Both the genetic endowment we have been equipped with, and the environment we had to be born and raised in, were not – and never are – for us to choose; both are pure luck, a random ticket in this enormously inventive cosmic lottery of existence. If it is luck that has makes us the persons we are, and since our decisions and choices depend largely on the kind of persons we are, it seems that everything we do or fail (...) to do may only be attributed to luck. This paper focuses on criminal behavior, with special emphasis on Tarde’s and Lombroso’s views, to discuss free will and agency, and their interplay with moral luck, that is, the fixed boundaries set by our nature and the circumstances that surround us. (shrink)

Our moral convictions cannot, on the face of it, count in evidence against scientific claims with which they happen to conflict. Moral anti-realists of whatever stripe can explain this easily: science is immune to moral refutation because moral discourse is defective as a trustworthy source of true and objective judgments. Moral realists, they can add, are unable to explain this immunity. After describing how anti-realists might implement this reasoning, the paper argues that the only (...) plausible realist comeback turns on the practical nature of moral reasoning. This comeback, however, places significant constraints on the structure of evidence for moral judgments. These constraints cannot be met by coherentist defenders of reflective-equilibrium methodology or by anyone sympathetic to bottom-up, case-driven foundationalism, including those who claim we have perceptual or perception-like access to moral truths. Unfortunately for realists in these categories, alternative realism-friendly accounts of science’s apparent moral immunity are unpromising. These neither explain nor explain away our unwillingness to infer an is from an ought, as Hume might have put it. Science’s apparent immunity to moral refutation therefore poses a serious problem for any realist unhappy with top-down, theory-driven conceptions of the structure of moral evidence. (shrink)

When a novel scientific theory conflicts with otherwise plausible moral assumptions, we do not treat that as evidence against the theory. We may scrutinize the empirical data more keenly and take extra care over its interpretation, but science is in some core sense immune to moral refutation. Can the same be said of philosophical theories (or the non-ethical, ‘metaphysical’ ones at least)? If a position in the philosophy of mind, for example, is discovered to have eye-widening moral (...) import, does that count against it at all? Actual responses by philosophers to the question of whether unanticipated moral consequences of metaphysical theories have evidential force are scattered, implicit, divergent, under-argued, and sometimes even self-undermining. The present discussion is, most immediately, an attempt to sort out the confusion. Beyond that, it exploits the new perspective this question gives us on a familiar topic: the relation of philosophy to science. (shrink)

The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally (...) liable to be lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. (shrink)

The principle of non-combatant immunity protects non-combatants against intentional attacks in war. It is the most widely endorsed and deeply held moral constraint on the conduct of war. And yet it is difficult to justify. Recent developments in just war theory have undermined the canonical argument in its favour – Michael Walzer's, in Just and Unjust Wars. Some now deny that non-combatant immunity has principled foundations, arguing instead that it is entirely explained by a different principle: that (...) of necessity. In war, as in ordinary life, harms to others can be justified only if they are necessary. Attacking non-combatants, the argument goes, is never necessary, so never justified. Although often repeated, this argument has never been explored in depth. In this article, I evaluate the necessity-based argument for non-combatant immunity, drawing together theoretical analysis and empirical research on anti-civilian tactics in interstate warfare, counterinsurgency, and terrorism. (shrink)

The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally (...) liable to be lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. (shrink)

I will argue that Avicenna’s and Aquinas’s faith-based virtue ethics are crucially different from Aristotle’s virtue ethics, in that their ethics hinges on the theological notion of heaven, which is constitutively independent of the ethical life of the agent. As a result, their faith-based virtue ethics is objectionable. Moreover, I will also argue that the notion of heaven that Avicenna and Aquinas deploy in their moral philosophy is problematic; for it can rationally permit believers to commit morally horrendous actions. (...) Finally, I will present a Kantian notion of heaven which is immune to the aforementioned moral objection. The Kantian notion of heaven, nevertheless, cannot ground any view of ethics as it is constitutively dependent on the ethical life of the agent. (shrink)

Moral understanding is a species of knowledge. Understanding why an action is wrong, for example, amounts to knowing why the action is wrong. The claim that moral understanding is immune to luck while moral knowledge is not does not withstand scrutiny; nor does the idea that there is something deep about understanding for there are different degrees of understanding. It is also mistaken to suppose that grasping is a distinct psychological state that accompanies understanding. To understand why (...) something is the case is to grasp or see why something is the case and grasping and seeing are ways of knowing. (shrink)

Do facts about what an agent would freely do in certain circumstances at least partly determine any of her moral obligations? Actualists answer ‘yes’, while possibilists answer ‘no’. We defend two novel hybrid accounts that are alternatives to actualism and possibilism: Dual Obligations Hybridism and Single Obligation Hybridism. By positing two moral ‘oughts’, each account retains the benefits of actualism and possibilism, yet is immune from the prima facie problems that face actualism and possibilism. We conclude by highlighting (...) one substantive difference between our two hybrid accounts. (shrink)

The manner in which individuals hold various nonevidentiary beliefs is critical to making any evaluative claim regarding an individual's autonomy. In this essay, I argue that one may be both justified in holding nonrational beliefs of a nonevidentiary sort while also being capable of leading an autonomous life. I defend the idea that moral instruction, including that which concerns explicitly religious content, may justifiably constitute a set of commitments upon which rationality and autonomy are dependent. I situate this discussion (...) against the backdrop of a minimalist notion of autonomy. I then consider the case for nonrational beliefs, examining the difference between those whose content is objectionable on evidentiary grounds and those that are immune to verification. Next, I consider the indoctrination/moral instruction distinction through examining the various ways in which indoctrination is defined. I also consider the role that value coherence plays in shaping our identities, paying particular attention to fundamental commitments as defined by our respective families, cultures, and communities. Finally, I argue that individual psychology is central to our ability to assess the outcome of an upbringing purported to be indoctrinatory, and I emphasize the important role that experience and agency play in enabling us to evaluate our beliefs. (shrink)

We explore the ethics of deliberately exposing consenting adults to SARS-CoV-2 to induce immunity to the virus (“DEI” for short). We explain what a responsible DEI program might look like. We explore a consequentialist argument for DEI according to which DEI is a viable harm-reduction strategy. Then we consider a non-consequentialist argument for DEI that draws on the moral significance of consent. Additionally, we consider arguments for the view that DEI is unethical on the grounds that, given that (...) large-scale DEI would be highly likely to result in some severe illnesses and deaths, DEI amounts to a form of killing. Our thesis is that incorporating a DEI program alongside the status-quo “calibrate-the-curve” responses could have significant advantages at the early stages of pandemics. These potential advantages mean that, at a minimum, research into DEI would have been justified early in the COVID-19 pandemic, and that DEI programs should be explored as potential additions to our overall approach to emerging pandemics in the future. (shrink)

Moral luck is an important issue in meta- ethics. Its conflict to principle of control make challenges to moral moral assessment, moral judgment and moral responsibility. Bernard Williams is the first philosopher who uses the expression "moral luck" and tries to show that the contradiction between “moral” and “luck” is not so serious. Against Kantian’s idea and also our intuitions Williams doesn’t believe that morality is immune of luck and that unlike other values, (...) is accessible to all people. If moral value is accessible to all, according to his idea, it should be not only immune of luck but also supreme. Giving some examples, Williams by concepts like justification, regret and retrospective, shows that morality hasn’t these characteristics. Dividing moral luck into four types: resultant, circumstantial, constitutive and causal, Thomas Nagel puts Williams' moral luck under the first type and criticizes it. This study seeks to explain Bernard Williams’ viewpoint on moral luck. At first it clears types of moral luck, principle of control and its contradiction with moral luck, then after explaining Williams’ account of moral luck criticizes it. Nagel’s criticisms and others show that although they accept the existence of moral luck and also their account is compatible to williams’ but they deny williams’ success in defending of this phenomenon. Finally, despite of all critiques, it seems that Williams’ failure in defense of moral luck didn’t decrease the importance of this matter, but made some stronger ideas were appeared by Thomas Nagel in this regard. (shrink)

The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting (...) it as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasons – our worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionists’ arguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusions – in other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, question – or, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatant’s side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)

For non-analytic ethical naturalists, externalism about moral motivation is an attractive option: it allows naturalists to embrace a Humean theory of motivation while holding that moral properties are real, natural properties. However, Michael Smith has mounted an important objection to this view. Smith observes that virtuous agents must have non-derivative motivation to pursue specific ends that they believe to be morally right; he then argues that this externalist view ascribes to the virtuous agent only a direct de dicto (...) desire to do what is morally right, but not a direct motivation to be kind, help those in need, et. I first clarify this “fetishism objection”; I then show how the non-analytical naturalist can provide an understanding of virtuous motivation that is immune to this objection. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Comments on “Moral Complicity in Induced Pluripotent Stem Cell Research”W. Malcolm Byrnes, Ph.D. and Edward J. FurtonIn his article titled “Moral Complicity in Induced Pluripotent Stem Cell Research,” Mark T. Brown (2009) unfortunately mischaracterizes my ethical analysis of the use of induced pluripotent stem (iPS) cells for replacement therapies, or treatments (Byrnes 2008). In my paper, which Brown cites, I argue that, just as it is ethically (...) acceptable for parents to allow their children and themselves to be immunized using vaccines produced by cell lines derived from human fetuses aborted in the past, it is also acceptable for persons in the future to benefit from treatments that use iPS cells validated using human embryonic stem (ES) cell lines [End Page 202] derived in the past. The assumption I make is that iPS cells would have to be shown to be functionally equivalent to human ES cells—i.e., validated—before they could be used for cell replacement treatments. (If it turns out that this assumption is incorrect, and primate or even mouse ES cells can be used for the validation, then all residual ethical problems will disappear and there will be no ethical problems whatsoever associated with iPS cells.) I wrote:... [I]n both cases, the origin of the treatment is in a one-time event: either the one-time use of aborted fetuses to obtain cell lines (e.g., MRC-5 and WI- 38) to grow weakened virus strains for vaccine production, or the one-time destruction of human embryos to validate iPS cells, which then effectively replace embryonic stem cells. In the latter case, if no additional embryonic stem cell lines are derived, then derivation of the existing lines could be considered a “one-time” event in the past, albeit an event that extended over a several-year period(Byrnes 2008, p. 287, emphasis added).Note the phrase “if no additional embryonic stem cell lines are derived.” The derivation of ES cell lines inherently involves destruction of embryos; indeed, that is why many people, including me, are opposed to human ES cell research. In my article, I am arguing that, if no additional ES cell lines are derived, then no additional human embryos will be destroyed, and the destruction of human embryos will lie in the past. In this case, embryo destruction could be considered a past event, just as the abortion of a human fetus from which vaccine-producing cell lines were derived is a past, albeit tragic, event.In the process of building his argument that proponents of iPS cell research are morally complicit in embryo destruction, Brown (2009, p. 15) casts me as being in favor of the “derivation of new embryonic stem [cell lines].” This is the exact opposite of my position. In fact, I am opposed to further destruction of human embryos. I believe that the hundreds of ES cell lines already in existence are more than sufficient to validate iPS cells and so no additional lines need to be derived. This means that no additional human embryos will need to be destroyed.Apparently based on the misperception that I support future destruction of human embryos, Brown concludes that “Byrnes’s endorsement of ongoing iPSC validation studies would seem to implicate him and those who follow his lead in formal and material complicity in what they perceive as moral evil” (p. 16). He writes that “explicit formal complicity would attach because he [Byrnes] knowingly and intentionally recommends that embryos be killed in order to facilitate a transition to a future in which no more embryos need be destroyed” (p. 16). Additionally, my “followers” and I would be guilty of “proximate material complicity” as well as “remote material complicity” (p. 16). Unfortunately, this broad condemnation is based on a misconception of my actual position.An additional problem involves Brown’s use of a quotation he attributes to me: [End Page 203]Once embryonic stem cells are used to successfully validate iPS cells, they will no longer be needed and their association with iPS cells will lie in the past. Is there not an element of sadness and resignation in accepting something (iPS cells) associated with an unjust act (destruction of an... (shrink)

For a while in this article it seems impossible to articulate a compelling reason for refraining from killing an innocent stranger with the press of a button when this would earn one a small prize and would be done with absolutely guaranteed immunity from any punishment or other harm (including even an instantaneous elimination of any chance of a guilty memory, achieved through hypnosis, and an ironclad commitment from God not to condemn the killing). After many failed attempts, a (...) compelling reason for not pushing the button is finally articulated. A distinction is demonstrated between merely apparent, mistaken desires and real desires. One might, for example, have merely an apparent, mistaken desire to be drinking the stuff in a mug of hot mud if one mistakenly believed that the stuff was hot chocolate. One would not really desire to be drinking that stuff. A desire, which must always be based on some belief about what its object is like, would always be open to correction along with the belief on which it depended. This realisation leads to the sweeping principle that one can only really desire what one would be desiring with a hypothetical perfect grasp of all that is involved. If one desires something only because of not fully grasping what that thing is, then one does not really desire it. What one really desires, then, regarding this stranger and pushing the button has to be what one would desire if fully experiencing, among other things, the entire value of the stranger's life from his own as well as every other angle along with the small value for oneself of the prize received on killing him. This equal concern for all is morality, and what is compelling in morality is that what it commands is what everyone really desires. (shrink)

Provides an opinionated overview of some recent debates within the ethics of war.

In this dissertation, I aim to develop and defend a novel, pragmatist approach to foundational questions about meaning, especially the meaning of deontic moral vocabulary. Drawing from expressivists and inferentialists, I argue that meaning is best explained by the various kinds of norms that govern the use of a vocabulary. Along with inferential norms, I argue we must extend our account to discursive norms that govern normative statuses required to felicitously utter certain speech-acts—norms of authority—and the transitions in normative (...) statuses affected by speech-acts—pragmatic norms. These structural discursive norms differentiate discursive practices and account for distinctive features such as objectivity and motivational import that some have and others lack. The structure exhibited by a practice is then explained in terms of its utility, making it possible to see how different discursive practices are answerable to the different needs and purposes of the discursive beings who use them. I call the resulting explanatory framework a pragmatic analysis of linguistic meaning (PALM). -/- Turning my attention to moral “ought,” I argue that the structural discursive norms of moral discourse differentiate it from other objective discourses, like empirical discourse, on the one hand, and from other normative discourses, like prudential discourse, on the other. Drawing on work in evolutionary psychology and anthropology, I complete the PALM with an account of moral discourse a meta-normative practice with a metacoordinative function. Its utility for the discursive beings who use it lies in its enabling them to remedy certain tensions and instabilities that arise in their other coordinative, normative practices in a way that minimizes the risk of domination by alpha-type freeriders, the fracturing of social groups, and individual defection from cooperative endeavors. -/- In the final two chapters, I leverage the account to defend a pragmatist-friendly notion of objectivity in terms of a structure of distributed epistemic authority according to which no claim within a practice is ultimately authoritative or immune from challenge and to reconcile this sense of objectivity with a persistent pressure toward a kind of relativism that restricts the standing to make moral claims to members of the relevant communities. (shrink)

Free Will & The Tragic Predicament : Making Sense of Williams -/- The discussion in this paper aims to make better sense of free will and moral responsibility by way of making sense of Bernard Williams’ significant and substantial contribution to this subject. Williams’ fundamental objective is to vindicate moral responsibility by way of freeing it from the distortions and misrepresentations imposed on it by “the morality system”. What Williams rejects, in particular, are the efforts of “morality” to (...) further “deepen” or “refine” the notion of the voluntary, with a view to securing “ultimate justice”. It is these aims and aspirations, he argues, that take us to the precipice of scepticism. In Shame and Necessity (1993) Williams advances a vindicatory genealogy that unmasks the “illusions” and “fantasies” of our current ethical ideas as they relate to agency and responsibility. What we are then left with is the task of “recasting our ethical conceptions” . It is here that Williams is especially insistent on the importance and value of historical consciousness and reflection. The role of our reflections about the Greeks and tragedy is precisely to show that in order to move forward, into the future, we need to first look back at where we have come from. The value of these “untimely” observations is that they provide us with alternatives and options that we might otherwise lack. What we discover, when we consider the Greeks, is their commitment to a “pessimism of strength” that rests on rejecting scepticism. It is this two-sided perspective on our ethical predicament that delivers a more truthful account of our human situation, one that will help us discard those illusions and fantasies of "morality" that we are “better off” without. An account of this kind refuses to accept an optimism that insists that any form of responsible ethical life must be one that is immune to the influence of luck and fate. This is the fundamental lesson that we can learn from the ancient Greeks and that Williams seeks to “recover” for us. (shrink)

To vindicate morality against skeptical doubts, Kant must show that agents can be moved to act independently of their sensible desires. Kant must therefore answer a motivational question: how does an agent get from the cognition that she ought to act morally to acting morally? Affectivist interpretations of Kant hold that agents are moved to act by feelings, while intellectualists appeal to cognition alone. To overcome the significant shortcomings of each view, I develop a hybrid theory of motivation. My central (...) interpretive claim is that Kant is a special kind of motivational internalist: on his view, agents are moved to act by a feeling of intellectual pleasure at the prospect of accomplishing a task they have set for themselves, a feeling that originates in free choice. The resulting theory is immune to the challenges facing intellectualism and affectivism, thus strengthening the prospects of Kant’s justification of morality. (shrink)

I argue that recent attempts to deflect Access Problems for realism about a priori domains such as mathematics, logic, morality, and modality using arguments from evolution result in two kinds of explanatory overkill: the Access Problem is eliminated for contentious domains, and realist belief becomes viciously immune to arguments from dispensability, and to non-rebutting counter-arguments more generally.

The period known as the “War on Terror” has prompted a revival of interest in the idea of moral dilemmas and the problem of “dirty hands” in public life. Some contend that a policy of targeted killing of terrorist actors is (under specified but not uncommon circumstances) an instance of a dirty-handed moral dilemma – morally required yet morally forbidden, the least evil choice available in the circumstances, but one that nevertheless leaves an indelible moral stain on (...) the character of the person who makes the choice. In this chapter we argue that, while dirty hands situations do exist as a persistent problem of political life, it is generally a mistake to classify policies of target killing (such as the current US policy) as examples of dirty hands. Instead, we maintain, such policies, if justified at all, must ordinarily be justified under the more exacting standards of just war theory and its provisions for justified killing – in particular the requirement that (with limited and defined exceptions) non-combatants be immune from intentional violence. Understanding this distinction both clarifies the significance of dirty hands as a moral phenomenon and also forestalls a set of predictable and all-too-easy appropriations of the concept to domains it was never intended to address. (shrink)

An increasing vaccine hesitancy among parents, which has resulted in insufficient rates of immunization, provides reason to reconsider childhood vaccination practices. Studies suggest that parents’ decision-making process concerning whether to vaccinate their child is highly influenced by cognitive biases. These biases can be utilized to increase vaccination uptake via changes in the choice context. This article considers childhood vaccination programmes, which involve children being vaccinated in school or daycare unless their parents actively “opt out”. We suggest that such programmes reconcile (...) parents’ decisional authority and vaccination duties. First, opt-out childhood vaccination based in schools or daycare centres are not disrespectful of parental authority. Second, the programme aligns the default setting with a moral obligation to vaccinate one’s child that most parents have. (shrink)

This paper makes two essential claims about the nature of shame and shame punishment. I argue that, if we properly understand the nature of shame, that it is sometimes justifiable to shame others in the context of a pluralistic multicultural society. I begin by assessing the accounts of shame provided by Cheshire Calhoun (2004) and Julien Deonna, Raffaele Rodogno, & Fabrice Teroni (2012). I argue that both views have problems. I defend a theory of shame and embarrassment that connects both (...) emotions to “whole-self” properties. Shame and embarrassment, I claim, are products of the same underlying emotion. I distinguish between moralized and nonmoralized shame in order to show when, and how, moral and non-moral shame may be justly deployed. Shame is appropriate, I argue, if and only if it targets malleable moral or non-moral normative imperfections of a person’s ‘whole-self.’ Shame is unjustifiable when it targets durable aspects of a person’s “whole-self.” I conclude by distinguishing shame punishments from guilt punishments and show that my account can explain why it is wrong to shame individuals on account of their race, sex, gender, or body while permitting us to sometimes levy shame and shame punishment against others, even those otherwise immune to moral reasons. (shrink)

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

Background: Adequate immunity to COVID-19 apparently cannot be attained in Germany by voluntary vaccination alone, and therefore the introduction of mandatory COVID-19 vaccination is still under consideration. We present findings on the potential acceptance of such a requirement by the German population, and we report on the reasons given for accepting or rejecting it and how these reasons vary according to population subgroup. -/- Methods: We used representative data from the Socio-Economic Panel for the period January to December 2021. (...) We linked the respondents’ answers concerning mandatory COVID-19 vaccination to information about their sociodemographic characteristics, state of health, political attitudes, and degree of confidence in the judicial and political systems. We analyzed these data using univariate, bivariate, and multivariate statistical methods. -/- Results: Just over half of the respondents (50.44% [49.08%; 51.79%]) favored mandatory COVID-19 vaccination. Among the supporters, the reason most frequently given (95.22% [94.45; 96.00]) was that, without such a requirement, not enough people would be vaccinated. Among the opponents of mandatory COVID-19 vaccination (49.56% [48.21%; 50.92%]), by far the most common reason given for opposing it was a desire to uphold individual freedom (91.36% [90.31%; 92.40%]). Persons supporting mandatory COVID-19 vaccination, on average, older than those who opposed it; they less commonly had an education beyond secondary school, were less healthy, tended to have no children, had centrist political views, and expressed more confidence in the political system. The largest difference between the two groups was that about 90% of supporters of mandatory COVID-19 vaccination were themselves vaccinated, compared to only about 62% of opponents. -/- Conclusion: The lack of consensus on this issue among politicians and physicians in Germany is reflected in a similar lack of consensus in the German population as a whole. A discussion of the appropriate understanding of individual freedom would be the most promising way to widen the acceptance of mandatory COVID-19 vaccination. A commonly expressed conception of freedom that permits the deliberate endangerment of other people’s health seems morally questionable. -/- DOI: 10.3238/arztebl.m2022.0174. (shrink)

Bernard Williams articulated his later political philosophy notably in response to Ronald Dworkin, who, striving for coherence or integrity among our political concepts, sought to immunize the concepts of liberty and equality against conflict. Williams, doubtful that we either could or should eliminate the conflict, resisted the pursuit of conceptual integrity. Here, I reconstruct this Dworkin–Williams debate with an eye to drawing out ideas of ongoing philosophical and political importance. The debate not only exemplifies Williams's political realism and its connection (...) to his critique of the morality system. It also illustrates the virtues and hazards of contemporary efforts to ameliorate or engineer our concepts; it indicates what political philosophy might look to in appraising political concepts; it adverts to the different needs these concepts have to meet if they are to sustain a politics of pluralism, deal with polarization, and secure the consent of those who end up on the losing side of political decisions; and it presents us with two starkly contrasting conceptions of politics itself, of the place of political values within it, and of our prospects of reducing the uncomfortably conflictual character of those values through philosophy. (shrink)

Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision (...) of public goods, however, are sufficient to justify such rights violations and this form of conscription, and it calls into question the suitability of current international legal protections for the non-uniformed. (shrink)

In a recent paper published in this journal, Giubilini, Douglas and Savulescu argue that we have given insufficient weight to the moral importance of fairness in our account of the best policies for non-medical exemptions to childhood immunization requirements. They advocate for a type of policy they call Contribution, according to which parents must contribute to important public health goods before their children can receive NMEs to immunization requirements. In this response, we argue that Giubilini, Douglas and Savulescu give (...) insufficient weight to the moral importance parental liberty in ways that count against their preferred type of NMEs policy and threaten public support for mandatory vaccination laws and public health initiatives generally. (shrink)

J. L. Mackie famously argued that a commitment to non-existent objective values permeates ordinary moral thought and discourse. According to a standard interpretation, Mackie construed this commitment as a universal and indeed essential feature of moral judgments. In this paper I argue that we should rather ascribe to Mackie a form of semantic pluralism, according to which not all moral judgments involve the commitment to objective values. This interpretation not only makes better sense of what Mackie actually (...) says, but also renders his error theory immune to a powerful objection. (shrink)

Contributions to COVID-19 vaccination programmes promise valuable collective goods. They can support public and individual health by creating herd immunity and taking the pressure off overwhelmed public health services; support freedom of movement by enabling governments to remove restrictive lockdown policies; and improve economic and social well-being by allowing businesses, schools, and other essential public services to re-open. The vaccinated can contribute to the production of these goods. The unvaccinated, who benefit from, but who do not contribute to these (...) goods can be morally criticised as free-riders. In this paper defends the claim that in the case of COVID-19, the unvaccinated are unfair free-riders. I defend the claim against two objections. First, that they are not unfair free-riders because they lack the subjective attitudes and intentions of free-riders; second, that although the unvaccinated may be free-riders, their free-riding is not unfair. (shrink)

This paper has a twofold aim. On the one hand, we will discuss the much debated question of the source of normativity (which traditionally has nature and practical reason as the two main contenders to this role) and propose a new answer to it. Second, in answering this question, we will present a new account of practical wisdom, which conceives of the ethical virtues as ultimately unified in the chief virtue of phronesis, understood as ethical expertise. To do so, we (...) will first criticize the main current view of phronesis and its bearer (the phronimos), then offer another view of the nature of phronesis and of its relation to the other ethical virtues. Our proposal should not be intended as an interpretation of Aristotle’s own view; rather, it should be seen as a broadly Aristotelian theoretical proposal, which we believe can satisfyingly address most of the problems that afflict the more traditional accounts of practical wisdom. In section 2 of this paper, after criticizing first-nature naturalistic views of moral virtue, we take practical reason to be the cornerstone of second-nature naturalistic views; in section 3, we will outline criticisms to which, in our view, the traditional views of phronesis are ill-suited to respond, and, in section 4, we will outline our view of phronesis as ethical expertise – a view which in our view is immune to the above-mentioned criticisms – by spelling out the three main tenets of phronesis as ethical expertise: a conceptual thesis, an epistemic thesis, and the educational implications of the two. Finally, we will support our proposal with some empirical evidence taken from cognitive science. (shrink)

El consentimiento informado del paciente se inserta en el ámbito de su autonomía decisoria. Aunque presenta un sustrato corporal, este aparece combinado con elementos de índole moral que presuponen una noción concreta de persona como libre y autónoma. Tanto de las definiciones doctrinales como del material normativo se desprende que se trata de una posición jurídica subjetiva del paciente, alternativamente calificada como una “pretensión” o “derecho subjetivo en sentido estricto”, en términos hohfeldianos; un “derecho negativo de defensa”, o una (...) “inmunidad”. En España, el Tribunal Constitucional ha vinculado el consentimiento informado del paciente al derecho fundamental a la integridad física y moral (15 CE), lo cual permite plantear el análisis en clave iusfundamental. Con todo, se advierten dudas e incompatibilidades entre la explicación habitual del consentimiento informado, su fundamento constitucional y su regulación jurídica. El objetivo del presente libro consiste en proporcionar una definición integral del consentimiento informado como derecho subjetivo del paciente y como manifestación de un derecho fundamental, a partir de una óptica poliédrica que aporta certeza en la práctica asistencial y jurídica. // The patient's right to informed consent is inserted within the scope of his decisional autonomy. Although it has a bodily background, it is combined with features of moral nature, which presupposes a concrete notion of the person as free and autonomous. Both, doctrinal approaches and normative legal material show that it is a subjective legal position of the patient, being alternatively qualified as a Hohfeldian “claim” or a “subjective right in a strict sense”; a "negative right" or an "immunity." The Spanish Constitutional Court has linked the informed consent of the patient to the fundamental right to physical and moral integrity (15 CE), which allows us to propose a fundamental rights-based analysis. Nonetheless, doubts and inconsistencies are perceived between the customary explanation of informed consent, its constitutional foundation and its legal regulation. The aim of this book is to provide a comprehensive definition of informed consent as subjective right of the patient and expression of a fundamental right, from a multi-fold perspective that provides certainty in both legal and health care practice. (shrink)

Many manipulation arguments against compatibilism rely on the claim that manipulation is relevantly similar to determinism. But we argue that manipulation is nothing like determinism in one relevant respect. Determinism is a "universal" phenomenon: its scope includes every feature of the universe. But manipulation arguments feature cases where an agent is the only manipulated individual in her universe. Call manipulation whose scope includes at least one but not all agents "existential manipulation." Our responsibility practices are impacted in different ways by (...) universal and existential phenomena. And this is a relevant difference, especially on Strawsonian approaches to moral responsibility, which take facts about our responsibility practices to be deeply connected to the nature of responsibility itself. We argue that Strawsonian accounts of moral responsibility are immune to manipulation arguments, and no attempt to modify the scope of manipulation or determinism featured in these arguments will help incompatibilists secure their desired conclusion. (shrink)

I argue that it’s quite comprehensible to get upset about metaethical nihilism, to indulge what I call nihilistic despair. When we lose the objective moral or normative point of view, we lose the promise of luck-immune guidance and categorical importance, things many of us hope for. This is all quite Williams-friendly, but I reject his puzzling but suggestive remarks that nihilistic despair must be a self-pitying muddle. Finally, I argue that internalism about reasons is even more depressing than outright (...) nihilism, in one way at least. (shrink)

Now it is plain that such consequences as these conflict sharply with common-sense notions of morality. If we had been obliged to accept Psychological Egoism, in any of its narrower forms, on its merits, we should have had to say: 'So much the worse for the common-sense notions of morality!' But, if I am right, the morality of common sense, with all its difficulties and incoherences, is immune at least to attacks from the basis of Psychological Egoism.

I address the objection that the concept of racism has become overly inflated. Critics of the conceptual inflation of “racism” argue that theories of institutional racism engage in untoward conceptual inflation insofar as they undermine our moral understanding of racial phenomena, hinder our ability to explain the causes of racial inequality, and even undercut struggles for racial justice. I develop an original account of institutional racism and show that it is immune to all three versions of the conceptual inflation (...) challenge. (shrink)

Turkish Bu makalede son yıllarda deontolojik ve sonuçsalcı liberteryen yaklaşımlara destek ve alternatif olarak ortaya çıkan, liberteryen temaların yaygın olarak paylaşılan moral yargılara dayandırılmasını öngören sağduyusal etik sezgiler temelli liberteryenizm, politik otorite şüpheciliği, özel mülkiyet ve serbest piyasa başlıkları üzerinden tanıtılarak desteklenmektedir. Çalışmanın ilk bölümü, birtakım moral gerçeklere sezgisel olarak ulaşmanın olanağını ifade eden sezgici etik zeminin açıklanmasına ayrılmıştır. Ardından, bireyler ve devletin aynı moral standartları işaret eden etik sezgilere tabi olduğu fikrinden yola çıkılarak, devletin zorlayıcı doğası (...) ile karakterize olan eylemlerinin sağduyusal etik sezgilerle yaşadığı karşıtlığa işaret edilmiştir. Dolayısıyla bu bölüm aynı zamanda, devletin moral normlara karşı bağışık olduğu fikrinin dayandığı en popüler çağdaş yaklaşım olan sosyal sözleşme teorisinin problemlerini de sunmaktadır. Son olarak yaygın olarak paylaşılan etik sezgilerin, özel mülkiyet ve serbest piyasa uygulamalarını destekleyici niteliği ortaya konmuştur. English In this article, I introduce and defend libertarianism based on common- sense ethical intuitions that has emerged in recent years as a support and alternative to deontological and consequentialist libertarian approaches, and which proposes that libertarian themes be grounded in widely shared moral judgments. I devote the first part of the work to the explanation of the intuitive ethical ground, which expresses the possibility of intuitively reaching some moral facts. Then, starting from the idea that individuals and the state are subject to ethical intuitions that point to the same moral standards, I draw attention to the contrast between common-sense ethical intuitions for the actions of the state, which are characterized by the its coercive nature. In this chapter, I also discuss the problems of social contract theory, the most popular contemporary approach on which the idea that the state is immune to moral norms is based. Finally, I argue that widely-shared ethical intuitions support private property and free market practices. (shrink)

This paper has two goals: (1) to defend a particular response to the problem of resultant moral luck and (2) to defend the claim that we are only responsible for what we could have avoided. Cases of overdetermination threaten to undermine the claim that we are only responsible for what we could have avoided. To deal with this issue, I will motivate a particular way of responding to the problem of resultant moral luck. I defend the view that (...) one's degree of responsibility is immune to moral luck but the scope of events for which one is responsible is subject to moral luck. I will then argue that this view allows us to explain away certain intuitions about responsibility and overdetermination (as well as similar intuitions regarding Frankfurt Cases). As a result, the claim that we are only responsible for what we could have avoided becomes significantly more plausible. (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to (...) skeptical doubt. The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

In a recent article, David Hunt has proposed a theological counterexample to the principle of alternative possibilities involving divine foreknowledge (G-scenario). Hunt claims that this example is immune to my criticism of regular Frankfurt-type counterexamples to that principle, as God’s foreknowing an agent’s act does not causally determine that act. Furthermore, he claims that the considerations which support the claim that the agent is morally responsible for his act in a Frankfurt-type scenario also hold in a G-scenario. In reply, Icontest (...) Hunt’s symmetry claim and also raise a worry whether, given theological fatalism, the agent’s act in a G-scenario can be deemed a free act in the libertarian sense. Finally, I offer an independent argument why in a G-scenario the agent should not regarded morally blameworthy for his act. (shrink)

In his paper ‘A libertarian case for mandatory vaccination’, Jason Brennan argues that even libertarians, who are very averse to coercive measures, should support mandatory vaccination to combat the harmful disease outbreaks that can be caused by non-vaccination. He argues that libertarians should accept the clean hands principle, which would justify mandatory vaccination. The principle states that there is a (sometimes enforceable) moral obligation not to participate in collectively harmful activities. Once libertarians accept the principle, they will be compelled (...) to support mandatory vaccination. In my paper, I argue that the cases Brennan uses to justify this principle are disanalogous to the case of non-vaccination and that they are not compelling to libertarians. The cases Brennan offers can be explained by a libertarian using the individual sufficiency principle: which states that if an individual’s action is sufficient to cause harm, then there is a (sometimes enforceable) moral obligation not to carry out that action. I argue that this principle is more appropriate to Brennan’s examples, and more appealing to the libertarian, than the clean hands principle. In order to get libertarians to accept the clean hands principle, I present a modified version of one of Brennan’s cases that is analogous to the case of non-vaccination. Using this case, I argue that whether the clean hands principle will justify mandatory vaccination is dependent on whether the herd immunity rate in a given population is approaching a threshold after which a collective risk of harm will be imposed onto others. (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)

This Open Access book shows how value sensitive design (VSD), responsible innovation, and comprehensive engineering can guide the rapid development of technological responses to the COVID-19 crisis. Responding to the ethical challenges of data-driven technologies and other tools requires thinking about values in the context of a pandemic as well as in a post-COVID world. Instilling values must be prioritized from the beginning, not only in the emergency response to the pandemic, but in how to proceed with new societal precedents (...) materializing, new norms of health surveillance, and new public health requirements. -/- The contributors with expertise in VSD bridge the gap between ethical acceptability and social acceptance. By addressing ethical acceptability and societal acceptance together, VSD guides COVID-technologies in a way that strengthens their ability to fight the virus, and outlines pathways for the resolution of moral dilemmas. This volume provides diachronic reflections on the crisis response to address long-term moral consequences in light of the post-pandemic future. Both contact-tracing apps and immunity passports must work in a multi-system environment, and will be required to succeed alongside institutions, incentive structures, regulatory bodies, and current legislation. This text appeals to students, researchers and importantly, professionals in the field. (shrink)

In a recent article Yvonne Chiu argues that nonuniformed combat is impermissible. However, her argument that by fighting without uniforms nonuniformed guerillas coerce civilians into participating in the armed conflict and thus into surrendering their immunity (their right not to be attacked) fails: there is no coercion, no participation, and no surrendering of immunity. Yet even if this argument of hers were correct, it would still not show that such “coercion” would amount to a rights infringement. Moreover, even (...) if it did, there are examples that show that such an infringement would sometimes be perfectly justified. Finally, if she were right that forcing civilians into a moral position that they have not accepted or chosen is absolutely wrong, then this would affect the moral status of uniformed combatants no less than it would affect the moral status of nonuniformed ones. (shrink)

Kant makes a much-unexpected confession in a much-unexpected place. In the Criticism of the third paralogism of transcendental psychology of the first Critique Kant accepts the irrefutability of the Heraclitean notion of universal becoming or the transitory nature of all things, admitting the impossibility of positing a totally persistent and self-conscious subject. The major Heraclitean doctrine of panta rhei makes it impossible to conduct philosophical inquiry by assuming a self-conscious subject or “I,” which would potentially be in constant motion like (...) other thoughts. For it rules out the possibility of completely detached reasoning which necessitates an unchanging state of mind. In this paper, Kaplama uses panta rhei to critically examine the philosophical shortcomings and contradictions of Kantian and Enlightenment ethics. In his examination, he specifically focuses on the teleological nature of Kant’s principle of freedom and ideal of moral autonomy which have dominated the Enlightenment thought. By doing so, he argues that it is essentially inaccurate to posit Überlegenheit (the state of being superior to nature) as the foundation of philosophical inquiry mainly because this would contradict the Enlightenment’s claim to constitute a rupture from classic and medieval metaphysics and would render Enlightenment a mere extension of Christian metaphysics. As in Christianity, Überlegenheit presupposes two separate realms, the actual (contingent) and ideal (pure) realms of thought and assumes that the transcendence commences from the level of the late metaphysical/teleological construction of the ‘subject’ who is completely persistent, self-conscious and immune to change. He then substantiates these points with reference to the philosophical roots of ethnic prejudice displayed by the post-Enlightenment colonialists and the missionaries in Fiji and the Pacific. This brief critical examination of the post-Enlightenment ethnocentrism will be conducted under the following three points: a) On the Enlightenment’s teleological and universalistic understanding of humanity and the concept of progress versus the Fijian concepts of the continuity of life, regeneration, and reproduction b) On the Enlightenment’s ideal of the free-willing and independent individual subject versus the Fijian ideas of 'the cord', reciprocity, and vanua, and c) On the Enlightenment’s (and Christianity’s) strict dualism between physics and metaphysics, nature and human mind, body and soul versus the Fijian bio-centrism, the sanctity of vanua and the cosmological concept of mana. (shrink)

A drone industry has emerged in the US, initially funded almost exclusively for military applications. There are now also other uses both governmental and commercial. Many military drones are still being made, however, especially for surveillance and targeted killings. Regarding the latter, this essay calls into question their legality and morality. It recognizes that the issues are complex and controversial, but less so as to the killing of non-combatant civilians. The government using drones for targeted killings maintains secrecy and appeals (...) to non-traditional justifications. Most scholars who assess these killer drone practices support citizen immunity, either by favoring a modified just war theory that prioritizes civilians’ right to life or by challenging official deviations from applicable laws. They accordingly declare such killing immoral if not a war crime. The manufacturers of these killer drones are not themselves the killers, but they are abetters, i.e., sine qua non facilitators. So, I argue that any company concerned about its corporate social responsibility should cease manufacturing them. (shrink)

Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to (...) these critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse. (shrink)

Modern analytical just war theory starts with Michael Walzer's defense of key tenets of the laws of war in his Just and Unjust Wars. Walzer advocates noncombatant immunity, proportionality, and combatant equality: combatants in war must target only combatants; unintentional harms that they inflict on noncombatants must be proportionate to the military objective secured; and combatants who abide by these principles fight permissibly, regardless of their aims. In recent years, the revisionist school of just war theory, led by Jeff (...) McMahan, has radically undermined Walzer's defense of these principles. This essay situates Walzer's and the revisionists’ arguments, before illustrating the disturbing vision of the morality of war that results from revisionist premises. It concludes by showing how broadly Walzerian conclusions can be defended using more reliable foundations. (shrink)

This paper explores whether terrorist violence could be morally justified or excused. It defends the absolute immunity of innocent people against those who might want to sacrifice them for other goals. The defense is based on recognizing people’s stringent natural duty of nonmaleficence, which entails an obligation on moral agents to refrain from intentionally bringing about harm or significant risk of it to the innocent. The paper is divided into two parts. The first part distinguishes between unconditional and (...) conditional critics’ arguments regarding the use of terrorist violence, and between a narrow and a broad definition of terrorism. While unconditional critics accept the narrow definition or one akin to it because they equate terrorism with murder, conditional critics accept the broad definition or one akin to it because they attempt to justify or excuse the use of terrorism based, e.g., on an analogy with a just war approach, consequentialism, moral relativism, supreme emergency or last resort. Exception is taken with the latter arguments since they attempt to justify or excuse morally unjustifiable and inexcusable actions such as the deliberate use of violence against the innocent. The second part explores plausible conditional critics’ reasons for justifying or excusing the 9/11/01 attacks and find them wanting. If the argument works, then, with minor modifications, it could also apply to the 3/11/04 attacks in Madrid, the 7/7/05 attacks in London, and similar attacks elsewhere. (shrink)