The article examines the concept of duty with reference to Ibsen's play "Ghosts." It offers a brief genealogy of duty while linking the concept of duty to a deconstructive approach.

This paper argues that there are two importantly distinct normative relations that can be referred to using phrases like ‘X is obligated to Y,’ ‘Y has a right against X,’ or ‘X wronged Y.’ When we say that I am obligated to you not to read your diary, one thing we might mean is that I am subject to a deontological constraint against reading your diary that gives me a non‐instrumental, agent‐relative reason not to do so, and which you are (...) typically in a unique position to waive with consent. I call this first relation the constraint relation. A second thing we might mean is that you are in a position to fittingly hold me personally accountable for reading your diary by demanding that I not read your diary, resenting me if I do so without excuse, and deciding whether to forgive me for this afterwards. I call this second relation the accountability relation. Though these two kinds of directed obligation often coincide, I argue that they are extensionally dissociable and play different normative roles. We cannot provide an adequate theory of ‘obligation to’ until we recognize that this phrase denotes not one relation, but two. (shrink)

Nyansa nye sika na w'akyekyere asie. One critical factor that has contributed to the spread of the virus COVID-19 and resulting illnesses and deaths is both the conceptual and the ethical confusion between the prioritization of individual rights over social duties. The adherence to the belief in the priority of rights over duties has motivated some individuals to refrain from social distancing and, as a result, has placed themselves and other individuals at serious risk to health and life. My argument (...) is that the ethical enjoinder of social duty possesses priority over the ethical value of individual rights especially in times of global crisis. I demonstrate this point by arguing that the concept of individual right is derivative from the concept of social duty and through the argument that the concept of social duty is more efficacious in addressing global threats to human life than is the concept of individual rights. What is needed is an in-depth revision of the moral ordering of rights and duties and a vision of the human being as inherently other directed with duties toward others. I shall examine two specific ethical systems, that of Confucian and African, Akan moral philosophy that exemplify such a revision of the moral order. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must (...) accept the position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception of normative (...) stability of the international order, which suggests disentangling the two goals of fostering democracy within torn societies and TJ itself. The scope of TJ is therefore limited to enabling these societies to create minimal internal conditions for joining a just international order on equal footing. This paper makes an original contribution to two different debates, namely normative research on TJ, and post-Rawlsian literature in general. First, it provides a new direction for normative theorizing about TJ which takes both its domestic and international dimensions seriously into consideration. Second, it extends Rawls' political liberal outlook to an area where it is not usually understood to apply. (shrink)

This provocative study presents philological, philosophical, and historical arguments that with the Greek term καθῆκον and its Latin equivalent officium the ancient Stoics invented a new concept that anticipated the modern notion of moral duty, for example, Pflicht in Kant. Scholars began to shift from translating kathēkon as "duty" to translating it as "appropriate or fitting action" in the late 1800s, according to Visnjic. The usage of the verb kathēkein in Greek literature prior to the Stoics suggests (...) to him that it described something prescribed by law, tradition, or decree. Visnjic argues that the Stoics did not conceive of kathekonta as rules of conduct but as prescriptions specific to situations. They held that there are some universal duties, like believing in the gods, believing that the gods are benevolent guardians of humanity, and being a good person, but that such duties offer no concrete, practical guidance for determining how to act. The most innovative contribution of this work is the collection and collation of pieces of practical advice scattered throughout extant sources to devise a four-stage process of deliberation. The two chapters on Kant seem comparatively cursory. On the whole, this book, at times daringly inventive, is occasionally unapologetically speculative. (shrink)

The aim of the paper is to shed light on some of the most original elements of Fichte’s conception of morality as expressed in his account of specific obligations. After some remarks on Fichte’s original classification of ethical duties, the paper focuses on the prohibition of lying, the duty to communicate our true knowledge, and the duty to set a good example. Fichte’s account of those duties not only goes beyond the mere justification of universally acknowledged demands, but (...) also deploys different arguments than his contemporaries, most notably Kant. Fichte thereby sketches a conception of morality in which the agent is crucially required to contribute to the morality of others. The chapter explores the contrast between Fichte’s view and Kant’s thought of an end in itself and suggests that Fichte’s view of morality amounts to a form of normative perfectionism that is qualified by the underlying claim of the agent-neutral character of moral demands. (shrink)

The concept of supererogation is strictly correlated with duty, since its peculiar value is defined by acts that go beyond our regular obligations. This paper highlights the importance of proximity (relational closeness) in allowing the proper theoretical space to supererogation. As a matter of fact if we broaden our sense of duty, the possibility to perform supererogatory acts correspondingly decreases. Special obligations emphasize how difficult acts of supererogation are to perform if we stand in some morally-relevant special (...) position with the recipient of our acts. Thus, we can conclude that the relationship between the agent and the recipient of the act (proximity) plays an important role both for our sense of duty (generating special obligations) and for the possibility of performing supererogatory acts. Furthermore, this analysis brings attention to the fact that whenever an act is supererogatory, it cannot, at the same time, be a special obligation (and vice versa). As a consequence, if proximity plays such a role, an objection to the possibility of self-regarding supererogation can be made. (shrink)

This paper explains alternative views about the nature and value of childhood, and how particular conceptions of childhood matter to a practical issue relevant to the topic of the book: children's voting rights. I don't defend any particular view on this matter; rather, I explain how recent accounts of what is uniquely good or bad about being a child bear on arguments for and against enfranchising children. I also explain why children who live in a society in which many adults (...) fail to comply with their duties of intergenerational justice have a weightier interest in voting, and hence why the case for children's enfranchisement is stronger in such cases. (shrink)

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

Concepts of “self” and “right” in three civilizations: primarily Confucian and ancient Greek, with references to Aristotle’s medieval Christian commentators; Uses the classical Greek and Chinese traditions’ common incompatibility with modern liberal notion of “right” to explore the commonalities between them, and on that basis endeavors to connect the East to the West with a “right” that could better harmonize the self with society, right with duty, and negative with positive freedom.

This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” correspond (...) to three sets of four gua in the Yijing: the fourfold nature of the soul in rational psychology (as substantial, simple, unified, spatially related) corresponds to gua 47, 6, 58, 10, respectively; the three “Definitive Articles” and fourth, “Secret Article”, in Perpetual Peace correspond to gua 16, 35,51, 21; and the four objective relations of law to duty in Metaphysics of Morals correspond to gua 45, 12, 17, 25. (shrink)

This article articulates an African conception of development. I call such an account African insofar as it is based on the moral worldview of ubuntu, which is salient largely among the Bantu peoples. To articulate a conception of development, I rely on the paradigm of development ethics, which construes development as an ethical or philosophical enterprise constituted by three questions: what is a good life? what is a just society? and what duties do we owe to the environment? Answers to (...) these questions constitute a conception of development. This article answers two of these questions in the light of ubuntu. Ultimately, I argue that a good life is a function of having a virtuous character, and a just society is one that respects persons in their capacity for virtue and operates on the moral logic of the common good. I conclude by considering the means prized by ubuntu for pursuing the goal of development—the ethics of means. (shrink)

Whether nature is valuable on its own (intrinsic values) or because of the benefits it provides to humans (instrumental values) has been a long-standing debate. The concept of relational values has been proposed as a solution to this supposed dichotomy, but the empirical validation of its intuitiveness remains limited. We experimentally assessed whether intrinsic/relational values of sentient beings/non-sentient beings/ecosystems better explain people’s sense of moral duty towards global nature conservation for the future. Participants from a representative sample of (...) the population of Singapore (n = 1508) were randomly allocated to two “the last human” scenarios. We found that the best predictor of such a sense of moral duty for future nature conservation is the recognition of the intrinsic values of sentient beings. Our results suggest that the concern for animal welfare may enhance rather than compete with the sense of moral duty towards nature conservation. (shrink)

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

This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, that (...) it gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots. (shrink)

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

I argue that humans have a duty to socialise with domesticated animals, especially members of farmed animal species: to make efforts to include them in our social lives in circumstances that make friendships possible. Put another way, domesticated animals have a claim to opportunities to befriend humans, in addition to (and constrained by) a basic welfare-related right to socialise with members of their own and other species. This is because i) domesticated animals are in a currently unjust scheme of (...) social cooperation with, and dependence upon, humans; and ii) ongoing human moral attention and ‘social capital’, of which personal friendships are an indispensable source, is critical if their interests are to be represented robustly and their agency enabled in a just interspecies community. I then argue that participation in farmed animal sanctuaries is a promising way to fulfil this duty, lending support to conceptions of sanctuary as just interspecies community. (shrink)

According to a common caricature of Kant’s ethics, it is synonymous with the Categorical Imperative (CI) and with the sublime and clarion call of duty. But in this paper, I argue that the conjunction of Kant’s concept of duty and his idea of morality as a system of imperatives is unsustainable on the grounds that it commits him to the following two theses: (I) If an agent has a duty to D, then she must be constrained (...) to D, and (II) the Supreme Law of Morality always manifests in the form of duty for humans. I begin by examining (and rejecting) various attempts to defend these two theses. I then explore how this bears on various central aspects of Kant's thought including “ought implies can” (OIC), “ought implies able not to” (OIAN), his system of duties, and the nature of respect. (shrink)

This paper defends the view that we have special relationship duties that do not derive from our moral duties. Our special relationship duties, I argue, are grounded in what I call close relationships. Sharing a close relationship with another person, I suggest, requires that both people conceive of themselves as being motivated to promote the other’s interests. So, staying true to oneself demands being committed to promoting the interests of those with whom we share a close relationship. Finally, I show (...) that the proposed account of special relationship duties circumvents two problems facing self-conception accounts of special relationship duties. (shrink)

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

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)

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

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

While contemporary accounts understand esteem and self-esteem as essentially competitive phenomena, early modern natural law theorists developed a conception of justified esteem and self-esteem based on naturally good character traits. This article explores how such a normative conception of esteem and self-esteem is developed in the work of Christian Wolff. Two features make Wolff’s approach distinctive: He uses the analysis of common notions that are expressed in everyday language to provide a foundation for the aspects of natural law on which (...) his conception of natural duties of esteem depends. He develops a non-competitive conception of esteem and self-esteem into a cooperative conception, according to which enhancing the esteem in which others are held is seen as a tool for promoting self-perfection. Wolff’s ideas offer a solution to the well-known problems connected with competitive life-styles, and at the same time assign a central role in moral motivation to the desire of being esteemed and of having high self-esteem. Moreover, due to his emphasis on presenting a philosophical analysis based on common notions, he offers a solution that is meant to be persuasive from the perspective of everyday morality. (shrink)

I aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties—the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others’ right to freedom, and the more recent continuity view—have failed to answer the (...) two questions satisfactorily. I then introduce my proposal, which holds that we wrong others when we fail to treat their status as moral agents as a source of stringent constraints on our action. I call it the moral neglect account. Once we have identified a common aim of corrective duties (counterbalancing moral neglect), we can fill their content in the various contexts in which wronging has occurred. I conclude by observing that it is not the primary role of corrective justice to assign responsibilities for damage reparations; in fact, requests for compensation make more sense if framed in distributive rather than corrective terms. (shrink)

This paper discusses the theoretical assumptions behind the conception of the logic of faith and deed (LF&D) and outlines its formal-axiomatic frame and its method of construction, which enable us to understand it as a kind of deductive science. The paper is divided into several sections, starting with the logical analysis of the ambiguous terms of 'faith’ and 'action', and focusing in particular on the concepts of religious faith and deed as a type of conscious activity relating to a matter (...) or matters of social importance. After outlining the main ideas and basic assumptions of the theoretical conception of the LF&D as an axiomatic theory, the author introduces some axiom systems for: 1) the logics of faith LF (doxastic logics), 2) the logic of deed LD, and 3) certain logics of norms DL (deontic logics) connected with "duties" and concerning actions/deeds. Lastly, the paper outlines the scientific LF&D based on the three types of logic 1)-3). (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the views (...) concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

Building on her previous work (2004, 2012, 2013), Christine Korsgaard’s recent book Fellow Creatures (2018) has provided the most highly developed Kantian account of duties towards animals. I raise two issues with the results of this account. First, the duties that Korsgaard accounts for are duties “towards” animals in name only. Since Korsgaard does not reject the Kantian conception in which direct duties towards others require mutual moral constraint, what she calls duties “towards” animals are merely Kantian duties regarding animals, (...) verbally repackaged. Hence, Korsgaard’s account is best understood as an expansion (albeit a substantial one) of Kant’s own view of an indirect duty regarding animals. Second, the expansion does not take us quite as far as Korsgaard hopes. She aims for a conception in which our duties towards animals and humans are equally important, but her argument does not support this conclusion. I point out the potential for a more radical revision of Kant’s anthropocentrism that rejects his underlying assumption that duties towards others are based on mutual constraint. (shrink)

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

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

The concept of exploitation and potentially exploitative real-world practices are the subject of increasing philosophical attention. However, while philosophers have extensively debated what exploitation is and what makes it wrong, they have said surprisingly little about what might be required to remediate it. By asking how the consequences of exploitation should be addressed, this article seeks to contribute to filling this gap. We raise two questions. First, what are the victims of exploitation owed by way of remediation? Second, who (...) ought to remediate? Our answers to these questions are connected by the idea that exploitation cannot be fully remediated by redistributing the exploiter's gain in order to repair or compensate the victim's loss. This is because exploitation causes not only distributive but also relational harm. Therefore, redistributive measures are necessary but not sufficient for adequate remediation. Moreover, this relational focus highlights the fact that exploitative real-world practices commonly involve agents other than the exploiter who stand to benefit from the exploitation. Insofar as these third parties are implicated in the distributive and relational harms caused by exploitation, there is, we argue, good reason to assign part of the burden of remediation to them. (shrink)

Subjective rights enjoy limited import in Kelsenian theory for whereas the concept of duty underlies every legal norm, that of rights is merely possible and only emerges when the imposition of the sanction attached to the breach of the duty is made dependent upon a subject's will to bring legal action. The presence of secondary norms establishing certain duties of medical professionals on informed consent displays the existence of correlative reflex rights of patients. Yet, together with secondary (...) norms, Western legal systems typically institute norms of competence enabling patients to take legal action when those duties correlative to their reflex right to informed consent have been infringed. Thus, informed consent constitutes a set of subjective legal positions of patients and medical professionals. Despite its excessive formalism and questionable neutrality, the Kelsenian approach permits to define and clearly distinguish patients' genuine rights from mere aspirations devoid of legal basis. (shrink)

Kant famously made a distinction between actions from duty and actions in conformity with duty claiming that only the former are morally worthy. Kant’s argument in support of this thesis is taken to rest on the claim that only the motive of duty leads non-accidentally or reliably to moral actions. However, many critics of Kant have claimed that other motives such as sympathy and benevolence can also lead to moral actions reliably, and that Kant’s thesis is false. (...) In addition, many readers of Kant find the claim that we should deny moral worth to a dutiful action performed from friendly inclination highly counterintuitive. Moreover, Kantian commentators disagree about the status of actions in conformity with duty, some claim that these can be taken as equally morally worthy as those performed from duty, while others argue that they are not even permissible. -/- It has also been claimed that Kant’s theory of moral worth should be related to the theory of the Gesinnung developed in the Religion. Thus, some authors claim that, in order for an action to possess moral worth, the agent has to be unconditionally committed to morality, that is, the agent must possess a virtuous character or good fundamental maxim (i.e. a good Gesinnung). However, according to Kant’s radical evil thesis (that is, the thesis that man is evil by nature ), the default position for man is to possess an evil Gesinnung, i.e. a Gesinnung which is only conditionally committed to morality insofar as morality does not demand a great sacrifice of our own happiness. So, an unwelcome consequence of this line of interpretation is that in Kantian ethics morally worthy actions become very rare indeed. -/- The paper is divided in two parts. The first part aims to clarify why Kant thought that only actions from duty are morally worthy, replying to some common objections against Kant’s view. I argue that Kant’s non-accidental condition should not be understood in terms of reliability because such interpretation is incompatible with Kant’s theory of motivation and rational agency. I propose an alternative interpretation which supports Kant’ s claim that only the motive of duty leads nonaccidently to dutiful actions, and thus only actions from duty possess moral worth. I end by showing that although actions in conformity with duty are worthless from the moral point of view, they are not (in many cases) impermissible. The first part concludes that the criterion for the permissibility of actions is different to the criterion for the ascription of moral worth. Thus, rightness, which pertains to actions performed on maxims that can be willed as universal laws, and moral worth, which pertains to actions performed from a sense of duty, should be understood as two different levels of moral assessment. -/- The second part of the paper examines Kant’s conception of virtue with the aim of showing that although only agents with a virtuous character (good Gesinnung) will reliably act from duty, a person with an evil character (evil Gesinnung) could on frequent occasions act from duty. I argue that we should not deny moral worth to actions performed from duty even when the agent has an evil Gesinnung. Goodness of Gesinnung is not a necessary condition of the action of an agent possessing moral worth; reliability of motivation is necessary for the ascription of virtue but not for the ascription of moral worth. It follows that virtue, which refers to the agent’s character or fundamental maxim (i.e. the agent’s Gesinnung), and moral worth are also two different levels of moral assessment. The paper concludes that three levels of moral assessment can be distinguished in Kant’s ethical system: (i) rightness, (ii) moral worth and (iii) moral virtue. Moral virtue is the highest level of moral perfection for a human being. Striving towards virtue requires constant progress and effort and ultimately a ‘revolution of the heart.’ The important point is that even when we are still striving to achieve virtue (i.e. an unconditional commitment to morality), we can ascribe moral worth to actions performed by a genuine sense of duty. It turns out that, contrary to many influential interpretations, Kantian ethics is not merely concerned with the rightness or wrongness of particular actions nor is Kantian ethics primarily an ethic of virtue. Instead, Kant’s ethical system is complex and allows for different levels of moral assessment in which both an action-centred and agent-centred perspective can be integrated. (shrink)

This dissertation explores the idea and ethics of vaccination for the sake of others. It conceptually distinguishes four different kinds of vaccination—self-protective, paternalistic, altruistic, and indirect—based on who receives the primary benefits of vaccination and who ultimately makes the vaccination decision. It describes the results of focus group studies that were conducted to investigate what people who might get vaccinated altruistically think of this idea. It also applies the different kinds of vaccination to ethical issues surrounding COVID-19, such as lockdown (...) measures, routine or mandatory vaccination of healthy children, and the ethical justification of restrictive measures for unvaccinated people. A more general philosophical account of vaccination ethics is ultimately developed, which is based not on moral duties, but on the moral reasons that people may have to get vaccinated for the sake of others. It is argued that such reasons may be stronger or weaker, depending on various factors related to the vaccines in question and the specific epidemiological circumstances. (shrink)

Many regard Kant’s account of the highest good as a failure. His inclusion of happiness in the highest good, in combination with his claim that it is a duty to promote the highest good, is widely seen as inconsistent. In this essay, I argue that there is a valid argument, based on premises Kant clearly endorses, in defense of his thesis that it is a duty to promote the highest good. I first examine why Kant includes happiness in (...) the highest good at all. On the basis of a discussion of Kant's distinction between 'good' and 'pleasant', and in light of his methodological comments in the second chapter of the Critique of Practical Reason, I explain how Kant’s conception of the good informs his conception of the highest good. I then argue that Kant's inclusion of happiness in the highest good should be understood in light of his claim that it is a duty to promote the happiness of others. In the final section of this essay, I reconstruct Kant’s argument for the claim that it is a duty to promote the highest good and explain in what sense this duty goes beyond observance of the Categorical Imperative. (shrink)

Kant is probably one of the most misunderstood philosophers in the history of Western thought. Some of the most well-known and pervasive objections to Kant’s practical philosophy often rest on considerable misunderstandings of his central theses or a poor and superficial reading of his work. A common misconception is that in Kant’s practical philosophy there is no place or role for human happiness. In Happiness in Kant’s Practical Philosophy: Morality, Indirect Duties, and Welfare Rights, Alice Pinheiro Walla dispels this misunderstanding (...) by elucidating Kant’s conception of happiness (understood in broadly hedonist terms) and showing that, for Kant, the pursuit of happiness plays an important role in our personal and collective lives. This means that, far from endorsing an ascetic ideal of the moral agent, as it is commonly thought, Kant’s system embraces an ideal of the human life in which there is significant space, and even a duty, to pursue pleasurable endeavours. Somehow surprisingly, in Pinheiro Walla’s reading, Kant’s ethics is arguably less demanding than standard interpretations of Aristotelian and Utilitarian ethical theories. (shrink)

Gilabert argues that the humanist conception of duties of global justice and the principle of cosmopolitan justifiability will lead us to accept an egalitarian definition of individual autonomy. Gilabert further argues that realizing conditions of individual autonomy can serve as the cut-off point to duties of global justice. I investigate his idea of autonomy, arguing that in order to make sense of this claim, we need a concept of autonomy. I propose 4 possible definitions of autonomy, none of which (...) seem to necessitate Gilabert’s duties of egalitarian global justice. Instead, I propose that he may have in mind Autonomy 5, which requires that individuals have access to a maximum number of options and not simply a sufficient range of options to choose from. I criticize this premise as too demanding in the global world characterized by fundamental inequality. Second, I argue that if we were to endorse the preconditions for Autonomy 5, we would have to accept that Gilabert’s theory of global justice doesn’t provide for a cut-off point of duties of global justice. (shrink)

The concept of the Ashrama system stands as a foundational element within the Indian societal structure yet finds limited discourse within contemporary society. This article delves into the enduring relevance of the ancient Hindu ashrama system in modern society. Analysing the four life stages – Brahmacharya, Grihastha, Vanaprastha, and Sanyasa, the study navigates their philosophical underpinnings and their applicability in today’s intricate societal landscape. It highlights that each ashrama is relevant to a person’s development, individual faculties and society. The (...) article elucidates how the ashrama system offers a holistic framework for personal growth, duty, and spiritual evolution by examining the intersection of tradition and contemporary challenges. Through a balanced synthesis of ancient wisdom and present-day realities, this exploration sheds light on the ashrama system’s potential to inspire purposeful living in the modern age. (shrink)

We discuss Kant’s conception of beneficence against the background of the overdemandingness debate. We argue that Kant’s conception of beneficence constitutes a sweet spot between overdemandingess and undemandingess. To this end we defend four key claims that together constitute a novel interpretation of Kant’s account of beneficence: 1) for the same reason that we are obligated to be beneficent to others we are permitted to be beneficent to ourselves; 2) we can prioritise our own ends; 3) it is more virtuous (...) to do more rather than less when it comes to helping others; and 4) indifference to others is vicious. Finally, we explain how this represents a system of duties that gives our personal ends a moral standing without unacceptably moralising them. (shrink)

Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...) warming raises the prospect that we need a global form of political authority that could coordinate the actions of states in order to address this environmental threat. This in turn suggests that any serious effort to mitigate climate change will entail new limits on the sovereignty of states. In this book I focus on the normative question of whether or not we have clear moral reasons to bind ourselves together in such a supranational form of political association. I argue that one can employ familiar liberal arguments for the moral legitimacy of political order at the state level to show that we do have a duty to support such a global political project. Even if one adopts the premises employed by the most influential forms of liberal scepticism to the ideas of global political and distributive justice, such as those advanced by John Rawls and Thomas Nagel, it is clear that the threat of global warming has expanded the scope of justice. We now have a global and demanding duty of justice to create the political conditions that would allow us to collectively address our impact on the Earth’s atmosphere. (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing why the (...) situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

The concept of the highest good is an important but hardly uncontroversial piece of Kant’s moral philosophy. In the considerable literature on the topic, challenges are raised concerning its apparently heteronomous role in moral motivation, whether there is a distinct duty to promote it, and more broadly whether it is ultimately to be construed as a theological or merely secular ideal. Yet comparatively little attention has been paid to the context of a doctrine that had enjoyed a place (...) of prominence in the ethical systems of the ancients, where these systems provided a key critical foil for the development of Kant’s own conception of the highest good in terms of “happiness distributed in exact proportion to morality” (cf. 5:110). Indeed, these ethical systems prove important for Kant not only in his initial presentation of his account in the Canon of Pure Reason in the first Critique, where he sought to redress the errors of the Epicurean and Stoic conception in particular, but also and importantly in the course of his development towards the second Critique. As I argue in this paper, Christian Garve’s defense of a revised but recognizably Stoic conception of the highest good in his translation of and commentary on Cicero’s De officiis (On Duties), helps to account for Kant’s renewed attention to that doctrine, and specifically to the errors attending the Stoic version, in the Dialectic of Pure Practical Reason. (shrink)

This chapter concerns the normativity of the concepts of paternalism and libertarian paternalism. The first concept is central in evaluating public health policy, but its meaning is controversial. The second concept is equally controversial and has received much attention recently. It may or may not shape the future evaluation of public health policy. In order to facilitate honest and fruitful debate, I consider three approaches to these concepts, in terms of their normativity. Concepts, I claim, may be considered (...) nonnormative, normatively charged, or normative in that they involve more complex relationships between values or duties. While the last approach is often best, other approaches may be appropriate depending on the context and purpose of discussion. The chapter’s conceptual investigation is illustrated by application to two public health policies: a tax on the consumption of fat and the encouragement of health-promoting food displays in restaurants and supermarkets. (shrink)

This review provides an overview of the ethics of extinctions with a focus on the Western analytical environmental ethics literature. It thereby gives special attention to the possible philosophical grounds for Michael Soulé’s assertion that the untimely ‘extinction of populations and species is bad’. Illustrating such debates in environmental ethics, the guiding question for this review concerns why – or when – anthropogenic extinctions are bad or wrong, which also includes the question of when that might not be the case (...) (i.e. which extinctions are even desirable). After providing an explanation of the disciplinary perspective taken (section “Introduction”), the concept of extinction and its history within that literature are introduced (section “Understanding extinction”). Then, in section “Why (or when) might anthropogenic extinctions be morally problematic?”, different reasons for why anthropogenic extinctions might be morally problematic are presented based on the loss of species’ value, harm to nonhuman individuals, the loss of valuable biological variety and duties to future generations. This section concludes by also considering cases where anthropogenic extinctions might be justified. Section “How to respond to extinctions?” then addresses a selection of topics concerning risks and de-extinction technologies. Finally, the section on “Extinction studies” introduces other viewpoints on the ethics of extinction from the extinction studies literature, followed by the “Conclusion”. (shrink)

Kant's radical criticism of the passions has a central but largely overlooked moral-psychological component: for Kant, the passions promote a kind of self-deception he calls ‘rationalizing’. In analysing the connection between passion and rationalizing self-deception, I identify and reconstruct two essential traits of Kant's conception of the passions. I argue (1) that rationalizing self-deception, according to Kant, contributes massively to the emergence and consolidation of passions. It aims to resolve a psychological conflict between passion and moral duty when in (...) fact, it does not resolve but perpetuates this conflict. I then argue (2) that rationalizing does not necessarily aim to devalue moral duty, as Kant seems to suggest in the Groundwork. It can also aim to revalue the ‘counterweight’. By analysing Kant's presentation of several individual passions in the Anthropology, I demonstrate that rationalizing here is concerned with elevating these passions and making them pass as morally (or at least prudentially) justified. (shrink)

This paper offers a theory of the structure of basic human rights which is both compatible with and clarificatory of the traditional conception of such rights. A central contention of the theory is that basic rights are structurally different from other kinds of moral rights, such as special rights, because of differences both in the way in which basic rights have content and the model on which basic rights are correlative with duties. This contention is exploited to develop and defend (...) the central thesis of the theory, namely that basic human rights are bundles of mutually held active rights enjoyed by persons in virtue of the specifiable moral relationships they bear to each other. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I believe, (...) is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister (...) ob- serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

The idea that citizens have a right to receive information that is relevant for their suitable exercise of political rights and liberties is well established in democratic societies. However, this right has never been systematically analyzed, thus remaining a blurry concept. This article tackles this conceptual gap by conceptualizing citizens’ right to information. After reviewing previous approaches to this idea, I locate citizens’ right to information on the map of communication rights, and put forward a systematic framework for both (...) justifying and analyzing it. This framework focuses on this right’s grounds, its function, its holders, its content, and its correlative duties. Although the conceptualization offered here will be incomplete, it will be enough to distinguish the general concept of citizens’ right to information from both its specific conceptions and from the other two best-known rights of the public: freedom of information and the public’s right to know. (shrink)