Holly Smith has recently argued that Subjective Deontological Moral Theories (SDM theories) cannot adequately account for agents’ duties to gather information. I defend SDM theories against this charge and argue that they can account for agents’ duties to inform themselves. Along the way, I develop some principles governing how SDM theories, and deontological moral theories in general, should assign ‘deontic value’ or ‘deontic weight’ to particular actions.

Joshua Greene has put forward the bold empirical hypothesis that deontology is a confabulation of moral emotions. Deontological philosophy does not steam from "true" moral reasoning, but from emotional reactions, backed up by post hoc rationalizations which play no role in generating the initial moral beliefs. In this paper, I will argue against the confabulation hypothesis. First, I will highlight several points in Greene’s discussion of confabulation, and identify two possible models. Then, I will argue that the evidence does (...) not illustrate the relevant model of deontological confabulation. In fact, I will make the case that deontology is unlikely to be a confabulation because alarm-like emotions, which allegedly drive deontological theorizing, are resistant to be subject to confabulation. I will end by clarifying what kind of claims can the confabulation data support. The upshot of the final section is that confabulation data cannot be used to undermine deontological theory in itself, and ironically, if one commits to the claim that a deontological justification is a confabulation in a particular case, then the data suggests that in general deontology has a prima facie validity. (shrink)

Noa Naaman-Zauderer’s book aims to bring to light the ethical underpinnings of Descartes’ system: on her view, in both the practical and the theoretical spheres Descartes takes our foremost duty to lie in the good use of the will.The marked ethical import of Cartesian epistemology takes the form of a deontological, non-consequentialist view of error: epistemic agents are praised/blamed when they fulfill/flout the duty to not assent to ideas that are less than clear and distinct.Extra-theoretical realms admitting of no clear (...) and distinct perceptions are subject to ‘softer’ duties of acting on the basis of the best available reasons. Since Cartesian epistemology involves ethical considerations,and since the late Cartesian ethics of virtue crucially depends on metaphysical knowledge about the nature and function of the will, Descartes’ ethics is not just a fruit of his tree of knowledge but it also nourishes its own roots. (shrink)

Jacques Lacan was constantly and consistently motivated by the aims of carrying out, improving, and critically understanding psychoanalytic practice and theory. In his work and teaching, he examined and (re)incorporated a number of key experiences, conceptions, and insights from moral life and moral theories into psychoanalysis. -/- One particularly interesting aspect of Lacan’s work, particularly in terms of moral theory, is that while problematizing them, and reconceiving how we must understand them, his approach remains anchored by key themes, concepts, and (...) experiences of older moral theories and perspectives, such as the truth of the human subject, the nature of the good, and the processes and pitfalls of moral development. -/- Three main sets of issues are analysed and discussed in this chapter. First, we examine Lacan’s criticisms of modes and schools of psychoanalysis that converted it into a simplistically moralistic discipline such as ego-psychology. Second, we run over Lacan’s main discussions and partial appropriations of Aristotelian, Kantian, Utilitarian, Sadean, and Judeo-Christian moral perspectives. Third and finally, we go deeper into discussing the implications Lacan’s reinterpretation of selected Freudian concepts bear for ethics, particularly in terms of ethics of subjectivity. Put very briefly, we might say that Lacan is situating a process of becoming-subject within a never-complete field of ethical discourses. (shrink)

Holly Smith (2014) contends that subjective deontological theories – those that hold that our moral duties are sensitive to our beliefs about our situation – cannot correctly determine whether one ought to gather more information before acting. Against this contention, I argue that deontological theories can use a decision-theoretic approach to evaluating the moral importance of information. I then argue that this approach compares favourably with an alternative approach proposed by Philip Swenson (2016).

Defenders of deontological constraints in normative ethics face a challenge: how should an agent decide what to do when she is uncertain whether some course of action would violate a constraint? The most common response to this challenge has been to defend a threshold principle on which it is subjectively permissible to act iff the agent's credence that her action would be constraint-violating is below some threshold t. But the threshold approach seems arbitrary and unmotivated: what would possibly determine where (...) the threshold should be set, and why should there be any precise threshold at all? Threshold views also seem to violate ought agglomeration, since a pair of actions each of which is below the threshold for acceptable moral risk can, in combination, exceed that threshold. In this paper, I argue that stochastic dominance reasoning can vindicate and lend rigor to the threshold approach: given characteristically deontological assumptions about the moral value of acts, it turns out that morally safe options will stochastically dominate morally risky alternatives when and only when the likelihood that the risky option violates a moral constraint is greater than some precisely definable threshold (in the simplest case, .5). I also show how, in combination with the observation that deontological moral evaluation is relativized to particular choice situations, this approach can overcome the agglomeration problem. This allows the deontologist to give a precise and well-motivated response to the problem of uncertainty. (shrink)

This paper argues that there are two importantly distinct normative relations that can be referred to using phrases like ‘X is obligated to Y,’ ‘Y has a right against X,’ or ‘X wronged Y.’ When we say that I am obligated to you not to read your diary, one thing we might mean is that I am subject to a deontological constraint against reading your diary that gives me a non‐instrumental, agent‐relative reason not to do so, and which you are (...) typically in a unique position to waive with consent. I call this first relation the constraint relation. A second thing we might mean is that you are in a position to fittingly hold me personally accountable for reading your diary by demanding that I not read your diary, resenting me if I do so without excuse, and deciding whether to forgive me for this afterwards. I call this second relation the accountability relation. Though these two kinds of directed obligation often coincide, I argue that they are extensionally dissociable and play different normative roles. We cannot provide an adequate theory of ‘obligation to’ until we recognize that this phrase denotes not one relation, but two. (shrink)

By focusing on the exchange between Descartes and Hobbes on how the self is related to its activities, Berkeley draws attention to how he and Hobbes explain the forensic constitution of human subjectivity and moral/political responsibility in terms of passive obedience and conscientious submission to the laws of the sovereign. Formulated as the language of nature or as pronouncements of the supreme political power, those laws identify moral obligations by locating political subjects within those networks of sensible signs. When thus (...) juxtaposed with Hobbes, Berkeley can be understood as endorsing a theologically inflected version of deontological ethics in which moral laws are linked directly to the constitution of the self. (shrink)

Katarzyna de Lazari-Radek and Peter Singer have recently provided an evolutionary argument for utilitarianism. They argue that most of our deontological beliefs were shaped by evolution, from which they conclude that these beliefs are unjustified. By contrast, they maintain that the utilitarian belief that everyone’s well-being matters equally is immune to such debunking arguments because it wasn’t similarly influenced. However, Guy Kahane remarks that this belief lacks substantial content unless it is paired with an account of well-being, and he adds (...) that utilitarian beliefs about wellbeing—e.g. the belief that pleasure is good and pain is bad—were probably shaped by evolution. Logically, de Lazari-Radek and Singer should therefore reject these beliefs along with the deontological beliefs that evolved. The present paper is a defense of their argument. After considering a number of unsuccessful replies to Kahane’s objection, I put forward a more promising solution: de Lazari-Radek and Singer should combine their objectivist view in metaethics with a subjectivist account of well-being, such as the desire theory. Such a hybrid account would tackle Kahane’s challenge because subjective accounts of value are immune from evolutionary debunking arguments. And it would be compatible with utilitarianism, which doesn’t fit very well with metaethical subjectivism. Before concluding, I deal with two concerns that this solution might raise: I argue that the desire theory is actually subjective enough to escape Kahane’s objection, and I deny that retreating to the combination of ethical objectivism and prudential subjectivism is ad hoc. (shrink)

Robotization is an increasingly pervasive feature of our lives. Robots with high degrees of autonomy may cause harm, yet in sufciently complex systems neither the robots nor the human developers may be candidates for moral blame. John Danaher has recently argued that this may lead to a retribution gap, where the human desire for retribution faces a lack of appropriate subjects for retributive blame. The potential social and moral implications of a retribution gap are considerable. I argue that the retributive (...) intuitions that feed into retribution gaps are best understood as deontological intuitions. I apply a debunking argument for deontological intuitions in order to show that retributive intuitions cannot be used to justify retributive punishment in cases of robot harm without clear candidates for blame. The fundamental moral question thus becomes what we ought to do with these retributive intuitions, given that they do not justify retribution. I draw a parallel from recent work on implicit biases to make a case for taking moral responsibility for retributive intuitions. In the same way that we can exert some form of control over our unwanted implicit biases, we can and should do so for unjustifed retributive intuitions in cases of robot harm. (shrink)

The standard way to test alternative descriptive theories of moral judgment is by asking subjects to evaluate (amongst others) sacrificial dilemmas, where acting classifies as a utilitarian moral judgment and not acting classifies as a deontological moral judgment. Previous research uncovered many situational factors that alter subject’s moral judgments without affecting which type of action utilitarianism or deontology would recommend. This literature review provides a systematic analysis of the experimental literature on the influence of situational factors on moral judgments (...) in sacrificial dilemmas. It analyses 53 articles in detail and reports mean effect sizes, as well as operationalizations, for 36 situational factors that significantly influence moral judgment. Moreover, the review discusses how the impact of situational factors relates to a dual process theory of moral judgment. It supports the view that utilitarian judgments are driven by controlled cognitive processes and shows that the drivers of deontological judgments depend on valence. (shrink)

Priority setting in health care is ubiquitous and health authorities are increasingly recognising the need for priority setting guidelines to ensure efficient, fair, and equitable resource allocation. While cost-effectiveness concerns seem to dominate many policies, the tension between utilitarian and deontological concerns is salient to many, and various severity criteria appear to fill this gap. Severity, then, must be subjected to rigorous ethical and philosophical analysis. Here we first give a brief history of the path to today’s severity criteria in (...) Norway and Sweden. The Scandinavian perspective on severity might be conducive to the international discussion, given its long-standing use as a priority setting criterion, despite having reached rather different conclusions so far. We then argue that severity can be viewed as a multidimensional concept, drawing on accounts of need, urgency, fairness, duty to save lives, and human dignity. Such concerns will often be relative to local mores, and the weighting placed on the various dimensions cannot be expected to be fixed. Thirdly, we present what we think are the most pertinent questions to answer about severity in order to facilitate decision making in the coming years of increased scarcity, and to further the understanding of underlying assumptions and values that go into these decisions. We conclude that severity is poorly understood, and that the topic needs substantial further inquiry; thus we hope this article may set a challenging and important research agenda. (shrink)

In this paper we address the ethics of adopting delusional beliefs and we apply consequentialist and deontological considerations to the epistemic evaluation of delusions. Delusions are characterised by their epistemic shortcomings and they are often defined as false and irrational beliefs. Despite this, when agents are overwhelmed by negative emotions due to the effects of trauma or previous adversities, or when they are subject to anxiety and stress as a result of hypersalient experience, the adoption of a delusional belief can (...) prevent a serious epistemic harm from occurring. For instance, delusions can allow agents to remain in touch with their environment overcoming the disruptive effect of negative emotions and anxiety. Moreover, agents are not blameworthy for adopting their delusions if their ability to believe otherwise is compromised. There is evidence suggesting that no evidence-related action that would counterfactually lead them to believe otherwise is typically available to them. The lack of ability to believe otherwise, together with some other conditions, implies that the agents are not blameworthy for their delusions. The examination of the epistemic status of delusions prompts us to acknowledge the complexity and contextual nature of epistemic evaluation, establish connections between consequentialist and deontological frameworks in epistemology, and introduce the notion of epistemic innocence into the vocabulary of epistemic evaluation. (shrink)

The epistemic poverty objection is commonly levelled by externalists against deontological conceptions of epistemic justification. This is that an “oughts” based account of epistemic justification together with “ought” implies “can” must lead us to hold to be justified, epistemic agents who are objectively not truth-conducive cognizers. The epistemic poverty objection has led to a common response from deontologists, namely to embrace accounts of bounded rationality—subjective, practical or regulative accounts rather than objective, absolute or theoretical accounts. But the bounds deontological (...) epistemologists and their opponents entertain rarely include cultural limitations. This paper considers neo-Vygotskian arguments that we must consider such cultural limits in defending deontologism, and thus that any deontologically motivated perspectivism must be in part a cultural perspectivism. The dangers of strong relativism are flagged and an attempt is made to steer a.. (shrink)

In 2035 global egg demand will have risen 50% from 1985. Because we are not able to tell in the egg whether it will become a male or female chick, billons of one day-old male chicks will be killed. International research initiatives are underway in this area, and governments encourage the development of an alternative with the goal of eliminating the culling of day-old male chicks. The Netherlands holds an exceptional position in the European egg trade, but is also the (...) only country in the European Union where the downside of the egg sector, the practice of killing day-old male chicks, is a recurrent subject of societal debate. ‘Preventing the killing of young animals’ and ‘in ovo sex determination’ are the two alternative approaches available to solve this problem. It is clear that both approaches solve the problem of killing day-old male chicks, either by keeping them alive or by preventing them from living, but they also raise a lot of new animal welfare-related dilemmas. A thorough analysis was undertaken of these dilemmas and the results are presented in this article. The analysis resulted in an ethical framework based on the two main approaches in bioethics: a consequentialist approach and a deontological approach. This ethical framework was used to develop an online survey administered to ascertain Dutch public opinion about these alternative approaches. The results show that neither alternative will be fully accepted, or accepted by more than half of Dutch society. However, the survey does provide an insight into the motives that are important for people’s choice: food safety and a good treatment of animals. Irrespective of the approach chosen, these values should be safeguarded and communicated clearly. (shrink)

Extant research suggests that individuals employ traditional moral heuristics to support their observed altruistic behavior; yet findings have largely been limited to inductive extrapolation and rely on relatively few traditional frames in so doing, namely, deontology in organizational behavior and virtue theory in law and economics. Given that these and competing moral frames such as utilitarianism can manifest as identical behavior, we develop a moral framing instrument—the Philosophical Moral-Framing Measure (PMFM)—to expand and distinguish traditional frames associated and disassociated with (...) observed altruistic behavior. The validation of our instrument based on 1015 subjects in 3 separate real stakes scenarios indicates that heuristic forms of deontology, virtue-theory, and utilitarianism are strongly related to such behavior, and that egoism is an inhibitor. It also suggests that deontic and virtue-theoretical frames may be commonly perceived as intertwined and opens the door for new research on self-abnegation, namely, a perceived moral obligation toward suffering and self-denial. These findings hold the potential to inform ongoing conversations regarding organizational citizenship and moral crowding out, namely, how financial incentives can undermine altruistic behavior. (shrink)

In this essay, I inquire into the attitudes and conduct toward other agents that go hand in hand with the admirable individual life, as depicted in the Zhuāngzǐ. How do agents adept in a Zhuangist approach to dào handle interpersonal relations? I suggest that on a broadly Zhuangist understanding, interpersonal ethics is simply a special case of competence or adroitness in applying dé (power, agency) and following dào (ways). The general ideal of exemplary activity is to employ our dé to (...) find a fitting, free-flowing dào by which to navigate through contingent, changing circumstances. Interpersonal ethics is an application of this ideal to cases in which other agents and our relations with them are prominent features of our circumstances. The ethics of interacting with others is thus not a distinct subject area in Zhuangist discourse but one application of more general views about dào, dé, and exemplary activity. Instead of wandering the way on our own, interactions with others present us with situations in which we must find our way together. An important consequence of the Zhuangist approach is that discussions of our conduct toward others are not framed in terms of doing what is morally right or permissible. Instead, judgments as to whether some course of action is morally right or wrong are supplanted by judgments about the quality of our activity as a performance of dào—whether it is adept or clumsy, free-flowing or obstructed, in accordance with the situation or at odds with it. This signal feature of Zhuangist ethical discourse makes it challenging to situate it with respect to more familiar ethical views. Although I will suggest the Zhuangist approach overlaps in certain respects with recent moral particularism, I argue that most likely it is distinct from, and amounts to a rejection of, nearly all familiar normative ethical theories, including consequentialism, deontology, virtue ethics, and contractualism. (shrink)

In addition to the traditional reliance on rules and codes in regulating the conduct of military personnel, most of today’s militaries put their money on character building in trying to make their soldiers virtuous. Especially in recent years it has time and again been argued that virtue ethics, with its emphasis on character building, provides a better basis for military ethics than deontological ethics or utilitarian ethics. Although virtue ethics comes in many varieties these days, in many texts on military (...) ethics dealing with the subject of military virtues the Aristotelian view on virtues is still pivotal. Developing virtues is by some authors seen as the best way to prevent misconduct by military personnel, it being considered superior to rules or codes of conduct imposed from above. The main argument these authors offer is that these solutions are impotent when no one is around, and lack the flexibility often thought necessary in today’s world. Finally, rules and codes try to condition behavior, leaving less room for personal integrity. At first sight, then, there is a great deal to say in favor of virtue ethics as being the best way of enhancing the chances of soldiers behaving morally. However, this preference for steering conduct by means of promoting certain desirable dispositions is not without any problems that, as it stands, are hardly ever addressed. To begin with, there are a few practical concerns. For instance, even if we assume that military virtues can assist military personnel to do their work in a morally sound manner, it is still not clear to what extent virtues can, in fact, be taught to them. It is an assumption of virtue ethics that they can, but is this really the case? And if so, how should they be taught? – virtues are supposedly developed by practicing them, yet how much room is there for practicing virtues in for instance the ethics education as followed in military academies and school battalions? Secondly, it appears that the traditional military virtues, such as honor, loyalty, courage, and obedience, are, especially in their common interpretation, mainly beneficial to colleagues and the organization, not so much to the local population of the countries military personnel are deployed to. Changes in the military’s wider environment have led to a shift from traditional of self-defense tasks to new, more complex tasks, and especially in today’s missions one could expect that the proper virtues are not necessarily solely the more martial ones. (shrink)

Recent years have seen increasing attacks on the "deontological" conception (or as we call it, the guidance conception) of epistemic justification, the view that epistemology offers advice to knowers in forming beliefs responsibly. Critics challenge an important presupposition of the guidance conception: doxastic voluntarism, the view that we choose our beliefs. We assume that epistemic guidance is indispensable, and seek to answer objections to doxastic voluntarism, most prominently William Alston's. We contend that Alston falsely assumes that choice of belief requires (...) the assent to a specific propositional content. We argue that beliefs can be chosen under descriptions which do not specify their propositional content, but instead specify the mental actions by which they are formed and maintained. We argue that these actions partially constitute the beliefs and that is it in virtue of resulting from and being partially constituted by such actions that the beliefs are subject to epistemic appraisal,. (shrink)

Due to his theory of deontological ethic, Kant is regarded, in the history of philosophy, as one of the cornerstones of ethics, and it is said, as a rule, that he has an original theory of ethics in that he posited the idea of free and autonomous individual. However, when dug deeper into Kant‟s ethics, and also if it is ex-actly compared with theological ethic, it is clearly seen that all he has accomplished was to make a copy of the (...) theological ethic and to use such secular terms as reason, conscience, good will, moral law, categorical imperative, universalizability, summum bonum, ethico-civil state/universal religion of mere reason as a substitute for such key terms of religious ethics as God, prophet, for God‟s sake, the Golden Rule, Divine command, Heaven, Kingdom of God without modifying the wording, content and logic of theolog-ical ethics. So, the notion of a subject or reason which pretends to be God has no sign of originality. (shrink)

Colin Cheyne has argued that under certain circumstances an internalist or deontological theory of epistemic justification will give rise to a paradox. The paradox, he argues, arises when a principle of epistemic justification is both justifiably believed (in terms of the theory) and false. To avoid this paradox, Cheyne recommends abandoning the principle of justification-transference, which states that acts of believing made on the basis of a justifiably-believed principle are themselves justified. Since such a principle seems essential to any internalist (...) theory of justified believing, internalist theories may also need to be abandoned. I argue that while some theories of epistemic justification may indeed give rise to this paradox, an internalist or deontological theory of subjective justification will avoid it. The reason for this is that a false principle of justified believing does not render acts of believing subjectively unjustified, provided that the agent does not realize that the principle is false. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

The use of the term "applied ethics" to denote a particular field of moral inquiry (distinct from but related to both normative ethics and meta-ethics) is a relatively new phenomenon. The individuation of applied ethics as a special division of moral investigation gathered momentum in the 1970s and 1980s, largely as a response to early twentieth- century moral philosophy's overwhelming concentration on moral semantics and its apparent inattention to practical moral problems that arose in the wake of significant social and (...) technological transformations. The field of applied ethics is now a well established, professional domain sustained by institutional research centers, professional academic appointments, and devoted journals. As the field of applied ethics grew and developed, its contributors predominantly advocated consequentialist and deontological approaches to the problems they address; but lately a significant number of moral philosophers have begun to bring the resources of virtue ethics to bear upon the ever-evolving subject matters of applied ethics. (shrink)

Concerning abortion and infanticide, ethics has always seen to each one as quite puzzling an issue. The dilemma expectedly goes like this: “Are they morally good, permissible or acceptable, or are they not?” All three major approaches in ethics, viz. virtue ethics, deontology and consequentialism, have fervently exerted themselves in order to settle both. A virtue ethicist is expected to approach the issue wondering: “Is performing abortion and infanticide indicative of virtues, to wit of character traits that the virtuous (...) agent possesses?” A deontologist would bring the dilemma up for discussion asking: “Is conducting abortion and infanticide in accordance with some moral rule or principle?” To an act utilitarian, on the other hand, the same question would strike as: “Do abortion and infanticide promote the best consequences, to wit those in which happiness is maximized?” All three approaches have been applied to the subject matter ever since the classic era, sadly with no remarkable success and, most of the times, even without the slightest suspicion of the promised rigor. (shrink)

Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...) naturalism, and subjectively posited values. Each of these interpretations has a shared common denominator: namely, the distinction between ‘is’ and ‘ought’, ‘facts’ and ‘values’. Legality is said to be nested in an ‘is’ world. An ‘is’ cannot be derived from an ‘ought’. This essay aims to press this distinction further. Fuller, I intend to argue, does indeed accept the is/ought distinction as have his commentators. The associations of the ‘oughts’ with deontological duties, the Good life, naturalism and subjective values, however, have been misdirected. This has been so because Fuller presupposed that legality was a matter of a spatial structure. Non-law was situated outside the structure. If a legislator or judge considered matters outside the structure as if they were binding upon jurists and, for that matter, upon members of the legal structure, the law was not binding. The crucial incident of the structure was the boundary of the structure. Fuller’s structuralist theory of law offers the opportunity to better understand what he signified by ‘the internal morality of law’. I shall privilege several elements of his theory: the relation of legal units to a structure, the nature of a structure, the constituents of a structure (territorial space, its pillars and its matter); the forms of the legal structure; the centrifugal and centripetal structures, the structure and traditional theories of morality, the role of the legal official in a structure, and why the internal knowledge in the structure is binding. Fuller especially privileged two features of a legal structure. The one was the boundary of the structure. The second concerned the exteriority of the boundary. Both features presupposed a territorial sense view of legal knowledge. The legal mind analysed any social problem through the map of such a sense of legal space. By concentrating upon the discrete rule in isolation of the implied structural boundary to which the rule referred, commentators have attributed been misdirected in their analyses of Fuller’s theory of law and morality. My argument in this respect will proceed as follows. In order to clarify Fuller’s senses of the morality of law, I shall first outline what he means by a ‘structure’. Second, how is the structure related to legal knowledge? Third, what are the various forms of the structure? Fourth, is the structure centrifugal or centripetal? And finally, why is the structure binding? (shrink)

Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the Bible, and (...) analyzing the methodology of the Talmud and other Rabbinic literature by means of formal tools which make possible its objective evaluation with reference to scientific logic. The result is a highly innovative work – incisive and open, free of clichés or manipulation. Judaic Logic succeeds in translating vague and confusing interpretative principles and examples into formulas with the clarity and precision of Aristotelean syllogism. Among the positive outcomes, for logic in general, are a thorough listing, analysis and validation of the various forms of a-fortiori argument, as well as a clarification of dialectic logic. However, on the negative side, this demystification of Talmudic/Rabbinic modes of thought (hermeneutic and heuristic) reveals most of them to be, contrary to the boasts of orthodox commentators, far from deductive and certain. They are often, legitimately enough, inductive. But they are also often unnatural and arbitrary constructs, supported by unverifiable claims and fallacious techniques. Many other thought-processes, used but not noticed or discussed by the Rabbis, are identified in this treatise, and subjected to logical review. Various more or less explicit Rabbinic doctrines, which have logical significance, are also examined in it. In particular, this work includes a formal study of the ethical logic (deontology) found in Jewish law, to elicit both its universal aspects and its peculiarities. With regard to Biblical studies, one notable finding is an explicit formulation (which, however, the Rabbis failed to take note of and stress) of the principles of adduction in the Torah, written long before the acknowledgement of these principles in Western philosophy and their assimilation in a developed theory of knowledge. Another surprise is that, in contrast to Midrashic claims, the Tanakh (Jewish Bible) contains a lot more than ten instances of qal vachomer (a-fortiori) reasoning. In sum, Judaic Logic elucidates and evaluates the epistemological assumptions which have generated the Halakhah (Jewish religious jurisprudence) and allied doctrines. Traditional justifications, or rationalizations, concerning Judaic law and belief, are carefully dissected and weighed at the level of logical process and structure, without concern for content. This foundational approach, devoid of any critical or supportive bias, clears the way for a timely reassessment of orthodox Judaism (and incidentally, other religious systems, by means of analogies or contrasts). Judaic Logic ought, therefore, to be read by all Halakhists, as well as Bible and Talmud scholars and students; and also by everyone interested in the theory, practise and history of logic. (shrink)

Doxastic voluntarism is the thesis that our beliefs are subject to voluntary control. While there’s some controversy as to what “voluntary control” amounts to (see 1.2), it’s often understood as direct control: the ability to bring about a state of affairs “just like that,” without having to do anything else. Most of us have direct control over, for instance, bringing to mind an image of a pine tree. Can one, in like fashion, voluntarily bring it about that one believes a (...) specific proposition? Doxastic voluntarists hold that, at least in some circumstances—such as when the evidence is ambiguous—we can. Doxastic involuntarists, in contrast, maintain that we cannot. Some involuntarists hold that the concept of belief itself precludes the possibility of believing voluntarily. Others hold that the impossibility of voluntary belief is a contingent psychological fact. Historically, the issue of doxastic voluntarism has been connected to how many think about religious commitment: a prominent view of faith is that it is a voluntary decision to believe. Furthermore, the issue of voluntarism has also been viewed as having bearing on fundamental questions in epistemology. For example, are epistemic norms duties to believe in certain ways? Are there practical or moral reasons to believe? If the answer to either question is “yes,” it seems some measure of voluntary doxastic control is required. -/- In section 1, we expand on the definition of doxastic voluntarism, and survey various kinds of control (e.g. direct, indirect, long-range) and the doxastic attitudes we might control (e.g. outright belief, withholding, credences). In section 2, we discuss a number of historical views on doxastic voluntarism. In section 3, we survey motivations for rejecting doxastic voluntarism. There are two general strategies: arguments that appeal to psychological considerations, and conceptual arguments regarding the nature of belief. In section 4, we survey five approaches to defending voluntarism: those that appeal to epistemic permissivism, doxastic compatibilism, skepticism, one-off considerations, and non-standard views of belief. In section 5, we cover empirical work on doxastic voluntarism. The last two sections discuss two implications of voluntarism. In section 6, we discuss voluntarism’s implications for the ethics of belief, and in section 7, we discuss issues at the intersection of voluntarism and religious faith. (shrink)

The book attempts to conceptualize the “ancient” issues of human death and human mortality in connection to the timely and vital subject of euthanasia. This subject forces the meditation to actually consider those ideological, ethical, deontological, legal, and metaphysical frameworks which guide from the very beginning any kind of approach to this question. This conception – in dialogue with Heideggerian fundamental ontology and existential analytics – reveals that, on the one hand, the concepts and ethics of death are originally determined (...) by the ontology of death, and, on the other hand, that, on this account, the question of euthanasia can only be authentically discussed in the horizon of this ontology. It is only this that may reveal to whom dying – our dying – pertains, while it also reveals our relationship to euthanasia as a determined human potentiality or final possibility. Thus euthanasia is outlined in the analysis as the possibility of becoming a mortal on the one hand, while on the other hand it appears in relation to the particularities of its existential structure, which essentially differ from the existential and ontological structure of any other possibility of dying. This is why it should not be mixed up with, or mistaken for, any of these. (shrink)

Kant is the philosophical tradition's arch-anti-consequentialist – if anyone insists that intentions alone make an action what it is, it is Kant. This chapter takes up Kant's account of the relation between intention and action, aiming both to lay it out and to understand why it might appeal. The chapter first maps out the motivational architecture that Kant attributes to us. We have wills that are organized to action by two parallel and sometimes competing motivational systems. One determines us by (...) way of motives that are sensuous, natural and given from without, the other by motives that are intellectual, rational, and given from within. Each set of motives belongs to a system of laws – natural motives to the laws of nature, rational motives to the laws of freedom. For Kant, all things, including actions, are what they are in virtue of the laws governing them; actions, qua actions, are always governed by laws that govern individual wills. These laws are Kantian maxims, 'or subjective practical laws.' Maxims, for Kant, thus make actions the actions they are. The chapter then maps out the implications of this motivational architecture for Kant's theory of value. Maxims always advert to or 'contain' both ends and means. Ends are always specifications of one of two ultimate ends. Actions have the moral value they have depending on which of two ultimate ends the maxim adverts to. The possibilities are 'happiness,' or gratification of desires with sensuous origins, and 'duty,' or accord with the moral demand to will in ways that respect free rational agency wherever it is found. Only actions aimed at the latter – actions with rational motives – have moral value. Actions aimed at the former – actions with natural motives – though not immoral in themselves, become so when pursuit works against rational motives. For Kant, actions aimed at happiness are ultimately allied with efforts to sustain our 'animal' existence, and so are governed by terms and conditions given by the natural world. Actions aimed at duty, in contrast, are ultimately allied with efforts to impose a rational form on nature, to make it over, so to speak, according to values not given by nature itself. Actions aimed at duty, therefore, create a specifically moral world, one in which mores and norms, formal and informal arrangements, institutions, policies, and so on, realize, harmonize, and promote free rational agency itself. Finally, the chapter addresses motivations for Kant's view. The architecture of will and the theories of action and value he proposes allow Kant to accommodate a host of intuitions and commitments. His view makes room for metaphysically free agency, and for the lived experience of motivational freedom from ever-changing natural desires. It makes room for conflicts within the will while still holding out hope that resolution is possible. It accommodates views that the best human lives engage 'higher' faculties in sustained ways. It identifies a stable, necessary, universal end amidst the evident contingency, pluralism, and instability of most ends. It makes us, and not God or nature, the authors of our moral lives. In the end, Kant's 'anti-consequentialism,' his focus on intentions, is a way of insisting on actions that take their character and value from what should matter most to us, namely individual and collective free rational agency, rather than only and always taking the character of reactive responses to circumstance. (shrink)

Recent work in the behavioral sciences asserts that we are subject to a variety of cognitive biases. For example, we mourn losses more than we prize equivalently sized gains; we are more inclined to believe something if it matches our previous beliefs; and we even relate more warmly or coldly to others depending on whether the coffee cup we are holding is warm or cold. Drawing on this work, case law and legal scholarship have asserted that we have reason to (...) select legal norms, or revise existing norms, so as to eliminate the influence of these and other cognitive biases. -/- In this Article, I critically evaluate whether and when this reaction is warranted. I begin by contrasting predominantly descriptive definitions of bias, on which bias is merely deviation from a predictive model, with prescriptive definition of bias, on which biased conduct is conduct that actors ought not do. I then similarly contrast the behavioral-scientific concepts of statistical significance and effect size with the concept of significance required to justify legal conclusions. -/- With this apparatus in place, I go on to consider a variety of examples where legal commentators and decisionmakers have worried about the effects of cognitive bias on law. I argue that many of these cognitive biases (for example, our aversion to losses), while reflecting deviations from behavioral scientists’ models of human behavior, are not normatively objectionable and so give us no reason to revise our legal norms to eliminate their effect. Others (e.g., the effect of judges’ hunger on their decisionmaking), however, constitute biases under both descriptive and prescriptive definitions and therefore give us good reason to revise our legal norms. -/- I conclude by contrasting my conclusion — that evaluation of cognitive biases’ legal significance must explicitly evaluate the normative arguments for and against the model of decisionmaking in question on a case-by-case basis — with the arguments of influential scientists and legal commentators like Daniel Kahneman and John Mikhail, who treat cognitive heuristics and biases as more broadly desirable or objectionable. (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)

The expanding moral circle lends coherence to the usual hodge-podge of canonical RCR topics. As it is in a person’s own interest to report falsification, understand fabrication, avoid plagiarism, beware of intuition, and justify one’s decisions, it is useful to begin RCR discussions with the principle that we ought to do what is in our own long-term best interests. As it is in the interest of a person’s research group to articulate their reasons for their conclusions, to write cooperatively, review (...) manuscripts professionally, and report statistics transparently, one can introduce the principle that we ought to keep our promises and contracts. As it is a basic matter of rights to respect human subjects, mentor inclusively, recognize intellectual property, and reveal both conflicts of interests and collaborations with private industry, an RCR instructor can introduce the idea that we ought to respect each individual’s moral rights. Finally, as many animals can feel pain, are subjects of their own lives, and have interests of their own, we must take seriously our role in their welfare as research subjects. In this last step, we expand the circle fully, considering animal experimentation, duties to future generations and the natural environment, and the larger social responsibilities of researchers while adopting a utilitarian principle: We ought to do what will maximize aggregate happiness. (shrink)

Deontological theories face difficulties in accounting for situations involving risk; the most natural ways of extending deontological principles to such situations have unpalatable consequences. In extending ethical principles to decision under risk, theorists often assume the risk must be incorporated into the theory by means of a function from the product of probability assignments to certain values. Deontologists should reject this assumption; essentially different actions are available to the agent when she cannot know that a certain act is in her (...) power, so we cannot simply understand her choice situation as a “risk-weighted” version of choice under certainty. (shrink)

The field of AI safety aims to prevent increasingly capable artificially intelligent systems from causing humans harm. Research on moral alignment is widely thought to offer a promising safety strategy: if we can equip AI systems with appropriate ethical rules, according to this line of thought, they'll be unlikely to disempower, destroy or otherwise seriously harm us. Deontological morality looks like a particularly attractive candidate for an alignment target, given its popularity, relative technical tractability and commitment to harm-avoidance principles. I (...) argue that the connection between moral alignment and safe behavior is more tenuous than many have hoped. In general, AI systems can possess either of these properties in the absence of the other, and we should favor safety when the two conflict. In particular, advanced AI systems governed by standard versions of deontology need not be especially safe. (shrink)

According to Universal Epistemic Deontology, all of our doxastic attitudes are open to deontological evaluations of obligation and permissibility. This view thus implies that we are responsible for all of our doxastic attitudes. But many philosophers have puzzled over whether we could be so responsible. The paper explores whether this puzzle can be resolved, and Universal Epistemic Deontology defended, by appealing to a view of responsibility I call the Revelatory View. On that view, an agent is responsible for (...) something when it reveals the kind of person the agent is. I explore four ways of developing the Revelatory View and argue that none ultimately defend Universal Epistemic Deontology. (shrink)

In acest articol voi intreprinde o analiza conceptuala asupra formei si a continutului codului deontologic al farmacistilor din Romania din perspectiva expertizei etice. Voi atrage atentia asupra necesitatii de a distinge intre obligatii morale si alte tipuri de normativitate. Dupa analiza diferitelor modele de redactare a codurilor de etica, voi evidentia doua exigente metodologice pe care ar trebui să le satisfaca un cod deontologic. In final, voi puncta cateva provocari pentru managementul eticii farmaceutice.

This chapter defends a deontological approach to both the non-identity problem and what is referred to as the “inconsequentiality problem.” Both problems arise in cases where, although the actions of presently living people appear to have harmful consequences for future people, it is difficult to explain why there are moral reasons against such actions. The deontological response to both problems appeals to a distinction between causal and non-causal consequences. By acknowledging the moral importance of such a distinction, deontologists can vindicate (...) the judgment that, collectively and individually, we have harm-based reasons against bringing about bad consequences for future people. (shrink)

Deontological evidentialism is the claim that we ought to form and maintain our beliefs in accordance with our evidence. In this paper, I criticize two arguments in its defense. I begin by discussing Berit Broogard’s use of the distinction between narrow-scope and wide-scope requirements against W.K. Clifford’s moral defense of. I then use this very distinction against a defense of inspired by Stephen Grimm’s more recent claims about the moral source of epistemic normativity. I use this distinction once again to (...) argue that Hilary Kornblith’s criticism of Richard Feldman’s defense of is incomplete. Finally, I argue that Feldman’s defense is insensitive to the relation between normative requirements and privileged values: values that have normative authority over us. (shrink)

Deontological evidentialism is the claim that S ought to form or maintain S’s beliefs in accordance with S’s evidence. A promising argument for this view turns on the premise that consideration c is a normative reason for S to form or maintain a belief that p only if c is evidence that p is true. In this paper, I discuss the surprising relation between a recently influential argument for this key premise and the principle that ought implies can. I argue (...) that anyone who antecedently accepts or rejects this principle already has a reason to resist either this argument’s premises or its role in support of deontological evidentialism. (shrink)

Deontological internalism is the family of views where justification is a positive deontological appraisal of someone's epistemic agency: S is justified, that is, when S is blameless, praiseworthy, or responsible in believing that p. Brian Weatherson discusses very briefly how a plausible principle of ampliative transmission reveals a worry for versions of deontological internalism formulated in terms of epistemic blame. Weatherson denies, however, that similar principles reveal similar worries for other versions. I disagree. In this article, I argue that plausible (...) principles of ampliative transmission reveal a worry for deontological internalism in general. (shrink)

According to the “Textbook View,” there is an extensional dispute between consequentialists and deontologists, in virtue of the fact that only the latter defend “agent-relative” principles—principles that require an agent to have a special concern with making sure that she does not perform certain types of action. I argue that, contra the Textbook View, there are agent-neutral versions of deontology. I also argue that there need be no extensional disagreement between the deontologist and consequentialist, as characterized by the Textbook (...) View. (shrink)

Empirical research into moral decision-making is often taken to have normative implications. For instance, in his recent book, Greene (2013) relies on empirical findings to establish utilitarianism as a superior normative ethical theory. Kantian ethics, and deontological ethics more generally, is a rival view that Greene attacks. At the heart of Greene’s argument against deontology is the claim that deontological moral judgments are the product of certain emotions and not of reason. Deontological ethics is a mere rationalization of these (...) emotions. Accordingly Greene maintains that deontology should be abandoned. This paper is a defense of deontological ethical theory. It argues that Greene’s argument against deontology needs further support. Greene’s empirical evidence is open to alternative interpretations. In particular, it is not clear that Greene’s characterization of alarm-like emotions that are relative to culture and personal experience is empirically tenable. Moreover, it is implausible that such emotions produce specifically deontological judgments. A rival sentimentalist view, according to which all moral judgments are determined by emotion, is at least as plausible given the empirical evidence and independently supported by philosophical theory. I therefore call for an improvement of Greene’s argument. (shrink)

The article tries to show that what is often called 'Moderate Deontology' is incoherent.

No matter how it is viewed, as a plausible version of anti-utilitarianism or of non-consequentialist, or even as a plausible version of deontology, the theory of prima facie duties certainly makes W. D. Ross one of the most important moral philosopher of the twentieth-century. By outlining his pluralistic deontology, this paper attempts to argue for a positive answer to the question of whether Ross’s theory can offer a solution to the issue of conflicting duties. If such a solution (...) is convincing, as I believe it is, it would indicate the possibility to justify within the deontological framework, i.e., without committing to the principle of good-maximizing, those “hard cases” where people should break a promise or other (prima facie) duty in order to prevent a disastrous outcome. The theory of prima facie duties might then suggest that deontology and utilitarianism would likely be reconcilable. (shrink)

Deontological ethicists generally agree that there is a way of harming others such that it is wrong to harm others in that way for the sake of producing a comparable but greater benefit for others. Given plausible assumptions about this type of harm, this principle yields the paradoxical result that it may be wrong to do A, wrong to do B, but permissible to do (A and B).

That many values can be consequentialized – incorporated into a ranking of states of affairs – is often taken to support the view that apparent alternatives to consequentialism are in fact forms of consequentialism. Such consequentializing arguments take two very different forms. The first is concerned with the relationship between morally right action and states of affairs evaluated evaluator-neutrally, the second with the relationship between what agents ought to do and outcomes evaluated evaluator-relatively. I challenge the consequentializing arguments for both (...) forms of consequentialism. The plausibility of the evaluator-neutral consequentializing of certain values, I argue, in fact establishes the implausibility of an evaluator-neutral consequentialist account of such values. The problems that beset this evaluator-neutral consequentializing argument do not beset its evaluator-relative counterpart. But I demonstrate that evaluator-relatively consequentialized theories can also readily be ‘deontologized’, located within an alternative evaluative framework that is congenial to the articulation of nonconsequentialist moral theories. Such an alternative framework can accommodate what is compelling in consequentialists’ ‘Compelling Idea,’ and what is attractive in their Explanatory Thought. This alternative, moreover, can function as a shared evaluative framework within which the merits of consequentialist and nonconsequentialist alternatives can be considered without begging the question either way. (shrink)

In his Principles of Philosophy, Descartes says, Finally, it is so manifest that we possess a free will, capable of giving or withholding its assent, that this truth must be reckoned among the first and most common notions which are born with us.

It is commonly held that all deontological moral theories are agent-relative in the sense that they give each agent a special concern that she does not perform acts of a certain type rather than a general concern with the actions of all agents. Recently, Tom Dougherty has challenged this orthodoxy by arguing that agent-neutral deontology is possible. In this article I counter Dougherty's arguments and show that agent-neutral deontology is not possible.

Is there a reason to prevent deontological wrongdoing—an action that is wrong due to the violation of a decisive deontological constraint? This question is perplexing. On the one hand, the intuitive response seems to be positive, both when the question is considered in the abstract and when it is considered with regard to paradigmatic cases of deontological wrongdoing such as Bridge and Transplant. On the other hand, common theoretical accounts of deontological wrongdoing do not entail this answer, since not preventing (...) wrongdoing does not necessarily amount to doing harm or intending harm, for example. The puzzle is reinforced due to the fact that the intuitive response to other cases seems to be different, namely that there is no reason in favour of preventing deontological wrongdoing. This question is thus interesting in itself. It might also shed light on additional questions such as the “paradox of deontology” and the appropriate response to wrongful actions more generally. Yet, despite its importance, this question is typically overlooked. The paper explores this question. (shrink)

One of the most controversial issues to emerge in recent studies of Fichte concerns the status of his normative ethics, i.e., his theory of what makes actions morally good or bad. Scholars are divided over Fichte’s view regarding the ‘final end’ of moral striving, since it appears this end can be either a specific goal permitting maximizing calculations (the consequentialist reading defended by Kosch 2015), or an indeterminate goal permitting only duty-based decisions (the deontological reading defended by Wood 2016). While (...) I think each interpretive position contains an element of truth, my aim in this paper is to defend a third alternative, according to which Fichte’s normative ethics presents us with a unique form of social perfectionism. (shrink)