The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on (...) the influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

The events of September 11, 2001, have challenged many disciplines and professions, but have they really engendered a philosophical challenge? The title of this book suggests they have, and if so one would expect its contribution to show how the violence perpetrated that day and in its aftermath has challenged philosophy. In fact, few of the otherwise interesting essays do this very clearly.

Although most unmanned systems that militaries use today are still unarmed and predominantly used for surveillance, it is especially the proliferation of armed military robots that raises some serious ethical questions. One of the most pressing concerns the moral responsibility in case a military robot uses violence in a way that would normally qualify as a war crime. In this chapter, the authors critically assess the chain of responsibility with respect to the deployment of both semi-autonomous and (learning) (...) autonomous lethal military robots. They start by looking at military commanders because they are the ones with whom responsibility normally lies. The authors argue that this is typically still the case when lethal robots kill wrongly – even if these robots act autonomously. Nonetheless, they next look into the possible moral responsibility of the actors at the beginning and the end of the causal chain: those who design and manufacture armed military robots, and those who, far from the battlefield, remotely control them. (shrink)

How can military personnel be prevented from using force unlawfully? A critical examination of typical methods and the suitability of virtue ethics for this task starts with the inadequacies of a purely rules-based approach, and the fact that many armed forces increasingly rely on character development training. The three investigated complexes also raise further questions which require serious consideration – such as about the general teachability of virtues. First, the changing roles and responsibilities of modern armed forces are used (...) to refute the notion that timeless, “classic” military virtues exist, for example physical courage. With regard to today’s missions, virtues of restraint seem more necessary. Reflecting on the four interrelated and less military-specific cardinal virtues of courage, wisdom, temperance and justice could bring the military and civil society closer together. At the same time, this would be a logical step towards promoting personality development. Respect is one example of such a “contemporary” inclusive virtue that some armed forces have adopted into their canon of values. Apparently, however, it often refers only to members of one’s own organization. And it is no less inappropriate to use it to justify moral relativism or excuse immoral practices, such as the widespread sexual abuse of Afghan boys by men in positions of power (“boy play”). Finally, the essay asks about the general suitability of a virtue-based approach in ethical education, since social psychological research has shown that situational factors strongly influence behavior. The research findings do not render such an approach worthless, but they should be integrated into military personality training. (shrink)

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

Democratic societies expect their armed forces to act in a morally responsible way, which seems a fair expectation given the fact that they entrust their armed forces with the monopoly of violence. However, this is not as straightforward and unambiguous as it sounds. Present-day military practices show that political assignments, social and cultural contexts, innovative technologies and organisational structures, present military personnel with questions and dilemma’s that can have far-reaching consequences for all involved – not in the last (...) place for the soldiers themselves. A thorough training and education, in which critical thinking is developed and stimulated, seems therefore a necessary condition for morally responsible behaviour. This book aims to contribute to this form of ‘reflective practitioning’ in military practice. (shrink)

Artificial intelligence and robotics is pervasive in daily life and set to expand to new levels potentially replacing human decision-making and action. Self-driving cars, home and healthcare robots, and autonomous weapons are some examples. A distinction appears to be emerging between potentially benevolent civilian uses of the technology (eg unmanned aerial vehicles delivering medicines), and potentially malevolent military uses (eg lethal autonomous weapons killing human com- batants). Machine-mediated human interaction challenges the philosophical basis of human existence and ethical conduct. (...) Aside from technical challenges of ensuring ethical conduct in artificial intelligence and robotics, there are moral questions about the desirability of replacing human functions and the human mind with such technology. How will artificial intelligence and robotics engage in moral reasoning in order to act ethically? Is there a need for a new set of moral rules? What happens to human interaction when it is mediated by technology? Should such technology be used to end human life? Who bears responsibility for wrongdoing or harmful conduct by artificial intelligence and robotics? -/- Whilst Kant may be familiar to international lawyers for setting restraints on the use of force and rules for perpetual peace, his foundational work on ethics provides an inclusive moral philosophy for assessing ethical conduct of individuals and states and, thus, is relevant to discussions on the use and development of artificial intelligence and robotics. His philosophy is inclusive because it incorporates justifications for morals and legitimate responses to immoral conduct, and applies to all human agents irrespective of whether they are wrongdoers, unlawful combatants, or unjust enemies. Humans are at the centre of rational thinking, action, and norm-creation so that the rationale for restraints on methods and means of warfare, for example, is based on preserving human dignity as well as ensuring conditions for perpetual peace among states. Unlike utilitarian arguments which favour use of autonomous weapons on the basis of cost-benefit reasoning or the potential to save lives, Kantian ethics establish non-consequentialist and deontological rules which are good in themselves to follow and not dependent on expediency or achieving a greater public good. -/- Kantian ethics make two distinct contributions to the debate. First, they provide a human-centric ethical framework whereby human exist- ence and capacity are at the centre of a norm-creating moral philosophy guiding our understanding of moral conduct. Second, the ultimate aim of Kantian ethics is practical philosophy that is relevant and applicable to achieving moral conduct. -/- I will seek to address the moral questions outlined above by exploring how core elements of Kantian ethics relate to use of artificial intelli- gence and robotics in the civilian and military spheres. Section 2 sets out and examines core elements of Kantian ethics: the categorical imperative; autonomy of the will; rational beings and rational thinking capacity; and human dignity and humanity as an end in itself. Sections 3-7 consider how these core elements apply to artificial intelligence and robotics with discussion of fully autonomous and human-machine rule-generating approaches; types of moral reasoning; the difference be- tween ‘human will’ and ‘machine will’; and respecting human dignity. (shrink)

This chapter will develop standards for assessing individual moral responsibility for collective action. In some cases, these standards expand a person’s responsibility beyond what she or he would be responsible for if performing the same physical behavior outside of a group setting. I will argue that structural differences between two ideal types of groups— organizations and goal- oriented collectives— largely determine the baseline moral responsibility of group members for the group’s collective action. (Group members can be more or less responsible (...) for collective action beyond that baseline due to personal qualities like knowledge of the intended collective outcome.) The same individual physical behavior can make the member of a goal-oriented collective responsible for the entire collective action to an equal degree with her fellow group members, whereas the typical organization member is only responsible for his contributory action. (shrink)

Because wars are fought by human beings and not merely machines, a strong virtue ethic is an essential prerequisite for those engaged in combat. From a philosophical perspective, war has historically been seen as separate and outside of the commonly accepted forms of morality. Yet there remains a general, though not well-thought out, sense that those human beings who fight wars should act ethically. Since warfighters are often called upon to contemplate and complete tasks during war that are not normally (...) required of non-warfighters (civilians), and it is believed these warfighters should act ethically, it becomes necessary to ask: What does soldierly virtue look like? In order to answer this question, I will examine essential elements of moral responsibility and military authority. Once complete, I will propose an Aristotelian-based virtue ethics system, one that is equally valuable to warfighter and civilian. To do this, I will examine the conversation in academia regarding virtue ethics and the foundations of virtue. I will provide both a cursory and deep reading of elements of Aristotle’s conception of virtue, but ultimately I will provide a slightly more rigorous reading and reinterpretation of an Aristotelian-based virtue ethic, with a definitive final recommendation for this interpretation being best for everyone, in war or walking down the street. Upon completing a study of this work, one will walk away with a next-generation interpretation of Aristotelian-based Virtue Ethics that denies eudaimonia as the central principle, relying instead on phronesis as its central theme. Phronesis, when properly developed in the warfighter will lead to moral responsibility, better decision-making, and a seamless re-integration into civilian life once has returned from the horrors of war. (shrink)

This paper examines the responses to advanced and transformative technologies in military literature, attenuates the conclusions of earlier work suggesting that there is an “ignorance of transhumanism” in the military, and updates the current layout of transhuman concerns in military thought. The military is not ignorant of transhuman issues and implications, though there was evidence for this in the past; militaries and non-state actors (including terrorists) increasingly use disruptive technologies with what we may call transhuman provenance.

Contemporary Nigerian society is in its doldrums as regards the culture of violence and distrust among peoples from various ethnic groups that make-up this nation. To an extent, religio-political reasons are fueling this culture of violence and distrust. The thrust of this paper is that: Christian military chaplains are stakeholders as promoters of peace and mutual co-existence in Nigeria with regard to controlling the culture of violence and disunity. The core of this thesis remains Jesus’ convictions concerning non-resistance to (...) the evil one as documented in the Sermon on the Mount, Matthew 5: 38-42, and His life as the Peace-Builder. Therefore, contemporary Nigerian context calls for Christian military chaplains to be more conscious that being messengers of peace and promoters of peaceful coexistence in our country, they have ethical responsibility to build bridges to harmony. Since Christ (God) is love, the chaplains should rediscover the poetics of testimony as a principle for building and reconstructing paths that lead to mutual co-existence in view of encouraging the reign of justice, unity, and peace in Nigeria. (shrink)

The aim of this discussion is twofold.* First, I shall scrutinize certain prevailing rationales for enlisting for military service and show that these justifications are inadequate to meet the military’s recruiting needs. Larger numbers of enlistees who are fully equipped, both in technical skills and morale, for combat readiness are in great demand, but the arguments used to recruit potential enlistees are self-defeating. I shall show how and why they attract volunteers who are rendered singularly unfit to (...) meet these demands by those very arguments themselves. (shrink)

The paper focuses on the conditions under which an agent can be justifiably held responsible or liable for the harmful consequences of his or her actions. Kant has famously argued that as long as the agent fulfills his or her moral duty, he or she cannot be blamed for any potential harm that might result from his or her action, no matter how foreseeable these may (have) be(en). I call this the Duty-Absolves-Thesis or DA. I begin by stating the thesis (...) in a more precise form and then go on to assess, one by one, several possible justifications for it: that (i) it wasn’t the view Kant himself actually held or was committed to; (ii) there is nothing strange about the DA, either theoretically or intuitively; (iii) the DA is more plausible as an account of legal (either criminal or tort) liability; (iv) the DA becomes perfectly plausible when conceived as a thesis about what insulates the agent from either remedial moral responsibility or the demands of compensatory justice; (v) the rationale for the DA is to protect our moral assessment of agents and their actions from the threat of moral luck. I show, with the help of the infamous Inquiring Murderer example, all these (and some other) justificatory attempts unsuccessful. I conclude that besides being counter-intuitive, the DA-thesis also lacks firm theoretical grounding and should therefore be rejected as (part of) an account of outcome moral responsibility. (shrink)

Business ethicists should examine not only business practices but whether a particular type of business is even prima facie ethical. To illustrate how this might be done I here examine the contemporary U.S. defense industry. In the past the U.S. military has engaged in missions that arguably satisfied the just war self-defense rationale, thereby implying that its suppliers of equipment and services were ethical as well. Some recent U.S. military missions, however, arguably fail the self-defense rationale. At issue, (...) then, is whether a business supporting these latter missions may not be circumstantially unethical. No it is not, say defense industry advocates, for two principal reasons. For one, this business benefits society at large in numerous ways. And, for another, the organizer of these military missions is a superpower which by its very nature is not subject to the ethical constraints of the self-defense rationale. I dispute both reasons, argue against the second, and conclude that the U.S. military-industrial complex (MIC) is circumstantially unethical. (shrink)

Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. But do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is ‘yes’: threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out (...) in article 2(4) of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains strikingly under-developed in contemporary just war theory. This paper makes a start at filling the gap. It argues that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. It then provides an account and limited defence of the deterrence argument. It shows that deterrence is morally justified in relatively few cases, and examines two problems with the argument: the problems raised by deterrence failures, and the problems raised by the level of uncertainty under which leaders who use deterrent force operate. It ends by concluding that we should take seriously the possibility that non-intervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine blame (...) for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

Military doctors and nurses, working neither as pure soldiers nor as merely doctors or nurses, may face a ‘role conflict between the clinical professional duties to a patient and obligations, express or implied, real or perceived, to the interests of a third party such as an employer, an insurer, the state, or in this context, military command’. This conflict is commonly called dual loyalty. This chapter gives an overview of the military and the medical ethic and of (...) the resulting dual loyalty problem for medical personnel working in the military. It considers how dual loyalties relate to being a professional, something medical personnel are the paradigmatic examples of, but also something military personnel claim to be. Against that background, the chapter elaborates on the medical rules of eligibility used in Afghanistan, and on the policies concerning military involvement in local healthcare, to see what the existing rules and policies are, and whose interests they serve. (shrink)

What proper role should considerations of risk, particularly to research subjects, play when it comes to conducting research on human enhancement in the military context? We introduce the currently visible military enhancement techniques (1) and the standard discussion of risk for these (2), in particular what we refer to as the ‘Assumption’, which states that the demands for risk-avoidance are higher for enhancement than for therapy. We challenge the Assumption through the introduction of three categories of enhancements (3): (...) therapeutic, preventive, and pure enhancements. This demands a revision of the Assumption (4), alongside which we propose some further general principles bearing on how to balance risks and benefits in the context of military enhancement research. We identify a particular type of therapeutic enhancements as providing a more responsible path to human trials of the relevant interventions than pure enhancement applications. Finally, we discuss some possible objections to our line of thought (5). While acknowledging their potential insights, we ultimately find them to be unpersuasive, at least provided that our proposal is understood as fully non-coercive towards the candidates for such therapeutic enhancement trials. (shrink)

This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This conception (...) helps frame the question whether psychopathy is excusing. The most common rationale for excusing psychopathy appeals to claims about cognitive incompetence. However, there are good philosophical and empirical reasons to be skeptical that psychopaths lack the relevant cognitive capacities. There is more to be said for a volitional rationale for excuse. The crucial question here is whether the problems psychopaths have with impulse control and conforming their behavior to the relevant moral and criminal norms are systematic enough to demonstrate genuine volitional incompetence. The available empirical evidence should leave us skeptical about the merits of this volitional rationale for excuse. (shrink)

Neither M. Walzer's collectivist conception of the "moral equality" of combatants, nor its antithetical individualist conceptions of responsibility are compatible with the ethos of military professionalism and its conception(s) of the responsibility of military professionals for service in an unjust war.

In this chapter, I explore the importance of ethics education for senior military officers with responsibilities at the strategic level of government. One problem, as I see it, is that senior commanders might demand “ethics” from their soldiers but then they are themselves primarily informed by a “morally skeptical viewpoint” (in the form of political realism). I argue that ethics are more than a matter of personal behavior alone: the ethical position of an armed service is a matter of (...) the collective responsibility of the people who constitute it, and senior military officers, having authority to give the orders, have a particularly important role. First, I discuss the continued prominence of a neorealist mindset in strategic thinking. Neorealist theory assumes that ethics is a largely irrelevant concern for strategic decision-makers. In contrast, I argue that consideration of moral values should be at the center of strategic theory and practice. Then, in the second section, I explore the “professional ethics” of senior military officers in order to develop an appreciation of the shared values and expectations regarding required conduct within any professional military service. I argue that senior military leaders should be concerned with what it means to be “good” and that this concept of the good can, and should, be applied across cultures and national boundaries. In the final section, I examine armed conflict and briefly discuss the moral reasoning involved to justify deliberate killing and destruction. I conclude that senior military officers require an understanding of sound moral reasoning to implement effective strategy. (shrink)

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, (...) soldiers are denied the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)

Sparrow argues that military robots capable of making their own decisions would be independent enough to allow us denial for their actions, yet too unlike us to be the targets of meaningful blame or praise—thereby fostering what Matthias has dubbed “the responsibility gap.” We agree with Sparrow that someone must be held responsible for all actions taken in a military conflict. That said, we think Sparrow overlooks the possibility of what we term “blank check” responsibility: A person of (...) sufficiently high standing could accept responsibility for the actions of autonomous robotic devices—even if that person could not be causally linked to those actions besides this prior agreement. The basic intuition behind our proposal is that humans can impute relations even when no other form of contact can be established. The missed alternative we want to highlight, then, would consist in an exchange: Social prestige in the occupation of a given office would come at the price of signing away part of one's freedoms to a contingent and unpredictable future guided by another agency. (shrink)

I. EXECUTIVE SUMMARY The MRCT Center Post-trial Responsibilities: Continued Access to an Investigational Medicine Framework outlines a case-based, principled, stakeholder approach to evaluate and guide ethical responsibilities to provide continued access to an investigational medicine at the conclusion of a patient’s participation in a clinical trial. The Post-trial Responsibilities (PTR) Framework includes this Guidance Document as well as the accompanying Toolkit. A 41-member international multi-stakeholder Workgroup convened by the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard University (...) (MRCT Center) developed this Guidance and Toolkit. Project Motivation A number of international organizations have discussed the responsibilities stakeholders have to provide continued access to investigational medicines. The World Medical Association, for example, addressed post-trial access to medicines in Paragraph 34 of the Declaration of Helsinki (WMA, 2013): “In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.” This paragraph and other international guidance documents converge on several consensus points: • Post-trial access (hereafter referred to as “continued access” in this Framework [for terminology clarification – see definitions]) is the responsibility of sponsors, researchers, and host country governments; • The plan for continued access should be determined before the trial begins, and before any individual gives their informed consent; • The protocol should delineate continued access plans; and • The plan should be transparent to potential participants and explained during the informed consent process. -/- However, there is no guidance on how to fulfill these responsibilities (i.e., linking specific responsibilities with specific stakeholders, conditions, and duration). To fill this gap, the MRCT Center convened a working group in September of 2014 to develop a framework to guide stakeholders with identified responsibilities. This resultant Framework sets forth applicable principles, approaches, recommendations and ethical rationales for PTR regarding continued access to investigational medicines for research participants. (shrink)

The issue of justice after catastrophe is an enormous challenge to contemporary theories of distributive justice. In the past three decades, the controversy over distributive justice has centered on the ideal of equality. One of intensely debated issues concerns what is often called the “equality of what,” on which there are three primary views: welfarism, resourcism, and the capabilities approach. Another major point of dispute can be termed the “equality or another,” about which three positions debate: egalitarianism, prioritarianism, and sufficientarianism. (...) On these topics of distributive justice, authors are concerned with the current difference between the better-off and the worse-off or the present situation of the badly-off. By contrast, it is essential to take account of the past distribution of well-being as well as the present situation in order to explore questions of post-catastrophe justice. Without looking at the pre-disaster distribution of income, preference satisfaction, or basic capabilities among affected people, no present assessment of the damage caused by the disaster could be correct and no proposed remedy adequate. It is true that luck egalitarians assess the current distribution among people by referring to the decision that each individual made. Yet they pay scant attention to the situation in which each one stayed in the past. Therefore, we can legitimately say that most theorists of distributive justice, including luck egalitarians, have failed to give consideration to the past state of each person. -/- To fill this gap in the literature, the present article explores philosophical questions that arise when we take account of each person’s past and present situations in discussing distributive justice regarding public compensation and assistance to survivors and families of victims of natural and industrial disasters. In addressing these novel questions, I develop and refine various concepts, ideas, and arguments that have been presented in the study of distributive justice in normal settings. I tackle two tasks, the first of which is to explore the foundation and scope of luck egalitarianism. Despite the moral appeal it has in many cases, luck egalitarianism has attracted the so-called harshness objection. Some luck egalitarians attempt to avoid this objection in a pragmatic way by combining the luck egalitarian doctrine with the principle of basic needs satisfaction. However, they do not provide any systematic rationale for this combination. In contrast with such pragmatic responses, I seek to offer a principled argument for holding individuals responsible for their choices only when their basic needs are met, by invoking the ideas of respect for human voluntariness and rescue of human vulnerability. Based on this argument, I propose a form of responsibility-sensitive theory, which considers the pre-disaster distribution of well-being as a default position. The second task I take on is to refine sufficientarianism in the context of post-catastrophe justice. Luck egalitarianism with boundaries set by the basic needs principle seems to indicate the potential for sufficientarianism. But major proponents of this view conceive the welfarist assumption, a considerably high standard of well-being, and the controversial treatment of persons staying below the threshold, all of which seem problematic in the post-disaster situation. I try to construct a new version of sufficientarianism by replacing these current features with more robust ones. (shrink)

The use of military force abroad is a significant part of some states’ counter-terrorist efforts. Can these operations be ethically justified? This paper considers whether the underlying principles that philosophers have put forward to justify humanitarian interventions (which may underlie the international norm of the responsibility to protect (R2P)) can also give support for foreign counter-terrorist interventions of this sort. While it finds that the limits to international action that are imposed by the need to respect state sovereignty do (...) not rule out counter-terrorist interventions, it urges caution in supporting an international norm permitting them. Because such a norm would be open to manipulation and abuse, it may be preferable to discourage appealing to it in order to justify military counter-terrorism. (shrink)

In recent years, it has been argued more than once that situations determine our conduct to a much greater extent than our character does. This argument rests on the findings of social psychologists such as Stanley Milgram, who have popularized the idea that we can all be brought to harm innocent others. An increasing number of philosophers and ethicists make use of such findings, and some of them have argued that this so-called situationist challenge fatally undermines virtue ethics. As virtue (...) ethics is currently the most popular underpinning for ethics education in the military, it is important to know to what extent the claim situationists make is correct. Fortunately, a closer look indicates that an interactionist perspective, with our character and the situation interplaying, is more accurate than the situationist perspective. (shrink)

In this critical notice, I review and critique ‘Psychiatric Casualties’ (2021) by Mark C. Russell and Charles Figley. In so doing, I analyze a natural experiment from WWII, which has previously only been misinterpreted. The natural experiment leads me to conclude that predisposition results in some individuals being far more likely than others to develop war stress disorders such as PTSD. This point puts me in disagreement with Russell and Figley, though I endorse the general message of their book: that (...) the military has failed in its responsibility to properly care for psychiatric casualties, and that there are steps which could be taken to improve the situation. (shrink)

Social activity and public involvement in participatory practices, and the creation of civic spaces on the basis of the museum have become relevant for the formation of the concept of a modern museum. Such practices are especially important in times of crisis when history is being documented online and the Rapid Response Collecting (RRC) method is becoming widespread. Modern war discourse requires the newest forms of archiving and description because the recording of history is complicated by the volatility of (...) the military situation, the movement of large flows of displaced persons, and the departure of citizens abroad. The Ukrainian experience of documenting the war is examined in the article taking the example of the ATO Museum (an acronym for anti-terrorist operation) in Dnipro and the online Museum of Civilian Voices. It is important for us to pay attention to the national peculiarities of the codification of collective memory through individual experience and life stories during the full-scale military aggression against Ukraine, and to show the newest forms of presenting the evidence of war. (shrink)

Taddeo’s recent article, ‘Information Warfare: A Philosophical Perspective’ (Philos. Technol. 25:105–120, 2012) is a useful addition to the literature on information communications technologies (ICTs) and warfare. In this short response, I draw attention to two issues arising from the article. The first concerns the applicability of ‘information warfare’ terminology to current political and military discourse, on account of its relative lack of contemporary usage. The second engages with the political and ethical implications of treating ICT environments as a (...) ‘domain’, with its ramifications for the pursuit of ‘dominion’, particularly through military action. (shrink)

Autonomous Weapon Systems (AWS) are the next logical advancement for military technology. There is a significant concern though that by allowing such systems on the battlefield, we are collectively abdicating our moral responsibility. In this thesis, I will examine two arguments that advocate for a total ban on the use of AWS. I call these arguments the “Responsibility” and the “Agency” arguments. After presenting these arguments, I provide my own objections and demonstrate why these arguments fail to convince. I (...) then provide an argument as to why the use of AWS is a rational choice in the evolution of warfare. I conclude my thesis by providing a framework upon which future international regulations regarding AWS could be built. (shrink)

In “Accepting Moral Responsibility for the Actions of Autonomous Weapons Systems—a Moral Gambit” (2022), Mariarosaria Taddeo and Alexander Blanchard answer one of the most vexing issues in current ethics of technology: how to close the so-called “responsibility gap”? Their solution is to require that autonomous weapons systems (AWSs) may only be used if there is some human being who accepts the ex ante responsibility for those actions of the AWS that could not have been predicted or intended (in such cases, (...) the human being takes what the authors call the “moral gambit”). The authors then propose several institutional safeguards to implement in order to ensure that the moral gambit is taken in a fair and just way. This paper explores this suggestion in the context of the institutional settings within which AWSs are most likely to be deployed. It raises some concerns as to the feasibility of Taddeo and Blanchard’s proposal, in light of the recent empirical work on the incentive structures likely to exist within militaries. It then presents a potential problem that may arise in case the accountability mechanisms are successfully implemented. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, (...) we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

One recent priority of the U.S. government is developing autonomous robotic systems. The U.S. Army has funded research to design a metric of evil to support military commanders with ethical decision-making and, in the future, allow robotic military systems to make autonomous ethical judgments. We use this particular project as a case study for efforts that seek to frame morality in quantitative terms. We report preliminary results from this research, describing the assumptions and limitations of a program that (...) assesses the relative evil of two courses of action. We compare this program to other attempts to simulate ethical decision-making, assess possibilities for overcoming the trade-off between input simplification and output reliability, and discuss the responsibilities of users and designers in implementing such programs. We conclude by discussing the implications that this project highlights for the successes and challenges of developing automated mechanisms for ethical decision making. (shrink)

The Laws of Armed Conflict require that war crimes be attributed to individuals who can be held responsible and be punished. Yet assigning responsibility for the actions of Lethal Autonomous Weapon...

Relatively few authors attempt to assess individuals’ moral responsibility for collective action within organizations. I draw on fairly technical recent work by Seamus Miller, Christopher Kutz, and Tracy Isaacs in the field of collective responsibility to see what normative lessons can be prepared for people considering entry into large hierarchical, compartmentalized organizations like businesses or the military. I will defend a view shared by Isaacs that group members’ responsibility for collective action depends on intentions to contribute to particular collective (...) actions, against Miller and Kutz’s more inculpating standards. Miller and Kutz fail to achieve their goal of articulating a variable standard for measuring individual responsibility within organizations, for reasons suggesting we might not be able to do better with their theoretical commitments than a threshold warning for all potential entrants to be wary of the groups they enter. Isaacs sketches an approach that is more successful at creating a variable standard for assessing high echelon actors; I build on and refine her theory to argue that organization members can be held responsible for their unique interpretations of the organization mission and unique contributions to their role duties. High echelon actors may share personal responsibility for their subordinates’ behavior when they have created the conditions for those actions through their unique orders. (shrink)

-/- This article was first published in Technology and Contemporary Life, Philosophy and Technoloy vol. IV, ed. Paul T. Durbin, Dordrecht/Boston: D. Reidel, 1988, pp. 63-85.

Causal selection has to do with the distinction we make between background conditions and “the” true cause or causes of some outcome of interest. A longstanding consensus in philosophy views causal selection as lacking any objective rationale and as guided, instead, by arbitrary, pragmatic, and non-scientific considerations. I argue against this position in the context of causal selection for disease traits. In this domain, causes are selected on the basis of the type of causal control they exhibit over a disease (...) of interest. My analysis clarifies the principled rationale that guides this selection and how it involves both pragmatic and objective considerations, which have been overlooked in the extant literature. (shrink)

The dominant view today on evolutionary progress is that it has been thoroughly debunked. Even value-neutral progress concepts are seen to lack important theoretical underpinnings: natural selection provides no rationale for progress, and natural selection need not even be invoked to explain large-scale evolutionary trends. In this paper I challenge this view by analysing how natural selection acts in heterogeneous environments. This not only undermines key debunking arguments, but also provides a selectionist rationale for a pattern of “evolutionary unfolding”, where (...) life radiates across an increased range of exploitation of environmental heterogeneity. (shrink)

This dissertation concerns Kierkegaard’s theory of indirect communication. A central aspect of this theory is what I call the “indispensability thesis”: there are some projects only indirect communication can accomplish. The purpose of the dissertation is to disclose and assess the rationale behind the indispensability thesis. -/- A pair of questions guides the project. First, to what does ‘indirect communication’ refer? Two acceptable responses exist: (1) Kierkegaard’s version of Socrates’ midwifery method and (2) Kierkegaard’s use of artful literary devices. Second, (...) for what end does Kierkegaard use indirect communication? There are two acceptable responses here as well: (1) helping others become religious and (2) making others aware of the nature of existence. -/- These responses are interrelated. First, Kierkegaard’s notion of religion places restrictions on the means he can use to get readers to become religious. These restrictions ultimately entail that the only viable form of religious pedagogy is the midwifery method. Second, Kierkegaard engages in the midwifery method in part by making readers aware of the nature of existence (especially religious existence). But given the problems plaguing his readers, he thinks a straightforward approach to this project will likely fail. An approach that used artful literary devices such as deception and humor would be more successful. Third, Kierkegaard believes that there is one aspect of religious existence (viz. subjectivity) that people can come to know only first-hand. As such, he cannot directly impart knowledge of subjectivity to his readers. He argues that this means he must use the midwifery method. And he thinks the most productive way to do so is to provide readers with the kind of fictional narratives found in his early pseudonymous writings. Thus artful rhetorical devices play a role here as well. -/- All of Kierkegaard’s arguments for the indispensability thesis turn on debatable assumptions. But the arguments concerning artful rhetorical devices have the additional defect of being merely probabilistic in nature. They lack the strength to support the indispensability thesis even if we grant the relevant background assumptions. Therefore, to the degree that the indispensability thesis has merit, it lies with the arguments concerning the midwifery method. (shrink)

We define a formal semantics of conditionals based on _normatively ideal worlds_. Such worlds are described informally by Armgardt (Gabbay D, Magnani L, Park W, Pietarinen A-V (eds) Natural arguments: a tribute to john woods, College Publications, London, pp 699–708, 2018) to address well-known problems of the counterfactual approach to causation. Drawing on Armgardt’s proposal, we use iterated conditionals in order to analyse causal relations in scenarios of multi-agent interaction. This results in a refined counterfactual approach to causal responsibility in (...) legal contexts, which solves overdetermination problems in an intuitively accessible manner. (shrink)

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...) about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that (...) his rationale falls somewhat short of the mark. By his own lights, a successful justification of the death penalty must show that death is the minimally invasive, most humane means to some legitimate moral end. But even if we grant that his rationale picks out a legitimate moral end, there are at least three alternatives to death, either ignored or not fully considered by Kramer, which would seem to satisfy that end in a less invasive, more humane manner. (shrink)

In this paper, I critique arguments made by philosopher David Buller against central evolutionary-psychological explanations of human mating. Specifically, I aim to rebut his criticisms of Evolutionary Psychology regarding (1) women's long-term mating preferences for high-status men; (2) the evolutionary rationale behind men's provisioning of women; (3) men's mating preferences for young women; (4) women's adaptation for extra-pair sex; (5) the sex-differentiated evolutionary theory of human jealousy; and (6) the notion of mate value. In sum, I aim to demonstrate that (...) Buller's arguments contra Evolutionary Psychologists are left wanting. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine blame (...) for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

My aim in this paper is to demonstrate that actual egalitarian social practices are unsustainable in most circumstances, thus diffusing Cohen’s conundrum by providing an ‘out’ for our rich egalitarian. I will also try to provide a balm for the troubles produced by continuing inequality, by showing how embracing a common conception of utopia can assist a society in its efforts towards establishing egalitarian practices. Doing so will first require an explanation of how giving, like any social practice, can be (...) thought of in terms of being externally suggested, internally willed, or some combination of the two. (shrink)

The Philippine government has been relentless in its counterinsurgency campaigns. From the colonial wars that vilified as insurgents and bandits the honored heroes of today, up to the anti-communist and anti-secessionist civil and military efforts of the postcolonial regimes, these campaigns have not only rolled out large state resources but also cost lives of innocent civilians. Patterned after the United States (US) of America’s principle of low-intensity conflict aimed at countering Marxist and anti-imperialist movements (Reed 1986), counterinsurgency campaigns have (...) unleashed a warfare that indiscriminately target its supposed opponents, including unarmed activists. In 2007, the United Nations Special Rapporteur Philip Alston examined the horrible political situation of the Philippines – characterized by political killings, abductions, and tortures – and identified how state elements, under the blanket protection of waging a counterinsurgency campaign, were responsible for the political repressions then (Sales 2009). Today, under the murderous Duterte regime, the counterinsurgency campaign has reached an unprecedented level of ferocity as it is waged through a militarist whole-ofnation approach composed by multi-level government and multi-agency responses. -/- Being greatly influenced by the US, counterinsurgency campaigns in the Philippines follow the paranoiac and hysterical communist witch-hunt of McCarthyism (Hutchins-Viroux 2008). The hysteria’s contemporary and local expression is the phenomenon called red- or terror-tagging.1 Terror-tagging is the systematic process of maliciously naming or identifying an individual or group as a communist and/or terrorist by its association with a supposed communist and/or terrorist group. Being a systematic process, it is initiated and sustained by state elements with the view of maligning or defaming political activists. Terror-tagging is aimed against activists, dissenters, and even the political opposition. The social activist Rhoda Dalang (2014) has noted how terror-tagging has been deployed by the Philippine state in its counterinsurgency efforts, from the Marcos up to the then Aquino regime. And until the previous Duterte regime, yet with increased intensity and fatality, terror-tagging continued to defame and liquidate activists. As terror-tagging has not received enough academic attention, this chapter aims to fill this gap by providing a preliminary analysis of it. The chapter will be doing a critical discourse analysis. It will take off from a revealing study done by Don Kevin Hapal and Raisa Serafica of Rappler, a media outlet in the Philippines. Through a separate discourse analysis of Facebook posts of the National Task Force to End Local Communist Armed Conflict (NTFELCAC),2 the chapter will also identify aspects of terror-tagging. The discussion will further be theorized using the Marxist analysis of the State and informed by interviews of Atty. Maria Sol Taule and Cristina Palabay. They are both human rights workers who have worked with terror-tagged activists and are themselves subjected to terror-tagging. (shrink)

The international debate on the ethics and legality of autonomous weapon systems (AWS) as well as the call for a ban are primarily focused on the nebulous concept of fully autonomous AWS. More specifically, on AWS that are capable of target selection and engagement without human supervision or control. This thesis argues that such a conception of autonomy is divorced both from military planning and decision-making operations as well as the design requirements that govern AWS engineering and subsequently the (...) tracking and tracing of moral responsibility. To do this, this thesis marries two different levels of meaningful human control (MHC), termed levels of abstraction, to couple military operations with design ethics. In doing so, this thesis argues that the contentious notion of ‘full’ autonomy is not problematic under this two-tiered understanding of MHC. It proceeds to propose the value sensitive design (VSD) approach as a means for designing for MHC. (shrink)

In this paper, we present three necessary conditions for morally responsible animal research that we believe people on both sides of this debate can accept. Specifically, we argue that, even if human beings have higher moral status than nonhuman animals, animal research is morally permissible only if it satisfies (a) an expectation of sufficient net benefit, (b) a worthwhile-life condition, and (c) a no unnecessary-harm/qualified-basic-needs condition. We then claim that, whether or not these necessary conditions are jointly sufficient conditions of (...) justified animal research, they are relatively demanding with the consequence that many animal experiments may fail to satisfy them. (shrink)