Should we regret the fact that we are often more emotionally resilient in response to the deaths of our loved ones than we might expect -- that the suffering associated with grief often dissipates more quickly and more fully than we anticipate? Dan Moller ("Love and Death") argues that we should, because this resilience epistemically severs us from our loved ones and thereby "deprives us of insight into our own condition." I argue that Moller's conclusion is correct despite resting on (...) a mistaken picture of the nature and significance of grief. Unlike Moller, I contend that grief is a composite emotional process, rather than a single mental state; that grief is a species of emotional attention rather than perception; and that grief is a form of activity directed at placing our relationships with the deceased on new terms. It is precisely because grief has these three features that it facilitates the scrutiny of our practical identities and thus fosters self-knowledge and self-understanding. (shrink)

Grief is our emotional response to the deaths of intimates, and so like many other emotional conditions, it can be appraised in terms of its rationality. A philosophical account of grief's rationality should satisfy a contingency constraint, wherein grief is neither intrinsically rational nor intrinsically irrational. Here I provide an account of grief and its rationality that satisfies this constraint, while also being faithful to the phenomenology of grief experience. I begin by arguing against the best known account of grief's (...) rationality, Gustafson's strategic or forward-looking account, according to which the practical rationality of grief depends on the internal coherence of the component attitudes that explain the behaviors caused by grief, and more exactly, on how these attitudes enable the individual to realize states of affairs that she desires. While I do not deny that episodes of grief can be appraised in terms of their strategic rationality, I deny that strategic rationality is the essential or fundamental basis on which grief's rationality should be appraised. In contrast, the heart of grief's rationality is backward-looking. That is, what primarily makes an episode of grief rational qua grief is the fittingness of the attitudes individuals take toward the experience of a lost relationship, attitudes which in turn generate the desires and behaviors that constitute bereavement. Grief thus derives its essential rationality from the objects it responds to, not from the attitudes causally downstream from that response, and is necessarily irrational when the behaviors that constitute an individual's grieving are inappropriate to the object of that grief. So while the strategic rationality of an episode of grief contributes to whether it is on the whole rational, no episode of grief can be rational unless the actions that constitute grieving accurately gauge the change in a person's normative situation wrought by the loss of her relationship with the deceased. (shrink)

Psychopaths exhibit diminished ability to grieve. Here I address whether this inability can be explained by the trademark feature of psychopaths, namely, their diminished capacity for interpersonal empathy. I argue that this hypothesis turns out to be correct, but requires that we conceptualize empathy not merely as an ability to relate (emotionally and ethically) to other individuals but also as an ability to relate to past and present iterations of ourselves. This reconceptualization accords well with evidence regarding psychopaths’ intense focus (...) on the temporal present and difficulties in engaging in mental time travel, as well as with the essentially egocentric and identity-based nature of grief. -/- . (shrink)

According to rational will views of paternalism, the wrongmaking feature of paternalism is that paternalists disregard or fail to respect the rational will of the paternalized, in effect substituting their own presumably superior judgments about what ends the paternalized ought to pursue or how they ought to pursue them. Here I defend a version of the rational will view appealing to three rational powers that constitute rational agency, which I call recognition, discrimination, and satisfaction. By appealing to these powers, my (...) version of the rational will view can rank the wrongfulness of paternalistic acts in terms of the extent to which such acts (a) amount to supplanting the paternalized individual’s identity as a rational agent with that of the paternalist, and (b) the degree of mistrust the paternalistic act shows in the paternalized individual’s rational agency. My rational powers account thus provides a more complete account of why paternalism is a powerful, but not decisive or absolute, objection to an act or policy. My rational powers account also provides powerful explanations of why rational suasion deflects charges of paternalism; why consenting to intercessions in one’s rational agency negates paternalism; why we ordinarily believe that strong paternalism is more objectionable than weak paternalism; and why we ordinarily believe that hard paternalism is more objectionable than soft paternalism. (shrink)

The deaths of those on whom our practical identities rely generate a sense of disorientation or alienation from the world seemingly at odds with life being meaningful. In the terms put forth in Cheshire Calhoun’s recent account of meaningfulness in life, because their existence serves as a metaphysical presupposition of our practical identities, their deaths threaten to upend a background frame of agency against which much of our choice and deliberation takes place. Here I argue for a dual role for (...) grief in addressing this threat to life’s meaningfulness. Inasmuch as grief’s object is the loss of our relationship with the deceased as it was prior to their death, grief serves to alert us to the threat to our practical identities that their deaths pose to us and motivates us to defuse this threat by revising our practical identities to reflect the modification in our relationship necessitated by their deaths. Simultaneously, the emotional complexity and richness of grief episodes provides an abundance of normative evidence regarding our relationship with the deceased and our practical identities, evidence that can enable us to re-establish our practical identities and thereby recover a sense of our lives as meaningful. (shrink)

Meursault, the protagonist of Camus' The Stranger, is unable to grieve, a fact that ultimately leads to his condemnation and execution. Given the emotional distresses involved in grief, should we envy Camus or pity him? I defend the latter conclusion. As St. Augustine seemed to dimly recognize, the pains of grief are integral to the process of bereavement, a process that both motivates and provides a distinctive opportunity to attain the good of self-knowledge.

The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this wrong is the abolition of (...) the death penalty. (shrink)

Many economists and social theorists hypothesize that most societies could soon face a ‘post-work’ future, one in which employment and productive labor have a dramatically reduced place in human affairs. Given the centrality of employment to individual identity and its pivotal role as the primary provider of economic and other goods, transitioning to a ‘post-work’ future could prove traumatic and disorienting to many. Policymakers are thus likely to face the difficult choice of the extent to which they ought to satisfy (...) individual citizens’ desires to work in a socioeconomic environment in which work is in permanent decline. Here I argue that policymakers confronting a post-work economy should discount, or at least consider problematic, the desire to work because it is very likely that this desire is an adaptive preference. An adaptive preference is a preference for some state of affairs within a limited set of options formed under unjust conditions. The widespread desire for work has been formed under unjust labor conditions to which individuals are compelled to submit in order to meet material and ethical needs. Furthermore, the prevalence of the ‘work dogma’ in contemporary societies precludes nearly all individuals from seeing alternatives to work as live options. (shrink)

Defends Kantian paternalism: Interference with an individual’s liberty for her own sake is justified absent her actual consent only to the extent that such interference stands a reasonable chance of preventing her from exercising her liberty irrationally in light of the rationally chosen ends that constitute her conception of the good. More specifically, interference with an individual’s liberty is permissible only if, by interfering, we stand a reasonable chance of preventing that agent from performing actions she chose due to distorted (...) reasoning and which would result in that agent’s rationally chosen ends not being as fully realized as they would have been had she so acted. -/- Applied to suicide intervention Kantian paternalism implies that such intervention is justified to the extent that it prevents a person from ending her life when, due to distorted reasoning, she engages in suicidal behavior that is at odds with her rationally chosen ends. (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)

A wide body of psychological research corroborates the claim that whether one’s life is (or will be) meaningful appears relevant to whether it is rational to continue living. This article advances conceptions of life’s meaningfulness and of suicidal choice with an eye to ascertaining how the former might provide justificatory reasons relevant to the latter. Drawing upon the recent theory of meaningfulness defended by Cheshire Calhoun, the decision to engage in suicide can be understood as a choice related to life’s (...) meaningfulness insofar as an individual can see no point in investing her agency in her anticipated future. These meaning-based reasons relevant to suicidal choice either cannot be reduced to the reasons of well-being that philosophers have typically used to analyse suicide decisions or at least forms a distinct class of reasons within those that contribute to well-being. (shrink)

Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, and (...) it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

The traditional debate about moral dilemmas concerns whether there are circumstances in which an agent is subject to two obligations that cannot both be fulfilled. Realists maintain there are. Irrealists deny this. Here I defend an alternative, methodologically-oriented position wherein the denial of genuine moral dilemmas functions as a regulative ideal for moral deliberation and practice. That is, moral inquiry and deliberation operate on the implicit assumption that there are no genuine moral dilemmas. This view is superior to both realism (...) and irrealism in accounting for moral residue and other crucial phenomenological dimensions of our experience of moral dilemmas. (shrink)

Argues that considerations central to the justification of euthanizing humans do not readily extrapolate to the euthanasia of pets and companion animals; that the comparative account of death's badness can be successfully applied to such animals to ground the justification of their euthanasia and its timing; and proposes that companion animal guardians have authority to decide to euthanize such animals because of their epistemic standing regarding such animals' welfare.

Many contributors to debates about professional conscience assume a basic, pre-professional right of conscientious refusal and proceed to address how to ‘balance’ this right against other goods. Here I argue that opponents of a right of conscientious refusal concede too much in assuming such a right, overlooking that the professions in which conscientious refusal is invoked nearly always operate as public cartels, enjoying various economic benefits, including protection from competition, made possible by governments exercising powers of coercion, regulation, and taxation. (...) To acknowledge a right of conscientious refusal is to license professionals to disrespect the profession’s clients, in opposition to liberal ideals of neutrality, and to engage in moral paternalism toward them; to permit them to violate duties of reciprocity they incur by virtue of being members of public cartels; and to compel those clients to provide material support for conceptions of the good they themselves reject. However, so long... (shrink)

Poverty in many societies is racialized, with poverty concentrated among particular racial groups. This article aims (a) to provide a philosophical account of how racialized poverty can represent an unjust form of inequality, and (b) to suggest the general direction that policies aiming to reduce racialized poverty ought to take in light of this account. (a) As a species of inequality, racialized poverty (whether absolute or relative) is not intrinsically morally objectionable. However, it can be extrinsically objectionable because it is (...) caused by past or current racial injustice, undermines the value of specific goods to the impoverished, or contributes to objectionable deficiencies in impoverished groups’ political efficacy. (b) Racialized poverty is strongly intergenerational, tending to replicate itself between generations within racial groups. This suggests that approaches to its alleviation that offer income security to all members of those groups, rather than targeted opportunity to subsets of such groups, are both more just and more effective. In particular, societies with racialized poverty should strongly consider policies such as income guarantees, which act to counteract the income volatility that contribute to intergenerational racial poverty. (shrink)

A moral theory T is esoteric if and only if T is true but there are some individuals who, by the lights of T itself, ought not to embrace T, where to embrace T is to believe T and rely upon it in practical deliberation. Some philosophers hold that esotericism is a strong, perhaps even decisive, reason to reject a moral theory. However, proponents of this objection have often supposed its force is obvious and have said little to articulate it. (...) I defend a version of this objection—namely, that, in light of the strongly first-personal epistemology of benefit and burden, esoteric theories fail to justify the allocation of benefits and burdens to which moral agents would be subject under such theories. Because of the holistic nature of moral-theory justification, this conclusion in turn implies that the entirety of a moral theory must be open to public scrutiny in order for the theory to be justified. I conclude by answering several objections to my account of the esotericism objection. (shrink)

Samuel Scheffler has recently defended what he calls the ‘afterlife conjecture’, the claim that many of our evaluative attitudes and practices rest on the assumption that human beings will continue to exist after we die. Scheffler contends that our endorsement of this claim reveals that our evaluative orientation has four features: non-experientialism, non-consequentialism, ‘conservatism,’ and future orientation. Here I argue that the connection between the afterlife conjecture and these four features is not as tight as Scheffler seems to suppose. In (...) fact, those with an evaluative orientation that rejects these four features have equally strong moral reasons to endorse the existence of the collective afterlife. (shrink)

Individuals are owed equal respect. But on the basis of what property of individuals are they owed such respect? A popular Kantian answer —rational agency — appears less plausible in light of the growing psychological evidence that human choice is subject to a wide array of biases (framing, laziness, etc.); human beings are neither equal in rational agency nor especially robust rational agents. Defenders of this Kantian answer thus need a non-ideal theory of equal respect for rational agency, one that (...) takes seriously our characteristic deficiencies of practical rationality without junking the notion that rational agency entitles us to equal respect. This article defends an understanding of respect for rational agency wherein the object of such respect is individuals’ aspiration to rationally govern their lives. This understanding of respect for rational agency retains the core notion of respect as a kind of deference, directs respect at persons, has suitably egalitarian implications, and does not require us to deny the aforementioned psychological evidence regarding the infirmities of human rationality. (shrink)

Respect appears to generate a puzzling self-other asymmetry: Respect for others can demand that we avoid knowledge of others or ignore that knowledge in deciding how we treat others. This demand for epistemic distancing lies behind the imperatives not to violate others’ privacy or to treat them paternalistically. Self-respect, in contrast, mandates that we pursue knowledge of ourselves and that we choose and act light of that self-knowledge. Individual agents thus do not have a duty to epistemically distance themselves from (...) themselves; a fortiori, they have self-regarding duties to reduce such distance. This article elaborates this asymmetry and offers a plausible solution to it, rooted in the distinctive importance that self-knowledge (and acting in the world on the basis of that self-knowledge) has for self-respecting rational agents: Self-respecting agents have reasons to have others defer to their ‘surfaces’ or self-presentations in order to inhibit making themselves vulnerable to others in ways that undermine their self-respect by subordinating their wills to the wills of others. A measure of control over what others know about us and over what they do with that knowledge thus undergirds self-respect by enabling self-knowledge to play the role that it should play in the lives of self-respecting agents. Epistemic distancing thus operates in concert with the ways in which self-respecting agents value and pursue epistemic intimacy with themselves. (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)

Choices of jobs and careers are among the ethically significant choices individuals make. This article argues against the 'maximalist' view that we are ethically required to choose those jobs and careers (among those that are not intrinsically wrong) that are best overall in terms of benfitting others or addressing injustice. Because such choices are often identity-based, the maximalist view is overly demanding, in the way that requiring individuals to marry on the basis of a maximalist demand is too demanding. Job (...) and career choices are instead subject to a stringent, but less demanding, fair share standard, according to which they must enable individuals to do their fair individual share to benefit others or address injustice. (shrink)

Human capital is that body of skills, knowledge, or dispositions that enhances the value of individuals’ contributions to economic production. Because human capital is both a byproduct of, and an important ingredient in, cooperative productive activities, it is subject to demands of justice. Here I consider what comparative justice in human capital benefits and burdens amounts to, with a special concern for the place of equality in allocating such burdens and benefits. Identifying these demands is complicated by the fact that (...) human capital is not discretely produced or exploited, making it difficult to envision human capital justice in historical terms. I defend a non-historical alternative that (I contend) both distributive and relational egalitarians can embrace, namely that that an allocation of human capital burdens and benefits is just only if under that distribution, no individual prefers another’s ledger of benefits and burdens to her own. (shrink)

Here I pursue two main aims: (1) to articulate and defend a Kantian conception of duties to self, and (2) to explore the ramifications of such duties for the moral justification of paternalism. I conclude that there is a distinctive reason to resent paternalistic intercessions aimed at assisting others in fulfilling their duties to self (or the self-regarding virtues necessary thereunto), based on the fact that the goods realized via their fulfillment are historical, i.e., their value depends on an individual's (...) casual contribution to their fulfillment. (shrink)

Utilitarians are supposed to have difficulty accounting for our obligation to keep promises. But utilitarians also face difficulties concerning our obligation to make promises. Consider any situation in which the options available to me are acts A, B, C… n, and A is utility maximizing. Call A+ the course of action consisting of A plus my promising to perform A. Since there appear to be a wide range of instances in which A+ has greater net utility then A, utilitarianism obligates (...) us to make far more promises than even the most expansive views concerning our obligations to make promises would acknowledge. (shrink)

That Kant’s moral thought is invoked by both advocates and opponents of a right to assisted dying attests to both the allure and and the elusiveness of Kant’s moral thought. In particular, the theses that individuals have a right to a ‘death with dignity’ and that assisting someone to die contravenes her dignity appear to gesture at one of Kant’s signature moral notions, dignity. The purposes of this article are to outline Kant’s understanding of dignity and its implications for the (...) ethics of assisted dying. According to Kant, that which has dignity must be treated as an end in itself and may not permissibly be exchanged for that which merely has price. Kant’s reasoning thus seems to preclude acts of self-killing, including voluntary assisted dying, that rest on individual self-interest, since a person’s interests merely have price. However, a recognizably Kantian view of dignity can permit assisted dying under two sets of circumstances: First, it can be permissible for agents who anticipate a degradation of their rational agency due to conditions such as dementia to direct others to end their lives once sufficiently demented. In so doing, such agents in effect exercise a right to impose obligations on others regarding how their bodies, which will at some future point no longer be the vessels of their rational agency, are to be disposed of. Second, Kant errs in supposing that our dignity can stem solely from our moral personality, i.e., from our capacity to abide by universalizable moral principles. Rather, complete dignity also requires the capacity for setting discretionary ends and the means to those ends, i.e., the dignity of humanity. Individuals with prolonged and intense depression, in severe pain, or with serious disability may lack humanity while retaining their moral personality. In such cases, I propose that their opting to end their lives, with or without the assistance of others, does not amount to exchanging their dignified selves for something which merely has price and is therefore not objectionable on Kantian grounds. (shrink)

Kant's view that we have only indirect duties to animals fails to capture the intuitive notion that wronging animals transgresses duties we owe to those animals. Here I argue that a suitably modified Kantianism can allow for direct duties to animals and, in particular, an imperfect duty to promote animal welfare without unduly compromising its core theoretical commitments, especially its commitments concerning the source and nature of our duties toward rational beings. The basis for such duties is that animal welfare, (...) on my revised Kantian view, is neither a conditioned nor unconditioned good, but a final and nonderivative good that ought to be treated as an end-in-itself. However, this duty to promote animal welfare operates according to a broadly consequentialist logic that both accords well with our considered judgments about our duties to animals and explains differences between these duties and duties owed to rational agents. (shrink)

Because an increasing number of patients have medical conditions that render them incompetent at making their own medical choices, more and more medical choices are now made by surrogates, often patient family members. However, many studies indicate that surrogates often do not discharge their responsibilities adequately, and in particular, do not choose in accordance with what those patients would have chosen for themselves, especially when it comes to end-of-life medical choices. This chapter argues that a significant part of the explanation (...) of such surrogate failure is that family surrogates are likely to undergo anticipatory grief when making end-of-life decisions. After clarifying both the emotional structure and object of grief, I propose that the pending death of a loved one induces an emotional conflict in surrogates between the care demanded by their responsibility as surrogates and the attachment surrogates feel toward their dying loved one, an attachment surrogates "resolve" in the direction of attachment rather than care. This hypothesis helps to explain both surrogates' general inability to exercise "substituted judgment" on behalf of their loved ones and a wide swath of the particular data regarding this inability (e.g., that surrogates more often err by choosing overtreatment). I conclude by considering possible clinical and philosophical responses to this hypothesis. (shrink)

Many participants in debates about the morality of assisted dying maintain that individuals may only turn to assisted dying as a ‘last resort’, i.e., that a patient ought to be eligible for assisted dying only after she has exhausted certain treatment or care options. Here I argue that this last resort condition is unjustified, that it is in fact wrong to require patients to exhaust a prescribed slate of treatment or care options before being eligible for assisted dying. The last (...) resort condition effectively pits one right of patients, their right to refuse medical treatment or interventions, against another patient right acknowledged by advocates of assisted dying, the right to die. Drawing on an analogy with the legal notion of an unconstitutional condition, I argue that the last resort condition unjustly demands that an arguably more fundamental right—the right to refuse medical treatment or intervention—be foregone in order to acquire a less fundamental right—the right to die. I then address three rationales for the last resort condition and find that they subject individuals to arbitrarily stringent standards for exercising the right to die, standards to which those who seek to end their lives by voluntarily ending life-sustaining treatments are not subject. Subjecting those who seek assisted dying to the last resort condition therefore wrongfully infringes on their right to refuse medical treatment or interventions. (shrink)

Ethical debates about assisted dying typically assume that only medical professionals should be able to provide patients with assisted dying. This assumption partially rests on the unstated principle that assisted dying providers may not be motivated by pecuniary considerations. Here I outline and defend a mixed provider model of assisted dying provision that contests this principle. Under this model, medically competent non-physician professionals could receive fees for providing assisted dying under the same terms and conditions as physicians can in those (...) juris- dictions where medically assisted dying is lawful. The mixed provider model blunts objections to assisted dying rooted in supposed clashes with medical values. In addition to generating a market likely to expand access to assisted dying, the mixed provider model would not create markets that are unjust because they are “noxious” in Satz’ sense or because they raise “semiotic” concerns about the value of human life. (shrink)

Both proponents and opponents of capital punishment largely agree that death is the most severe punishment that societies should consider imposing on offenders. This chapter considers how (if at all) this ‘Ultimate Thesis’ can be vindicated. Appeals to the irrevocability of death, the badness of being executed, the badness of death, or the harsh condemnation societies express by sentencing offenders to death do not succeed in vindicating this Thesis, and in particular, fail to show that capital punishment is more severe (...) than the most likely alternative punishment offenders would suffer, namely, lifelong incarceration. The most plausible vindication of the Ultimate Thesis instead resides in how being condemned to death alters a person’s psychological relation to death. Our ordinary tendencies toward “death denial” diminish the terror that our awareness of death can otherwise induce in us, thereby enabling us to pursue worthwhile lives despite knowing of death’s inevitability. But condemned individuals are continually compelled to confront both the reality and specific circumstances of their own deaths and so do not enjoy the protective psychic shield that death denial provides us. This ‘relational’ rationale does not obviously succeed in proving the Ultimate Thesis, but if the Thesis is true, this rationale is essential to its justification. (shrink)

Discussions of the nature or possibility of moral expertise have largely proceeded in atheoretical terms, with little attention paid to whether moral expertise depends on theoretical knowledge of morality. Here I argue that moral expertise is more theory-dependent than is commonly recognized: Moral expertise consists, at least in part, in knowledge of the correct or best moral theory, and second, that knowledge of moral theory is essential to moral experts dispensing expert counsel to non-experts. Moral experts would not be moral (...) experts absent knowledge of moral theory, nor could they play the testimonial role we would expect them to play in moral inquiry and deliberation absent such knowledge. (shrink)

Morality seems to require us to attend to the good of others, but does not require that we assign any importance to our own good. Standard forms of consequentialism thus appear vulnerable to the compulsory self-benefit objection: they require agents to benefit themselves when doing so is entailed by the requirement of maximizing overall impersonal good. Attempts to address this objection by appealing to ideally motivated consequentialist agents; by rejecting maximization; by leveraging consequentialist responses to the more familiar special relationships (...) and demandingness objections; or by appealing to dual rankings of moral and all-things-considered reasons fall short of adequately answering this objection. A satisfactory response to the compulsory self-benefit objection is elusive because of consequentialism struggles to account for directed options (in this case, an option not to maximize one’s own good but not that of others) and for moral considerations that do not rest on the value of outcomes or states of affairs. (shrink)

What I call medically enabled suicides have four distinctive features: 1. They are instigated by actions of a suicidal individual, actions she intends to result in a physiological condition that, absent lifesaving medical interventions, would be otherwise fatal to that individual. 2. These suicides are ‘completed’ due to medical personnel acting in accordance with recognized legal or ethical protocols requiring the withholding or withdrawal of care from patients (e.g., following an approved advance directive). 3. The suicidal individual acts purposefully to (...) ensure that medical personnel will act on these protocols. 4. These suicides do not involve medical personnel providing aid in dying in the standard sense, either through (a) active voluntary euthanasia, or (b) assistance by means of prescriptions, etc. -/- Regardless of how common medically enabled suicides are, they raise compelling questions at the interface of medicine and individual choice. After first clarifying the concept of medically enabled suicide and exploring some of the reasons why it might be attractive to suicidal individuals, I then investigate two apparent dilemmas that medically enabled suicides raise for medical care providers. The first alleges that medical care providers may not contribute to harming their patients, and so they may not contribute to their patients’ suicides. The second alleges that if care providers, as a matter of personal conscience, believe that suicide is wrong, then they may not be compelled to contribute to their patient’s acting wrongly by assenting to the wishes of a patient pursuing medically enabled suicide. Both dilemmas arise from the fact that while medical personnel are bound by widely accepted precepts of medical ethics to honor the competent wishes of their patients, medically enabled suicides entangle them in their patients’ suicidal plans in ways that result in their contributing to those suicides. I conclude that neither dilemma should be resolved in the direction of medical personnel having the right to refrain from involvement in medically enabled suicides. Thus, while we may find medically enabled suicide distasteful or exploitative, a strong case cannot be made that medical personnel refusing to involve themselves in such suicides is ethically permissible. (shrink)

After establishing that the requirement that those criminals who stand for execution be mentally competent can be given a recognizably retributivist rationale, I suggest that not only it is difficult to show that executing the incompetent is more cruel than executing the competent, but that opposing the execution of the incompetent fits ill with the recent abolitionist efforts on procedural concerns. I then propose two avenues by which abolitionists could incorporate such opposition into their efforts.

Opponents of medically assisted dying have long appealed to ‘slippery slope’ arguments. One such slippery slope concerns palliative care: That the introduction of medically assisted dying will lead to a diminution in the quality or availability or palliative care for patients near the end of their lives. Empirical evidence from jurisdictions where assisted dying has been practiced for decades, such as Oregon and the Netherlands, indicate that such worries are largely unfounded. The failure of the palliation slope argument is nevertheless (...) instructive with respect to how slippery slope arguments can be appraised without having to await post-facto evidence regarding the effects of a proposed change in public policy. Close attention in particular to the norms operative in a given institution and how changes to policy will interact with those norms enable slippery slopes to be credibly appraised. (shrink)

Ethical debates about assisted dying typically assume that only medical professionals should be able to provide patients with assisted dying. This assumption partially rests on the unstated principle that assisted dying providers may not be motivated by pecuniary considerations. Here I outline and defend a mixed provider model of assisted dying provision that contests this principle. Under this model, medically competent non-physician professionals could receive fees for providing assisted dying under the same terms and conditions as physicians can in those (...) jurisdictions where medically assisted dying is lawful. The mixed provider model blunts objections to assisted dying rooted in supposed clashes with medical values. In addition to generating a market likely to expand access to assisted dying, the mixed provider model would not create markets that are unjust because they are “noxious” in Satz’ sense or because they raise “semiotic” concerns about the value of human life. (shrink)

Discussions of the nature or possibility of moral expertise have largely proceeded in atheoretical terms, with little attention paid to whether moral expertise depends on theoretical knowledge of morality. Here I argue that moral expertise is more theory-dependent than is commonly recognized: Moral expertise consists, at least in part, in knowledge of the correct or best moral theory, and second, that knowledge of moral theory is essential to moral experts dispensing expert counsel to non-experts. Moral experts would not be moral (...) experts absent knowledge of moral theory, nor could they play the testimonial role we would expect them to play in moral inquiry and deliberation absent such knowledge. (shrink)