Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which (...) suggests that this account fails. I then propose a new account of sanctioning, whereby an action is a token of sanctioning if, and only if, it is performed in an appropriate context and is apt for punishing wrongdoers. (shrink)

I here press an often overlooked question: Why does the fairness of a sanction require an adequate opportunity to avoid it? By pressing this question, I believe I have come to better understand something that has long puzzled me, namely, what philosophers (and others) might have in mind when they talk about “true moral responsibility,” or the “condemnatory force” of moral blame, or perhaps even “basic desert.” In presenting this understanding of “condemnation” or of “basic desert,” I am presenting an (...) idea that I do not, myself, endorse—one to which I am, myself, opposed. I present and defend it, hoping that, if what I say accurately captures what people have in mind, it will also show how condemnation or desert, in this sense, can be left behind. (shrink)

Economic sanctions are envisaged as a sort of punishment, based on what should be an institutional decision not unlike a court ruling. Hence, the conditions for their lifting should be clearly stated and once those are met sanctions should be lifted. But this is generally not what happens, and perhaps is precluded by the very nature of international sanctioning. Sanctions clearly have political, economic, military and strategic consequences, but the question raised here is whether sanctions can (...) also have moral justification. Illustrated by the example of international sanctions against Yugoslavia, the authors show how the process of escalating demands on a target country, inherent to the very process of sanctioning, can lead ultimately even to overt aggression. As a result of this logic of escalation, economic sanctions cannot be articulated properly in any law-like system. Economic sanctions have much more in common with war than legal punishment, and in fact represent a form of siege. As such, they cannot be ended simply on the basis of their initial rationale, for the very process of sanctions implementation opens up possibilities for setting new goals and a continuous redefinition of the goal that sanctions are seen to have. (shrink)

Sanctions such as those applied by the United Nations against Yugoslavia, or rather the actions of implementing and maintaining them, at the very least implicitly purport to have moral justification. While the rhetoric used to justify sanctions is clearly moralistic, even sanctions themselves, as worded, often include phrases indicating moral implication. On May 30, 1992, United Nation Security Council Resolution 757 imposed a universal, binding blockage on all trade and all scientific, cultural and sports exchanges with Serbia (...) and Montenegro. In addition to expressing the usual "concern' and "dismay" regarding various events, the language of this Resolution also includes, on three occasions, unmistakably moral language "deploring" failures in meeting the demands of earlier resolutions.' There is no question that sanctions have political, economic, military and trategic consequences for the sanctioned state, perhaps exactly as desired by the sanctioning party. However, the question raised in this essay is whether in addition to these consequences, sanctions also produce morally reprehensible consequences that undermine their often-cited moral justification. If so, international economic sanctions are an immoral means of achieving primarily political goals. Six morally significant consequences are: 1) The unethical, elevated susceptibility of the sanctioned to olitical (and other forms of) manipulation, 2) the inherent and unjust paternalism in the process of sanctioning, 3) the abandonment of strict moral criteria on virtually all levels of evaluation, primarily inside the sanctioned country, but also in sanctioning states best exhibited in the attitudes toward the sanctioned, 4) the general decline in moral consciousness, 5) the subsequent rise of many forms of violence within the sanctioned state in connection with the increase in lawlessness, and a general decline of expectations in all areas of life, and 6) the continual, arbitrary redefining of conditions for a final lifting of sanctions. In light of this moral phenomenology we shall argue that sanctions, lacking in moral justification, are simply a means for achieving the mentioned immoral goals. Furthermore, the argument will be that sanctions are a form of siege and, as such, an act of war, requiring the sort of justification that would be needed to justify a war. (shrink)

I argue that contemporary artists fix the features of their works not only through their actions of making and presenting objects, but also through auxiliary activities such as corresponding with curators and institutions. I refer to such fixing of features as the artist’s sanction: artists sanction features of their work through publicly accessible actions and communications, such as making a physical object with particular features, corresponding with curators and producing artist statements. I show, through an extended example, that in order (...) to grasp the nature of contemporary artworks, and thus be in a position to interpret them, we must attend to the features the artist has sanctioned. However, this does not amount to saying that the artist’s intention fixes the features of the work. While related to intentions, sanctions are not identical to them; and, indeed, the features the artist has sanctioned may conflict, in some cases, with those she intended. I distinguish my view from actual and hypothetical intentionalism and show that considering the artist’s sanction does not force us to accept any particular interpretation of the work. I also show that, while it has special relevance to our understanding of contemporary artworks, the notion of the sanction is in fact relevant to traditional Western art as well. (shrink)

The article provides a critical assessment of The Central Bank of the Russian Federation policy in response to the sanctions of the US, the EU, the UK, Switzerland, Japan, South Korea and a number of other countries. The effect of sanctions on the Russian economy and its financial market is viewed through the prism of credit, interest rate, and currency risk, and the risk of a decline in business activity. Special attention is paid to the inflationary component and (...) inflationary expectations of the Russian Federation, as well as to the forecasts for a decline in business activity in Russia. A critical assessment is given to the actions of the Central Bank of the Russian Federation and the economic bloc of the government of the Russian Federation as a whole in response to the sanctions of the civilized world, which disable the normal existence of the economy and the main purpose of which is not to destroy the economy of the Russian Federation but to ensure the end of hostilities on the European continent. The results of our study will be useful to everyone who studies the problems of the effect of economic sanctions on the resource-based economy and the processes of stimulating political decisions by economic methods. (shrink)

Avia Pasternak argues for a right that democracies have to sanction other democracies. This paper reconstructs her argument and objects to one of its premises.

Cambodia’s GDP contributed 0.03 percent of the world economy. Cambodia economy has grown around seven percent. Cambodia’s economy was led by growth in garment exports. Cambodia’s economy was related with other countries through exports and imports. The Trump administration has imposed visa sanctions against Cambodia and likely to make economic sanction on Cambodia. To understand the potential impact of the sanction, a research into “Potential Impact of Foreign Sanction on Cambodia’s Economy” has been proposed. Two research objectives were (1) (...) to analyze potential impacts of foreign investment in Cambodia and (2) to analyze potential impacts on employment of Cambodians. This research focuses only trade sanction that limits or potential restriction of textile, clothing and footwear export from Cambodia to EU and US as independent that would potentially impact on seven independent variables including garment and footwear valued added to GDP, Cambodia’s exports, products exported to US and EU, worth of textile, clothing and footwear exports, garment and footwear investment factories, employments in garment and footwear, workers’ wages in garment factories and footwear factories. The secondary data was collected. The data was collected from varied sources. After the data and information collected, data entry was done into MS excel. The descriptive statistics like table and bar-charts were used for this research. The research found out that Cambodia’s economy was likely to be negatively impact from EU’s and US’s sanctions on Cambodia. The impacts included reduction of GDP value, potential loss of Cambodia export of textile, closure of garments and footwear factories, unemployment and loss of workers’ incomes in textile, clothing factories and footwear factories. There are some recommends: maintaining good relation with EU and US, exploring new markets of garments and footwear products, exploring impact of the close of visa of some top government officials to US on Cambodia’s economy, the impacts of products imported from EU on Cambodia. The more studies on other scenario of sanction on Cambodia and indirect impact and impacts of foreign aid reduction or withdrawal on Cambodia’s economy should be done. (shrink)

The article analyses the impact of the sanctions of civilized countries on the Russian economy. Particular attention is paid to sectoral sanctions on the markets of oil and oil products, in the banking and financial sectors, as well as on the market of transport services. The authors analysed the prospects for expanding sanctions on the oil market for Russia in the context of setting a maximum price for the export of Russian oil by the main buyers. Conclusions (...) are drawn not only about the impact of sanctions on Russian oil production, but also about a possible decrease in prices for oil and other energy resources in the region. The authors positively assessed the US and EU anti-Russian sanctions in the financial sector. The impact of sanctions on the Russian banking system, insurance, and stock markets was studied. Particular attention was paid to the impact of disconnecting the banking system of the Russian Federation from the international payment system SWIFT. The authors also focused on the gradual division of the Russian economy under the influence of sanctions and trends in the energy market into the energy sector and the rest. It was found that the most affected by the sanctions were air transportation, mechanical engineering, and ferrous metallurgy sectors. Conclusions are drawn about the need to continue sanctions pressure on the Russian economy. High energy prices during the 200 days of the war with Ukraine allowed the Russian Federation to subsidize economic sectors that suffered from the war at the expense of the energy sector. A market reduction of the oil prices or their correction with the help of the sanctions policy should cause significant and irreversible damage to the Russian economy. (shrink)

The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. (...) International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level. -/- A novel approach to the problem, of sub-national actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. (shrink)

In response to Russia’s full-scale invasion of Ukraine, many international sports organisations banned not just athletes from representing Russia, but also their participation in the competitions. I examine the ethical justifiability of such individual-targeting sports sanctions through just war theory and consequentialism. I argue that just war theory judges such individual-targeting sports sanctions as ethically wrong for targeting athletes who are not agents of strategic threat, and for failing to minimise harm when feasible. I argue that consequentialism also (...) judges such sanctions as wrong if quantitative empirical findings about economic sanctions were to be generalised to individual-targeting sports sanctions. When not referring to such evidence, consequentialism is either neutral about such sanctions, or unable to produce useful judgements due to empirical uncertainties. Based on the above considerations, we have stronger reasons to believe that such sanctions are wrong than otherwise. (shrink)

This article opens with the consequentialist–deontologist debate, with the former concerned about the relevance of punitive measures against their crime reducing potentials, while the latter highlights punishment as censure of wrongful acts and the proportion of the punishment to the degree of crime. The article briefly discusses the empirical research on the impact of penal sanctions and focuses on three main kinds of empirical research into possible general deterrent effects—namely, association studies, quasi-experimental studies, and contextual and perceptual studies. It (...) addresses the methodological issues involved in deterrence research and summarizes the results precisely. This article also discusses reductivism in the view of the possibility that penal sanctions could influence the offender's will. The results suggest that crime preventive aims can justify sentencing policies only to a limited degree, at least for the foreseeable future. (shrink)

This article opens with the consequentialist–deontologist debate, with the former concerned about the relevance of punitive measures against their crime reducing potentials, while the latter highlights punishment as censure of wrongful acts and the proportion of the punishment to the degree of crime. The article briefly discusses the empirical research on the impact of penal sanctions and focuses on three main kinds of empirical research into possible general deterrent effects—namely, association studies, quasi-experimental studies, and contextual and perceptual studies. It (...) addresses the methodological issues involved in deterrence research and summarizes the results precisely. This article also discusses reductivism in the view of the possibility that penal sanctions could influence the offender's will. The results suggest that crime preventive aims can justify sentencing policies only to a limited degree, at least for the foreseeable future. (shrink)

A Critical Notice of Economic Statecraft: Human Rights, Sanctions, and Conditionality, by Cécile Fabre.

A book chapter (about 7,000 words, plus references) on the interpretation of Mill’s criterion of right and wrong, with particular attention to act utilitarianism, rule utilitarianism, and sanction utilitarianism. Along the way, major topics include Mill’s thoughts on liberalism, supererogation, the connection between wrongness and punishment, and breaking rules when doing so will produce more happiness than complying with them will.

It is widely assumed that emotions are evaluative. Moreover, many authors suppose that emotions are important or valuable as evaluations. According to the currently dominant version of cognitivism, emotions are evaluative insofar as they make us aware of value properties of their intentional objects. In attributing to emotions an epistemic role, this view conceives of them as epistemically valuable. In this paper, I argue that proponents of this account mischaracterize the evaluative character of emotions and, a fortiori, their value. Moreover, (...) I propose an alternative view of emotional evaluation, according to which emotions are practically rather than epistemically important. As I argue, emotions are ways of acknowledging their intentional objects as (dis)valuable. As such, they do not apprehend values but make them count. I elaborate this idea by drawing an analogy with legal and political sanctions. The resulting view has it that emotions are practically important in that they affirm the cares and concerns which serve as standards of emotional evaluation. (shrink)

This paper defends an account of forgiveness that is sensitive to recent work on anger. Like others, we claim anger involves an appraisal, namely that someone has done something wrong. But, we add, anger has two further functions. First, anger communicates to the wrongdoer that her act has been appraised as wrong and demands she feel guilty. This function enables us to explain why apologies make it reasonable to forgo anger and forgive. Second, anger sanctions the wrongdoer for what (...) she has done. This function allows us to explore the moral status of forgiveness, including why forgiveness is typically elective. (shrink)

The paper offers a critique of sanctionism. According to this view, moral obligations are generated by the fear of sanctions. I argue that this view cannot capture the nature of important moral concepts and practices. I discuss in detail the practice of attributing moral responsibility to show this.

In what would become his last interview, Jacques Derrida raised the question about the legacy of his work. What would become of deconstruction after his death? -/- Derrida proposed two contradictory hypotheses: the legacy of deconstruction might be re-invested in a new philosophical undertaking that could produce new intellectual gains, or it might be deposited on a savings account – a dépôt légal – where it would attract only limited legal interest. Derrida suggested that at least part his legacy should (...) be re-invested in the development of a new European concept of international law. -/- This paper is an attempt to explore this hypothetical undertaking by translating the language of deconstruction into the language of international law. It turns out, in the course of this translation, that the relationship between international and domestic law is structured like the distinction between writing and speech – not as a conceptual distinction between equals, but as a conceptual hierarchy. While domestic law has developed organically, embodying the common sense (bon sens, gesunder Verstand) of the people, international law is an artefact, a creation of lawyers and diplomats; while domestic law is a full-fledged system, international law remains primitive – it has no basic norm, no centralized sanctioning system, no prohibition of self-help. It has no totem and taboo. -/- The narrative that supports this conceptual structure is a story of the modern, enlightened concept of civil law, the law of the contrat social. A deconstruction of this conceptual structure produces a new concept of international law that does not embrace a centralized system but challenge, uncertainty and a risk of failure – a law that has no totem and no taboo. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained (...) proceduralist’ account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

I present a challenge to epistemological pragmatic encroachment theories from epistemic injustice. The challenge invokes the idea that a knowing subject may be wronged by being regarded as lacking knowledge due to social identity prejudices. However, in an important class of such cases, pragmatic encroachers appear to be committed to the view that the subject does not know. Hence, pragmatic encroachment theories appear to be incapable of accounting for an important type of injustice – namely, discriminatory epistemic injustice. Consequently, pragmatic (...) encroachment theories run the risk of obscuring or even sanctioning epistemically unjust judgments that arise due to problematic social stereotypes or unjust folk epistemological biases. In contrast, the epistemological view that rejects pragmatic encroachment – namely, strict purist invariantism – is capable of straightforwardly diagnosing the cases of discriminatory epistemic injustice as such. While the challenge is not a conclusive one, it calls for a response. Moreover, it illuminates very different conceptions of epistemology’s role in mitigating epistemic injustice. (shrink)

Cet article s’intéresse au problème de la maintenance, c’est-à-dire au moment où les membres d’un collectif social tentent d’assurer dans le temps l’existence de leur collectif en instituant des règles pour réguler leurs comportements. Ce problème se pose avec acuité lorsque certains membres ne respectent pas ces règles communes. Pour maintenir la coopération sociale, les membres peuvent décider d’instituer des règles secondaires visant à sanctionner les transgressions des règles primaires déjà établies. La maintenance d’un collectif peut ainsi reposer sur l’émergence (...) de pouvoirs déontiques qui donnent aux membres l’autorité de légitimement punir et expulser les transgresseurs. Mais d’où viennent ces règles ? On peut penser qu’elles émergent des émotions éprouvées par les membres envers les transgresseurs. Je le démontre à l’aide d’une étude de cas qui établit que, dans le collectif Occupy Geneva, l’institutionnalisation de normes pour punir, exclure et réintégrer les déviants s’ancraient respectivement dans l’indignation, le mépris et le pardon. -/- This article focuses on the problem of maintenance; that is the moment when the members of a social collective attempt to ensure the existence of their collective over time by instituting rules to regulate their behavior. This problem becomes critical when certain members do not respect the common rules. To maintain social cooperation, members can decide to institute secondary rules aimed at sanctioning the transgressions of the already established primary rules. The maintenance of a collective can thus rely on the emergence of deontic powers that give members the authority to legitimately punish and expel transgressors. But where do these rules come from? The hypothesis is that they emerge from the emotions felt by the members towards the transgressors. I show this with the help of a case study, which establishes that the institutionalization of norms allowing the punishment, the exclusion, and the reintegration of deviants within the “Occupy Geneva” collective, was grounded in indignation, contempt, and forgiveness respectively. (shrink)

Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity of (...) formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

When it comes to epistemic normativity, should we take the good to be prior to the right? That is, should we ground facts about what we ought and ought not believe on a given occasion in facts about the value of being in certain cognitive states (such as, for example, the value of having true beliefs)? The overwhelming answer among contemporary epistemologists is “Yes, we should.” This essay argues to the contrary. Just as taking the good to be prior to (...) the right in ethics often leads one to sanction implausible trade-offs when determining what an agent should do, so too, this essay argues, taking the good to be prior to the right in epistemology leads one to sanction implausible trade-offs when determining what a subject should believe. Epistemic value—and, by extension, epistemic goals—are not the explanatory foundation upon which all other normative notions in epistemology rest. (shrink)

Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for (...) genuine complicity in the law and in morality. In defending this claim, I sketch an approach to complicity which grounds our liability for what others do not in our causal relation to their actions but in our “agency-relations” with others. In such cases, one agent can be liable for the wrongs of second agent to the extent that first authorizes the second to act at her behest. This approach fills the gap where standard causation-based accounts of complicity fail – especially in where several agents cooperatively contribute to an overdetermined harm. (shrink)

Satirical cartooning in Vietnam is subject to a complex dynamic: an increasingly liberalised and internationalised economy, and the rise of social media in a one-party state. This article examines what state-sanctioned satirical cartoons can reveal about the representation and management of political criticism in such a context. We find a growing trend of depicting corruption as a systemic problem, which is present in 45 per cent of the sample and in 70 per cent of the 20 most-viral cartoons in one (...) of Vietnam’s most popular magazines, Tuoi Tre Cuoi (Youth Humour). This trend can be interpreted as a change in the sensibility of audiences and a shift toward a more tolerant media landscape. The trend, however, may also be a worrying sign of the dual dangers of cynicism in Vietnamese politics: the development of apathy among audiences and the cynical use of art by authorities. Despite these concerns, we argue, political cartoons in Vietnam provide an important public avenue for collective political reflection and everyday social solidarity. (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections (Pereboom 2014: 153). Despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular incapacitation, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014), taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health-quarantine model (Caruso 2016, 2017a)—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own since it prioritizes prevention and social justice. -/- In Section 1, I begin by (very) briefly summarizing my arguments against free will and basic desert moral responsibility. In Section 2, I then introduce and defend my public health-quarantine model, which is a non-retributive alternative to criminal punishment that prioritizes prevention and social justice. In Sections 3 and 4, I take up and respond to two general objections to the public health-quarantine model. Since objections by Michael Corrado (2016), John Lemos (2016), Saul Smilanksy (2011, 2017), and Victor Tadros (2017) have been addressed in detail elsewhere (see Pereboom 2017a; Pereboom and Caruso 2018), I will here focus on objections that have not yet been addressed. In particular, I will respond to concerns about proportionality, human dignity, and victims’ rights. I will argue that each of these concerns can be met and that in the end the public health-quarantine model offers a superior alternative to retributive punishment and other non-retributive accounts. (shrink)

The last decade has seen an increasing number of references to quantum mechanics in the humanities and social sciences. This development has in particular been driven by Karen Barad’s agential realism: a theoretical framework that, based on Niels Bohr’s interpretation of quantum mechanics, aims to inform social theorizing. In dealing with notions such as agency, power, and embodiment as well as the relation between the material and the discursive level, the influence of agential realism in fields such as feminist science (...) studies and posthumanism has been profound. However, no one has hitherto paused to assess agential realism’s proclaimed quantum mechanical origin including its relation to the writings of Niels Bohr. This is the task taken up here. We find that many of the implications that agential realism allegedly derives from a Bohrian interpretation of quantum mechanics dissent from Bohr’s own views and are in conflict with those of other interpretations of quantum mechanics. Agential realism is at best consistent with quantum mechanics and consequently, it does not capture what quantum mechanics in any strict sense implies for social science or any other domain of inquiry. Agential realism may be interesting and thought provoking from the perspective of social theorizing, but it is neither sanctioned by quantum mechanics nor by Bohr’s authority. This conclusion not only holds for agential realism in particular, it also serves as a general warning against the other attempts to use quantum mechanics in social theorizing. (shrink)

I develop a positive interpretation of Democritus' theory of agency and responsibility, building on previous studies that have already gone far in demonstrating his innovativeness and importance to the history and philosophy of these concepts. The interpretation will be defended by a synthesis of several familiar ethical fragments and maxims presented in the framework of an ancient problem that, unlike the problem of free will and determinism, Democritus almost certainly did confront: the problem of the causes of human goodness and (...) success. I will argue that Democritus' account of the virtues and success is naturally interpreted as an intellectualist one. His focus on our intellectual powers as the source of our own agency and cause of our success led him to remarkable breakthroughs in moral psychology, including the development of a kind of cognitive-behavioral therapy for stress and anxiety, and the proposal of an autonomous source of moral sanction. (shrink)

A number of formal epistemologists have argued that perfect rationality requires probabilistic coherence, a requirement that they often claim applies only to ideal agents. However, in “Rationality as an Absolute Concept,” Roy Sorensen contends that ‘rational’ is an absolute term. Just as Peter Unger argued that being flat requires that a surface be completely free of bumps and blemishes, Sorensen claims that being rational requires being perfectly rational. When we combine these two views, though, they lead to counterintuitive results. If (...) being rational requires being perfectly rational, and only the probabilistically coherent are perfectly rational, then this indicts all ordinary agents as irrational. In this paper, I will attempt to resolve this conflict by arguing that Sorensen is only partly correct. One important sense of ‘rational’, the sanctioning sense of ‘rational’, is an absolute term, but another important sense of ‘rational’, the sense in which someone can have rational capacities, is not. I will, then, show that this distinction has important consequences for theorizing about ideal rationality, developing an account of the relationship between ordinary and ideal rationality. Because the sanctioning sense of ‘rational’ is absolute, it is rationally required to adopt the most rational attitude available, but which attitude is most rational can change depending on whether we are dealing with ideal agents or people more like ourselves. (shrink)

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on (...) each other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of reasonableness, which assigns liability instrumentally on the basis of a utilitarian calculus. Finally, Professor Fletcher examines stylistic differences between the two paradigms which may explain the modern preference for the paradigm of reasonableness. (shrink)

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with principles advocated in (...) the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (shrink)

A large part of the contemporary literature on dehumanization is committed to three ideas: (a) dehumanization involves some degree of denial of humanness, (b) such denial is to be comprehended in mental terms, and (c) whatever exact mechanisms underlie the denial of humanness, they belong in the realm of post-perceptual processing. This chapter examines (c) and argues that the awareness of minds might belong to perceptual processing. This paves the way for the possibility that dehumanization might, at least in part, (...) be a perceptual phenomenon, such that dehumanizers visually perceive the dehumanized as exhibiting lesser-than-human minds. It is perhaps unsurprising that the first systematic investigations of dehumanization approached the phenomenon as linked to contexts of war, genocide, extreme hatred, and violence. One guiding hypothesis was that dehumanizers exclude the dehumanized from a moral community of human beings, implicitly conceptualized as displaying distinct individualities and being embedded in caring interpersonal relations. By comprehending the dehumanized as deindividuated entities to which moral norms and considerations of fairness do not apply (Opotow 1990), dehumanizers are able to disengage from moral restrictions and self-sanctions (Bandura 1999). (shrink)

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

What, if anything, is fanaticism? Philosophers including Locke, Hume, Shaftesbury, and Kant offered an account of fanaticism, analyzing it as (1) unwavering commitment to an ideal, together with (2) unwillingness to subject the ideal (or its premises) to rational critique and (3) the presumption of a non-rational sanction for the ideal. In the first part of the paper, I explain this account and argue that it does not succeed: among other things, it entails that a paradigmatically peaceful and tolerant individual (...) can be a fanatic. The following sections argue that the fanatic is distinguished by four features: (4) the adoption of sacred values; (5) the need to treat these values as unconditional in order to preserve a particular form of psychic unity; (6) the sense that the status of these values is threatened by lack of widespread acceptance; and (7) the identification with a group, where the group is defined by shared commitment to the sacred values. If the account succeeds, it not only reveals the nature of fanaticism, but also uncovers a distinctive form of ethical critique: we can critique a way of understanding values not on the grounds that it is false, but on the grounds that it promotes a particular form of social pathology. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, (...) we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

In a recent paper, Nat Hansen and Zed Adams argue for an aesthetic discourse governing principle they call Hope. Inspired by the work of Stanley Cavell, they argue that when we speak with each other about the aesthetic value of an object we hope that our attitudes about the object will converge. They characterize this shared hope as involving the exercise of rational capacities in the service of sharing feelings and attitudes, and as accommodating enough to sanction even acrimonious aesthetic (...) exchanges. To establish their view, they critically discuss Nick Riggle’s view that aesthetic discourse is governed by a ‘vibing’ norm: When we speak with each other about aesthetic value we presuppose that we ought to vibe, or supportively engage with each other’s individuality. Here I argue that Hansen and Adams’s criticisms of Riggle are unconvincing and there are substantial reasons to abandon Hope. (shrink)

The ‘black box’ in Stoic axiology refers to the mysterious connection between the input of Stoic deliberation (reasons generated by the value of indifferents) and the output (appropriate actions). In this paper, I peer into the black box by drawing an analogy between Stoic and Kantian axiology. The value and disvalue of indifferents is intrinsic, but conditional. An extrinsic condition on the value of a token indifferent is that one's selection of that indifferent is sanctioned by context-relative ethical principles. The (...) value of an indifferent that does not meet this condition is normatively silenced, such that it fails to constitute a reason for action. (shrink)

In bioethics vaccine refusal is often discussed as an instance of free riding on the herd immunity of an infectious disease. However, the social science of vaccine refusal suggests that the reasoning behind refusal to vaccinate more often stems from previous negative experiences in healthcare practice as well as deeply felt distrust of healthcare institutions. Moreover, vaccine refusal often acts like an exit mechanism. Whilst free riding is often met with sanctions, exit, according to Albert Hirschman’s theory of exit (...) and voice is most efficiently met by addressing concerns and increasing the quality and number of feedback channels. If the legitimate grievances responsible for vaccine refusal are not heard or addressed by healthcare policy, further polarization of attitudes to vaccines is likely to ensue. Thus, there is a need in the bioethics of vaccine refusal to understand the diverse ethical questions of this inflammable issue in addition to those of individual responsibility to vaccinate. (shrink)

Adequate epistemic justification is best conceived as the appearance, over time, of knowledge to the subject. ‘Appearance’ is intended literally, not as a synonym for belief. It is argued through consideration of examples that this account gets the extension of ‘adequately justified belief’ at least roughly correct. A more theoretical reason is then offered to regard justification as the appearance of knowledge: If we have a knowledge norm for assertion, we do our best to comply with this norm when we (...) express as assertions only beliefs that appear to us to be knowledge. If we are doing our best, there is little point in further sanctions. So a norm of knowledge for assertion would lead to a secondary norm of justified belief as the appearance of knowledge, marking a point at which our assertions may be corrected but should not be blamed. (shrink)

In this paper, I argue for a fundamentally different kind of moral luck, Patient Moral Luck (PML). Unlike traditional moral luck, PML concerns the amount of moral consideration that different moral patients — that is, creatures (including human beings) with moral status — will be owed, independent of factors in their control. PML, I argue, entails that morality itself appears to sanction and even obligate actions which, along predictable patterns, involve repeatedly failing to equally consider certain moral patients - and (...) repeatedly the same people - over sustained periods of time, through no fault of their own. And often these people will be members of groups who are already worse off through no fault of their own, thus exacerbating unjust inequalities. I defend the existence and normative puzzle of PML by introducing the notion of “moral force” - roughly, the amount of considerative weight a given moral patient is owed by some deliberating agent or group of agents. I then argue that this will vary widely between different moral patients through no fault or credit of their own. This, I claim, is inconsistent with the intuition that supports Equal Consideration principles in moral theory. I conclude by considering how we can minimize or mitigate PML without a radically revisionary normative theory. (shrink)

This paper argues that social trust is the emergent product of a complex system of property relations, backed up by a sub-system of mutual monitoring. This happens in a context similar to Ostrom’s commons, where cooperation is necessary for the management of resources, in the absence of external authorities to enforce sanctions. I show that social trust emerges in this context because of an institutional structure that enables individuals to develop a generalized disposition to internalize the external effects of (...) their actions. This is made possible by the “patrimonial” nature of this structure. (shrink)

Respect for autonomy and beneficence are frequently regarded as the two essential principles of medical ethics, and the potential for these two principles to come into conflict is often emphasised as a fundamental problem. On the one hand, we have the value of beneficence, the driving force of medicine, which demands that medical professionals act to protect or promote the wellbeing of patients or research subjects. On the other, we have a principle of respect for autonomy, which demands that we (...) respect the self-regarding decisions of individuals. As well as routinely coming into opposition with the demands of beneficence in medicine, the principle of respect for autonomy in medical ethics is often seen as providing protection against beneficial coercion (i.e. paternalism) in medicine. However, these two values are not as straightforwardly opposed as they may appear on the surface. In fact, the way that we understand autonomy can lead us to implicitly sanction a great deal of paternalistic action, or can smuggle in paternalistic elements under the guise of respect for autonomy. -/- This paper is dedicated to outlining three ways in which the principle of respect for autonomy, depending on how we understand the concept of autonomy, can sanction or smuggle in paternalistic elements. As the specific relationship between respect for autonomy and beneficence will depend on how we conceive of autonomy, I begin by outlining two dominant conceptions of autonomy, both of which have great influence in medical ethics. I then turn to the three ways in which how we understand or employ autonomy can increase or support paternalism: firstly, when we equate respect for autonomy with respect for persons; secondly, when our judgements about what qualifies as an autonomous action contain intersubjective elements; and thirdly, when we expect autonomy to play an instrumental role, that is, when we expect people, when they are acting autonomously, to act in a way that promotes or protects their own wellbeing. I then provide a proposal for how we might work to avoid this. I will suggest that it may be impossible to fully separate paternalistic elements out from judgements about autonomy. Instead, we are better off looking at why we are motivated to use judgements about autonomy as a means of restricting the actions of patients or research subjects. I will argue that this is a result of discomfort about speaking directly about our beneficent motivations in medical ethics. Perhaps we can reduce the incentive to smuggle in these beneficent motivations under the guise of autonomy by talking directly about beneficent motivations in medicine. This will also force us to recognise paternalistic motivations in medicine when they appear, and to justify paternalism where it occurs. (shrink)

Existing approaches to campaign ethics fail to adequately account for the “arms races” incited by competitive incentives in the absence of effective sanctions for destructive behaviors. By recommending scrupulous devotion to unenforceable norms of honesty, these approaches require ethical candidates either to quit or lose. To better understand the complex dilemmas faced by candidates, therefore, we turn first to the tradition of “adversarial ethics,” which aims to enable ethical participants to compete while preventing the most destructive excesses of competition. (...) As we demonstrate, however, elections present even more difficult challenges than other adversarial contexts, because no centralized regulation is available to halt potential arms races. Turning next to recent scholarship on populism and partisanship, we articulate an alternative framework for campaign ethics, which allows candidates greater room to maneuver in their appeals to democratic populations while nevertheless requiring adherence to norms of social and political pluralism. (shrink)

My starting point is what I call the Normative Authority Conception of justification, where S is justified in their belief that p at t (to some degree n) if and only if their believing that p at t is not ruled out by epistemic norms that have normative authority over S at t. With this in mind, this paper develops an account of doxastic justification by first developing an account of the normative authority of epistemic norms. Drawing from work in (...) political philosophy, I argue that (a) the cognitive and evaluative commitments and concerns behind our actual practices of holding each other and ourselves accountable for our beliefs reveal which epistemic norms we have consented to be under, and that (b) it is because we have consented to be under the authority of these norms – by actually holding ourselves and others accountable to them – that they in turn have normative authority over us. By connecting the authority of epistemic norms to the authority we have over ourselves in this way, the resulting account of doxastic justification (i) explains why it can be appropriate to criticize, resent, or sanction someone for having unjustified beliefs, (ii) avoids the phenomena of normative alienation and normative parochialism, and (iii) respects the social and collective nature of epistemic justification. (shrink)

I argue against the standard interpretation of Aristotle’s account of ‘natural predication’ in Posterior Analytics 1.19 and 1.22 according to which only substances can serve as subjects in such predications. I argue that this interpretation cannot accommodate a number of demonstrations Aristotle sanctions. I propose a new interpretation that can accommodate them.

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with (...) defending his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)

Can taxation and the redistribution of wealth through the welfare state be conceived as a modern system of circulation of the gift? But once such a gift is institutionalized, regulated and sanctioned through legal mechanisms, does it not risk being perverted or corrupted, and/or not leaving room for genuinely altruistic motives? What is more: if the market’s utilitarian logic can corrupt or ‘crowd out’ altruistic feelings or motivations, what makes us think that the welfare state cannot also be a source (...) of corruption? To explain the standard answers to the abovementioned questions as well as their implications I will first re-examine two opposing positions assumed here as paradigmatic examples of other similar positions: on the one hand, Titmuss’s work and the never-ending debate about it; on the other, Godbout’s position, in-so-far as it shows how Titmuss’s arguments can easily be turned upside down. I will then introduce and reinterpret Einaudi’s “critical point” theory as a more complex and richer anthropological explanation of the problems and answers considered herein. Through the analysis of these paradigmatic positions I will develop two interrelated arguments. 1) The way these problems are posed as well as the standard answers to them are: a) subject to fallacies: the dichotomy fallacy and the fallacy of composition; b) too reductive and simplistic: we should at least try to clarify what kind of ‘gift’ or ‘corruption’ we are thinking about, and who or what the ‘giver’, the ‘corrupter’, the ‘receiver’ and/or the ‘corrupted’ party are. 2) The answers to these problems cannot be found by merely following a theoretical approach, nor can they be merely based on empirical evidence; instead, they need to take into account the forever troublesome, ambiguous and unpredictable matter of human freedom. (shrink)

Moral theories that demand that we do what is morally best leave no room for the supererogatory. One argument against such theories is that they fail to realize the value of autonomy: supererogatory acts allow for the exercise of autonomy because their omissions are not accompanied by any threats of sanctions, unlike obligatory ones. While this argument fails, I use the distinction it draws – between omissions of obligatory and supererogatory acts in terms of appropriate sanctions – to (...) draw a parallel with psychological perfectionism. Through this parallel, I demonstrate that requiring what is morally best is in fact counter-productive. Thus, by its own lights, a theory that wants us to do what is best ought at the very least to tell us to believe that some actions are supererogatory. As the old adage goes, the best is the enemy of the good; I argue here that the supererogatory is the solution. (shrink)

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...) punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)