aid workers typically reject the accolade of hero as both untrue and undesirable. Untrue when they claim not to be acting beyond the call of duty, and undesirable so far as celebrating heroism risks elevating “heroic” choices over safer, and perhaps wiser ones. However, this leaves unresolved a tension between the denial of heroism and a sense in which certain humanitarian acts really appear heroic. And, the concern that in rejecting the aspiration to heroism an opportunity is (...) lost to inspire more and better humanitarian action. Having set out this problem in more detail in Part I, the argument in Part II will suggest that a virtue ethics approach to humanitarian moral obligations can make good sense of our intuitions concerning the role of heroism in humanitarian action. In Part III I will argue that at least “professional” humanitarians, instead of rejecting heroism, should aim to be heroes, in the sense of displaying a virtue of humanity in high-stakes contexts, because this is consistent with the aim of humanitarian action. Finally, some lingering problems of demandingness and motivation are considered. (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 article demonstrates a priori cosmopolitan values of restraint and harm limitation exist to establish a cosmopolitan “no-harm” duty in warfare, predating utilitarianism and permeating modern international humanitarian law. In doing so, the author exposes the atemporal and ahistorical nature of utilitarianism which introduces chaos and brutality into the international legal system. Part 2 conceptualises the duty as derived from the “no-harm” principle under international environmental law. Part 3 frames the discussion within legal pluralism and cosmopolitan ethics, arguing that (...) divergent legal jurisdictions without an international authority necessitates a “public international sphere” to mediate differences leading to strong value-commitment norm-creation. One such norm is the “no-harm” duty in warfare. Part 4 traces the duty to the Stoics, Christianity, Islam, Judaism, African traditional culture, Hinduism, and Confucianism. Parts 5 and 6 explain how the duty manifests in principles of distinction and proportionality under international humanitarian law. (shrink)

Is there is a moral obligation to militarily intervene in another state to stop a genocide from happening (if this can be done with proportionate force)? My answer is that under exceptional circumstances a state or even a non-state actor might have a duty to stop a genocide (for example if these actors have promised to do so), but under most circumstances there is no such obligation. To wit, “humanity,” states, collectives, and individuals do not have an obligation to make (...) such promises in the first place or to create institutions that would impose a legal obligation of intervention upon them. Nor do states or persons or humanity “collectively” have – originally, without specifically creating such duties by contracts or promises – any pro tanto or special duties to save strangers at considerable cost to themselves or their own citizens (including their soldiers). That is, these costs do not merely override a duty to intervene, but rather there is no such duty to begin with – as shown by the fact that in such cases of non-intervention agents would not owe those they let die any compensation: if I do not save someone’s life because saving him would have cost me my arm or would have come with a high risk of losing my own life or would have forced me to kill innocent bystanders, I do not owe this person compensation. Thus the point of this chapter is that there is no “natural” or “general” or “original” duty to militarily intervene (or to create a legal obligation) to stop a genocide. I will consider and refute a number of arguments to the contrary, for example by Lango, Tan, and Pattison. (shrink)

The European ideals – as well as the idea of Europe per se – are faced with a serious challenge due to recent migration crisis: it is not just the reflexes, the effectiveness and the policies, but also the consistency, the principles and the justification of the notion of the European Union that is in stake. Kant’s concept of universal hospitality could probably provide a good way out of this conundrum: while hospitality has largely been viewed as a solidarity-related imperfect (...) duty towards others, that is, a less compelling duty that allows moral agents for certain latitude concerning the occasions and the degree of its implementation, Kant’s views allow for a totally different perspective, and, in my view, a much more philosophically nuanced one: hospitality might also be considered as an autonomy-based duty owed to others, and in this respect could count as a perfect, morally compelling duty. To the extent that the concept of Europe consists in humanitarian ideals that are based upon a strong philosophical humanistic tradition, I consider my claim to be in perfect harmony with the true spirit of Europe. (shrink)

In light of the extent of wild animal suffering, some philosophers have adopted the view that we should cautiously assist wild animals on a large scale. Recently, their view has come under criticism. According to one objection, even cautious intervention is unjustified because fallibility is allegedly intractable. By contrast, a second objection states that we should abandon caution and intentionally destroy habitat in order to prevent wild animals from reproducing. In my paper, I argue that intentional habitat destruction is wrong (...) because negative duties are more stringent than positive duties. However, I also argue that the possible benefits of ecological damage, combined with the excusability of unintended, unforeseeable harm, suggest that fallibility should not paralyse us. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force (...) in a far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (shrink)

The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you (...) own it.” Against these common positions, this chapter argues that compensation should be subordinate to reconstruction, with resources going where they are most needed and can do the most good, rather than to the most aggrieved. Just punishment, meanwhile, presupposes just multilateral institutions – the victor cannot be trusted to mete out punishment fairly. And just interveners, who have already taken on such a heavy burden, are entitled to expect the international community to contribute to reconstruction after they have made the first and vital steps. After presenting each of these objections in greater depth, the chapter proceeds to draw some tentative inferences from the threads running through each, and suggest that they illustrate a distinctive flaw in the way in which jus post bellum is addressed by many just war theorists, who not only see the war as the grounds of post bellum duties, but also take it to specify their content: Specifically, they take the rights violations with which wars are imbued to be the basis for post-war action, but take the content of post-war duties to be focused on rectifying those rights violations, rather than the more forward-looking goal of establishing a lasting peace. This backward-looking orientation unduly confines these theorists to making attributions of fault, to a limited palette of normative concepts, and to a focus on the belligerents rather than the international community as a whole. Undoubtedly warfare creates a distinctive normative relationship between belligerent states (though we must question how much of this devolves to the citizens of those states). War does generate grounds for post-war duties – but there are other grounds for those duties too, moreover the grounds should not determine the content. It of course matters that the citizens of two states harmed one another in violation of their rights. But when the war is done, peacebuilding should be the priority, not raking over the wrongs of both sides. Sections 2–4 present the objections, Section 5 offers the tentative analysis and proposes a shift in focus toward an ethics of peacebuilding, and Section 6 concludes. (shrink)

Many people in the developing world access essential health services either partially or primarily through programs run by international non-governmental organizations (INGOs). Given that such programs are typically designed and run by Westerners, and funded by Western countries and their citizens, it is not surprising that such programs are regarded by many as vehicles for Western cultural imperialism. In this chapter, I consider this phenomenon as it emerges in the context of development and humanitarian aid programs, particularly those delivering (...) medical treatment, nutrition and access to clean water. I argue that in order to avoid contributing to cultural imperialism, INGOs have a duty to ensure that they do not offer services in a way that requires their beneficiaries to choose between accessing essential health services and violating or otherwise undermining traditional norms and practices which have significance for their beneficiaries. Following Onora O'Neill, I argue that offers requiring such a choice are effectively “unrefuseable” and so coercive. INGOs therefore, must avoid making such offers, and can accomplish this by means of an iterated process of reciprocal negotiation under conditions of equality, in which both the INGOs’ and the beneficiaries’ deep values and concerns play a role. In essence, I claim that employing such a process is a requirement of procedural justice, given the non-ideal conditions in which INGOs must operate. (shrink)

Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain (...) is substituting itself for other, less scrupulous, interveners. I argue that, regardless of whether British substitution intervention could be justified in this way…, it is not in fact justified, because Britain has not plausibly used its influence to secure an amount of good sufficient to offset the various harms that its actions have created (or to discharge the expanded duties of rescue that greater influence entails). In addition, the article identifies the various forms that substitution intervention can take, and shows how the concept reveals hitherto neglected reasons to both support and oppose intervention in foreign conflicts. (shrink)

My objective of this paper is to suggest and workout a more credible form of the Principle of Beneficence from the common essential elements of the three major ethical theories (Deontology, Utilitarianism and Virtue Ethics) that will try to overcome the over-demanding objection of Utilitarianism and the rigorism of Kant’s Deontology. After analyzing these three moral systems, I find that beneficence lies within the very essence of humanity. Human beings are superior to other creatures in the world due to rationality (...) and humanity. From the humanitarian ground, a common goodness lies within every human. Beneficence, as a moral principle, is derived from this inner humanity of every individual. Despite their initial differences, utilitarianism, deontology and virtue ethics recognize this fundamental humanitarian disposition of doing good for all as a part of being a morally better person. The principle of beneficence as I suggest, is different from its consequential utilitarian notion suggested by Mill. This version of beneficence is more credible as it does not impose excessive demands upon an individual to develop any maximum beneficial outcome following utilitarian calculation of beneficence over cost, and it also strives to overcome the rigorous duty-based theory of Kantian deontology by appealing to the fundamental virtue of humanity. Finally, the credibility of this form of beneficence comes from the underlying transcendental humanism which is the chief feature of Indian tradition. (shrink)

The 2016-17 Iraqi offensive that recaptured the city of Mosul from the Islamic State have demonstrated the inability of contemporary armed forces to retake urban areas from a determined and ruthless enemy without either suffering debilitating casualties or causing thousands of civilian deaths and virtually destroying the city itself. The enemy’s willingness to refuse civilian evacuation via a humanitarian corridor and effectively take the inhabitants hostage is all it takes to impose this tragic dilemma on an attacking force. The (...) civilian death toll of the battle of Mosul alone is estimated to have reached between seven and forty thousand, with almost one million people internally displaced and large portions of the city levelled. Avoiding another such tragedy should be a priority for all practitioners and theorists of urban warfare. Indeed, confronting and defeating this challenge may be the most important task for ethics, theory and practice of urban combat in the coming decade. I argue that the only viable way of escaping the hostage siege dilemma consists of incorporating large numbers of unmanned and autonomous weapon systems into the blue force structure and using these to substitute for artillery and aerial fires presently being used to overpower defenders. While other measures may be used to marginally improve the outcome of hostage city assaults, only the automatization of the assault can dramatically change the calculus and in result either discourage rogue actors from creating hostage city dilemmas or defeat them decisively while suffering unequivocally proportional casualties. I proceed as follows: first, I provide an account of the 2016-17 Coalition assault on Mosul, giving special attention to the events and features relevant to the hostage city dilemma. I then use this case study to introduce the theoretical concept of the hostile city and the ethical dilemma it creates, discussing possible objections and making the case that the circumstances of the Battle of Mosul are bound to repeatedly transpire in the future. This generates a duty to find a way out of the hostage city dilemma. I argue that widespread use of unmanned and autonomous weapon platforms constitutes a viable way of assaulting hostage cities in a manner that assures respect for the ius in bello principles, proposing several ways in which such weapons may be designed and used to drastically limit both military and civilian casualties. Concluding that it may be not only permissible but morally required to employ autonomous weapons in the hostage city scenario, I briefly discuss the implications of this conclusion for a wider debate concerning the moral feasibility of autonomous weapons. (shrink)

Both philosophical and practical analyses of global justice issues have been vitiated by two errors: a too-high emphasis on the supposed duties of collectives to act, and a too-low emphasis on the analysis of causes and risks. Concentrating instead on the duties of individual actors and analysing what they can really achieve reconfigures the field. It diverts attention from individual problems such as poverty or refugees or questions on what states should do. Instead it shows that there are (...) different duties for political leaders, intelligence operatives, opinion leaders and citizens in devising, urging and implementing such plans as transfers of aid with accountability, military interventions in rogue states and limited intakes of refugees. With collectivist excuses for inaction such as sovereignty out of the way, it is possible to take a cautiously optimistic view of the possibility of forceful and morally responsible interventions in the range of major global problems. (shrink)

My goal in this paper is to show that it is not the case that positive duties can be derived from Kant’s so-called universalizability tests. I begin by explaining in detail what I mean by this and distinguishing it from a few things that I am not doing in this paper. After that, I confront the idea of a maxim contradictory, a concept that is advanced by many com- mentators in the attempt to derive positive duties from the (...) universalizability tests. I ex- plain what a maxim contradictory is and how the concept is used to derive positive duties. Then I argue that the notion of a maxim contradictory presupposes an objectionable form of maxim realism. I move from there to the idea of a maxim contrary and the deliberative field. These two ideas are used in tandem by commentators who do not appeal to maxim contradictories. I explain how these concepts are used to derive positive duties and then I argue that there is a systematic error in the derivations that enables one to see that they cannot work. (shrink)

this paper advances a novel account of part of what justifies killing in war, grounded in the duties we owe to our loved ones to protect them from the severe harms with which war threatens them. It discusses the foundations of associative duties, then identifies the sorts of relationships, and the specific duties that they ground, which can be relevant to the ethics of war. It explains how those associa- tive duties can justify killing in theory—in (...) particular how they can justify overrid- ing the rights to life of some of those who must be killed to win a war. It then shows how these duties can be operationalised in practice: first, showing how soldiers who fight on behalf of their community can act on reasons that apply to the members of that community; second, showing that the argument from associative duties does not prove too much—in particular, that it does not license the intentional killing of noncombatants in war. (shrink)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The (...) precedents of Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

Tesón's “humanitarian rationales” for the war in Iraq strain the traditional understanding of humanitarian intervention: The first, that the war was fought to overthrow a tyrant. The second, that it was a defense strategy establishing democratic regimes peacefully, but by force if necessary.

A collective duty gap arises when a group has caused harm that requires remedying but no member did harm that can justify the imposition of individual remedial duties. Examples range from airplane crashes to climate change. How might collective duty gaps be filled? This paper starts by examining two promising proposals for filling them. Both proposals are found inadequate. Thus, while gap-filling duties can be defended against objections from unfairness and demandingness, we need a substantive justification for their (...) existence. I argue that substantive justification can be found in the normative force of commitments individuals make to others with regard to ends. Along the way, I argue that gap-filling duties must be conceptualized differently in group agents, as compared to non-agent groups: in the former, gap-filling duties can be understood as duties to “take up the slack”; in the latter, this would be a category error. (shrink)

Stephanie Collins’ Group Duties offers interesting new arguments and brings together numerous interconnected issues that have hitherto been treated separately. My critical commentary focuses on two particularly original and central claims of the book: (1) Only groups that are united under a group-level decision-making procedure can bear duties. (2) Attributions of duties to other groups should be understood as attributions of “coordination duties” to each member of the group, duties to take steps responsive to the (...) others with a view to the group’s φ-ing or express willingness to do so. In support of the first claim, Collins argues that only groups that can make decisions can bear duties, and that the ability to make decisions requires the relevant sort of decision-making procedure. I suggest that both parts of this argument remain in need of further support. I furthermore argue that Collins’ account of coordination duties gets certain kinds of cases wrong, and suggest that attributions of duties to groups without decision-making procedures are more plausibly understood as attributing shared duties. (shrink)

Most advanced industrial societies are ‘work-centered,’ according high value and prestige to work. Indeed, belief in an interpersonal moral duty to work is encoded in both popular attitudes toward work and in policies such as ‘workfare’. Here I argue that despite the intuitive appeal of reciprocity or fair play as the moral basis for a duty to work, the vast majority of individuals in advanced industrialized societies have no such duty to work. For current economic conditions, labor markets, and government (...) policies entail that the conditions for a reciprocity-based argument to apply to most workers are not usually met. More specifically, many workers fail to provide valuable goods through working or their working does not result in net social benefit. Concurrently, many workers do not receive adequate benefits from working in that they neither have their basic needs met or do not even enjoy an improvement in welfare thanks to working. Hence, workers neither provide nor receive the benefits needed for a reciprocity-based duty to work to apply to them. Furthermore, these conditions are conditions over which workers themselves have very little control. Most workers therefore could not fulfill their ostensible duty to work even if they made conscientious efforts to do so. In most cases, a person who fails to work morally wrongs no one, and in the case of any particular individual or worker, the defeasible presumption ought to be that she has no duty to work. (shrink)

Moral duties are regularly attributed to groups. Does this make conceptual sense or is this merely political rhetoric? And what are the implications for these individuals within groups? Collins outlines a Tripartite Model of group duties that can target political demands at the right entities, in the right way and for the right reasons.

Kant uses ‘wish’ as a technical term to denote a strange species of desire. It is an instance in which someone wills an object that she simultaneously knows she cannot bring about. Or in more Kantian garb: it is an instance of the faculty of desire’s (or will’s) failing insofar as a desire (representation) cannot be the cause of the realization of its corresponding object in reality. As a result, Kant originally maintained it to be antithetical to morality, which deals (...) with ‘ought implies can’. However, Kant’s notion of wish is not static. On the contrary, I argue in this article that Kant re-evaluated the capacity to wish as (to some extent) causally efficacious and, further, of moral relevance. This re-evaluation has not been discussed in the literature, yet has been lurking in plain sight in a subtle but decisive shift evident in two versions of a footnote from the *Critique of the Power of Judgement* (KU). (shrink)

This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I (...) argue that this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others. (shrink)

Despite the good intention of humanitarian agencies, humanitarian assistance and relief aid exacerbated the humanitarian crisis in Tanzania during 1994. In the case of Tanzania, humanitarian assistance relieved belligerents’ burden of sustaining conflicts, created safe spaces for armed combatants, undermined local economies, bestowed legitimacy upon belligerents, and fed armed combatants. This situation hence posed the typical humanitarian assistance dilemma for humanitarian agencies. While most scholars and aid practitioners suggest that humanitarian agencies should withdraw (...) their assistance in these contexts given aid’s apparent negative impact, there is relatively little research that properly identifies different kinds of ethical constraints and moral dilemmas that have long challenged humanitarian agencies. Referencing the case of late-twentieth-century Tanzania, this article contextualises the humanitarian assistance dilemma and systematically examines the ethical predicaments that surround it. Its analysis sheds light on moral quandaries that humanitarian agencies need to address in conflict situations. (shrink)

According to an influential view about directed expressive duties (e.g., duties to express gratitude to benefactors, remorse to victims, forgiveness to wrongdoers), these duties do not have rights as their correlates, because they are not demandable and enforceable. The chapter argues that this view is mistaken. Like other directed duties, directed expressive duties are demandable and enforceable. While this does not entail that these duties have rights as their correlates, it does create a strong (...) presumption of this being the case. This shifts the burden of proof from those who hold that expressive duties correlate with rights to those who deny it. (shrink)

There is virtually no philosophical consensus on what, exactly, imperfect duties are. In this paper, I lay out three criteria which I argue any adequate account of imperfect duties should satisfy. Using beneficence as a leading example, I suggest that existing accounts of imperfect duties will have trouble meeting those criteria. I then propose a new approach: thinking of imperfect duties as duties held by groups, rather than individuals. I show, again using the example of (...) beneficence, that this proposal can satisfy the criteria, explaining how something can both have the necessity characteristic of duty, while also allowing agents the latitude which seems to attach to imperfect duties. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The (...) chapter introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

In recent decades, concepts of group agency and the morality of groups have increasingly been discussed by philosophers. Notions of collective or joint duties have been invoked especially in the debates on global justice, world poverty and climate change. This paper enquires into the possibility and potential nature of moral duties individuals in unstructured groups may hold together. It distinguishes between group agents and groups of people which – while not constituting a collective agent – are nonetheless capable (...) of performing a joint action. It attempts to defend a notion of joint duties which are neither duties of a group agent nor duties of individual agents, but duties held jointly by individuals in unstructured groups. Furthermore, it seeks to illuminate the relation between such joint duties on the one hand and individual duties on the other hand. Rebutting an argument brought forward by Wringe, the paper concludes that it is not plausible to assume that all humans on earth can together hold a duty to mitigate climate change or to combat global poverty given that the members of that group are not capable of joint action. (shrink)

Duties constitute an integral part of the constitutional scheme of values. The nature and influence of duties is of great interest to practitioners and scholars. The literature on the subject is primarily concerned with the exactness of duties as operational values within constitutions. In general, Bauer and Bolsinger attribute three functions to constitutional values. Namely, they regulate by directing human action at the desired target, enabling legitimation and justification of actions, and simplifying decision-making. While debating whether (...) class='Hi'>duties have a functional quality, several questions gain prime importance. To name a few- do constitutional duties enable positive action? Is there a universal binding framework on duties? How are duties related to other constitutional values within constitutions? Are duties within constitutions interpreted in light of international standards? Are there unenumerated or un-written duties? etc. (shrink)

The practice of official apology has a fairly poor reputation. Dismissed as ‘crocodile tears’ or cheap grace, such apologies are often seen by the public as an easy alternative to more punitive or expensive ways of taking real responsibility. I focus on what I call the role-playing criticism: the argument that someone who offers an apology in public cannot be appropriately apologetic precisely because they are only playing a role. I offer a qualified defence of official apologies against this objection, (...) considering them through the lens of fiduciary duties. This focus draws our attention to formal or impersonal relationships that are nevertheless normatively rich, capable of sustaining trust, concern, and care. At the same time, I highlight several pitfalls for fiduciary apologisers, including the tension between apology as a mode of truth telling and the duty of confidentiality. I consider whether the fiduciary apologiser, in reflecting on her fiduciary obligations, has ‘one thought too many’ for genuine apology, and argue that the issue of mixed motives is not limited to fiduciary contexts, cautioning against excessive idealism in our conception of apology. I conclude with some reflections on possible conflicts between fiduciary obligations and the conscientious desire to apologise. (shrink)

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances (...) in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

The duty to rescue is a highly plausible and powerful ethical principle. It requires agents to assist others in extreme need in cases where doing so does not conflict with some weighty moral aim; requires little personal sacrifice; and is likely to significantly benefit the recipients.1 As a general obligation, it binds all persons simply qua persons, and it is owed to all persons simply qua persons. Clinical investigators working in low-income countries frequently encounter sick or destitute people to whom (...) they might possess a duty to rescue. Investigators may often ask themselves, what can I do, what should I do, to help? Such investigators often help people in the future by carrying out their... (shrink)

This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between (...) morality and the criminal law is therefore much less direct than assumed in most theories of the criminal law. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties – the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives (...) principle. The chapter introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g., the Green Climate Fund) or intergenerationally (e.g., Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases that require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

Why, morally speaking, ought we do more for our family and friends than for strangers? In other words, what is the justification of special duties? According to partialists, the answer to this question cannot be reduced to impartial moral principles. According to impartialists, it can. This paper briefly argues in favour of impartialism, before drawing out an implication of the impartialist view: in addition to justifying some currently recognised special duties, impartialism also generates new special duties that (...) are not yet widely recognised. Specifically, in certain situations, impartial principles generate duties to take actions and adopt attitudes in our personal lives that increase the chance of new or different special relationships being formed—new or different friendships, family-like relationships, relationships akin to co-nationality, and so on. In fact, even if one thinks partialism is the best justification of the duties we have once in special relationships, impartialist justifications for taking steps to form such relationships should have some sway. Moreover, a little reflection shows that these duties are not as demanding or counterintuitive as one might expect. (shrink)

During the recent Ebola epidemic, some commentators and stakeholders argued that it would be unethical to carry out a study that withheld a potential treatment from affected individuals with such a serious, untreatable disease. As a result, the initial trials of experimental treatments did not have control arms, despite important scientific reasons for their inclusion. In this paper, we consider whether the duty to rescue entails that it would be unethical to withhold an experimental treatment from patient-participants with serious diseases (...) for which there are no effective treatments, even when doing so is scientifically necessary to test the effectiveness of the treatment. We argue that the duty to rescue will rarely apply. The context of medical research also throws new light on the content of the duty to rescue, since the interests of future patients—who stand to benefit from the fruits of medical research—are relevant to whether the duty applies. (shrink)

Discussion of the behaviour of pregnant women and mothers, in academic literature, medical advice given to mothers, mainstream media and social media, assumes that a mother who fails to do something to benefit her child is liable for moral criticism unless she can provide sufficient countervailing considerations to justify her decision. I reconstruct the normally implicit reasoning that leads to this assumption and show that it is mistaken. First, I show that the discussion assumes that if any action might benefit (...) her child, the mother has a defeasible duty to perform that action. I suggest that this assumption is implicitly supported by two arguments but that each argument is unsound. The first argument conflates moral reasons and defeasible duties; the second misunderstands the scope of a defeasible duty to benefit. This argument has important practical and theoretical implications: practically, it provides a response to a highly damaging discourse on maternal behaviour; theoretically, it provides the framework for a clearer understanding of the scope and nature of defeasible duties to benefit. (shrink)

A challenge to Kant’s less known duty of self-knowledge comes from his own firm view that it is impossible to know oneself. This paper resolves this problem by considering the duty of self-knowledge as involving the pursuit of knowledge of oneself as one appears in the empirical world. First, I argue that, although Kant places severe restrictions on the possibility of knowing oneself as one is, he admits the possibility of knowing oneself as one appears using methods from empirical anthropology. (...) Second, I show that empirical knowledge of oneself is fairly reliable and is, in fact, considered as morally significant from Kant’s moral anthropological perspective. Taking these points together, I conclude that Kant’s duty of self-knowledge exclusively entails the pursuit of empirical self-knowledge. (shrink)

Plausibly, only moral agents can bear action-demanding duties. Not all groups are moral agents. This places constraints on which groups can bear action-demanding duties. Moreover, if such duties imply ability then moral agents – of both the individual and group varieties – can only bear duties over actions they are able to perform. I tease out the implications of this for duties over group actions, and argue that groups in many instances cannot bear these (...) class='Hi'>duties. This is because only groups with the right kind of structure – groups I call ‘collectives’ – have the agency to bear action-demanding duties. Yet neither can individuals bear these duties, assuming that individuals cannot perform group actions and that duty implies ability. This appears to leave us at a loss when assigning duties to perform some group actions. I argue we can solve this problem by assigning collectivization duties to individuals – duties to form a collective that then incurs a duty over the action. I give criteria for when individuals have collectivization duties and discuss the demands these duties place on their bearers. (shrink)

In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective (...) class='Hi'>duties. In the final section, I suggest that it is probably better to restrict the label “corrective duties” to duties generated by interpersonal wronging. (shrink)

Clinicians and health researchers frequently encounter opportunities to rescue people. Rescue cases can generate a moral duty to aid those in peril. As such, bioethicists have leveraged a duty to rescue for a variety of purposes. Yet, despite its broad application, the duty to rescue is under-analyzed. In this paper, we assess the state of theorizing about the duty to rescue. There are large gaps in bioethicists’ understanding of the force, scope, and justification of the two most cited duties (...) to rescue—the individual duty of easy rescue and the institutional rule of rescue. We argue that the duty of easy rescue faces unresolved challenges regarding its force and scope, and the rule of rescue is indefensible. If the duty to rescue is to help solve ethical problems, these theoretical gaps must be addressed. We identify two further conceptions of the duty to rescue that have received less attention—an institutional duty of easy rescue and the professional duty to rescue. Both provide guidance in addressing force and scope concerns and, thereby, traction in answering the outstanding problems with the duty to rescue. We conclude by proposing and propose research priorities for developing accounts of duties to rescue in bioethics. (shrink)

Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.

Many philosophers accept the idea that there are duties to promote or create just institutions. But are the addressees of such duties supposed to be individuals – the members of the citizenry? What does it mean for an individual to promote or create just institutions? According to the ‘Simple View’, the citizenry has a collective duty to create or promote just institutions, and each individual citizen has an individual duty to do their part in this collective project. The (...) simple view appears to work well with regard to – you guessed it – ‘simple’ scenarios but it is riddled with further questions and problems. In this chapter, we raise five problems for the Simple View: (a) We suggest that one cannot develop a view concerning the citizenry’s duty to promote just institutions in isolation from a conception of the ontological relationship between the state and its citizens; (b) We argue that it is not obvious that the citizenry is the right entity to be attributed duties in the first place; (c) We show that a plausible account of collective duties to promote just institutions must not remain silent on the complexities and difficulties amorphous, unorganized group face in vis-à-vis collective action; (d) We contend that without allocation principles for contributory duties amongst the citizenry, or – alternatively – a method for practical deliberation that is action-guiding in collective action contexts, the claim that the citizens have a collective duty to promote just institutions remains moot; and, finally, (e) We demonstrate that the problem of reasonable disagreement is a serious threat to a collective duty to promote or create just institutions – it potentially undermines such a duty altogether and allows for conflicting contributory duties amongst the citizenry. We hope that our discussion will ultimately help improve existing theories and conceptual frameworks with a view to better understanding citizens’ obligations to promote justice under non-ideal conditions. (shrink)

Kant is well known for claiming that we can never really know our true moral disposition. He is less well known for claiming that the injunction "Know Yourself" is the basis of all self-regarding duties. Taken together, these two claims seem contradictory. My aim in this paper is to show how they can be reconciled. I first address the question of whether the duty of self-knowledge is logically coherent (§1). I then examine some of the practical problems surrounding the (...) duty, notably, self-deception (§2). Finding none of Kant's solutions to the problem of self-deception satisfactory, I conclude by defending a Kantian account of self-knowledge based on his theory of conscience (§3). (shrink)

In philosophical work on the ethics of conversational exchange, much has been written regarding the speaker side—i.e., on the rights and duties we have as speakers. This paper explores the relatively neglected topic of the duties pertaining to listeners’ side of the exchange. Following W.K. Clifford, we argue that it’s fruitful to think of our epistemic resources as common property. Furthermore, listeners have a key role in maintaining and improving these resources, perhaps a more important role than speakers. (...) We develop this idea by drawing from Hugo Mercier and Dan Sperber’s “interactionist” picture of reason, which suggests that reasoning is essentially dialogical and relies on the epistemic vigilance of listeners. The paper defends an imperfect, prima facie duty to listen, one that is sufficiently strong to place substantial demands on individuals, but not so overly demanding as to be implausible. (shrink)

The paper defends the thesis that our epistemic duty is the duty to proportion our beliefs to the evidence we possess. An inclusive view of evidence possessed is put forward on the grounds that it makes sense of our intuitions about when it is right to say that a person ought to believe some proposition P. A second thesis is that we have no epistemic duty to adopt any particular doxastic attitudes. The apparent tension between the two theses is resolved (...) by applying the concept of duty to belief indirectly. (shrink)

This paper is the introduction to a collection I guest-edited called Positive Duties to Wild Animals. The collection contains single-authored contributions from Catia Faria, Josh Milburn, Eze Paez, and Jeff Sebo; and co-authored contributions from Mara-Daria Cojocaru and Alasdair Cochrane, and Oscar Horta and Dayrón Terán. It was published as a special issue of Ethics, Policy and Environment.

Scholars who favor shareholder primacy usually claim either that managers should not fulfill corporate duties of beneficence or that, if they are required to fulfill them, they do so by going against their obligations to shareholders. Distinguishing between structurally different types of duties of beneficence and recognizing the full force of the normative demands imposed on managers reveal that this view needs to be qualified. Although it is correct to think that managers, when acting on behalf of shareholders, (...) are not required to fulfill wide duties of charity, they are nevertheless required to fulfill a variety of narrow duties of beneficence. What is more, the obligation to fulfill these duties arises precisely because they are acting on behalf of shareholders. As such, this article 1) refines our understanding of the duties of corporate beneficence and 2) helps to identify which duties of beneficence are imposed on managers when they are acting on behalf of shareholders. (shrink)

In this paper I am going to raise a problem for recent attempts to derive positive duties from Kant’s universalizability tests. In particular, I argue that these recent attempts are subject to reductio and that the most obvious way of patching them renders them impracticable. I begin by explaining the motivation for these attempts. Then I describe how they work and begin my attack. I conclude by considering some patches.