What is it for a duty or obligation to be directed? Thinking about paradigmatic cases such as the obligations generated by promises will take us only so far in answering this question. This paper starts by surveying several approaches for understanding directed duties, as well as the challenges they face. It turns out that shared agency features something similar to the directedness of duties. This suggests an account of directedness in terms of shared agency – specifically, (...) in terms of the so-called practical intimacy that holds between individuals when they act together. The final section addresses a challenge to the shared agency approach posed by legal wronging in tort law. (shrink)

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

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

According to indirect duty views, human beings lack direct moral duties to non-human organisms, but our direct duties to ourselves and other humans give rise to indirect duties regarding non-humans. On the orthodox interpretation of Kant’s account of indirect duties, one should abstain from treating organisms in ways that render one more likely to violate direct duties to humans. This indirect duty view is subject to several damaging objections, such as that it misidentifies the moral (...) reasons we have to treat non-humans in certain ways and that it sanctions only weak obligations vis-à-vis organisms. I develop an alternative indirect duty view: given a direct duty to oneself to cultivate virtuous dispositions, one has an indirect duty to abstain from treating organisms in ways that erode one’s virtues or develop vices. I argue that this indirect duty view strictly proscribes knowingly causing unnecessary harm to organisms, and I show that it is not subject to the damaging objections directed against the indirect duty view attributed to Kant by the orthodox interpretation. This suggests that indirect duty views are more worthy of consideration than is often supposed. (shrink)

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

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)

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)

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement (...) efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

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

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)

Is the common cause principle merely one of a set of useful heuristics for discovering causal relations, or is it rather a piece of heavy duty metaphysics, capable of grounding the direction of causation itself? Since the principle was introduced in Reichenbach’s groundbreaking work The Direction of Time (1956), there have been a series of attempts to pursue the latter program—to take the probabilistic relationships constitutive of the principle of the common cause and use them to ground the direction of (...) causation. These attempts have not all explicitly appealed to the principle as originally formulated; it has also appeared in the guise of independence conditions, counterfactual overdetermination, and, in the causal modelling literature, as the causal markov condition. In this paper, I identify a set of difficulties for grounding the asymmetry of causation on the principle and its descendents. The first difficulty, concerning what I call the vertical placement of causation, consists of a tension between considerations that drive towards the macroscopic scale, and considerations that drive towards the microscopic scale—the worry is that these considerations cannot both be comfortably accommodated. The second difficulty consists of a novel potential counterexample to the principle based on the familiar Einstein Podolsky Rosen (EPR) correlations in quantum mechanics. (shrink)

This chapter addresses the close association between withholding and withdrawing futile life-sustaining medical treatments and assisting patients with hastening ending their lives. Section 12.2 sets forth a definition of medical futility and places this concept in the broader context of bioethical principles of autonomy, beneficence, nonmaleficence and justice. Section 12.3 draws out futility’s ethical implications and considers the view that physicians are ethically permitted to refrain from medically futile treatments, should be encouraged to refrain, or have a duty to refrain. (...) Section 12.4 examines ethical arguments that physicians also have a positive duty to assist patients with terminal conditions who are imminently dying to end their lives. It explores ethical arguments for assisted dying that appeal to the physicians’ significant responsibility and relationship with patients, the claimed moral equivalence of actions and omissions, and the medical goal of helping patients have a peaceful and dignified death. (shrink)

This article defends a relational account of personhood. I argue that the structure of personhood consists of dyadic relations between persons who can wrong or be wronged by one another, even if some of them lack moral competence. I draw on recent work on directed duties to outline the structure of moral communities of persons. The upshot is that we can construct an inclusive theory of personhood that can accommodate nonhuman persons based on shared community membership. I argue (...) that, once we unpack the internal relation between directed duties, moral status, and flourishing, relations can ground personhood and include nonhuman animals. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. (...) Therefore, they cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

This paper will attempt to assess the primary differences between what I take to be the two primary philosophical "traditions" in contemporary French philosophy, using Derrida (transcendence) and Deleuze (immanence) as exemplary representatives. The body of the paper will examine the use of these terms in three different areas of philosophy on which Derrida and Deleuze have both written: subjectivity, ontology, and epistemology. (1) In the field of subjectivity, the notion of the subject has been critiqued in two manners, either (...) by appealing either to the transcendence of the other (Levinas, Derrida) or to the immanent jlux of experience itself, in relation to which the Ego itself is trancendent (Deleuze, Foucault, Sartre, James). (2) In the field of ontology, a purely "immanent" ontology would be an ontology in which there is neither a "beyond" or an "otherwise" Being, nor "interruptions" in Being, both of which would require an appeal to a formal element of transcendence (Deleuze). Such a "transcendent" and aporetic structure, which can never appear or be present as such within Being, is what lies at the basis of the project of deconstruction, with its attendant aporias (Derrida). (3) This distinction, finally, finds parallels in Kant's epistemology, for whom the possible experience is conditioned by purely immanent criteria (Deleuze), whereas what goes beyond the limits of possible experience is transcendent (Derrida). Drawing on these three thread of analysis, the paper concludes with an assessment of what is at stake in the ethical differences between the two traditions. The question of "transcendence" is "What mast I do?", which is the question of morality (a duty or obligation that is beyond being, an "ought" beyond the "is"). The question of "immanence" is "What can I do?" (my power or capacity as an existing individual within being). For Levinas and Derrida, ethics precedes ontology because it is derived from an element of transcendence (the Other); for Deleuze, ethics is ontology because it is derived from the immanent relation of beings to Being at the level of their existence (Spinoza). (shrink)

There is an ongoing debate in animalethics on the meaning and scope of animalwelfare. In certain broader views, leading anatural life through the development of naturalcapabilities is also headed under the conceptof animal welfare. I argue that a concern forthe development of natural capabilities of ananimal such as expressed when living freelyshould be distinguished from the preservationof the naturalness of its behavior andappearance. However, it is not always clearwhere a plea for natural living changes overinto a plea for the preservation (...) of theirnaturalness or wildness. In the first part ofthis article, I examine to what extent theconcerns for natural living meet ``theexperience requirement.'' I conclude that someof these concerns go beyond welfare. In thesecond part of the article. I ask whether wehave moral reasons to respect concernsfor the naturalness of an animal's living thattranscend its welfare. I argue that the moralrelevance of such considerations can be graspedwhen we see animals as entities bearingnon-moral intrinsic values. In my view the``natural'' appearance and behavior of an animalmay embody intrinsic values. Caring for ananimal's naturalness should then be understoodas caring for such intrinsic values. Intrinsicvalues provide moral reasons for action iffthey are seen as constitutive of the good lifefor humans. I conclude by reinterpreting,within the framework of a perfectionist ethicaltheory, the notion of indirect dutiesregarding animals, which go beyond andsupplement the direct duties towardsanimals. (shrink)

The claim I want to explore in this paper is simple. In social ontology, Margaret Gilbert, Abe Roth, Michael Bratman, Antonie Meijers, Facundo Alonso and others talk about rights or entitlements against other participants in joint action. I employ several intuition pumps to argue that we have reason to assume that such entitlements or rights can be ascribed even to non-sentient robots that we collaborate with. Importantly, such entitlements are primarily identified in terms of our normative discourse. Justified criticism, for (...) example, presupposes that another person acted wrongly, i.e., was not entitled to this action. Praise is supposed to encourage another person and acknowledge that one did more than one was obligated to. I show that such normative talk serves the same function when cooperating with robots. This, I argue, suggests that they have the same kind of entitlements and duties at least in the context of a joint action. (shrink)

Two problems about rights have received so far little attention. One is the problem of identifying a general value in the practice of rights. The second is to see when, if at all, rights violations wrong the right-holder, in a morally significant sense. In the present essay, I address the first question by investigating the second. I first show that if we commit to the two ideas, common in the contemporary philosophy of rights, that claim-rights always correlate with directed (...) duties and that rights aspire to protect interests of the right-holder, we make it hard to explain why rights violations, in general, wrong right-holders. In the final section, I present what I see as a promising solution to the puzzle. I describe a particular social environment (the society of equals) where interacting with others through rights is indeed valuable because respecting rights communicates that one takes seriously others’ equal moral status. In such a society and only in such a society, I conclude, moral agents are required to treat all rights violations as wrongs perpetrated against the right-holder. (shrink)

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

In ‘Against vaccine nationalism’, Nicole Hassoun misrepresents our argument, distorts our position and ignores crucial distinctions we present in our article, ‘Love thy neighbor? Allocating vaccines in a world of competing obligations’. She has created a strawman that does not resemble our position. In this reply, we address two features of ‘Against vaccine nationalism’. First, we address a phantom premise. Hassoun misattributes to us a thesis, according to which citizen-directed duties are stronger than noncitizen-directed duties. This (...) thesis is a figment of her imagination, not a fragment of our argument. Second, we address a shape-shifting ism. Ambiguity attaches to ‘vaccine nationalism,’ ambiguity that Hassoun exploits despite our distinguishing various meanings of the phrase. As a result, the type of vaccine nationalism she argues against is not the type we defend. (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with several (...) proposals as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

Immanuel Kant infamously denies that non-rational entities--a class that includes all non-human animals (hereafter “animals”)--have moral standing. He claims that human beings have only indirect duties with regard to animals. Roughly put, on his view we can have moral reasons to treat animals in certain ways, but these reasons depend entirely on duties we owe to ourselves and other human beings. Arguably because of this stance, most animal ethicists have had little use for Kant. Christine Korsgaard’s most recent (...) book, Fellow Creatures: Our Obligations to the Other Animals, aims to show that Kant’s moral philosophy provides compelling grounds for recognizing direct duties to animals, contrary to what Kant himself and his critics believe. (shrink)

Doxastic voluntarism is the thesis that our beliefs are subject to voluntary control. While there’s some controversy as to what “voluntary control” amounts to (see 1.2), it’s often understood as direct control: the ability to bring about a state of affairs “just like that,” without having to do anything else. Most of us have direct control over, for instance, bringing to mind an image of a pine tree. Can one, in like fashion, voluntarily bring it about that one believes a (...) specific proposition? Doxastic voluntarists hold that, at least in some circumstances—such as when the evidence is ambiguous—we can. Doxastic involuntarists, in contrast, maintain that we cannot. Some involuntarists hold that the concept of belief itself precludes the possibility of believing voluntarily. Others hold that the impossibility of voluntary belief is a contingent psychological fact. Historically, the issue of doxastic voluntarism has been connected to how many think about religious commitment: a prominent view of faith is that it is a voluntary decision to believe. Furthermore, the issue of voluntarism has also been viewed as having bearing on fundamental questions in epistemology. For example, are epistemic norms duties to believe in certain ways? Are there practical or moral reasons to believe? If the answer to either question is “yes,” it seems some measure of voluntary doxastic control is required. -/- In section 1, we expand on the definition of doxastic voluntarism, and survey various kinds of control (e.g. direct, indirect, long-range) and the doxastic attitudes we might control (e.g. outright belief, withholding, credences). In section 2, we discuss a number of historical views on doxastic voluntarism. In section 3, we survey motivations for rejecting doxastic voluntarism. There are two general strategies: arguments that appeal to psychological considerations, and conceptual arguments regarding the nature of belief. In section 4, we survey five approaches to defending voluntarism: those that appeal to epistemic permissivism, doxastic compatibilism, skepticism, one-off considerations, and non-standard views of belief. In section 5, we cover empirical work on doxastic voluntarism. The last two sections discuss two implications of voluntarism. In section 6, we discuss voluntarism’s implications for the ethics of belief, and in section 7, we discuss issues at the intersection of voluntarism and religious faith. (shrink)

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays some ambivalence. (...) Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

Philosophers generally prescribe against complaining, or endorse only complaints directed to rectification of the circumstances. Notably, Aristotle and Kant aver that the importuning of others with one’s pains is effeminate and should never be done. In this paper, I reject the prohibition of complaint. The gendered aspects of Aristotle’s and Kant’s criticisms of complaint include their deploring a self-indulgent "softness" with respect to pain, yielding to feelings at the expense of remembering one’s duties to others and one’s own (...) self-respect. I argue that complaining may also take the form of mindful attention to shared suffering. A complainer may observe affective duties, such as commiseration and invitations to disclose pains. Against more contemporary views that justify only constructive complaints directed to change, I suggest that quotidian, unconstructive complaining sometimes fulfills important social functions, including the amelioration of loneliness and affective solidarity, for the sake of others as well as oneself. (shrink)

Recent years have seen a surge of interest in the question of whether humans should reproduce. Some say human life is too punishing and cruel to impose upon an innocent. Others hold that such harms do not undermine the great and possibly unique value of human life. Tracing these outlooks historically in the debate has barely begun. What might philosophers have said, or what did they say, about human life itself and its value to merit reproduction? This article looks to (...) Kant, who wrote much on whether, by reproducing, humans do wrong or right morally. It assesses two main arguments: one examining whether perfect or imperfect duties condone reproduction, the other whether Kant’s teleological or, in the opposite sense, his eschatological outlooks can salvage reproduction. These two arguments are essential for building the entire argument. This article finds that, although Kant’s arguments against reproducing are strong, some of his writing seems to support reproduction as a good. Yet, must we must assume an author, even one who strove for systematicity, must be consistent over his entire oeuvre on every issue, especially if not handled directly in a single work? The article concludes that Kant does not sufficiently, systematically support anti-natalism as more moral than pro-natalism. It is best for the current debate to grapple with the very dilemma that daunted Kant. (shrink)

In this article, I address the issue of whether we have an obligation to remember past immoral actions. My central question is: do we have an obligation to remember past moral transgressions? I address this central question through three more specific questions. In the first section, I enquiry whether we have an obligation to remember our own past transgressions. In the second section, I ask whether we have an obligation to remember the wrongful actions that others have committed against ourselves. (...) In the last section, I investigate whether we have a duty to remember the suffering of victims of crimes that have a political aspect, crimes such as state violence, oppression and racial discrimination, for example. Here I use the term ‘obligation’ in a board sense to refer to actions that are recommended from the moral point of view, that is, when we have moral reasons to act in a certain way. Here I decided to explore these issues from a Kantian perspective. At first glance, Kant does not seem to have much to offer to an ethics of memory since he does not ask these questions directly. Nevertheless, I was interested to explore to what extent Kant’s ethics, and Kantian ethics more generally, can give us tools to answer these questions. What I have discovered is that, despite my initial doubts, the Kantian framework can provide us with materials to build arguments that can help us to answer these questions. In fact, I will argue that in Kant’s ethics, we have an obligation to remember past immoral actions. With regard to our own transgressions, I argue that we ought to remember our past transgressions because this is an aspect of our moral development. With regard to others’ transgressions, I argue that we have a duty of self-respect to demand that others respect us (in the Kantian sense, that is, that others treat us in a morally correct way) and that this involves remembering others’ transgressions, particularly when there is no evidence of their repentance or if they have not apologized. However, if we have (fallible) reasons to think that the wrongdoer has repented, then there is certainly no need to continue to remind them of their offenses. Thus, in the first two sections, my arguments are based on a certain interpretation of Kant’s ethical texts. However, when I address the political dimension of the ethics of memory I have based my arguments on the work of contemporary authors, especially Jeffrey Blustein. In the last section then, the perspective is more ‘Kantian’ than Kant’s. I argue that we have a duty to remember the victims of social and political injustice (social and political violence, oppression, discrimination, atrocity and crimes against humanity). Defenders of the importance of political memory usually appeal to consequentialist arguments. However, these arguments have limits. A Kantian perspective (deontological) is relevant here because it allows us to provide new arguments in support of the importance of political memory and thus ultimately to provide a stronger defense of duties of memory. -/- The issues that arise in relation to an ethics of memory will no doubt require that we study other sources in addition to the materials and arguments provided from a Kantian perspective. Nevertheless, I conclude that perhaps a bit surprisingly, the Kantian tradition has more to offer than it initially seemed, and it can certainly provide part of the theoretical framework to develop an ethics of memory. (shrink)

In this commentary published, I explore the difficult but urgent question: has civil society in Bangladesh failed to uphold its responsibility as a check on government power? Over the years, civil society’s silence has allowed concerning issues like electoral manipulation, human rights abuses, and corruption to go unchecked. From the forced resignation of Chief Justice Sinha to the tragic murder of Abrar Fahad, the lack of strong, collective action has left many crucial injustices unchallenged. Civil society has a fundamental duty (...) to defend democratic principles, demand transparency, and hold power accountable. But too often, our intellectuals, academics, journalists, and human rights defenders avoided direct engagement, especially during moments that called for bold stances. This silence has enabled a climate of impunity and fear that damages the very foundations of democracy. I argue that civil society owes an apology for its inaction—this isn’t merely symbolic. Admitting these past failures is the first step toward rebuilding trust and credibility. Civil society must recommit to its role as the people's voice and stand firmly against abuses of power while protecting the rights and freedoms that all Bangladeshis deserve. (shrink)

In this article, I discuss Gerbert Faure’s Vrije wil, moraal en het geslaagde leven (Free Will, Morality, and the Well-lived Life). I summarize and elucidate Faure’s argument. My criticisms are directed primarily at the first chapter of the book, in which Faure develops what he regards as a Strawsonian account of free will and moral responsibility. Faure denies that we have free will; I argue that Strawsonians should not deny this. Faure argues that, although we do not have free (...) will, it is often justified to hold others responsible, because we owe it to the victim(s) of a wrong to hold the perpetrator responsible; it is our moral duty. I argue that we only have a moral duty to hold perpetrators responsible if they are morally responsible. I also comment on the way in which Faure presents Strawson’s distinction between theory and practice. (shrink)

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long-distance, human-guided weaponry. We (...) suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

Abstract: In this essay I outline a radical kind of virtue theory I call exemplarism, which is foundational in structure but which is grounded in exemplars of moral goodness, direct reference to which anchors all the moral concepts in the theory. I compare several different kinds of moral theory by the way they relate the concepts of the good, a right act, and a virtue. In the theory I propose, these concepts, along with the concepts of a duty and of (...) a good life, are defined by reference to exemplars, identified directly through the emotion of admiration, not through a description. It is an advantage of the theory that what makes a good person good is not given a priori but is determined by empirical investigation. The same point applies to what good persons do and what states of affairs they aim at. The theory gives an important place to empirical investigation and narratives about exemplars analogous to the scientific investigation of natural kinds in the theory of direct reference. (shrink)

Imagine that you are a farmer living in Kenya. Though you work hard to sell your produce to foreign markets you find yourself unable to do so because affluent countries subsidize their own farmers and erect barriers to trade, like tariffs, thereby undercutting you in the marketplace. As a consequence of their actions you languish in poverty despite your very best efforts. Or, imagine that you are a peasant whose livelihood depends on working in the fields in Indonesia and you (...) are forcibly displaced from your land by a biofuels company because corrupt government officials have stolen the land and sold it to the company. Or, suppose that you work on the coast of Bangladesh but find that increasingly you are unable to cope with salination resulting from sealevel rise – a product of anthropogenic climate change. These, I believe, are cases of global injustice. My question is: What are those who bear the brunt of global injustice entitled to do to secure their, and other people’s, entitlements? Often people focus on the duties of the affluent to respect and uphold the rights of the disadvantaged. This is understandable. But there is a striking omission. Rarely do people analyze, or even mention, what those who lack their entitlements are entitled to do to secure their own rights. This is my focus in this paper. More specifically, I examine what agents are entitled to do to change the underlying social, economic and political practices and structures in a more just direction. (shrink)

A patient is diagnosed with the persistent vegetative state (PVS) when they show no evidence of the awareness of the self or the environment for an extended period of time. The chance of recovery of any mental function or the ability to interact in a meaningful way is low. Though rare, the condition, considering its nature as a state outwith the realm of the conscious, coupled with the trauma experienced by the patient's kin as well as health care staff confronted (...) with painful decisions regarding the patient's care, has attracted a considerable amount of discussion within the bioethics community. At present, there is a wealth of literature that discusses the relevant neurology, that elucidates the plethora of ethical challenges in understanding and dealing with the condition, and that analyses the real-world cases which have prominently featured in the mainstream media as a result of emotionally charged, divergent views concerning the provision of care to the patient. However, there is scarcely anything in the published scholarly literature that proposes concrete and practically actionable solutions to the now widely recognized moral conundrums. The present article describes a step in that direction. I start from the very foundations, laying out a sentientist approach which serves as the basis for the consequent moral decision-making, and then proceed to systematically identify and deconstruct the different cases of discord, using the aforementioned foundations as the basis for their resolution. A major intellectual contribution concerns the fluidity of the duty of care which I argue is demanded by the sentientist focus. The said duty is shown initially to have for its object the patient, which depending on the circumstances, can change to the patient's kin, or the health care staff themselves. In conclusion, the proposed framework represents the first comprehensive proposal regarding the decision-making processes involved in the deliberation on the provision of life sustaining treatment to a patient in a PVS. (shrink)

What justifies practices of “standing”? Numerous everyday practices exhibit the normativity of standing: forbidding certain interventions and permitting ignoring them. The normativity of standing is grounded in facts about the person intervening and not on the validity of her intervention. When valid, directives are reasons to do as directed. When interventions take the form of directives, standing practices may permit excluding those directives from one’s practical deliberations, regardless of their validity or normative weight. Standing practices are, therefore, puzzling – (...) forbidding giving reasons and, if given, permitting disregarding such reasons. What justifies standing practices are the values that they protect, including privacy, autonomy, independence, valuable relationships, and equal respect. These values count in favor of standing’s duty against certain interventions and, when these duties of non-intervention are breached, the values underpinning those duties count in favor of standing’s permission to discount or exclude those interventions from one’s practical deliberations – the normative weight of those interventions notwithstanding. (shrink)

Should people get vaccinated for the sake of others? What could ground—and limit—the normative claim that people ought to do so? In this paper, we propose a reasons-based consequentialist account of vaccination for the benefit of others. We outline eight harm-based and probabilistic factors that, we argue, give people moral reasons to get vaccinated. Instead of understanding other-directed vaccination in terms of binary moral duties (i.e., where people either have or do not have a moral duty to get (...) vaccinated), we develop a scalar approach according to which people can have stronger or weaker moral reasons to get vaccinated in view of the moral good of vaccination. One advantage of our approach is that it can capture why a person might have strong moral reasons to get vaccinated with Vaccine A, but only weak moral reasons to get vaccinated with Vaccine B. We discuss theoretical strengths of our approach and provide a case study of vaccination against COVID-19 to demonstrate its practical significance. (shrink)

According to the Market Failures Approach to business ethics, beyond-compliance duties can be derived by employing the same rationale and arguments that justify state regulation of economic conduct. Very roughly the idea is that managers have a duty to behave as if they were complying with an ideal regulatory regime ensuring Pareto-optimal market outcomes. Proponents of the approach argue that managers have a professional duty not to undermine the institutional setting that defines their role, namely the competitive market. This (...) answer is inadequate, however, for it is the hierarchical firm, rather than the competitive market, that defines the role of corporate managers and shapes their professional obligations. Thus, if the obligations that the market failures approach generates are to apply to managers, they must do so in an indirect way. I suggest that the obligations the market failures approach generates directly apply to shareholders. Managers, in turn, inherit these obligations as part of their duties as loyal agents. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Working out a Kantian theory of moral responsibility for animals2 requires the untying of two philosophical and interpretive knots: i.) How to interpret Kant’s claim in the important “episodic” section of the Doctrine of Virtue that we do not have duties “to” animals, since such duties are only “with regard to” animals and “directly to” ourselves; and ii.) How to explain why animals don’t have rights, while human beings who (currently or permanently) don’t have sufficient reason for moral (...) responsibility do have rights. At the heart of the problem lies the philosophical challenge of whether a Kantian account of moral responsibility for animals can take the animals themselves into account in the right way, that is, without utilizing arguments that (wrongly) presuppose that non-human animals are moral agents or can be morally responsible for their actions. The task of untying these two knots is the aim of this chapter. I start by defending Kant’s general claim that our duties regarding animals are not “to” them, but rather “with regard to” them. Relations between human and other animals are not relations between two kinds of moral beings, since animals are not capable of the kind of consciousness, in particular the reflective self-consciousness moral being requires. Instead the more complex human-animal relations are affectionate, social relations to which humans can and sometimes should relate morally. This is why these moral duties are “direct” only to ourselves; we are the only ones in the relations that can be morally responsible for them. Correspondingly, respect (in Kant’s precise sense of the word) is a distinctly reflective, moral emotion internal to the specific normative orientation we have only to beings that can be truly free (reflectively self-conscious), and so, to human beings; morality and respect single out how we regard ourselves and other human beings capable of freedom. As we will see, Kant has a consistent and not counter-intuitive account of why we have the moral attitudes we do about animals and of how it is that these attitudes have the appearance of being about the animals themselves. In addition, Kant can explain why it doesn’t follow from this that these moral attitudes arise from attributing moral rights to the animals themselves. Central to this interpretation is Kant’s Religion, as it contains an account of human nature that adequately explains why we have the positive attitudes we do towards animals; similarly, the Religion contains an account of human evil that explains why we consider other occasions of attitudes towards animals as genuine examples of moral failure. Hence, the Religion is central to understanding why Kant’s approach to animals is neither internally inconsistent nor counter-intuitive. (shrink)

Recently, mental strength education requires to change in a way that establishes a military value system suitable for a liberal democracy while facing the need to strengthen mental strength in response to unpredictable security situations. The key to fulfilling these twofold objectives lies in the fact that there is a positive correlation between the enhancement of a soldier’s democratic awareness and intangible force. Therefore, it is of great importance to emphasize the concept of ‘citizen in uniform’ as one of the (...) central military values. However, this concept has one problem before its use in military mental strength in which the orders of the military status and the orders of the civic seem heterogeneous and even conflicting. This study aims to dissolve the internal tension of this concept through a new philosophical interpretation of citizens in uniform, freedom, people and state, thereby providing the foundation for establishing for establishing new military values and enhancement of mental force. To this end, it examines the explanation of the current curriculum regarding these concepts first and diagnoses its several problems (II). The current curriculum presents a brief explanation of the compatibility of civil rights and military obligations but does not resolve the conflict between the two. A new understanding of them is possible by introducing Hegelian insights in Philosophy of Rights (III). From Hegel's point of view, freedom is not the mere absence of coercion but a capacity for self-determination. Freedom is difficult to realize wholly at the level of an isolated individual, and it calls for an ethical community to give it a specific form. A state that is the best entity in humanity is the supreme unit that defines individual freedom and identity. Then it naturally derives that national defense is one of the supreme missions directly related to the freedom and identity of its people. A re-description of the contents of the curriculum based on these insights can conceptually resolve the aforementioned problem and even strengthen its arguments (IV). The state and the people are in a more essential correlation than previously depicted, and liberal democratic values such as freedom, human rights and welfare are proved as constitutive of a state itself. The superiority of liberal democracy, which the current textbook attempts to prove, also becomes transparent. Finally, military duties do not conceptually conflict with civil freedom but are considered as a form of it. (shrink)

ABSTRACT The testimonies of celebrities affect the lives of their many followers who pay attention to what they say. This gives celebrities a high degree of epistemic power, which has come under scrutiny during the COVID-19 pandemic. This paper investigates the duties that arise from this power. We argue that celebrities have a negative duty of testimonial justice not to undermine trust in authoritative sources by spreading misinformation or directing attention to untrustworthy sources. Moreover, celebrities have a general imperfect (...) duty to try to correct for an unjust distribution of attention by redirecting it to those who deserve it. During a pandemic this may become a perfect one, due to the harm that could be prevented if people follow the advice of experts. Relatedly, we argue that celebrities have an imperfect duty to promote behavior that will reduce the spread of a pandemic. We outline three ways they might do so: they might take on the position of a role model, they may act as a salience magnet or they can direct people’s attention towards others who have taken on these roles. (shrink)

It is now widely expected that climate change will be serious enough that a very large number of people will be displaced from their homes because of events relating to or resulting from climate change. Such events may include rising sea levels (and resulting increased salination of ground water), stronger hurricanes and tropical storms, drought, floods, increased and more intense wildfires, and other extreme or (previously) unusual weather events. Although estimates vary widely, it seems very likely that many millions of (...) people—perhaps hundreds of millions if sufficient precautions are not taken—will be forced from their homes by these events related to climate change. In the public imagination, much of the attention has been on ‘climate refugees’, where this is taken to mean people who have crossed borders. However, there is good reason to believe that a very large percentage—probably a significant majority—of displacement resulting from climate change will be, or could be, internal. In this chapter I argue that there are likely to be a large number of cases where internal displacement related to climate change is of international concern, and where, therefore, states have significant moral reasons to provide assistance, either directly to those displaced, or else to the state in which the displacement has taken place. My claim is that internal displacement arising from climate change is of international concern and so grounds a duty of aid by states able to provide it, when this displacement threatens the basic human rights of those displaced, and when the local or domestic government cannot or will not take the necessary steps to meet the needs and protect the rights of those who are displaced. (The uploaded version of this paper is an uncorrected proof. Please cite and refer to the published version.). (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

In “Tragedy and Resentment” Ulrika Carlsson claims that there are cases when we are justified in feeling non-moral resentment against someone who harms us without wronging us, when the harm either consists in their attitude towards us or in the emotional suffering triggered by their attitudes. Since they had no duty to protect us from harm, the objectionable attitude is not disrespect but a failure to show love, admiration, or appreciation for us. I explain why unrequited love is the wrong (...) example to use when arguing for the possibility of justified non-moral resentment—and why, therefore, Carlsson’s claim remains unsubstantiated. Pace Carlsson, people who fail to return our love are not best described as harming us, but as merely failing to benefit us by saving us from harm. Moreover, their role in the causal chain that results in our coming to harm is insufficient to warrant our resentment; more plausibly, we ourselves play a greater and more direct causal role in this process. This is a welcome result: Responding with resentment to someone’s failure to return our love indicates that our love has not taken the form of a genuine gift. When we put conditions on successful gifting by allowing for justified resentment if the gift is not returned we are not in fact giving gifts but making a bid for an exchange: I love you so that you love me back. (shrink)

This paper provides an analysis of the phrase ‘acting on behalf of another.’ To do this, acting on behalf is first distinguished from ‘acting for the sake of another,’ the latter being a matter of other-directed motivation, the former of what we call ‘normative other-directedness’—i.e., acting on the claims and duties of the other. Second, we provide a distinction between two kinds of acting on behalf of another: representation as other-directedness plus normative replacement, and normative support as other-directedness (...) without normative replacement. Third, the paper offers conditions of appropriateness for both types of acting on behalf. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This paper is concerned with a recent, clever, and novel argument for the need for genuine collectives in our ontology of agents to accommodate the kinds of normative judgments we make about them. The argument appears in a new paper by David Copp, "On the Agency of Certain Collective Entities: An Argument from 'Normative Autonomy'" (Midwest Studies in Philosophy: Shared Intentions and Collective Responsibility, XXX, 2006, pp. 194-221; henceforth ‘ACE’), and is developed in Copp’s paper for this special journal issue, (...) “The Collective Moral Autonomy Thesis” (henceforth ‘CAT’). The argument goes as follows. -/- (1) We correctly assign blame (or obligations) to collectives in circumstances in which it would be a mistake to assign any (relevantly related) blame (or obligations) to their members. (2) If (1), then collectives are genuine agents over and above their members. (3) Therefore, collectives are genuine agents over and above their members. -/- Following Copp, I call (1) the Collective Moral Autonomy Thesis (CMA). Copp argues for CMA primarily by appeal to cases, but also offers two general arguments for it. In the cases that Copp describes, we are to judge that a collective act is blameworthy, though each member of the group that acts is blameless because he is merely following procedures appropriate for his participation, or because there are excusing factors, or because of overriding personal duties. -/- I argue that the case for CMA has not been made. In particular, I argue that, in each case in which we feel inclined to hold a group responsible for something but not its members, it is because -/- 1. we have accepted a false dilemma, that when no one agent is fully responsible for the action of a group of which he is a member, the only entity that could be responsible is the group as such, or 2. we have directed our attention to the wrong individual or individuals, or 3. we have become confused about the commitments of the individuals, or 4. we have mistaken ameliorating for excusing factors, or 5. we have mistaken moral blameworthiness and all-in rational blameworthiness, or 6. a combination of these things. (shrink)

The book contains the first part of an investigation aimed at finding out why it is morally wrong to cause species to go extinct. That it is morally wrong seems to be a very basic and widely held intuition. It seems reasonable that a moral theory worth taking seriously ought to be able to account for that intuition. The most common attempt to answer our question is to refer to the instrumental value of the species for human beings – the (...) anthropocentric instrumental approach as I have chosen to call it. This is the answer that is discussed in this book. We have found many ways in which different species have instrumental value for human beings – both individually and as a part of ecosystems and of biodiversity in general. We could not guarantee however that this includes all species. In some cases, it also turned out that the instrumental value of the species in fact favours exploitation maybe even as far to the extinction of the species. We also noticed that there is no guarantee that the instrumental value of the species can always outweigh the competing values that we would gain by different encroachments that contribute to the extinction of the species. We found however that there are some special circumstances that help push the scale in the direction of preservation. I am thinking of some particular types of value such as choice value and transformation value – values that in general seem to favour preservation of species. This principle shows us that it would be rational from an anthropocentric instrumental vantage point to rule in favour of preservation in many of the cases where we are uncertain about the value of the species, about the best way of utilising the value, or about the connection between the species and other species or biodiversity in general. I am finally thinking of the moral principle that we have duties to consider the future interests of generations to come. We found that with a few exceptions it is justified to adopt such a principle. This in combination with the principles of precaution ought in general to urge us not to cause the extinction of species unless we have very trustworthy evidence that they will not turn out to be more valuable alive to future generations in comparison to what we can get from driving them to extinction. In relation to the discussion about the value of other species for human beings, it is worth noticing that all the arguments we have found in favour of preservation would be even stronger – and therefore account even better for the intuition that it is at least prima facie wrong to cause extinction – if we also accepted that other entities than human beings can have moral standing. Finally, we noticed that our moral intuitions strongly indicate that even in the cases where the instrumental value of other species for human beings talks in favour of preservation, there is still something lacking. Something we have to account for in order to totally account for our moral intuition against extinction. The conclusion will have to be that anthropocentric instrumentalism is in favour of preservation in many cases – probably in more cases than is generally acknowledged – but that it is not enough to give a complete account of the intuition that it is prima facie morally wrong to contribute to the extinction of species. We therefore have to continue our search for such an account. (shrink)

Herjeet Kaur Marway recently proposed the Principle of Procreative Justice, which says that reproducers have a strong moral obligation to avoid completing race and colour injustices through their selection choices. In this article, we analyze this principle and argue, appealing to a series of counterexamples, that some of the implications of Marway's Principle of Procreative Justice are difficult to accept. This casts doubt on whether the principle should be adopted. Also, we show that there are some more principled worries regarding (...) Marway's idea of a strong pro tanto duty not to complete injustices through one's procreative choices. Nonetheless, we believe Marway's arguments point in the right general direction regarding duties and structural injustice. Thus, in the final part, we suggest a positive proposal on how it would be possible to respond to the cases we raise. More specifically, we explore the suggestion that agents have a pro tanto duty to participate in eliminating structural injustice. Importantly, this duty can be satisfied, not only in procreation choices but in multiple ways. (shrink)