Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses (...) that avoidably stigmatise students impermissibly undermine both the developmental ethos of education, and students’ recognition and respect for each other as equals. (shrink)

Drunk drivers and other culpably incapacitated wrongdoers are often taken to pose a problem for reasons-responsiveness accounts of moral responsibility. These accounts predicate moral responsibility upon an agent having the capacities to perceive and act upon moral reasons, and the culpably incapacitated wrongdoers lack exactly those capacities at the time of their wrongdoing. Many reasons-responsiveness advocates thus expand their account of responsibility to include a tracing condition: The culpably incapacitated wrongdoer is blameworthy despite his incapacitation precisely because he is responsible (...) for becoming incapacitated. As some skeptics have suggested, it is not clear that we need tracing. Here, however, I make a stronger case against tracing: I show that tracing gets things wrong. I consider a new sort of case, the case of the Odysseus agent, whose incapacitation is non-culpable (sometimes merely permissible and sometimes praiseworthy). Tracing would have us hold responsible and therefore blame unlucky Odysseus agents, Odysseus agents who commit a wrongdoing in the throes of their non-culpably induced incapacitation. But we should not hold these unlucky Odysseus agents responsible for their incapacitated wrongdoing. Because tracing gets these cases wrong, we should reject tracing. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

I defend two collapsing or reductionist arguments against Weak Pro-Natalism (WPN), the view that procreation is generally merely permissible. In particular, I argue that WPN collapses into Strong Pro-Natalism (SPN), the view that procreation is generally obligatory. Because SPN conflicts with the dominant view that procreation is never obligatory, demonstrating that WPN collapses into or entails SPN establishes epistemic parity (at least as concerns reproductive liberty) between WPN and Anti-Natalism (AN), the view that procreation is always impermissible. First, I distinguish (...) between two moral goods: the good of procreation itself and the good of procreative potential. Second, I contend that the average moral agent is obligated to assist needy children via adoption, fostering, or other financial or interpersonal support. Third, I present the first collapsing argument: If an agent’s justification for not assisting needy children is preservation of their resources (financial or interpersonal) for their actual future offspring, that justification is preserved only if they eventually and actually procreate. Thus, their eventual procreation is morally obligatory, and SPN follows. Fourth, I present the second collapsing argument, which assumes procreative potential as the relevant good: If an agent’s justification for not assisting needy children is preservation of their resources for their potential future offspring, that justification holds only if (a) the objective or subjective valuation of the opportunity is of the relevant type and valence to justify not assisting needy children and (b) the agent sincerely values the opportunity. Fifth, I argue that (a) is unsatisfied and that while (b) is satisfied in most cases, it entails that most agents are obligated to desire or be behaviorally disposed to pursue procreation for themselves (i.e., SPN). Thus, I conclude that both actual procreation and procreative potential are either insufficient justifications for not assisting needy children or that they entail obligatory pro-reproductive attitudes or behaviors. (shrink)

Kant’s notion of (what I will call) rational sympathy solves a problem about how we can voluntarily fulfill our imperfect duty to adopt those ends of others which have value only because they have been set by rational agents, ends which I will refer to as merely permissible ends (MPEs). Others’ MPEs are individuated in terms of their own concepts of their MPEs, and we can only adopt their MPEs in terms of their concepts, since to adopt them in terms (...) of different concepts would be to adopt different ends. Others’ concepts of their MPEs may contain marks of the first person, and should contain no marks of law apart from permissibility. Rational sympathy allows us to adopt ends individuated in terms of concepts with marks of these kinds because rational sympathy allows us to voluntarily adopt others’ first-person perspectives in imagination, and to voluntarily shape our contingent feelings so that such concepts motivate us despite their underdetermination by law. (shrink)

Kant’s theory of friendship is crucial in defending his ethics against the longstanding charge of emotional detachment. But his theory of friendship is vulnerable to this charge too: the Kantian sage can appear to reject sympathetic suffering when she cannot help a suffering friend. I argue that Kant is committed to the view that both sages and ordinary people must suffer in sympathy with friends even when they cannot help, because sympathy is necessary to fulfill the imperfect duty to adopt (...) others’ merely permissible ends, and we ought to take friends’ MPEs as our own. MPEs are individuated in terms of concepts which include marks of the first person, and no marks of law other than permissibility. To adopt ends of others individuated in terms of such concepts rather than merely promote them as means to different ends, those concepts must engage with one’s feelings in a way that requires sympathy. (shrink)

Is epistemic inconsistency a mere symptom of having violated other requirements of rationality—notably, reasons-responsiveness requirements? Or is inconsistency irrational on its own? This question has important implications for the debate on the normativity of epistemic rationality. In this paper, I defend a new account of the explanatory role of the requirement of epistemic consistency. Roughly, I will argue that, in cases where an epistemically rational agent is permitted to believe P and also permitted to disbelieve P, the consistency requirement (...) plays a distinct explanatory role. I will also argue that such a type of permissiveness is a live possibility when it comes to rational epistemic standards. (shrink)

In this paper I intend to raise a problem for so-called Frankfurt examples. I begin by describing the examples and what they are used for. Then I describe the problem.

A number of moral philosophers have endorsed instances of the following curious argument: it would be better if a certain moral theory were true; therefore, we have reason to believe that the theory is true. In other words, the mere truth of the theory—quite apart from the results of our believing it or acting in accord with it—would make for a better world than the truth of its rivals, and this fact provides evidence of the theory’s truth. This form (...) of argument may seem to be an obvious non-starter. After all, the fact that the truth of some empirical claim, say, the claim that there is an afterlife, would be desirable does not, by itself, give us any reason to believe it. But I argue that, when it is properly understood, this form of argument—which I call the better world argument—is valid in moral philosophy. I develop and defend a version of the argument that rests on the view that the correct moral theory cannot exhibit a certain form of self-defeat—a form that, as far as I know, has not been discussed in the literature. I also identify two promising applications of this form of argument. The first is a defense of permissions to promote one’s own private aims, rather than promote the greater good, and the second, an argument against the possibility of moral dilemmas. (shrink)

This chapter proposes a solution to the Trolley Problem in terms of the Kantian prohibition on using a person ‘merely as a means.’ A solution of this type seems impossible due to the difficulties it is widely thought to encounter in the scenario known as the Loop case. The chapter offers a conception of ‘using merely as a means’ that explains the morally relevant difference between the classic Bystander and Footbridge cases. It then shows, contrary to the standard view, that (...) a bystander who diverts the trolley in the Loop case need not be using someone ‘merely as a means’ in doing so. This makes it possible to show why the Loop scenario does not undermine the explanation of the salient moral difference between the Bystander and Footbridge cases. (shrink)

Kant’s Categorical Imperative (CI) is to be taken as a necessary and sufficient condition for any action that is permissible, i. e. not prohibited. The class of permissible actions contains actions which are allowed as well as those which are morally required. If to perform an action and to abstain from this action can be taken to be ‘practical opposites’, then an action that is morally required for, a duty, is an action whose practical opposite is prohibited, and vice versa. (...) The class of actions which are merely allowed (neither prohibited nor morally required for) contains all and only those actions who together with their practical opposites belong to the class of permissible (not prohibited) actions. The paper then adduces passages from Kant’s ethical writings on the CI supporting these distinctions. (shrink)

Extended Cognition (EC) hypothesizes that there are parts of the world outside the head serving as cognitive vehicles. One criticism of this controversial view is the problem of “cognitive bloat” which says that EC is too permissive and fails to provide an adequate necessary criterion for cognition. It cannot, for instance, distinguish genuine cognitive vehicles from mere supports (e.g. the Yellow Pages). In response, Andy Clark and Mark Rowlands have independently suggested that genuine cognitive vehicles are distinguished from supports (...) in that the former have been “recruited,” i.e. they are either artifacts, or, products of evolution. I argue against this proposal. There are counter examples to the claim that “Teleological” EC is either necessary or sufficient for cognition. Teleological EC conflates different types of scientific projects, and inherits content externalism’s alienation from historically impartial cognitive science. (shrink)

Gossip is often serious business, not idle chitchat. Gossip allows those oppressed to privately name their oppressors as a warning to others. Of course, gossip can be in error. The speaker may be lying or merely have lacked sufficient evidence. Bias can also make those who hear the gossip more or less likely to believe the gossip. By examining the social functions of gossip and considering the differences in power dynamics in which gossip can occur, we contend that gossip may (...) be not only permissible but virtuous, both as the only reasonable recourse available and as a means of resistance against oppression. (shrink)

Biogenic approaches investigate cognition from the standpoint of evolutionary function, asking what cognition does for a living system and then looking for common principles and exhibitions of cognitive strategies in a vast array of living systems—non-neural to neural. One worry which arises for the biogenic approach is that it is overly permissive in terms of what it construes as cognition. In this paper I critically engage with a recent instance of this way of criticising biogenic approaches in order to clarify (...) their theoretical commitments and prospects. In his critique of the biogenic approach, Fred Adams uses the presence of intentional states with conceptual content as a criterion to demarcate cognition-driven behaviour from mere sensory response. In this paper I agree with Adams that intentionality is the mark of the cognitive, but simultaneously reject his overly restrictive conception of intentionality. I argue that understanding intentionality simpliciter as the mark of the mental is compatible with endorsing the biogenic approach. I argue that because cognitive science is not exclusively interested in behaviour driven by intentional states with the kind of content Adams demands, the biogenic approach’s status as an approach to cognition is not called into question. I then go on to propose a novel view of intentionality whereby it is seen to exist along a continuum which increases in the degree of representational complexity: how far into the future representational content can be directed and drive anticipatory behaviour. Understanding intentionality as existing along a continuum allows biogenic approaches and anthropogenic approaches to investigate the same overarching capacity of cognition as expressed in its different forms positioned along the continuum of intentionality. Even if all organisms engage in some behaviour that is driven by weak intentional dynamics, this does not suggest that every behaviour of all organisms is so driven. As such, the worry that the biogenic approach is overly permissive can be avoided. (shrink)

What does the aesthetic ask of us? What claims do the aesthetic features of the objects and events in our environment make on us? My answer in this paper is: that depends. Aesthetic reasons can only justify feelings – they cannot demand them. A corollary of this is that there are no aesthetic obligations to feel, only permissions. However, I argue, aesthetic reasons can demand actions – they do not merely justify them. A corollary of this is that there are (...) aesthetic obligations to act, not only permissions. So, I conclude, the aesthetic asks little of us as patients and much of as agents. (shrink)

Does the content of a physically dangerous job affect the moral permissibility of hiring for that job? To what extent may employers consider costs in choosing workplace safety measures? Drawing on Kantian ethical theory, this article defends two strong ethical standards of workplace safety. First, the content of a hazardous job does indeed affect the moral permissibility of offering it. Unless employees need hazard pay to meet basic needs, it is permissible to offer a dangerous job only if (...) prospective employees have a reason other than hazard pay to choose this job instead of safer alternatives. Second, employers typically cannot justify omitting expensive safety measures by paying employees more, even if employees prefer higher pay to greater safety. Employers offering dangerous jobs must meet these two standards to avoid treating their employees merely as means. (shrink)

There is a growing body of scholarship that is addressing the ethics, in particular, the bioethics of space travel and colonisation. Naturally, a variety of perspectives concerning the ethical issues and moral permissibility of different technological strategies for confronting the rigours of space travel and colonisation have emerged in the debate. Approaches ranging from genetically enhancing human astronauts to modifying the environments of planets to make them hospitable have been proposed as methods. This paper takes a look at a (...) critique of human bioenhancement proposed by Mirko Garasic who argues that the bioenhancement of human astronauts is not only functional but necessary and thus morally permissible. However, he further claims that the bioethical arguments proposed for the context of space do not apply to the context of Earth. This paper forwards three arguments for how Garasic’s views are philosophically dubious: (1) when he examines our responsibility towards future generations he refers to a moral principle (which we will call the principle of mere survival) which, besides being vague, is not morally acceptable; (2) the idea that human bioenhancement is not natural is not only debatable but morally irrelevant; and (3) it is not true that the situations that may arise in space travel cannot occur on Earth. We conclude that not only is the (bio)enhancement of humans on Earth permissible but perhaps even necessary in certain circumstances. (shrink)

This paper asks when a natural disease kind is truly 'reactive' and when it is merely associated with a corresponding social kind. I begin with a permissive account of real kinds and their structure, distinguishing natural kinds, indifferent kinds and reactive kinds as varieties of real kind characterised by super-explanatory properties. I then situate disease kinds within this framework, arguing that many disease kinds prima facie are both natural and reactive. I proceed to distinguish ‘simple dependence’, ‘secondary dependence’ and ‘essential (...) dependence’ between a natural kind and its classification, and argue that a natural kind is only really reactive, in an important sense, under conditions of essential dependence. On this basis, I offer a principled hypothesis for why psychiatric kinds tend to be more metaphysically unstable than paradigm somatic disease kinds. (shrink)

It is common to think that we would be morally better people if we never felt envy. Recently, some philosophers have rejected this conclusion by arguing that envy can often be directed toward unfairness or inequality. As such, they conclude that we should not suppress our feelings of envy. I argue, however, that these defenses only show that envy is sometimes morally permissible. In order to show that we would not be better off without envy, we must show how envy (...) is not merely morally permissible, but morally valuable. Here I provide a defense of envy's moral value. I argue that feelings of envy are integral to the value that moral agents place on the goods and talents that they judge to be central to a worthwhile life. (shrink)

According to the standard view, a belief is based on a reason and doxastically justified—i.e., permissibly held—only if a causal relation obtains between a reason and the belief. In this paper, I argue that a belief can be doxastically justified by a reason’s mere disposition to sustain it. Such a disposition, however, wouldn’t establish a causal connection unless it were manifested. My argument is that, in the cases I have in mind, the manifestation of this disposition would add no (...) positive epistemic feature to the belief: a belief that is justified after the manifestation of a reason’s causal powers must have already been justified before their manifestation. As a result, those who adhere to the standard causal view of the basing relation face a hard choice: they should either abandon the enormously popular view that doxastic justification has a basing requirement or modify their view of the basing relation. (shrink)

The overall moral status of an option—whether it is required, permissible, forbidden, or something we really should do—is explained by competition between the contributory reasons bearing on that option and the alternatives. A familiar challenge for accounts of this competition is to explain the existence of latitude: there are usually multiple permissible options, rather than a single required option. One strategy is to appeal to distinctions between reasons that compete in different ways. Philosophers have introduced various kinds of non-requiring reasons (...) that do not generate requirements, even if they win the competition. This paper rejects two familiar versions of this strategy, one appealing to merely justifying reasons and one appealing to merely commendatory reasons. It offers a new account of how reasons compete that instead appeals to a sharp distinction between the reasons against an option and the reasons for the alternatives to that option. (shrink)

Assume we could someday create artificial creatures with intelligence comparable to our own. Could it be ethical use them as unpaid labor? There is very little philosophical literature on this topic, but the consensus so far has been that such robot servitude would merely be a new form of slavery. Against this consensus I defend the permissibility of robot servitude, and in particular the controversial case of designing robots so that they want to serve human ends. A typical objection (...) to this case draws an analogy to the genetic engineering of humans: if designing eager robot servants is permissible, it should also be permissible to design eager human servants. Few ethical views can easily explain even the wrongness of such human engineering, however, and those few explanations that are available break the analogy with engineering robots. The case turns out to be illustrative of profound problems in the field of population ethics. (shrink)

Many advocate practices of ‘local food’ or ‘locavorism’ as a partial solution to the injustices and unsustainability of contemporary food systems. I think that there is much to be said in favor of local food movements, but these virtues are insufficient to immunize locavorism from criticism. In particular, three duties of international ethics—beneficence, repair and fairness—may provide reasons for constraining the developed world’s permissible pursuit of local food. A complete account of why (and how) the fulfillment of these duties constrains (...) locavorism will require extensive empirical evidence about the relationship between agricultural demand-led industrialization, international trade (rules), and local food practices. In this paper I can only gesture at some of this evidence and, for that reason, my policy prescriptions are merely provisional. Instead, the upshot of this paper is that advocates of locavorism ought to be attentive to the empirical-dependence of the moral permissibility of their projects. As local food ‘scales up’—and comes to be embraced as a goal of political communities—these concerns should receive even greater attention. (shrink)

Knowledge is good, ignorance is bad. So it seems, anyway. But in this dissertation, I argue that some ignorance is epistemically valuable. Sometimes, we should suspend judgment even though by believing we would achieve knowledge. In this apology for ignorance (ignorance, that is, of a certain kind), I defend the following four theses: 1) Sometimes, we should continue inquiry in ignorance, even though we are in a position to know the answer, in order to achieve more than mere knowledge (...) (e.g. understanding) while minimizing the effects of confirmation bias. 2) It’s false that we should believe every proposition such that we are guaranteed to be right about it (and even such that we are guaranteed to know it) if we believe it. 3) Being in a position to know is the norm of assertion: importantly, this does not require belief or (thereby) knowledge, and so proper assertion can survive speaker-ignorance. 4) It can be permissible and conversationally useful to tell audiences things that it is logically impossible for them to come to know: Proper assertion can survive (necessary) audience-side ignorance. Cumulatively, this project suggests that, properly understood, ignorance has an important role to play in the good epistemic life. (shrink)

Nicholas Agar argues, that enhancement technologies could be used to create post-persons—beings of higher moral status than ordinary persons—and that it would be wrong to create such beings.1 I am sympathetic to the first claim. However, I wish to take issue with the second.Agar's second claim is grounded on the prediction that the creation of post-persons would, with at least moderate probability, harm those who remain mere persons. The harm that Agar has in mind here is a kind of (...) meta-harm: the harm of being made more susceptible to being permissibly harmed—more liable to harm. Agar suggests that, if post-persons existed, mere persons could frequently be permissibly sacrificed in order to provide benefits to the post-persons. For instance, perhaps they could be permissibly used in lethal medical experiments designed to develop medical treatments for post-persons. By contrast, he suggests that mere persons typically cannot be permissibly sacrificed to provide benefits to other mere persons. He thus claims that mere persons would be more liable to sacrifice if post-persons existed than they are in the absence of post-persons. The creation of post-persons would make them worse off in at least this one respect.Agar then argues that, since this meta-harm imposed on mere persons would not be compensated, it would be wrong to create post-persons. It is here that I believe his argument begins to go awry. According to the concept of compensation that Agar deploys , a harm imposed on X is compensated just in …. (shrink)

According to a widely held view of assertion and belief, they are each governed by a tacitly acknowledged epistemic norm, and the norm on assertion and norm on belief are so related that believing p is epistemically permissible only if asserting it is. I call it the Same Norm View. A very common type of utterance raises a puzzle for this view, viz. utterances in which we say ‘I believe p' to convey somehow guarded affirmation of the proposition that p. (...) For example, one might respond to a query for directions to the station by saying ‘I believe it is down the first street on your left.' Often, when we reply in this way, it would have been pragmatically preferable simply to assert that p, had we been epistemically warranted in doing so. One's guarded reply thus suggests one is not so warranted. Nevertheless, if one believes what one, at face value, says one believes, one believes p. Contrary to what might seem to be suggested by the Same Norm View, one does not seem to portray oneself as irrational or epistemically beyond the pale in replying in this way. The paper develops this puzzle in detail, and examines a variety of options for a resolving it consistently with the Same Norm view. The most promising of these options, I argue, is to see ‘I believe' guarded affirmations as a form merely approximately correct speech. They would, though, be a form of such speech that interestingly differs from paradigm cases of loose use or conventional hyperbole in that speakers would be comparatively unaware of engaging in approximation. I conclude ‘I believe’—guarded affirmations either show the Same Norm View to be false or must be recognised as such an interestingly distinctive form of merely approximately correct speech. (shrink)

This book introduces readers to the many arguments and controversies concerning abortion. While it argues for ethical and legal positions on the issues, it focuses on how to think about the issues, not just what to think about them. It is an ideal resource to improve your understanding of what people think, why they think that and whether their (and your) arguments are good or bad, and why. It's ideal for classroom use, discussion groups, organizational learning, and personal reading. -/- (...) From the Preface -/- To many people, abortion is an issue for which discussions and debates are frustrating and fruitless: it seems like no progress will ever be made towards any understanding, much less resolution or even compromise. -/- Judgments like these, however, are premature because some basic techniques from critical thinking, such as carefully defining words and testing definitions, stating the full structure of arguments so each step of the reasoning can be examined, and comparing the strengths and weaknesses of different explanations can help us make progress towards these goals. -/- When emotions run high, we sometimes need to step back and use a passion for calm, cool, critical thinking. This helps us better understand the positions and arguments of people who see things differently from us, as well as our own positions and arguments. And we can use critical thinking skills help to try to figure out which positions are best, in terms of being supported by good arguments: after all, we might have much to learn from other people, sometimes that our own views should change, for the better. -/- Here we use basic critical thinking skills to argue that abortion is typically not morally wrong. We begin with less morally-controversial claims: adults, children and babies are wrong to kill and wrong to kill, fundamentally, because they, we, are conscious, aware and have feelings. We argue that since early fetuses entirely lack these characteristics, they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are done early in pregnancy, before consciousness and feeling develop in the fetus. -/- Furthermore, since the right to life is not the right to someone else’s body, fetuses might not have the right to the pregnant woman’s body—which she has the right to—and so she has the right to not allow the fetus use of her body. This further justifies abortion, at least, until technology allows for the removal of fetuses to other wombs. Since morally permissible actions should be legal, abortions should be legal: it is an injustice to criminalizing actions that are not wrong. -/- In the course of arguing for these claims, we: 1. discuss how to best define abortion; 2. dismiss many common “question-begging” arguments that merely assume their conclusions, instead of giving genuine reasons for them; 3. refute some often-heard “everyday arguments” about abortion, on all sides; explain why the most influential philosophical arguments against abortion are unsuccessful; 4. provide some positive arguments that at least early abortions are not wrong; 5. briefly discuss the ethics and legality of later abortions, and more. -/- This essay is not a “how to win an argument” piece or a tract or any kind of apologetics. It is not designed to help anyone “win” debates: everybody “wins” on this issue when we calmly and respectfully engage arguments with care, charity, honesty and humility. This book is merely a reasoned, systematic introduction to the issues that we hope models these skills and virtues. Its discussion should not be taken as absolute “proof” of anything: much more needs to be understood and carefully discussed—always. (shrink)

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

In a recent paper, Lee Kerckhove and Sara Waller (hereafter K & W) argue that the concept of personhood is irrelevant for the abortion debate.1 Surprisingly, this irrelevance is due merely to the fact that the predicate ‘being a person’ — hereafter ‘personhood’ — is inherently vague. This vagueness, they argue, reduces ‘personhood’ to incoherency and disqualifies the notion from being a useful moral concept. In other words, if ‘personhood’ isn’t a precise notion with well-defined boundaries, then it cannot be (...) of any use in the debate over the permissibility of abortion. This argument is mistaken. While it may be true that ‘personhood’ is irrelevant for the debate over abortion (a substantive issue not dealt with in this paper), it is not true that ‘personhood’ should be disqualified merely because it is vague. Section 2 of the paper is a quick survey in which I briefly review the importance of ‘personhood’ in some of the more recent literature concerning the moral status of abortion. Section 3 is a reconstruction of K & W’s argument against the relevancy of ‘personhood’ and a criticism showing why their argument fails. Section 4 approaches the use of a vague predicate in moral debate and explores the application of ‘personhood’ given three contemporary solutions to vagueness: degree theory, epistemicism and supervaluationism. (shrink)

Denying the conclusion of a valid argument is not generally permissible if one suspends on one premise of the argument and believes the other premise. This can happen when one’s only critique of an argument is to undermine one premise. There is incoherence there. Here I examine how this is relevant to the debate on evolutionary debunking of our moral knowledge. I argue that one significant line of response to the debunker is unsuccessful: merely undermining the debunker’s empirical claim. It (...) is not rational to respond this way and believe one has moral knowledge. First I present evidence that prominent critics of the debunking argument merely undermine the debunker’s empirical claim. Then I argue for two premises: merely undermining a premise can only justify a middling amount of doubt towards the premise and we should have no more doubt about the conclusion of a valid argument than we do about the premises. Implications of the argument are explored. (shrink)

Two chapters -- "Common Arguments about Abortion" and "Better (Philosophical) Arguments About Abortion" -- in one file, from the open access textbook "Introduction to Ethics: An Open Educational Resource" edited by Noah Levin. -/- Adults, children and babies are arguably wrong to kill, fundamentally, because we are conscious, aware and have feelings. Since early fetuses entirely lack these characteristics, we argue that they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are (...) done early in pregnancy before consciousness and feeling develop in the fetus. Furthermore, since the right to life is not the right to someone else’s body, fetuses might not have the right to the pregnant woman’s body, and so she has the right to not allow the fetus use of her body; this further justifies abortion, at least, until technology allows for the removal of fetuses to other wombs. Since morally permissible actions should be legal, abortions should be legal. -/- In the course of arguing for these claims, we: -/- discuss how to best define abortion; dismiss many common “question-begging” arguments that merely assume their conclusion, instead of giving genuine reasons for them; refute some often-heard “everyday arguments” about abortion; explain why some influential philosophical arguments against abortion are unsuccessful; provide some positive arguments that at least early abortions are not wrong; briefly discuss the ethics and legality of later abortions, and more. -/- Little of this discussion should be taken as absolute “proof” of anything, as this is merely a reasoned introduction to the issues: much more needs to be discussed, always. (shrink)

Kant’s project in ethics is to defend the conception of morality that he takes to be embedded in ordinary thought. The principal aims of his foundational works in ethics – the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason – are to state the fundamental principle of morality, which he terms the “Categorical Imperative”, and then to give an account of its unconditional authority – why we should give moral requirements priority over non-moral reasons – by (...) grounding it in the nature of free rational agency. Roughly the principle of morality gets its authority from the fact that it is by acting from this principle that we exercise our free agency. In these works Kant develops a distinctive account of the content of moral requirement (which is filled out in his later work, The Metaphysics of Morals). According to one version of the Categorical Imperative, we determine what sorts of actions are permissible or required in various situations by asking whether a principle of action is rationally willed as universal law for agents with autonomy. A second version of the Categorical Imperative derives the content of morality from the principle that we are to respect “humanity”, or “rational nature”, as an “end in itself” and never merely as a means. “Humanity” is the capacity for autonomous rational choice, and it includes the capacity to act from one’s own judgment of what one has reason to do, to set ends for oneself, and to guide one’s actions by values one finds it reasonable to accept. To hold that this capacity is an end in itself is to claim that it has an absolute value – a value that Kant terms “dignity” – that sets limits on the.. (shrink)

The ‘doctrine of double effect’ claims that it is in some sense morally less problematic to bring about a negatively evaluated state of affairs as a ‘side effect’ of one’s pursuit of another, morally unobjectionable aim than it is to bring it about in order to achieve that aim. In a first step, this chapter discusses the descriptive difference on which the claim is built. That difference is shown to derive from the attitudinal distinction between intention and ‘acceptance’, a distinction (...) that is in turn claimed to ground in a feature of the decisions that generate the attitudes in question. The resulting analysis is then plugged into two different normative principles that may each be thought to specify the intuitions behind the doctrine of double effect, but which have frequently been conflated. The first concerns the permissibility of bringing about the merely accepted state of affairs, the second its reduced attributability. It is argued that examination of the intuitions behind the two principles supports neither version of the doctrine. Rather, the intuitions are best captured in an attribution principle based on subjective probabilities and a principle of attitude evaluation, neither of which make explicit reference to the attitude of intending. (shrink)

The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, (...) Vermeule and others have presented influential arguments for the claim that where the state is concerned the doing/allowing distinction has no moral significance, even if it does elsewhere. I show that these arguments can be resisted. In doing so, I defend some important distinctions and principles that help us understand the state’s role in protecting people from harm. (shrink)

© British Society of Aesthetics 2018. Published by Oxford University Press on behalf of the British Society of Aesthetics. All rights reserved. For Permissions, please email: [email protected] adaptation of literary works into films has been almost completely neglected as a philosophical topic. I discuss two questions about this phenomenon:What do we mean when we say that a film is faithful to its source?Is being faithful to its source a merit in a film adaptation?In response to, I set out two distinct (...) senses of fidelity: story fidelity and thematic fidelity. I then argue, in response to, that thematic fidelity, but not story fidelity, is an aesthetic merit in a film adaptation. The key steps in this argument involve showing that merely preserving the story from one medium to another does not typically involve an aesthetically... (shrink)

That Kant’s moral thought is invoked by both advocates and opponents of a right to assisted dying attests to both the allure and and the elusiveness of Kant’s moral thought. In particular, the theses that individuals have a right to a ‘death with dignity’ and that assisting someone to die contravenes her dignity appear to gesture at one of Kant’s signature moral notions, dignity. The purposes of this article are to outline Kant’s understanding of dignity and its implications for the (...) ethics of assisted dying. According to Kant, that which has dignity must be treated as an end in itself and may not permissibly be exchanged for that which merely has price. Kant’s reasoning thus seems to preclude acts of self-killing, including voluntary assisted dying, that rest on individual self-interest, since a person’s interests merely have price. However, a recognizably Kantian view of dignity can permit assisted dying under two sets of circumstances: First, it can be permissible for agents who anticipate a degradation of their rational agency due to conditions such as dementia to direct others to end their lives once sufficiently demented. In so doing, such agents in effect exercise a right to impose obligations on others regarding how their bodies, which will at some future point no longer be the vessels of their rational agency, are to be disposed of. Second, Kant errs in supposing that our dignity can stem solely from our moral personality, i.e., from our capacity to abide by universalizable moral principles. Rather, complete dignity also requires the capacity for setting discretionary ends and the means to those ends, i.e., the dignity of humanity. Individuals with prolonged and intense depression, in severe pain, or with serious disability may lack humanity while retaining their moral personality. In such cases, I propose that their opting to end their lives, with or without the assistance of others, does not amount to exchanging their dignified selves for something which merely has price and is therefore not objectionable on Kantian grounds. (shrink)

Taking a lead from Eva Picardi’s work and influence, I investigate the significance of Frege’s context principle for the philosophy of language. I argue that there are some interpretive problems with recent meta-semantic interpretations of the principle. Instead, I offer a somewhat weaker alternative: the context principle is a tool to license certain definitions. Moreover, I claim that it merely lays out one of many possible ways of licensing a definition. This means, among other things, that despite Frege’s imperative injunctions, (...) the context principle formulates a permission—not a requirement. (shrink)

I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended means or end.

In the third edition of ‘Practical Ethics’ (2011), Peter Singer reexamines the so-called “replaceability argument,” according to which merely sentient beings, as opposed to persons (self-conscious and with a robust sense of time), are replaceable—it is in principle permissible to kill them provided that they live pleasant lives that they would not have had otherwise and that they be replaced by equally happy beings. On this view, existence is a benefit and death is not a harm. Singer’s challenge is to (...) avoid (i) the replaceability of persons while preserving the replaceability of merely sentient beings, (ii) the implication that parents are morally required to procreate if they can have happy children, and (iii) to do avoid these implications without having the proposed solution (the “debit view” of preferences) imply negative utilitarianism, or the conclusion that a nonsentient universe is better than any sentient universe. I review Singer’s changing views since 1975 and I argue that his attempt to avoid the replaceability of persons fails: either both non-persons and persons are replaceable or neither are. Singer can only avoid this conclusion by appealing to controversial metaethical claims (attitude-independent moral objectivism) and/or giving up on essential features of utilitarianism. (shrink)

While some philosophical models reduce religious faith to either mere belief or affect, more recent accounts have begun to look at the volitional component of faith. In this spirit, John Bishop has defended the notion of faith as a ‘doxastic venture’. In this article, I consider Bishop's view in detail and attempt to show that his account proves on the one hand too permissive and on the other too restrictive. Thus, although the doxastic-venture model offers certain advantages over other (...) prominent views in the philosophy of religion, it still falls short of providing us with an ultimately satisfactory account of religious faith. (shrink)

This chapter presents a positive philosophy of male sexuality: one that is not rooted in so-called toxic masculinity and which is compatible with gender equality. I argue that, for such a sexuality to be possible, respect is the moral baseline. However, the status quo for male sexuality is shaped by white supremacy and heteronormativity. To resist these values, men must do more than merely cross some minimal moral threshold for permissible sex. Rather, they ought to develop a caring character so (...) that they would want to seek out their own and their partner’s (robust) sexual fulfillment. Men ought actively to develop ways to increase pleasure for themselves and their partners. (shrink)

The purpose of this paper is to unveil the incompleteness of John Harris' view that parents have a moral obligation to genetically enhance their unborn children. Specifically, here two main conclusions are proposed: (1) at present there exist insufficient empirical data for determining whether prenatal genetic enhancement (PGE) is a moral obligation on prospective parents. Although the purpose of PGE research would be to determine the extent to which PGE is safe and effective, the task of determining the veracity of (...) Harris' premises is impossible to achieve without begging the question; we would be forced to assume the moral permissibility of PGE in order to generate the data that are required for determining its moral standing. So, given this empirical blindness, consequence-based normative frameworks like that of Harris cannot determine the moral standing of PGE, but merely push the question of the moral standing of PGE back a step, without offering any plausible and morally endorsable recourse for how to answer it; (2) even if PGE research were legal, which it is not, parents nevertheless have good reason not to consent to it for their children, especially as participants in the first wave(s) of such research. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

If people have stringent moral rights, then the doctrine of double effect is false or unimportant, at least when it comes to making acts permissible or wrong. There are strong and weak versions of the doctrine of double effect. The strong version asserts that an act is morally right if and only if the agent does not intentionally infringe a moral norm and the act brings about a desirable result (perhaps the best state of affairs available to the agent or (...) a promotion of the common good). The weak version asserts that, other things being equal, it is deontically worse to intentionally infringe a norm than to foreseeably do so. A person’s intention or mere foresight might still be relevant to his or her blameworthiness or virtue, but this is a separate issue. (shrink)

The aim of this work is to focus on the most unusual application of the Lateran bull Apostolici regiminis, the founding document of the inquisitorial legislation which regulated the teaching activity of philosophy professors by forcing them to refute any heterodox theory and to teach the doctrine of faith. In 1519, the inquisitor of Bologna Giovanni de’ Torfanni censored the book Defensorium, in which the secular Aristotelian philosopher Pietro Pomponazzi developed against his colleague Agostino Nifo a long series of arguments (...) in favor of the mortality of the human soul without match them with their respective Christian refutations, as prescribed by the papal bull. Nevertheless, as a result of a not well documented negotiation with the competent authorities, Pomponazzi was relieved of all obligations, provided that he submitted his book to the emendations of the Dominican theologian Crisostomo Javelli. Pomponazzi accepted the agreement and Javelli drew up a list of forty-two solutions to as many mortalistic arguments found in Defensorium. Javelli’s list – titled Solutiones rationum animi mortalitatem probantium quae in Defensorio contra Niphum excellentissimi Petri Pomponatii formantur – was then attached to Defensorium and in this way Pomponazzi gained permission to print and sell his book. After a short reconstruction of the key steps of this affair, the present work provides a critical edition of Javelli’s Solutiones, based upon both the sixteenth-century editions of the text, the first one contained in Defensorium, the other included in Pomponazzi’s Tractatus acutissimi, utillimi, et mere peripatetici. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

In recent years, philosopher Jeff McMahan has solidified an influential view that moral desert is irrelevant to the ethics of self-defense. This work aims to criticize this view by demonstrating that there are cases in which moral desert has a niche position in determining whether it may be permissible to kill a person in self- (or other-)defense. This is done by criticizing McMahan’s Responsibility Account of liability as being overly punitive against minimally responsible threateners (MRTs), and by demonstrating, through reference (...) to Saba Bazargan’s Hybrid Account of liability to defensive harm, that further justification than mere liability is necessary in the justification of killing these kinds of threateners. It is also argued that other kinds of justifications like lesser-evil justifications are not necessarily strong enough to justify killing MRTs, even on top of established liability. This paper puts forward the view that, where a strong enough moral difference between threatener and innocent victim cannot be established, a justification on the basis of the implications of prior moral acts might, on some occasions, give us reasons to kill or not kill MRTs in self-defense. (shrink)

This book is an analysis and evaluation of torture. My take on torture is unique for four reasons. First, it provides a distinct analysis of what torture is. Second, it argues that on non-consequentialist grounds, specifically rights-based ones, torture is sometimes permissible. Third, it argues that torturers are not always vicious. Fourth, it argues that it is plausible that these conclusions apply to some real world cases. In short, it fills the following gap: it evaluates torture from a rights-based perspective (...) and finds that in some cases it is permissible. My book is a unique philosophical exploration of torture. It combines a philosophical analysis of torture with a moral evaluation of it. The philosophical analysis of torture has not received a lot of attention. My analysis defends a minimal view of torture and one that distinguishes the analysis of the concept of torture from the moral evaluation of it. The resulting theory, the minimalist theory, differs noticeably from other analyses. My moral evaluation of torture sharply differs from the rest of the literature. The evaluation focuses on the non-consequentialist approach to morality, that is, it assumes that what makes an action right is not solely whether it brings about the best results. Using the central feature of non-consequentialism, moral rights, I argue that torture is justified in a number of theoretical contexts, including defense, punishment, and when the person to be tortured consents. I then look at the actual world and argue that it is plausible to think that there are real-world cases where torture is justified. My analysis also looks at whether torture is virtuous in an attempt to get at what intuitively repels us about torture. My analysis is not only the first look at the issue, but it also ties in with recent developments in virtue theory. As in the analysis of the permissibility of torture, I try to show that my findings with regard to virtue are not merely of theoretical interest, but are plausible given some real-world cases. (shrink)