For many women experiencing motherhood for the first time, the message they receive is clear: mothers who do not breastfeed ought to have good reasons not to; bottle feeding by choice is a failure of maternal duty. We argue that this pressure to breastfeed arises in part from two misconceptions about maternal duty: confusion about the scope of the duty to benefit and conflation between moral reasons and duties. While mothers have a general duty to benefit, we (...) argue that this does not imply a duty to carry out any particular beneficent act. Therefore, the expectation that mothers should breastfeed unless they have sufficient countervailing reasons not to is morally unwarranted. Recognising the difference between reasons and duties can allow us to discuss the benefits of breastfeeding and the importance of supporting mothers who wish to breastfeed without subjecting mothers who bottle feed to guilt, blame and failure. (shrink)

Shared decision-making involves health professionals and patients/clients working together to achieve true person-centred health care. However, this goal is infrequently realized, and most barriers are unknown. Discussion between philosophers, clinicians, and researchers can assist in confronting the epistemic and moral basis of health care, with benefits to all. The aim of this paper is to describe what shared decision-making is, discuss its necessary conditions, and develop a definition that can be used in practice to support excellence in maternity care. Discussion (...) between the authors, with backgrounds in philosophy, clinical maternity care, health care management, and maternity care research, assisted the team to confront established norms in maternity care and challenge the epistemic and moral basis of decision-making for caesarean section. The team concluded that shared decision-making must start in pregnancy and continue throughout labour and birth, with equality in discourse facilitated by the clinician. Clinicians have a duty of care for the adequacy of women's knowledge, which can only be fulfilled when relevant knowledge is offered freely and when personal beliefs and biases that may impinge on decision-making (defeaters) are disclosed. Informed consent is not shared decision-making. Key barriers include existing cultural norms of “the doctor knows best” and “patient acquiescence” that prevent defeaters being acknowledged and discussed and can lead to legal challenges, overuse of medical intervention and, in some areas, obstetric violence. Shared decision-making in maternity care can thus be defined as an enquiry by clinician and expectant woman aimed at deciding upon a course of care or none, which takes the form of a dialogue within which the clinician fulfils their duty of care to the client's knowledge by making available their complete knowledge (based on all types of evidence) and expertise, including an exposition of any relevant and recognized potential defeaters. Research to develop measurement tools is required. (shrink)

In recent years there has been an explosion of interest in Artificial Intelligence (AI) both in health care and academic philosophy. This has been due mainly to the rise of effective machine learning and deep learning algorithms, together with increases in data collection and processing power, which have made rapid progress in many areas. However, use of this technology has brought with it philosophical issues and practical problems, in particular, epistemic and ethical. In this paper the authors, with backgrounds in (...) philosophy, maternity care practice and clinical research, draw upon and extend a recent framework for shared decision-making (SDM) that identified a duty of care to the client's knowledge as a necessary condition for SDM. This duty entails the responsibility to acknowledge and overcome epistemic defeaters. This framework is applied to the use of AI in maternity care, in particular, the use of machine learning and deep learning technology to attempt to enhance electronic fetal monitoring (EFM). In doing so, various sub-kinds of epistemic defeater, namely, transparent, opaque, underdetermined, and inherited defeaters are taxonomized and discussed. The authors argue that, although effective current or future AI-enhanced EFM may impose an epistemic obligation on the part of clinicians to rely on such systems' predictions or diagnoses as input to SDM, such obligations may be overridden by inherited defeaters, caused by a form of algorithmic bias. The existence of inherited defeaters implies that the duty of care to the client's knowledge extends to any situation in which a clinician (or anyone else) is involved in producing training data for a system that will be used in SDM. Any future AI must be capable of assessing women individually, taking into account a wide range of factors including women's preferences, to provide a holistic range of evidence for clinical decision-making. (shrink)

Infant feeding decisions are highly emotionally charged. I argue elsewhere that many problems surrounding infant feeding decisions result from a moralized context created by mistakes in our assumptions about maternal duties including the mistaken assumption that mothers have a defeasible moral duty to breastfeed. Mothers have a reason, but not a moral duty to breastfeed. Even those who are convinced by my argument in the case of full-term babies, might find it harder to accept in the case of (...) premature babies. It might seem that mothers do have a defeasible moral duty to breastfeed or, as is more likely to be appropriate in such cases, to express breastmilk. Here, I explain why preterm neonates present a tricky case for the right not to breastfeed. I show why, nonetheless, moral pressure for mothers to express breastmilk in the neonatal unit is neither permissible nor pragmatically advisable. I argue that instead we should address structural barriers to providing breastmilk and support donor milk initiatives. (shrink)

Discussion of the behaviour of pregnant women and mothers, in academic literature, medical advice given to mothers, mainstream media and social media, assumes that a mother who fails to do something to benefit her child is liable for moral criticism unless she can provide sufficient countervailing considerations to justify her decision. I reconstruct the normally implicit reasoning that leads to this assumption and show that it is mistaken. First, I show that the discussion assumes that if any action might benefit (...) her child, the mother has a defeasible duty to perform that action. I suggest that this assumption is implicitly supported by two arguments but that each argument is unsound. The first argument conflates moral reasons and defeasible duties; the second misunderstands the scope of a defeasible duty to benefit. This argument has important practical and theoretical implications: practically, it provides a response to a highly damaging discourse on maternal behaviour; theoretically, it provides the framework for a clearer understanding of the scope and nature of defeasible duties to benefit. (shrink)

I recently told my uncle that I thought I had come up with a way of showing that a mother who saw her child about to be stung by a wasp should try to intervene. I’d been working on this for several months. My uncle did not look very impressed. To be fair, it doesn’t sound like a very impressive result. Surely it is just utterly obviously that mothers should protect their children from wasps? So why had this taken me (...) months of work? I am trying to come up with a moderate account of maternal duties. Maternal duties pick out what a mother is morally required to do for her children. In doing so, I’ve discovered that it is harder than it might at first appear to come up with a moderate account of maternal duties that recognises ‘obvious’ duties like the duty not to let your child be stung by a wasp. I’ve also found that in the context of maternal duties, even more than in other contexts, we need be cautious before we accept our judgments about what seems obvious. Yet, it is absolutely vital to come up with a good moderate account of maternal duties – because doing so is necessary to protect vulnerable women and children. (shrink)

Dembroff and Wodak (2018, 2021) argue that we have a duty to use gender-neutral pronouns, but do not extend this argument to all other aspects of our language. We evaluate the extent to which gender neutral language is desirable in the context of parental leave schemes, taking as a case study the parental leave schemes found at a Higher Education Institution in the UK. We argue that the considerations Dembroff and Wodak (2018, 2021) take to speak against gender specific pronouns (...) and some other gender specific aspects of language also strongly speak against gender specific language in the context of parental leave policies. As a project in non-ideal theory, we argue against the framing of existing policies which refer to ‘maternity’ and ‘paternity’ leave, and for moving to the language of ‘parental’ or ‘family’ leave. The fact that the majority of those giving birth are women does not provide decisive reasons for framing policies in gender-specific terms. Moreover, we argue that given the welcome move to facilitate shared parental leave, any concerns for gender equity, and equity for carers, are better served by requesting demographic information for monitoring purposes, rather than by policies that refer to gender specific parenting roles. -/- . (shrink)

Bislang vernachlässigte man in der Forschung sowohl die Ansichten von Horkheimer und Adorno über Sprachgeschichte als auch Zusammenhänge mit jüdischen Theologien, die gemeinsam die Grundlage der Geschichtsphilosophien innerhalb der ‚Dialektik der Aufklärung‘ bilden; mit der vorliegenden Untersuchung werden die Versäumnisse nachgeholt. Matern bietet eine ausführliche, aber sehr konzentrierte Diskussion im Kontext von ethnographischen, philologischen und theologischen Forschungen. Der große Aufwand ist erforderlich, um (a) mögliche Bezüge von Horkheimer und Adorno herausstellen zu können, (b) eine Basis für angemessene Interpretationen zu erhalten. (...) Resultat der Forschung ist, dass beide Autoren unterscheidbare apokalyptisch messianische Theologien entwerfen, die nachweisbar im Kontext von messianischen Ausrichtungen innerhalb der jüdischen Kabbala stehen. (shrink)

Der Titel des Bandes greift eine Frage auf, die im alltäglichen Umgang aufkam: die Frage nach analytischer Philosophie, vom Rücksitz eines Autos gestellt. Dieser Kontext bot den Anlass, eine Herangehensweise zu wählen, die bislang nicht üblich war: auszuprobieren, was eine Einbeziehung des Alltags und Umgangs erbringen könnte, ohne auf Komplexität zu verzichten. -/- Diese Öffnung hat zu überraschenden Ergebnissen geführt, die eine Weiterentwicklung der analytischen Philosophie erlauben, auch und in besonderer Weise theoretisch: Die Beachtung von umgangsprachlichem Verhalten kann dabei behilflich (...) sein, Sprache besser zu verstehen, als dies eine traditionelle wissenschaftsphilosophische Ausrichtung ermöglichen würde. -/- Die Beiträge zu diesem Band haben Kathrina Talmi, Reinhard Matern und Kai Pege eingebracht. (shrink)

Die Erörterung über Zivilisationen und die Goldenen Regeln ist zentral ein sprachliches Projekt, das dazu dienen soll, eine angemessene Bedeutung und mittels dieser einen möglichen Bezug zu finden. Reinhard Matern sucht und entwickelt ein Kriterium, um zivilisierte von unzivilisierten Gesellschaften zu differenzieren und nutzt dabei die weltweit entstandenen Goldenen Regeln, die er im Plural anführt, weil sich die überlieferten Formulierungen konkret unterscheiden. Es sind jedoch nicht die Unterschiede, sondern es ist das Gemeinsame, das ihn auf dem Weg zu einem allgemeinen (...) Kriterium interessiert. -/- Primär im ersten Jahrtausend vor unserer Zeitrechnung werden Spruchweisheiten notiert, über deren Ursprünge nichts bekannt ist. Die Goldenen Regel erlauben gegenüber dem formalisierten Vergeltungsrecht eine grundsätzlich andere Herangehenweise an menschliches Verhalten, ist auf Gleichbehandlung ausgerichtet. Diese vergleichsweise moderne Haltung ermöglicht es, ein allgemeines Kriterium zu bilden. Empirisch ist Gleichbehandlung in heutigen Gesellschaften jedoch immer noch nicht vollzogen, eine Zivilisation deshalb noch nicht erlangt. -/- Zum Abschluss findet sich ein Ausblick, der eine Erweiterung der Perspektive aufgrund zukünftiger Entwicklungen anstrebt: die Integration von humanoiden Robotern. (shrink)

Inflicting harm is generally preferable to inflicting death. If you must choose between the two, you should generally choose to harm. But prenatal harm seems different. If a mother must choose between harming her fetus or aborting it, she may choose either, at least in many cases. So it seems that prenatal harm is particularly objectionable, sometimes on a par with death. This paper offers an explanation of why prenatal harm seems particularly objectionable by drawing an analogy to the all-or-nothing (...) problem. It then argues that this analogy offers independent support for the ‘voluntarist’ view that at least some parental role obligations are grounded in the choice to be a parent. (shrink)

In order to achieve the World Health Organization’s Millennium Development Goal of reducing maternal mortality by three quarters by 2015, a strong global commitment is needed to address this issue in low-income nations where the risk to women is greatest. A comprehensive international effort must include provision of obstetric and general medical care as well as community-based interventions, with an emphasis on the latter in nations where the majority of women deliver babies at home without a trained attendant. Methods: (...) This systematic analysis evaluates interventions published in Medline and CINAHL whose outcome measure is maternal mortality. Analysis includes components of the intervention, nation and maternal death rates. Results: Nine studies documented the effectiveness of various clinical and community-based interventions, including specific drug regimens and procedures, in reducing the risk of maternal death. Six studies reported interventions that did not significantly alter maternal mortality outcomes, and the intervention in one study demonstrated increased risk of maternal death. Conclusion: The dearth of evidence highlights the need for increased focus on translational research that bridges the gap between medical advances and community-based interventions that are feasible in low-income nations. This cannot be accomplished without a stronger commitment to reducing maternal mortality by global health practitioners and researchers. (shrink)

this paper advances a novel account of part of what justifies killing in war, grounded in the duties we owe to our loved ones to protect them from the severe harms with which war threatens them. It discusses the foundations of associative duties, then identifies the sorts of relationships, and the specific duties that they ground, which can be relevant to the ethics of war. It explains how those associa- tive duties can justify killing in theory—in (...) particular how they can justify overrid- ing the rights to life of some of those who must be killed to win a war. It then shows how these duties can be operationalised in practice: first, showing how soldiers who fight on behalf of their community can act on reasons that apply to the members of that community; second, showing that the argument from associative duties does not prove too much—in particular, that it does not license the intentional killing of noncombatants in war. (shrink)

Moral duties are regularly attributed to groups. Does this make conceptual sense or is this merely political rhetoric? And what are the implications for these individuals within groups? Collins outlines a Tripartite Model of group duties that can target political demands at the right entities, in the right way and for the right reasons.

This pаpеr invеstigаtеs thе intеrgеnеrаtiоnаl еffеcts оf mаtеrnаl еducаtiоn оn child hеаlth in 68 dеvеlоping cоuntriеs аcrоss fivе cоntinеnts оvеr nеаrly thrее dеcаdеs. Еxplоiting thе bеtwееn-sistеrs vаriаtiоn in thе еducаtiоnаl аttаinmеnt оf thе mоthеrs, wе find thаt mоthеr’s еducаtiоn is pоsitivеly аssоciаtеd with child hеаlth mеаsurеd by thе thrее mоst cоmmоnly usеd indicеs, nаmеly hеight-fоr-аgе, wеight-fоr-hеight, аnd wеight-fоr-аgе. Оur mеchаnism аnаlysеs furthеr shоw thаt thеsе fаvоrаblе еffеcts cоuld bе, аt lеаst in pаrt, аttributеd tо fеrtility bеhаviоr, аssоrtаtivе mаtching, hеаlth cаrе (...) utilizаtiоn, аccеss tо infоrmаtiоn, hеаlth knоwlеdgе, аnd lаbоr mаrkеt оutcоmе. Givеn thе lоng-lаsting impаcts оf еаrly-lifе hеаlth оvеr thе lifе cyclе, оur findings undеrlinе thе impоrtаncе оf mаtеrnаl еducаtiоn in imprоving еcоnоmic аnd sоciаl cоnditiоns in dеvеlоping cоuntriеs. (shrink)

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

There is virtually no philosophical consensus on what, exactly, imperfect duties are. In this paper, I lay out three criteria which I argue any adequate account of imperfect duties should satisfy. Using beneficence as a leading example, I suggest that existing accounts of imperfect duties will have trouble meeting those criteria. I then propose a new approach: thinking of imperfect duties as duties held by groups, rather than individuals. I show, again using the example of (...) beneficence, that this proposal can satisfy the criteria, explaining how something can both have the necessity characteristic of duty, while also allowing agents the latitude which seems to attach to imperfect duties. (shrink)

Stephanie Collins’ Group Duties offers interesting new arguments and brings together numerous interconnected issues that have hitherto been treated separately. My critical commentary focuses on two particularly original and central claims of the book: (1) Only groups that are united under a group-level decision-making procedure can bear duties. (2) Attributions of duties to other groups should be understood as attributions of “coordination duties” to each member of the group, duties to take steps responsive to the (...) others with a view to the group’s φ-ing or express willingness to do so. In support of the first claim, Collins argues that only groups that can make decisions can bear duties, and that the ability to make decisions requires the relevant sort of decision-making procedure. I suggest that both parts of this argument remain in need of further support. I furthermore argue that Collins’ account of coordination duties gets certain kinds of cases wrong, and suggest that attributions of duties to groups without decision-making procedures are more plausibly understood as attributing shared duties. (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)

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

A pronatalist perspective on maternal bodies renders the adoptive maternal body queer. In this essay, I argue that the queerness of the adoptive maternal body makes it a useful epistemic standpoint from which to critique dominant views of mothering. In particular, exploring motherhood through the lens of adoption reveals the discursive mediation and social regulation of all maternal bodies, as well as the normalizing assumptions of heteronormativity, “reprosexuality,” and family homogeneity that frame a traditional view of (...) the biological family. As participants in motherhood who resist “repro-narrativity,”“reprosexuality,” and essentialism, adoptive maternal bodies have the potential to both queer our notions of normal mothering and normalize our notions of queer mothering. (shrink)

This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I (...) argue that this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others. (shrink)

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

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances (...) in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

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

During the recent Ebola epidemic, some commentators and stakeholders argued that it would be unethical to carry out a study that withheld a potential treatment from affected individuals with such a serious, untreatable disease. As a result, the initial trials of experimental treatments did not have control arms, despite important scientific reasons for their inclusion. In this paper, we consider whether the duty to rescue entails that it would be unethical to withhold an experimental treatment from patient-participants with serious diseases (...) for which there are no effective treatments, even when doing so is scientifically necessary to test the effectiveness of the treatment. We argue that the duty to rescue will rarely apply. The context of medical research also throws new light on the content of the duty to rescue, since the interests of future patients—who stand to benefit from the fruits of medical research—are relevant to whether the duty applies. (shrink)

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

Debates on humanitarian intervention have focused on the permissibility question. In this paper, I ask whether intervention can be a moral duty, and if it is a moral duty, how this duty is to be distributed and assigned. With respect to the first question, I contemplate whether an intervention that has met the "permissibility" condition is also for this reason necessary and obligatory. If so, the gap between permission and obligation closes in the case of humanitarian intervention. On the second (...) question, I propose 'institutionalizing" the duty to intervene. In this way, an otherwise imperfect obligation to intervene can be made "perfect" and specific to some agent. (shrink)

In philosophical work on the ethics of conversational exchange, much has been written regarding the speaker side—i.e., on the rights and duties we have as speakers. This paper explores the relatively neglected topic of the duties pertaining to listeners’ side of the exchange. Following W.K. Clifford, we argue that it’s fruitful to think of our epistemic resources as common property. Furthermore, listeners have a key role in maintaining and improving these resources, perhaps a more important role than speakers. (...) We develop this idea by drawing from Hugo Mercier and Dan Sperber’s “interactionist” picture of reason, which suggests that reasoning is essentially dialogical and relies on the epistemic vigilance of listeners. The paper defends an imperfect, prima facie duty to listen, one that is sufficiently strong to place substantial demands on individuals, but not so overly demanding as to be implausible. (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)

Reflections on the role and position of maternal relations within philosophy as a practical discipline, as a metaphor for philosophical practice, and as a subject of philosophical investigation.

In this paper I am going to raise a problem for recent attempts to derive positive duties from Kant’s universalizability tests. In particular, I argue that these recent attempts are subject to reductio and that the most obvious way of patching them renders them impracticable. I begin by explaining the motivation for these attempts. Then I describe how they work and begin my attack. I conclude by considering some patches.

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

In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective (...) class='Hi'>duties. In the final section, I suggest that it is probably better to restrict the label “corrective duties” to duties generated by interpersonal wronging. (shrink)

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

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

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)

Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.

Kant is well known for claiming that we can never really know our true moral disposition. He is less well known for claiming that the injunction "Know Yourself" is the basis of all self-regarding duties. Taken together, these two claims seem contradictory. My aim in this paper is to show how they can be reconciled. I first address the question of whether the duty of self-knowledge is logically coherent (§1). I then examine some of the practical problems surrounding the (...) duty, notably, self-deception (§2). Finding none of Kant's solutions to the problem of self-deception satisfactory, I conclude by defending a Kantian account of self-knowledge based on his theory of conscience (§3). (shrink)

The duty to rescue is a highly plausible and powerful ethical principle. It requires agents to assist others in extreme need in cases where doing so does not conflict with some weighty moral aim; requires little personal sacrifice; and is likely to significantly benefit the recipients.1 As a general obligation, it binds all persons simply qua persons, and it is owed to all persons simply qua persons. Clinical investigators working in low-income countries frequently encounter sick or destitute people to whom (...) they might possess a duty to rescue. Investigators may often ask themselves, what can I do, what should I do, to help? Such investigators often help people in the future by carrying out their... (shrink)

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

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)

Scholars who favor shareholder primacy usually claim either that managers should not fulfill corporate duties of beneficence or that, if they are required to fulfill them, they do so by going against their obligations to shareholders. Distinguishing between structurally different types of duties of beneficence and recognizing the full force of the normative demands imposed on managers reveal that this view needs to be qualified. Although it is correct to think that managers, when acting on behalf of shareholders, (...) are not required to fulfill wide duties of charity, they are nevertheless required to fulfill a variety of narrow duties of beneficence. What is more, the obligation to fulfill these duties arises precisely because they are acting on behalf of shareholders. As such, this article 1) refines our understanding of the duties of corporate beneficence and 2) helps to identify which duties of beneficence are imposed on managers when they are acting on behalf of shareholders. (shrink)

This paper is the introduction to a collection I guest-edited called Positive Duties to Wild Animals. The collection contains single-authored contributions from Catia Faria, Josh Milburn, Eze Paez, and Jeff Sebo; and co-authored contributions from Mara-Daria Cojocaru and Alasdair Cochrane, and Oscar Horta and Dayrón Terán. It was published as a special issue of Ethics, Policy and Environment.

Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it is obligatory (...) to override a woman’s bodily autonomy for the sake of an unborn child’s survival, we must continue to override the bodily autonomy of parents to ensure the survival of their living children, until the parent no longer has a special obligation to their child to the same degree as their special obligation to the fetus. And if the life of a child is truly more important than the bodily autonomy of its parents, as must be the case to force women to carry unwanted pregnancies to term, this should remain true until such a time that their children are no longer considered their responsibility. Thus, parity of reasoning suggests that policies compelling the gestation of a fetus should be accompanied by policies compelling organ donation. (shrink)

Plausibly, only moral agents can bear action-demanding duties. Not all groups are moral agents. This places constraints on which groups can bear action-demanding duties. Moreover, if such duties imply ability then moral agents – of both the individual and group varieties – can only bear duties over actions they are able to perform. I tease out the implications of this for duties over group actions, and argue that groups in many instances cannot bear these (...) class='Hi'>duties. This is because only groups with the right kind of structure – groups I call ‘collectives’ – have the agency to bear action-demanding duties. Yet neither can individuals bear these duties, assuming that individuals cannot perform group actions and that duty implies ability. This appears to leave us at a loss when assigning duties to perform some group actions. I argue we can solve this problem by assigning collectivization duties to individuals – duties to form a collective that then incurs a duty over the action. I give criteria for when individuals have collectivization duties and discuss the demands these duties place on their bearers. (shrink)

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

Clinical evidence has shown that physical exercise during pregnancy may alter brain devel- opment and improve cognitive function of offspring. However, the mechanisms through which maternal exercise might promote such effects are not well understood. The present study examined levels of brain-derived neurotrophic factor (BDNF) and absolute cell num- bers in the hippocampal formation and cerebral cortex of rat pups born from mothers exer- cised during pregnancy. Additionally, we evaluated the cognitive abilities of adult offspring in different behavioral paradigms (...) (exploratory activity and habituation in open field tests, spatial memory in a water maze test, and aversive memory in a step-down inhibitory avoid- ance task). Results showed that maternal exercise during pregnancy increased BDNF lev- els and absolute numbers of neuronal and non-neuronal cells in the hippocampal formation of offspring. No differences in BDNF levels or cell numbers were detected in the cerebral cortex. It was also observed that offspring from exercised mothers exhibited better cognitive performance in nonassociative (habituation) and associative (spatial learning) mnemonic tasks than did offspring from sedentary mothers. Our findings indicate that maternal exer- cise during pregnancy enhances offspring cognitive function (habituation behavior and spa- tial learning) and increases BDNF levels and cell numbers in the hippocampal formation of offspring. (shrink)

A challenge to Kant’s less known duty of self-knowledge comes from his own firm view that it is impossible to know oneself. This paper resolves this problem by considering the duty of self-knowledge as involving the pursuit of knowledge of oneself as one appears in the empirical world. First, I argue that, although Kant places severe restrictions on the possibility of knowing oneself as one is, he admits the possibility of knowing oneself as one appears using methods from empirical anthropology. (...) Second, I show that empirical knowledge of oneself is fairly reliable and is, in fact, considered as morally significant from Kant’s moral anthropological perspective. Taking these points together, I conclude that Kant’s duty of self-knowledge exclusively entails the pursuit of empirical self-knowledge. (shrink)

According to the objection from positive duties, Kant's Formula of Universal Law is flawed because it cannot be used to derive any affirmative moral requirements. This paper offers a response to that objection and proposes a novel way to derive positive duties from Kant's formula. The Formula of Universal Law yields positive duties to adopt our own perfection and others’ happiness as ends because we could not rationally fail to will those ends as universal ends.