Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed to (...) conflicting assessments and interpretations. In this major re-reading of Kant, Owen Ware defends the controversial view that Kant’s mature writings on ethics share a unified commitment to the moral law’s primacy. Using both close analysis and historical contextualization, Owen Ware overturns a paradigmatic way of reading Kant’s arguments for morality and freedom, situating them within Kant’s critical methodology at large. The result is a novel understanding of Kant that challenges much of what goes under the banner of Kantian arguments for moral normativity today. (shrink)

One can often hear that intuitions are standardly “appealed to”, “relied on”, “accounted for”, or “used as evidence” in ethics. How should we interpret these claims? I argue that the typical understanding is what Bernard Molyneux calls “descriptive evidentialism”: the idea that intuition-states are treated as evidence of their propositional contents in the context of justification. I then argue that descriptive evidentialism is false- on any account of what intuitions are. That said, I admit that ethicists frequently rely (...) on intuitions to clarify, persuade, discover, or to support things other than the intuitions’ contents. The contents of intuitions are also commonly used as starting premises of philosophical arguments. However claims about these practices need to be sharply distinguished from the prevalent dogma. (shrink)

The case (Dawson et al. 2024) describes an Institutional Review Board (IRB) chair who seeks consultation about waiving the requirement that investigators obtain prospective, informed consent for collection of microbiome samples by swabbing the perianal region of severely burned patients shortly after their admission to an intensive care unit (ICU). We argue that it is ethically permissible to waive informed consent requirements for the perianal swab and that the IRB should approve a waiver as permitted by regulations.

Does ethics have adequate general theories? Our analysis shows that this question does not have a straightforward answer since the key terms are ambiguous. So we should not concentrate on the answer but on the question itself. “Ethics” stands for many things, but we let that pass. “Adequate” may refer to varied arrays of methodological principles which are seldom fully articulated in ethics. “General” is a notion with at least three meanings. Different kinds of generality may be (...) at cross-purposes, so we must not expect theories to be general in sundry senses. “Theory,” for that matter, is itself ambiguous. Some thinkers say that ethics cannot have theories, while others deny it. We doubt whether opposing parties are talking about the same things.No wonder, then, that controversies in ethics are long-lasting and unproductive. We hope that the methodology we have presented will alleviate some of them. The examples we chose show that this is feasible. Views such as Hare's and Jonsen and Toulmin's which are seemingly wide apart, show convergence if we put them in a methodological perspective.Our analysis also suggests that many alleged differences between science and ethics could fade away if methodology is brought to bear on them. Specifically, the idea that ethics compares poorly with science in view of limited generality, or poor means of justification, is unfounded. Those who defend this view over-rate the powers of science. (shrink)

Discussion piece on a book of the same name: Quine on Ethics: The Gavagai of Moral Discourse. Published online as part of the “Book in Focus” program of Cambridge Scholars Publishing (Newcastle upon Tyne, 2021).

In his influential book, The Nature of Morality, Gilbert Harman writes: “In explaining the observations that support a physical theory, scientists typically appeal to mathematical principles. On the other hand, one never seems to need to appeal in this way to moral principles.” What is the epistemological relevance of this contrast, if genuine? This chapter argues that ethicists and philosophers of mathematics have misunderstood it. They have confused what the chapter calls the justificatory challenge for realism about an area, D—the (...) challenge to justify our D-beliefs—with the reliability challenge for D-realism—the challenge to explain the reliability of our D-beliefs. Harman’s contrast is relevant to the first, but not, evidently, to the second. One upshot of the discussion is that genealogical debunking arguments are fallacious. Another is that indispensability considerations cannot answer the Benacerraf–Field challenge for mathematical realism. (shrink)

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

This article is a defense of John Rawls against recent criticism, ironically my own, though it is also a critique insofar as it addresses a problem that Rawls never does. The original charges were that Rawls’s decision procedure for ethics does not justify his own moral principles, especially those making up his liberal conception of justice, and that the underlying problem may well keep the decision procedure from justifying any moral principles whatsoever, or at least any normatively useful ones. (...) These difficulties are manifested in the work of Rawls as the dogmatism of championing a distinctive conception of justice, a liberal one as he himself calls it, through a justification model that comes across as too objective to permit such a bias and too universal to support any substantive conclusions at all. The solution contemplated here is to position the decision procedure as a justification model responsive to moral progress, and thereby equally open to all moral input, thus removing the inconsistency between the inherent universalism of the design and the distinctive character of the outcome, including the moral principles Rawls himself recommends, so long as they are consistent with moral progress. (shrink)

Drawing on unpublished and published sources from 1926-1932, this chapter builds on John Dewey’s naturalistic pragmatic pluralism in ethical theory. A primary focus is “Three Independent Factors in Morals,” which analyzes good, duty, and virtue as distinct categories that in many cases express different experiential origins. The chapter suggests that a vital role for contemporary theorizing is to lay bare and analyze the sorts of conflicts that constantly underlie moral and political action. Instead of reinforcing moral fundamentalism via an outdated (...) quest for the central and basic source of normative justification, we should foster theories with a range of idioms and emphases which, while accommodating monistic insights, better inform decision-making by opening communication across diverse elements of moral and political life, placing these elements in a wider context in which norms gain practical traction in non-ideal conditions, and expanding prospects for social inquiry and convergence on policy and action. (shrink)

In this paper, I attempt to synthesize the two most influential contemporary ethical approaches that appeal to moral intuitions, viz., Rawlsian reflective equilibrium and Audi’s moderate intuitionism. This paper has two parts. First, building upon the work of Audi and Gaut, I provide a more detailed and nuanced account of how these two approaches are compatible. Second, I show how this novel synthesis can both (1) fully address the main objections to reflective equilibrium, viz., that it provides neither necessary nor (...) sufficient conditions for the justification of our moral beliefs and (2) help ethical intuitionism to deal with the fundamental problem of peer disagreement over our basic moral intuitions. In doing so, I sketch out a novel and attractive diachronic way of thinking about peer disagreement more generally. (shrink)

Quine on Ethics: The Gavagai of Moral Discourse is a comprehensive treatment of Quine’s brief yet memorable foray into ethics. It defends him against his most formidable critics, corrects misconceptions in the present reception of his outlook on morality as a social institution and ethics as a philosophical enterprise, and restores emphasis on observationality as the impetus behind his momentous intervention in ethical theory. The central focus is on Quine’s infamous challenge to ethical theory: his thesis of (...) the methodological infirmity of ethics as compared with science. The ultimate aim is to demonstrate that the challenge is not only valid but also valuable insofar as it identifies opportunities for reformation in moral justification. (shrink)

The use of placebo controls in clinical trials remains controversial. Ethical analysis and international ethical guidance permit the use of placebo controls in randomized trials when scientifically indicated in four cases: (1) when there is no proven effective treatment for the condition under study; (2) when withholding treatment poses negligible risks to participants; (3) when there are compelling methodological reasons for using placebo, and withholding treatment does not pose a risk of serious harm to participants; and, more controversially, (4) when (...) there are compelling methodological reasons for using placebo, and the research is intended to develop interventions that can be implemented in the population from which trial participants are drawn, and the trial does not require participants to forgo treatment they would otherwise receive. The concept of methodological reasons is essential to assessing the ethics of placebo controls in these controversial last two cases. This article sets out key considerations relevant to considering whether methodological reasons for a placebo control are compelling. (shrink)

The COVID-19 global pandemic has shone a light on several important ethical questions, ranging from fairness in resource allocation to the ethical justification of government mandates. In addition to these institutional issues, there are also several ethical questions that arise at the interpersonal level. This essay focuses on several of these issues. In particular, I argue that, despite the insistence in public health messaging that avoiding infecting others constitutes ‘saving lives’, virus transmission that results in death constitutes an act (...) of killing. Whether this killing is wrongful depends on several factors. I consider one intuitively plausible view—namely, that in many cases, killing via unintentional transmission is not wrongful, because the parties in question have implicitly waived their rights against this harm, often via reciprocal risk imposition. I argue that this view is mistaken, but that its central insight can be better captured by identifying the appropriate standards of blame that we ought to apply during a pandemic. I conclude by showing how these conclusions can be fruitfully applied to certain institutional questions, such as helping to justify restricting government mandates. (shrink)

The paper examines the justification of warfare. The main thesis is that war is very difficult to justify, and justification by invoking “justice” is not the way to succeed it. Justification and justness are very different venues: while the first attempts to explain the nature of war and offer possible schemes of resolution, the second aims to endorse a specific type of warfare as correct and hence allowed – which is the crucial part of “just war theory.” (...) However, “just war theory,” somewhat Manichean in its nature, has very deep flaws. Its final result is criminalization of war, which reduces warfare to police action, and finally implies a very strange proviso that one side has a right to win. All that endangers the distinction between ius ad bellum and ius in bello, and destroys the collective character of warfare. Justification of war is actually quite different – it starts from the definition of war as a kind of conflict which cannot be solved peacefully, but for which there is mutual understanding that it cannot remain unresolved. The aim of war is not justice, but peace, i.e. either a new articulation of peace, or a restoration of the status quo ante. Additionally, unlike police actions, the result of war cannot be known or assumed in advance, giving war its main feature: the lack of control over the future. Control over the future, predictability, is a feature of peace. This might imply that war is a consequence of failed peace, or inability to maintain peace. The explanation of this inability forms the justification of war. Justice is always an important part of it, but justification cannot be reduced to it. The logic contained here refers to ius ad bellum, while ius in bello is relative to various parameters of sensitivity prevalent in a particular time, with the purpose to make warfare more humane and less expensive. (shrink)

Many healthcare practices expose people to risks of harmful outcomes. However, the major theories of moral philosophy struggle to assess whether, when and why it is ethically justifiable to expose individuals to risks, as opposed to actually harming them. Sven Ove Hansson has proposed an approach to the ethical assessment of risk imposition that encourages attention to factors including questions of justice in the distribution of advantage and risk, people’s acceptance or otherwise of risks, and the scope individuals have to (...) influence the practices that generate risk. This paper investigates the ethical justifiability of preventive healthcare practices that expose people to risks including overdiagnosis. We applied Hansson’s framework to three such practices: an ‘ideal’ breast screening service, a commercial personal genome testing service, and a guideline that lowers the diagnostic threshold for hypertension. The framework was challenging to apply, not least because healthcare has unclear boundaries and involves highly complex practices. Nonetheless, the framework encouraged attention to issues that would be widely recognised as morally pertinent. Our assessment supports the view that at least some preventive healthcare practices that impose risks including that of overdiagnosis are not ethically justifiable. Further work is however needed to develop and/or test refined assessment criteria and guidance for applying them. (shrink)

This article is a critique of the ethical justification model that John Rawls employs in his defense of a liberal conception of justice. Rawls is famous for two things: his attempt to ground morality in rationality and his conception of justice as fairness. His work has been resounding on both fronts, the first constituting the justificatory framework for the second. Yet from the beginning, the outcome has been more doctrinaire than the method should have allowed with design details promising (...) objectivity. This article goes to that beginning, or to a reasonable proxy for it anyway, in the “Outline of a Decision Procedure for Ethics” (1951), with the aim of exposing and examining the discrepancy where it originates. The goal is not to prey on the earliest version of an initiative later undergoing revision but to identify and investigate the inception of a systematic bias that is retained rather than revised in subsequent iterations. The conclusion is that the decision procedure comes across as too objective to favor a liberal conception of justice over competing alternatives and too universal to identify, produce, or support specific moral principles informing a normative ethical system. (shrink)

Most ethicists agree that at least some nonhumans have interests that are of direct moral importance. Yet with very few exceptions, both climate ethics and climate policy have operated as though only human interests should be considered in formulating and evaluating climate policy. In this paper I argue that the anthropocentrism of current climate ethics and policy cannot be justified. I first describe the ethical claims upon which my analysis rests, arguing that they are no longer controversial within (...) contemporary ethics. Next, I review work in climate ethics and policy, demonstrating the absence of consideration of nonhuman interests in both domains. Finally, I consider five possible justifications for omitting nonhuman interests in the evaluation climate policy options, arguing that none of these arguments succeeds. (shrink)

Scholars studying classic political texts face an important decision: Should these texts be read as artifacts of history or as sources for still-valid insights about politics today? Competing historical and “presentist” approaches to political thought do not have a methodological dispute—that is, a disagreement about the most effective scholarly means to an agreed-upon end. They instead have an ethical dispute about the respective value of competing activities that aim at different purposes. This article examines six ethical arguments, drawn primarily from (...) the work of Quentin Skinner, in favor of the historical approach. It concludes that while both intellectual history and presentist theory are ethically justifiable, the best justification of the former enterprise is that it can help us achieve the purposes of the latter. (shrink)

In Nicholas Smyth’s recent article, “When Does Self-Interest Distort Moral Belief,” he argues that self-interest undermines justification for moral belief if it justifies itself. In so doing, he opposes the standard account, which says that, to the extent that a person’s moral belief is explained by her egoistic or parochial interests, that belief is less justified. However, Smyth’s attack on the standard account, and the principle that he proposes to replace it with, do not withstand critical scrutiny, and that (...) is what this article is intended to show. To that end, the article is divided into three sections. In the first, I explain the standard account and provide some background. In the second, I critically examine Smyth’s three arguments against the standard account. In the third, I explain and attack Smyth’s own principle. I conclude that Smyth’s principle should not be accepted, and the standard account should not be rejected, at least on the basis of Smyth’s arguments: self-interest undermines justification in general, as per the standard account, not only when it justifies itself. (shrink)

The purpose of this paper is the analysis of both legal and ethical ways of justifying targeted killings. I compare two legal models: the law enforcement model vs the rules of armed conflicts; and two ethical ones: retribution vs the right of self-defence. I argue that, if the targeted killing is to be either legally or ethically justified, it would be so due to fulfilling of some criteria common for all acceptable forms of killing, and not because terrorist activity is (...) somehow distinguished and gives special privileges to a state that fights it. The practical implication of my analysis is that one of the most spectacular targeted killings, which was the targeting and killing of Osama bin Laden in May 2011, was not justified, because it was only supposed to be a retribution for the September 11th terrorist attacks. (shrink)

In this essay I suggest that Heidegger’s Being and Time provides a ground for ethics in the notion of Dasein’s ‘Being-guilty.’ Being-guilty is not a ground for ethics in the sense of a demonstration of the moral ‘ought’ or a refutation of moral skepticism. Rather, Being-guilty serves as a foundation for ethical life in a way uniquely suited to a phenomenological form of ethics, a way that clarifies, from a phenomenological point of view, why the traditional approach (...) to ethics is misguided. The traditional attempt to ground ethics through demonstration or refutation depends upon a misunderstanding of obligation as an imposition that is distinct from, and inflicted upon, the subject in a way that is in need of justification. Heidegger’s conception of Being-guilty, on the contrary, identifies the basis of moral obligation in a form of primary selfobligation that is constitutive of human nature, rather than an imposition upon it. Although primordial guilt or self-obligation does not justify ethical obligation, it does ‘ground’ ethics. For it is the primary source and support of our ethical activity in two distinct senses. First, it serves as the condition for the possibility of our indebtedness to others—it enables us to be morally obligated. It enables moral obligation towards others by determining Dasein as ontologically indebted to care for its own being—a being which is, in turn, ontologically determined as care for others. Second, Being-guilty provides a criterion for distinguishing what we call ethical and unethical behavior. Ethical behavior is distinguished according to the appropriateness of one’s care for the other according to proper recognition of the nature of the Other’s Being as Dasein. (shrink)

In transplant medicine, the use of normothermic regional perfusion (NRP) in donation after circulatory determination of death raises ethical difficulties. NRP is objectionable because it restores the donor's circulation, thus invalidating a death declaration based on the permanent cessation of circulation. NRP's defenders respond with arguments that are tortuous and factually inaccurate and depend on introducing extraneous concepts into the law. However, results comparable to NRP's—more and higher‐quality organs and more efficient allocation—can be achieved by removing organs from deceased donors (...) and using normothermic machine perfusion (NMP) to support the organs outside the body, without jeopardizing confidence in transplantation's legal and ethical foundations. Given the controversy that NRP generates and the convoluted justifications made for it, we recommend a prudential approach we call “ethical parsimony,” which holds that, in the choice between competing means of achieving a result, the ethically simpler one is to be preferred. This approach makes clear that policy‐makers should favor NMP over NRP. (shrink)

Many of us care about the existence of ethical facts because they appear crucial to making sense of our practical lives. On one tempting line of thought, this idea can also play a central role in justifying our belief in those facts. David Enoch has developed this thought into a formidable new proposal in moral epistemology: that the deliberative indispensability of ethical facts gives us epistemic justification for believing in such facts. This chapter argues that Enoch’s proposal fails because (...) it conflicts with a central fact about epistemic justification: that the norms of epistemic justification have the content that they do in part because of some positive connection between those norms and the truth of the beliefs that these norms govern. Alternatives to Enoch’s attempt to defend the idea that deliberative indispensability confers epistemic justification fail for parallel reasons. The chapter concludes that deliberative indispensability does not provide epistemic justification. (shrink)

Placebo-trials on HIV-infected pregnant women in developing countries like Thailand and Uganda have provoked recent controversy. Such experiments aim to find a treatment that will cut the rate of vertical transmission more efficiently than existing treatments like zidovudine. This scenario is first stated as generally as possible, before three ethical principles found in the Belmont Report, itself a sharpening of the Helsinki Declaration, are stated. These three principles are the Principle of Utility, the Principle of Autonomy and the Principle of (...) Justice. These are taken as voices of moral imperative. But although each has intuitive appeal, it can be shown that there are possible scenarios in which they give conflicting prescriptions. To achieve consistency, one must be subordinate to the others. The voice of utility is taken as subordinate to those of justice and autonomy and it is shown that given plausible assumptions about the level of poverty and education in the developing country targeted, the experiment is ruled morally wrong in the name of both justice and autonomy. Moreover, it is argued that no justification can be found for the inclusion of a placebo group, when strictly defined. By contrast, a ‘no- treatment’ control arm might be justified, but only when the demands of autonomy are satisfied, demands that are more stringent than they might appear. A utilitarian defence of the experiment is examined, namely that the would-be participants are in a no-loss situation, and it is shown that this defence is seriously flawed. Finally, it is concluded that there is no justification for amending the Declaration of Helsinki. (shrink)

A dogma accepted in many ethical, religious, and legal frameworks is that the reasons behind conscientious objection (CO) in healthcare cannot be evaluated or judged by any institution because conscience is individual and autonomous. This paper shows that this background view is mistaken: the requirement to reveal and explain the reasons for conscientious objection in healthcare is ethically justified and legally desirable. Referring to real healthcare cases and legal regulations, this paper argues that these reasons should be evaluated either ex (...) ante or ex post and defends novel conceptual claims that have not been analyzed in the debates on CO. First, a moral threshold requirement: CO is only justified if the reasons behind a refusal are of a moral nature and meet a certain threshold of moral importance. Second, this paper considers the rarely discussed conceptual similarities between CO in healthcare and the legal regulations concerning military refusals that place the burden of proof on conscientious objectors. This paper concludes that conscientious objection in healthcare can be accommodated only in some cases of destroying or killing human organisms. (shrink)

Two general ethical problems in psychiatry are thrown into sharp relief by long term care. This article discusses each in turn, in the context of two anonymised case studies from actual clinical practice. First, previous mental health legislation soothed doubts about patients' refusal of consent by incorporating time limits on involuntary treatment. When these are absent, as in the provisions for long term care which have recently come into force, the justification for compulsory treatment and supervision becomes more obviously (...) problematic. Second, Anglo-American law does not normally allow the preventive detention of someone who may be dangerous but has not actually committed any crime. The justification for detaining a possibly dangerous user of mental health services without his or her consent can only be based on risk assessment, but this raises issues of moral luck. Is the psychiatrist who decides not to take out a supervision order for a possibly dangerous patient with an initial psychotic diagnosis morally at fault if that person harms someone in the community, or himself? Or is the psychiatrist merely unlucky? (shrink)

Ethics committees like Institutional Review Boards and Research Ethics Committees are typically empowered to approve or reject proposed studies, typically conditional on certain conditions or revisions being met. While some have argued this power should be primarily a function of applying clear, codified requirements, most institutions and legal regimes allow discretion for IRBs to ethically evaluate studies, such as to ensure a favourable risk-benefit ratio, fair subject selection, adequate informed consent, and so forth. As a result, ethics (...) committees typically make moral demands on researchers: require them to act in a way the committee considers ethically right or appropriate. This paper argues that moral demands are legitimate only if publicly justifiable; and as a result, committee decisions are subject to a public justification requirement. Ethics committees can permissibly request for more information, changes to the research protocol or that the research is delayed or even stopped only if these demands are publicly justifiable. This latter claim is in turn justified on the basis that moral demands to φ are permissible only if we are in a position to know that the addressee ought to φ and that we are in a position to know a proposition only if it is publicly justifiable. This argument suggests that ethics committees must consciously and explicitly appeal to public reasons in their decision-making. In cases where public reasons cannot be offered, committees would not be permitted to reject a given study or make approval conditional on an amendment. (shrink)

After the 2008 crisis, there were several debates on the bail-out and the lack of accountability of financial institutions; this supposedly affects politica l values such as equality and responsibility: it implies transferring resources from the public (for instance, poor people) to specific economic agents who have chosen to incur certain risks. On the other hand, it is arguable that it would not be up to the regulators to protect investors’ interests, and that there would be more efficient and less (...) burdensome instruments associated with prudential regulation. Our goal is to provide a justification for the bail-out and for holding bankers accountable. In section 2, we present a brief description of the problem in the context of the crisis, followed by a justification for the bail-out through the incentives argument, based on Rawls’s difference principle. In section 3, we provide an ethical discussion over the corresponding moral hazards, and investigate how to mitigate it through coercive measures. (shrink)

Organ transplantation centers set criteria for candidate qualification, which has led to disparate healthcare resource allocation practices affecting those with a substance use history. These individuals are denied organ transplants by committees and healthcare providers who assign them lower priority status. The lower priority argument claims that healthcare resources should not be provided equally to individuals who fail to share responsibility for not doing enough to address the diseases associated with substance use. The purpose of this paper is to explore (...) the interrelatedness between the ethics of a merit-based system of moral responsibility and the lower priority setting involved in healthcare resource allocation pertaining to those with substance use histories. An interdisciplinaryapproach to the argument against the lower prioritists is taken with a focus on the relationship between different organ allocation practices affecting substance users and the justification for resource allocation practices of healthcare and transplant committees. Lower priority setting is challenged, and an argument is offered in which substance users are assigned higher priority when relying on "doing enough" in a merit-based system of moral responsibility. It is determined that one cannot substantiate assigning a lower priority status since a lack of success in rehab does not imply a lack of effort. Additionally, neither to confirmatory behavior nor to non-conforming behavior may freedom be justifiably ascribed in a merit-based system of responsibility because freedom to choose can neither be established a priori nor a posteriori concerning meritorious behavior. (shrink)

Social inequality may obstruct the generation of knowledge, as the rich and powerful may bring about social acceptance of skewed views that suit their interests. Epistemic equality in the context of justification is a means of preventing such obstruction. Drawing on social epistemology and theories of equality and distributive justice, we provide an account of epistemic equality. We regard participation in, and influence over a knowledge-generating discourse in an epistemic community as a limited good that needs to be justly (...) distributed among putative members of the community. We argue that rather than trying to operationally formulate an exact criterion for distributing this good, epistemic equality may be realized by insisting on active participation of members of three groups in addition to credited experts: relevant disempowered groups, relevant uncredited experts, and relevant stakeholders. Meeting these conditions fulfills the political, moral, and epistemic aims of epistemic equality. (shrink)

How are justified belief and rational belief related? Some philosophers think that justified belief and rational belief come to the same thing. Others take it that justification is a matter of how well a particular belief is supported by the evidence, while rational belief is a matter of how well a belief coheres with a person’s other beliefs. In this paper, I defend the view that justification is a dimension of rationality, a view that can make sense of (...) both of these conflicting accounts. When it modifies belief, ‘rational’ is a multidimensional adjective, as there are multiple dimensions along which a belief can be rational. I will argue that one of these dimensions is justification, an account that can not only explain why philosophers give diverging theories of the relationship between justified belief and rational belief, but can also reveal why rational belief and justified belief are closely related despite being distinct. (shrink)

This chapter explores two central questions in the conceptual ethics of normative inquiry. The first is whether to orient one’s normative inquiry around folk normative concepts (like KNOWLEDGE or IMMORAL) or around theoretical normative concepts (like ADEQUATE EPISTEMIC JUSTIFICATION or PRO TANTO PRACTICAL REASON). The second is whether to orient one’s normative inquiry around concepts whose normative authority is especially accessible to us (such as OUGHT ALL THINGS CONSIDERED), or around concepts whose extension is especially accessible to us (...) (such as BETRAYAL). The chapter aims to make vivid and plausible a range of possible answers to these questions, and important forms of argument that can be used to favor certain answers over others. (shrink)

Confucius and Aristotle both put a primacy on the task of ethical self-cultivation. Unlike Aristotle, who emphasizes the instrumental value of legal punishment for cultivation’s sake, Confucius raises worries about the practice of punishment. Punishment, and the threat of punishment, Confucius suggests, actually threatens to warp human motivation and impede our ethical development. In this paper, I examine Confucius’ worries about legal punishment, and consider how a dialogue on punishment between Confucius and Aristotle might proceed. I explore how far apart (...) these thinkers actually stand, and examine the possibilities for a rapprochement between them. Doing so brings to light the self-cultivation perspective’s range of resources for thinking about punishment’s justification. (shrink)

One question pursued in Buddhist studies concerns the classification of Buddhist ethics. Damien Keown has argued that Aristotelian virtue ethics provides a useful framework for understanding Buddhist ethics, but recently other scholars have argued that character consequentialism is more suitable for this task. Although there are similarities between the two accounts, there are also important differences. In this paper, I follow Keown in defending the aretaic interpretative model, although I do not press the analogy with Aristotelian (...) class='Hi'>ethics. Rather, I argue that Buddhist ethics corresponds to a more generic, act-centered virtue ethics. Buddhist moral reasoning is often strikingly consequentialist, but I argue that this does not support the consequentialist interpretation. Analyzing the concept of right action must be distinguished from providing a justification for living a moral life and from formulating a procedure for making moral decisions. (shrink)

People often think that their special relationships with family, friends, comrades and compatriots, can ground moral reasons. Among these reasons, they understand some to be duties – pro tanto requirements that have genuine weight when they conflict with other considerations. In this paper I ask: what is the underlying moral structure of associative duties? I first consider and reject the orthodox Teleological Welfarist account, which first observes that special relationships are fundamental for human well-being, then claims that we cannot have (...) these relationships, if we do not recognise associative duties, before concluding that we should therefore recognise associative duties. I then introduce a nonteleological alternative, grounded in the Appropriate Response approach to ethical theory. (shrink)

This paper investigates the differences between ancient Greek and modern ethical naturalism, through the account of the whole classical tradition provided by Cicero in De finibus bonorum et malorum. Ever since Hume’s remarks on the topic, it is usually held that derivations of normative claims from factual claims require some kind of proper justification. It ́s a the presence of such justifications in the Epicurean, Stoic, and Academic-Peripatetic ethical theories (as portrayed in De finibus), and, after a negative conclusion, (...) I argue that we should conceive of this issue within a social-historical perspective: The radical difference between ancient and modern naturalistic ethics is due (in Weber’s terms) to the rationalization processes that generated the modern outlook on nature. (shrink)

Principles of fairness and solidarity in AI ethics regularly overlap, creating obscurity in practice: acting in accordance with one can appear indistinguishable from deciding according to the rules of the other. However, there exist irregular cases where the two concepts split, and so reveal their disparate meanings and uses. This paper explores two cases in AI medical ethics – one that is irregular and the other more conventional – to fully distinguish fairness and solidarity. Then the distinction is (...) applied to the frequently cited COMPAS versus ProPublica dispute in judicial ethics. The application provides a broader model for settling contemporary and topical debates about fairness and solidarity. It also implies a deeper and disorienting truth about AI ethics principles and their justification. (shrink)

Spinoza scholars have claimed that we are faced with a dilemma: either Spinoza's definitions in his Ethics are real, in spite of indications to the contrary, or the definitions are nominal and the propositions derived from them are false. I argue that Spinoza did not recognize the distinction between real and nominal definitions. Rather, Spinoza classified definitions according to whether they require a priori or a posteriori justification, which is a classification distinct from either the real/nominal or the (...) intensional/extensional classification. I argue that Spinoza uses both a priori and a posteriori definitions in the Ethics and that recognizing both types of definitions allows us to understand Spinoza's geometric method in a new way. We can now understand the geometric method as two methods, one resulting in propositions that Spinoza considers to be absolutely certain and another resulting in propositions that Spinoza does not consider certain. The latter method makes use of a posteriori definitions and postulates, whereas the former method uses only a priori definitions and axioms. (shrink)

In this chapter I will concentrate on compromise in ethical conflict and disagreement. I will discuss compromises related to disagreement with respect to public decisions between options that represent conflicting incommensurable human values. The central question will be whether in those cases a principled compromise is possible. A ‘principled compromise’ can be defined as a rational way to achieve a trade-off or balance between conflicting values, for instance, by rational assignment of relative weights. I will argue that in some cases (...) incommensurability will prevent a principled compromise in the defined sense. I will show why phrases used by some philosophers, such as ‘making a rational trade-off’, ‘striking the right balance’, ‘finding the Aristotelian Mean’ or ‘splitting the difference’, are based on misunderstandings about the characteristics of incommensurable values that are usually at stake in the pursuit of a compromise. I will show that incommensurable values lack an equivalence relation and how this prevents a determinate trade-off or balance between them. This is especially important with respect to the pursuit of compromises in ethical conflicts, including conflicts of justice, where we need a rational and ethical justification for the final decision. I will argue that the model of deliberative democracy presents a promising procedure for making the final decision legitimate but that, in the relevant cases, it cannot avoid an ethical deficit. (shrink)

A basic conviction in moral non-cognitivism is: only hypothetical norms may be justified. Hartmut Kliemt argues for a moderate variant: there are only hypothetical justifications of norms whether the norms are hypothetical or categorical in kind. In this paper the con- cept of ‘hypothetical justification’ is analyzed. It is argued that hypothetical justifications are not of the kind that we should look for in normative ethics.

If an ethical theory sometimes requires that agents be motivated by features other than those it advances as justifications for the rightness or wrongness of actions, some consider this type of self-effacement to be a defeater from which no theory can recover. Most famously, Michael Stocker argues that requiring a divided moral psychology in which reasons are partitioned from motives would trigger a “malady of the spirit” for any agent attempting to live according to the prescriptions of modern ethical theories. (...) Stocker’s argument is tremendously influential, and the fact that he specifically links modern ethical theories to self-effacement leads advocates of virtue ethics to presume that their view is immune to the problem of self-effacement and that this immunity gives virtue ethics an advantage over its contemporary rivals. This immunity has been challenged by Thomas Hurka and Simon Keller, who maintain that virtue ethics is equally as vulnerable to the charge of self-effacement as its modern counterparts. I argue in this paper that recent attempts to reply to Hurka and Keller are not successful. Specifically, I argue that recent attempts to immunize virtue ethics from self-effacement do not adequately address the challenge from Keller that virtue ethics can only escape from self-effacement via measures that are also available to modern theories. Thus, even if virtue ethics can avoid self-effacement, one must give up the claim that virtue ethics is uniquely immune to self-effacement compared to its modern rivals. I close by noting that my aim is not to argue that virtue ethics is deficient in this respect. Instead, I suggest that advocates of virtue ethics ought to consider the possibility that self-effacement is a tolerable psychological challenge for any ethical theory that requires agents to reflect on the substantive normative guidance it provides. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper (...) provides an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

Uniformity in human actions and attitudes incumbent with the ceteris paribus clause of folk psychology lucidly transits moral thoughts into the domain of subject versus object-centric explorations. In Zettel, Wittgenstein argues, “Concepts with fixed limits would demand uniformity of behaviour, but where I am certain, someone else is uncertain. And that is the fact of nature.” (Wittgenstein 2007, 68). Reflecting on the moral principle of “ethical giving” revives a novel stance in modern moral philosophy. An “ethical giving” is a moral (...) position that looks at giving from the context of harmonizing the changing demands of situations with normative ethical principles. Despite giving more prominence to the query of intuition, the chapter brings up the justification of normative moral principles pertaining to their applications and purports. Human activities aimed at decision-making goals conducted by the moral compass are nothing but the sanction of certain ethical norms and rules. In this context, two principles, the normative aspect and the perspective aspect need to be expounded in parallel. The perspective-based principle seeks practical guides to action, whereas the normative aspect principle looks for the concrete moral justification behind it. Normatively based moral decisions hinge on the probabilities and interests of agents that can sometimes lead towards a better choice. Thomas Nagel’s thought sounds more appealing, since his idea of practical conflict bends towards “...conflict between values which are incomparable for reasons apart from uncertainty about the facts.” (Nagel 2013, 128). Positions on moral personality and equality of justice collide with the conception of verities of the agents’ reason that cogitate a minimal aspect on the morally significant properties (range properties), which can hardly be possessed by all human beings equally. This argument sounds reasonable in light of Singer’s thought of “the principle of equal consideration of interests.” (Singer 2003, 21–22) The concern of this section is deliberative about how an agent could balance the demand of moral situations and the spirit of the moral principle devoid of being close to the relative truth. The conception of the moral decision remains capricious in line with the agent’s mood, time, and situation. The germane queries are: (a) How could one get the simpliciter of moral balance in “ethical giving” or offering help to the poor, orphans, and so on, who need helps from the agents and society? (b) Can we find any universalized principle in defense of ethical giving? (shrink)

A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. However, in some circumstances it is tempting to say that the moral reason to obtain informed consent prior to administering a medical intervention is outweighed. For example, if an individual’s refusal to undergo a medical intervention would lead to the transmission of a dangerous infectious disease to other members (...) of the community, one might claim that it would be morally permissible to administer the intervention even in the absence of consent. Indeed, as we shall discuss below, there are a number of examples of public health authorities implementing compulsory or coercive measures for the purposes of infectious disease control (IDC). The plausibility of the thought that non-consensual medical interventions might be justified when performed for the purpose of IDC raises the question of whether such interventions might permissibly be used to realize other public goods. In this article we focus on one possibility: whether it could be permissible to non-consensually impose certain interventions that alter brain states or processes through chemical or physical means on serious criminal offenders. We shall suggest that some such interventions might be permissible if they safely and effectively serve to facilitate the offender’s rehabilitation and thereby prevent criminal recidivism. (shrink)

In order to fight massive vandalism the English- language Wikipedia has developed a system of surveillance which is carried out by humans and bots, supported by various tools. Central to the selection of edits for inspection is the process of using filters or profiles. Can this profiling be justified? On the basis of a careful reading of Frederick Schauer’s books about rules in general (1991) and profiling in particular (2003) I arrive at several conclusions. The effectiveness, efficiency, and risk-aversion of (...) edit selection all greatly increase as a result. The argument for increasing predictability suggests making all details of profiling manifestly public. Also, a wider distribution of the more sophisticated anti-vandalism tools seems indicated. As to the specific dimensions used in profiling, several critical remarks are developed. When patrollers use ‘assisted edit- ing’ tools, severe ‘overuse’ of several features (anonymity, warned before) is a definite possibility, undermining profile efficacy. The easy remedy suggested is to render all of them invisible on the interfaces as displayed to patrollers. Finally, concerning not only assisted editing tools but tools against vandalism generally, it is argued that the anonymity feature is a sensitive category: anons have been in dispute for a long time (while being more prone to vandalism). Targeting them as a special category violates the social contract upon which Wikipedia is based. The feature is therefore a candidate for mandatory ‘underuse’: it should be banned from all anti-vandalism filters and profiling algorithms, and no longer be visible as a special edit trait. (shrink)

Plato extends a bold, confident, and surprising empirical challenge. It is implicitly a claim about the psychological — more specifically motivational — economies of human beings, asserting that within each such economy there is a desire to live well. Call this claim ‘psychological eudaimonism’ (‘PE’). Further, the context makes clear that Plato thinks that this desire dominates in those who have it. In other words, the desire to live well can reliably be counted on (when accompanied with correct beliefs about (...) the role of morality or virtue in living well) to move people be virtuous. As we will argue, this general claim appears in not only Plato but Aristotle and the Stoics as well. But it is one we might wonder about, in three ways. First, we might wonder about its warrant. After all, the claim is universal in scope; yet it is about a highly contingent fact about the motivational propensities of individual human organisms, and there is abundant variability in the individual forms human nature takes. What grounds could the ancients have for their confidence that there are no outliers (assuming, as we do, that they do not merely misspeak in framing general claims as universal ones)? Second, we might wonder about its truth. For were it true, it would entail something remarkable about the nature of rationality that we (post-)moderns would be wise to heed. And third, we might wonder about its relationship with normative eudaimonism. By ‘normative eudaimonism’ (‘NE’) we mean the claim that we have conclusive reason to act in ways that conduce to our own eudaimonia. As we will show, the key to these three questions is the first. If we consider what justification the ancients have for their claim, we can see why that claim must be true. Moreover, as we will also show, it must be true because of the nature of practical rationality as the ancients understood it — that is, in terms of normative eudaimonism. We will show this by marshalling unexpected resources: Donald Davidson’s work in understanding how we interpret others and in so doing make sense of them as rational beings. If we couple Davidson’s account of interpretation with the eudaimonist structure of practical rationality essential to these ancient ethical theories, psychological eudaimonism is a consequence. The paper proceeds as follows. In Section I, we lay out the textual basis for ascribing PE to Plato, Aristotle, and the Stoics. In Section II, we introduce Davidson’s account of interpretation. This allows us to appropriate that account in Section III to the particular purposes of normative eudaimonism, to support the claim that we must ascribe the desire to live well to those whom we would see as rational. Finally, in Section IV we consider challenges to this strategy. (shrink)

In international law and the ethics of war, there are a variety of actions which are seen as particularly problematic and presumed to be always or inherently wrong, or in need of some overwhelmingly strong justification to override the presumption against them. One of these actions is assassination, in particular, assassination of heads of state. In this essay I argue that the presumption against assassination is incorrect. In particular, I argue that if in a given scenario war is (...) justified, then assassination of the enemy state's leader is also justified, and in fact ought to be pursued as a means short of war. I defend this position on both consequential and deontic grounds, arguing that assassination is both more discriminate than war and serves to harm only those most responsible for the situation which justifies war in the first place. I conclude by arguing that a norm of assassination, far from being a destabilizing force, as some have argued, would in fact serve to reinforce international norms of rights and respect for persons by making clear that tyrants and would-be oppressors cannot hide behind military forces or notions of sovereignty to protect themselves from judgment and retribution. (shrink)

This paper addresses the so-called Taurek debate on whether or not to save the greater number of victims in rescue conflicts. In this controversy we take a consequentialist and aggregationist pro-numbers position and defend it against various objections. In particular, we consider it to be compatible with the principle of equal concern. Given that the pro-numbers position hinges to a significant extent on the acceptance of the person-neutral value of personal well-being, we offer a coherentist justification for this value (...) claim. Systematically though, we argue that neither pure welfare aggregationism nor its strict rejection are convincing. Rather, rejoining the two ethical dimensions of individual claims and collective well-being requires a hybrid position. Identifying three possible ways of constructing such a position, we briefly defend them against a recent version of the charge that they cannot be coherently expressed in a rational choice framework. -/- ----- Im Rahmen der sogenannten Taurek-Debatte wird die Frage diskutiert, ob in Rettungskonflikten die größere Anzahl an Opfern gerettet werden sollte oder nicht. Wir beziehen in dieser Kontroverse eine konsequentialistische und aggregationistische Pro-Anzahl-Position und verteidigen diese gegen verschiedene Einwände. Insbesondere halten wir die Position für kompatibel mit dem Prinzip gleicher Achtung. Angesichts des Umstandes, dass die Pro-Anzahl-Position in maßgeblicher Weise von der Annahme eines personenneutralen Wertes persönlichen Wohlergehens abhängt, bieten wir eine kohärentistische Rechtfertigung für diese Wertbehauptung. Systematisch argumentieren wir, dass weder ein reiner Wohlergehensaggregationismus noch seine komplette Zurückweisung überzeugend sein können. Die Vereinigung der beiden ethischen Dimensionen individueller Ansprüche und kollektiven Wohlergehens erfordert stattdessen eine hybride Position. Wir identifizieren drei mögliche Wege für die Konstruktion einer solchen Hybridposition und verteidigen diese abschließend kurz gegen einen aktuellen Vorwurf, demzufolge diese nicht auf kohärente Weise im Rahmen der rationalen Entscheidungstheorie abgebildet werden können. (shrink)

Throughout her work, Audre Lorde maintains that her self-preservation in the face of oppression depends on acting from the recognition and valorization of her feelings as a deep source of knowledge. This claim, taken as a portrayal of agency, poses challenges to standard positions in ethics, epistemology, and moral psychology. This article examines the oppositional agency articulated by Lorde’s thought, locating feeling, poetry, and the power she calls “the erotic” within her avowed project of self-preservation. It then explores the (...) implications of taking seriously Lorde’s account, particularly for theorists examining ethics and epistemology under nonideal social conditions. For situations of sexual intimacy, for example, Lorde’s account unsettles prevailing assumptions about the role of consent in responsibility between sexual partners. I argue that obligations to solicit consent and respect refusal are not sufficient to acknowledge the value of agency in intimate encounters when agency is oppositional in the way Lorde describes. (shrink)

Sometimes, a metaphysical theory has revisionary ethical consequences: for example, some have thought that modal realism entails that there are no moral obligations. In these cases, one may be tempted to reject the metaphysical theory on the grounds that it conflicts with commonsensical ethics. This is an ethics-to-metaphysics inference. My claim is that this inference is in general irrational, and that the fact that a metaphysical theory has highly revisionary ethical consequences is no reason at all to reject (...) the theory. I argue for this claim on the basis of general epistemic principles about the transmission of justification, and what makes for a good argument. Furthermore, I argue that my account can explain why a certain narrow class of ethics-to-metaphysics inferences are rational. (shrink)