In this paper, I provide an account of subjective epistemic obligations. In instances of peer disagreement, one possesses at least two types of obligations: objective epistemic obligations and subjective epistemic obligations. While objective epistemic obligations, such as conciliationism and remaining steadfast, have been much discussed in the literature, subjective epistemic obligations have received little attention. I develop an account of subjective epistemic obligations in the context of worldview disagreements. In recent literature, the notion of worldview disagreement (...) has been receiving increasing attention, and I discuss how understanding worldview disagreements through different classes of beliefs might clarify our understanding of subjective epistemic obligations. I first distinguish between three classes of beliefs, by virtue of their justificatory functions within worldviews: fundamental, crucial and incidental. I then discuss four kinds of worldview disagreements based on this account. Finally, I argue that each disagreement results in different subjective epistemic obligations for each disputant. I conclude by discussing some implications this analysis has for issues such as defeat, peerhood, and epistemic injustice. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent (...) who may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

In this paper I discuss a number of different relationships between two kinds of obligation: those which have individuals as their subject, and those which have groups of individuals as their subject. I use the name collective obligations to refer to obligations of the second sort. I argue that there are collective obligations, in this sense; that such obligations can give rise to and explain obligations which fall on individuals; that because of these facts collective obligations are not simply (...) reducible to individual obligations; and that collective obligations supervene on individual obligations, without being reducible to them. The sort of supervenience I have in mind here is what is sometimes called ‘global supervenience’. In other words, there cannot be two worlds which differ in respect of the collective obligations which exist in them without also differing in respect of the individual obligations which exist in them. (shrink)

The current prevailing view is that participation in biomedical research is above and beyond the call of duty. While some commentators have offered reasons against this, we propose a novel public goods argument for an obligation to participate in biomedical research. Biomedical knowledge is a public good, available to any individual even if that individual does not contribute to it. Participation in research is a critical way to support an important public good. Consequently, all have a duty to participate. (...) The current social norm is that individuals participate only if they have a good reason to do so. The public goods argument implies that individuals should participate unless they have a good reason not to. Such a shift would be of great aid to the progress of biomedical research, eventually making society significantly healthier and longer lived. (shrink)

We naturally attribute obligations to groups, and take such obligations to have consequences for the obligations of group members. The threat posed by anthropogenic climate change provides an urgent case. It seems that we, together, have an obligation to prevent climate catastrophe, and that we, as individuals, have an obligation to contribute. However, understood strictly, attributions of obligations to groups might seem illegitimate. On the one hand, the groups in question—the people alive today, say—are rarely fully-fledged moral agents, (...) making it unclear how they can be subjects of obligations. On the other, the attributions can rarely be understood distributively, as concerned with members’ obligations, because obligations to do something require a capacity to do it, and individual members often lack the relevant capacities. Moreover, even if groups can have obligations, it is unclear why that would be relevant for members, exactly because members often lack control over whether group obligations are fulfilled. In previous work, I have argued that a general understanding of individual obligations extends non-mysteriously to irreducibly shared obligations, rendering attributions of obligations to groups legitimate. In this paper, I spell out how the proposed account also helps us understand the relation between individual and shared obligations. Even though few individual human agents have any significant control over whether we will be successful in preventing climate catastrophe, our collective capacity to prevent catastrophe and shared preventative obligation to do so can give rise to significant individual obligations to contribute to its fulfillment. (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)

Many authors hold that collectives, as well as individuals can be the subjects of obligations. Typically these authors have focussed on the obligations of highly structured groups, and of small, informal groups. One might wonder, however, whether there could also be collective obligations which fall on everyone – what I shall call ' global collective obligations '. One reason for thinking that this is not possible has to do with considerations about agency : it seems as though an entity can (...) only be the subject of obligations if it is an agent. In this paper, I try to show that the argument from agency is not a good reason for being sceptical about the existence of global collective obligations : it derives whatever plausibility it has from the idea that claims about obligation need to be addressable to some agent. My suggestion is that we should accept this principle about the addressability of obligations, but deny that the addressee of an obligation need be the subject of that obligation. The collective obligations of unstructured collections of individuals, including global collective obligations, meet the addressability requirement insofar as they require something of the individuals who make up the collective. (shrink)

Data subject rights provide data controllers with obligations that can help with transparency, giving data subjects some control over their personal data. To date, a growing number of researchers have used these data subject rights as a methodology for data collection in research studies. No one, however, has gathered and analysed different academic research studies that use data subject rights as a methodology for data collection. To this end, we conducted a systematic literature review that searched, compiled, and analysed 32 (...) academic studies that use data subject rights as a data collection method. We find that the right of access is the most commonly-used data subject right by researchers, most studies are interested in measuring data subject rights compliance, and that a variety of difficulties exist in conducting research studies with data subject rights. We conclude that researchers should explore other data subject rights for alternative purposes, ease the process of exercising data subject rights, and improve the scalability of these studies. (shrink)

The objective of the paper is to analyze whether that the pharmaceutical companies producing HIV drugs have moral obligation(s) towards the HIV victims in developing countries who don‟t have access to get drug to reduce their risks. The primary assessment is that the pharmaceutical companies have minimum moral obligation(s) to the HIV patients especially in developing countries. It is because they are human beings and hence they are the subject of moral considerations. The paper argues that from the (...) sense of benevolence, there may be an obligation that will tend pharmaceutical companies to make an opportunity of the concerned HIV patients of developing countries to get drugs. The discussion will be made from the utilitarian point of view. Though it is assumed that, utilitarianism is too demanding, I will show that the too demanding ness of utilitarianism can be minimized and it will not be contradictory with the main theme of utilitarian morality. In this respect the counter examples and arguments will also be analyzed to make the claim stronger. The paper also argues that though the primary aim of the pharmaceutical companies is to make money, the actions that might be taken by the pharmaceutical companies for the welfare of HIV victims will not hamper them in making money for which they are deployed. (shrink)

In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy without political obligation’ (...) are subject to serious objections. In this article, I propose a new conception of ‘legitimacy without political obligation,’ and defend it against various objections that the revisionist idea of legitimacy is either conceptually or morally mistaken. This new conception of legitimacy promises to advance the debates between anarchists and statists by making the task of philosophical anarchists significantly more difficult. (shrink)

It is natural to think of political philosophy as being concerned with reflection on some of the ways in which groups of human beings come together to confront together the problems that they face together: in other words, as the domain, par excellence, of collective action. From this point of view it might seem surprising that the notion of collective obligation rarely assumes centre-stage within the subject. If there are, or can be, collective obligations, then these must surely constrain (...) the ways in which we can act collectively. Indeed, one might even suspect that considerations about collective obligations ought to play a central role in demarcating the form that any legitimate form of political organization ought to take. -/- Elsewhere I have argued that we have good reasons for accepting the existence of global collective obligations - in other words, collective obligations which fall on the world’s population as a whole.(Wringe 2006, 2010, forthcoming, under review) For example, the existence of such obligations provides a plausible solution to a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. Call such an obligation the ‘Obligation to Promote Satisfactory Global Institutions.’ I shall also examine a significant challenge to this line of argument, which I call the ‘Pluralist Challenge’ One might suppose that the ‘Obligation to Promote Satisfactory Global Institutions’ could be met by providing strategic support to attempts to modify and extend existing international institutions. After all, creating new institutions is a difficult matter: perhaps it would be better, especially where stringent obligations are concerned, to concentrate on those institutions which we already have. On the other hand, existing international institutions are subject to a range of significant moral and ethical criticisms. It would simply be naïve to suppose that their existence of such institutions is based on an international consensus about what justice requires; and it is not clear how we could motivate individuals who have severe ethical reservations about the existence of such institutions, or why we should wish to. This suggests that those who think that there are global collective obligations, and that such obligations should play an important role in shaping how we think of international distributive justice are faced with a significant dilemma: either support a program of extending and strengthening existing institutions in a way which risks entrenching some existing forms of injustice; or commit oneself to a program of attempting to build new institutions which will have to compete with those institutions we have already and which are unlikely to be in a position to meet help us to discharge our collective obligations at any point in the near future. Neither option seems satisfactory. I shall argue that our response should be to look for plausible ethical constraints on how international institutions should be developed, and suggest that these constraints are likely to take a cosmopolitan form. (shrink)

The second essay of Nietzsche's Genealogy of Morality (GM) offers a naturalistic and developmental account of the emergence of conscience, a faculty uniquely responsive to remembering and honoring obligations. This article attempts to solve an interpretive puzzle that is invited by the second essay's explanation of nonmoral obligation, prior to the capacity to feel guilt. Ostensibly, Nietzsche argues that the conscience and our concept of obligation originated within contractual (“creditor-debtor”) relations, when creditors punished delinquent debtors (GM II:5). However, (...) this interpretation, which I call the contractualist reading, is incoherent and subject to an insoluble bootstrapping problem. I argue instead that Nietzsche provides two accounts of nonmoral obligation in the second essay, and that the conscience originated in the morality of custom to track rule prohibitions (“I will nots” [GM II:3]), which Nietzsche conceives of as involuntary or reciprocal obligations that, unlike contractual debts, do not require the making of promises. (shrink)

On the basis of the problem of the possible compulsory nature of vaccines against Covid-19, this paper considers the sources that allow us to justify the imposition of collective measures. The social contract theory provides a rational basis for the universality of ethical and natural law obligations, including conditional respect for a protected domain of individual physical and moral integrity. However, the practical application of the covenant is subject to the uncertainty of what effective consequences the policies have. Ethical principles (...) show the problem of application in the environment of epistemological uncertainty. Only in a free society, with free scrutiny and deliberation, can justified knowledge be achieved that allows social measures to be agreed upon. The characteristics of the case that is the subject of this article lead to the conclusion that Covid-19 vaccines are not ethically obligatory, universally, but they can generate reasoned health measures, promotion, and limitations, based on proven positive effects, as a technical matter. (shrink)

Subjective rightness (or ‘ought’ or obligation) seems to be the sense of rightness that should be action guiding where more objective senses fail. However, there is an ambiguity between strong and weak senses of action guidance. No general account of subjective rightness can succeed in being action guiding in a strong sense by providing an immediately helpful instruction, because helpfulness always depends on the context. Subjective rightness is action guiding in a weaker sense, in that it (...) is always accessible and comprehensible to the agent. Hence traditional belief formulations say roughly, “do what you believe is best.” This is not yet a satisfactory formulation, because it cannot make sense of our ongoing subjective duty to improve our beliefs. The notion of ‘trying’ does capture the dynamic and diachronic nature of our subjective obligation. Thus, we should formulate subjective obligation in terms of trying: “try to do well by morality.”. (shrink)

Though feminists are correct to note that conventional standards of sexiness are oppressive, we argue that feminism should reclaim sexiness rather than reject it. We argue for an aesthetic and ethical practice of working to shift from conventional attributions of sexiness to respectful attributions, in which embodied sexual subjects are appreciated in their full individual magnificence. We argue that undertaking this practice is an ethical obligation, since it contributes to the full recognition of others’ humanity. We discuss the relationship (...) of ethical to aesthetic considerations and argue that the respectful notion of sexiness is a genuinely aesthetic one, even though it does not involve assessment in relation to standards. (shrink)

According to Immanuel Kant, the objective validity of obligation is given as a fact of reason, which forces itself upon us and which requires no deduction of the kind that he had provided for the categories in the Critique of Pure Reason. This fact grounds a moral philosophy that treats obligation as a good that trumps all others and that presents the moral subject as radically responsible, singled out by an imperatival address. Based on conceptions of indifference and (...) facticity that Charles Scott has articulated in his recent work, I argue that these broadly Kantian commitments are mistaken. More specifically, I argue that the fact of obligation is given along with a dimension of indifference that disrupts the hierarchical relation between moral and non-moral goods and that renders questionable the unconditional character of responsibility. (shrink)

In this paper I consider some issues concerning cognitive enhancements and the ethics of enhancing in reproduction and parenting. I argue that there are moral reasons to enhance the cognitive capacities of the children one has, or of the children one is going to have, and that these enhancements should not be seen as an alternative to pursuing important changes in society that might also improve one’s own and one’s children’s life. It has been argued that an emphasis on enhancing (...) cognitive capacities might encourage the commodification of children. But this objection seems misplaced. The reasons why one decides to reproduce can be subject to moral approbation or condemnation, as such rea-sons might be indicators of the quality of one’s parenting and the happiness of the future persons one is committed to bringing to life. However, once the decision to reproduce is made, no further harm comes from taking as few risks as possible on behalf of the persons to whom one is giving life with their health, character and cognitive capacities. (shrink)

Do famous athletes have special obligations to act virtuously? A number of philosophers have investigated this question by examining whether famous athletes are subject to special role model obligations (Wellman 2003; Feezel 2005; Spurgin 2012). In this paper we will take a different approach and give a positive response to this question by arguing for the position that sport and gaming celebrities are ‘ambassadors of the game’: moral agents whose vocations as rule-followers have unique implications for their non-lusory lives. According (...) to this idea, the actions of a game’s players and other stakeholders—especially the actions of its stars—directly affect the value of the game itself, a fact which generates additional moral reasons to behave in a virtuous manner. We will begin by explaining the three main positions one may take with respect to the question: moral exceptionalism, moral generalism, and moral exemplarism. We will argue that no convincing case for moral exemplarism has thus far been made, which gives us reason to look for new ways to defend this position. We then provide our own ‘ambassadors of the game’ account and argue that it gives us good reason to think that sport and game celebrities are subject to special obligations to act virtuously. (shrink)

Modern health data practices come with many practical uncertainties. In this paper, I argue that data subjects’ trust in the institutions and organizations that control their data, and their ability to know their own moral obligations in relation to their data, are undermined by significant uncertainties regarding the what, how, and who of mass data collection and analysis. I conclude by considering how proposals for managing situations of high uncertainty might be applied to this problem. These emphasize increasing organizational flexibility, (...) knowledge, and capacity, and reducing hazard. (shrink)

Philosophical defenses of parents’ rights typically appeal to the interests of parents, the interests of children, or some combination of these. Here I propose that at least in the case of biological, non-adoptive parents, these rights have a different normative basis: namely, these rights should be accorded to biological parents because of the compensatory duties such parents owe their children by virtue of having brought them into existence. Inspried by Seana Shiffrin, I argue that procreation inevitably encumbers the wills of (...) children in otherwise morally objectionable ways. Such subjection generates duties to compensate children, even if the child’s life is on balance a benefit to her. The right to procreate is thus conditioned on prospective parent’s willingness to compensate for the harms of procreation. And because parents bear such compensatory duties, they must be accorded permissions (i.e., rights) to fulfill these duties. These rights include familiar exclusionary rights to promote children’s welfare, etc. Moreover, because subjecting children to harms or the risks thereof violates their autonomy, parental duties (and rights) include the provision of education and other goods that enable their subsequent autonomy as adults. Grounding parental rights in compensatory procreative duties avoids problems associated with appeals to the interests of children (e.g., that these interests do not seem to generate exclusive parental rights) or to the interests of parents (e.g., that these interests do not appear strong enough to permit the creation of a new, vulnerable human individual). (shrink)

Because we must often make decisions in light of imperfect information about our prospective actions, the standard principles of objective obligation must be supplemented with principles of subjective obligation (which evaluate actions in light of what the agent believes about their circumstances and consequences). The point of principles of subjective obligation is to guide agents in making decisions. But should these principles be stated in terms of what the agent actually believes or what it would (...) be reasonable for her to believe about her prospective actions? I show that there are many decisions for which “reasonable belief” principles can’t be used by the decision-maker, especially in cases in which whether (or how) the agent investigates or deliberates affects the nature of the prospective action itself. I conclude that subjective rightness depends on what the agent actually believes, not what it would be reasonable for her to believe. (shrink)

Although legal personality has slowly begun to be granted to non-human entities that have a direct impact on the natural functioning of human societies (given their cultural significance), the same cannot be said for computer-based intelligence systems. While this notion has not had a significantly negative impact on humanity to this point in time that only remains the case because advanced computerised intelligence systems (ACIS) have not been acknowledged as reaching human-like levels. With the integration of ACIS in medical assistive (...) technologies such as companion robots and bionics, our legal treatment of ACIS must also adapt—least society faces legal challenges that may potentially lead to legally sanctioned discriminatory treatment. For this reason, this article exposes the complexity of normalizing definitions of “natural” human subjects, clarifies how current bioethical discourse has been unable to effectively guide ACIS integration into implanted and external artefacts, and argues for the establishment of legal delineations between various ACIS-human mergers in reference to legal protections and obligations internationally. (shrink)

Europe has never had a single definition for the term ‘citizen.’ Indeed, over the centuries the significance of this term has undergone far-reaching evolution. In different historical periods, different states, and different European languages, this term has had diverse meanings and has been used in varying contexts. The concept of ‘citizen’ has repeatedly been defined anew depending upon specific political, social, and economic conditions. At various periods, the term ‘citizen’ has related to a wider or narrower portion of a given (...) state’s society. The criteria by which an individual was said to form a part of the body of citizens have also differed. The changes which have taken place in the definition of a ‘citizen’ over the centuries are enormous. This is not to say, however, that there has been no common core to the concept of citizen as it has taken shape over the course of hundreds of years. As far back as ancient times, a member of the state could influence the shaping of that state’s authorities and could participate in government. It is the Aristotelian concept of the citizen – a concept that has influenced all historical models of citizenship since – which is at the root of the citizen understood as a political animal (politikon zoon). In addition, personal freedom has always been a sine qua non for possessing citizen status. Thus, a citizen has always been, and remains, the opposite of a slave. It has also come to be accepted that citizenship implies the primacy of an individual’s rights in a state over an individual’s obligations to that state. The polar opposite of this situation in the historical dimension is subjection to the monarch in an absolute monarchy. Thus the ‘citizen’ also stands in opposition to the ‘subject.’ When speaking of the historical models containing the said ‘citizenship traits’ of a person’s status in the state, we usually refer to the model of the citizen in ancient times, in medieval municipal citizenship, and in modern times, in the fully−formed nation-state. It is difficult to imagine a citizen in an absolute monarchy, and in a world of subjection. Still, it is possible to give rein to one’s imagination and perceive citizens in such a setting; one could even go a step further and call the subject of an absolute monarch a citizen. But is imagination truly necessary in order to conduct such a seemingly obvious reversal of perspective? Published as a chapter in Krzysztof Trzciński (ed.), The State and Development in Africa and Other Regions, Warsaw University & ASPRA, Warsaw 2007, pp. 319-332. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. (...) Second, resolving to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

Here is a crucial principle for debates about moral luck, responsibility, and free will: a subject is blameworthy for an act only if, in acting, she did what she ought not to have done. That is, ‘blameworthiness’ implies ‘ought not’ (BION). There are some good reasons to accept BION, but whether we should accept it depends on complex questions about the objectivity of ought and the subjectivity of blameworthiness. This paper offers an exploratory defence of BION: it gives three prima (...) facie reasons to accept it, provides a plausible interpretation of it, and shows how holding out against objections can yield fruitful lessons. Five objections to BION are considered: the objection from conscience, from reasons, from suberogation, from objectivity, and from excuses. Their main problem is to either over-subjectify blameworthiness or to over-objectify obligations. To accept BION, we must occupy a desirable middle ground. (shrink)

I develop and defend the view that subjects are necessarily psychologically able to revise their beliefs in response to relevant counter-evidence. Specifically, subjects can revise their beliefs in response to relevant counter-evidence, given their current psychological mechanisms and skills. If a subject lacks this ability, then the mental state in question is not a belief, though it may be some other kind of cognitive attitude, such as a supposition, an entertained thought, or a pretense. The result is a moderately revisionary (...) view of belief: while most mental states we thought were beliefs are beliefs, some mental states which we thought were beliefs are not beliefs. The argument for this view draws on two key claims: First, subjects are rationally obligated to revise their beliefs in response to relevant counter-evidence. Second, if some subject is rationally obligated to revise one of her mental states, then that subject can revise that mental state, given her current psychological mechanisms and skills. Along the way to defending these claims, I argue that rational obligations can govern activities which reflect on one’s rational character, whether or not those activities are under one’s voluntary control. I also show how the relevant version of epistemic ‘ought’ implies ‘can’ survives an objection which plagues other variants of the principle. (shrink)

The subject of the paper is a polemic between Leonard Nelson and Ernst Cassirer mainly concerning the understanding of the critical method in philosophy. Nelson refutes the accusation of psychologism and attacks the core of the philosophy of the Marburg School of Neo-Kantianism. In response to those allegations, Cassirer feels obliged to defend the position of his masters and performs this task brilliantly. The present paper considers similarities and differences in the positions of both sides in this debate. I try (...) to evaluate the arguments of both sides and argue that they took basically the same positions, while the existing discrepancies did not justify such an intense polemic. If the disputing sides had approached the discussion in a less emotional way, it could have led to substantive and interesting conclusions. (shrink)

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of actions (...) – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (shrink)

One natural way to argue for the existence of some subjective constraint on agents’ obligations is to maintain that without that particular constraint, agents will sometimes be obligated to do that which they lack the ability to do. In this paper, I maintain that while such a strategy appears promising, it is fraught with pitfalls. Specifically, I argue that because the truth of an ability ascription depends on an (almost always implicit) characterization of the relevant possibility space, different metaethical (...) accounts take obligation to be constrained by different senses of ability. As a result, what initially looks to be a point of consensus—that ability constrains obligation—turns out to be a point of contention, and arguments with this at the foundation are much more likely to obscure, rather than resolve, metaethical disputes. Despite this, appeals to ability in metaethics aren’t doomed to be fruitless. On the contrary, if we can independently establish a particular sense of ability as the normatively relevant one, then we have good grounds for ruling out metaethical accounts that are inconsistent with it. In the final section, I make just such an argument. What seems right about the thought that ability constrains obligation is that an agent cannot be obligated to do that which her circumstances prevent her from doing. I argue that only a sense of ability that is both epistemically and motivationally restricted adequately respects the limits of agential control. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms (...) of international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

The main subject of this paper is the two significant problems of environmental ethics which are ecofascism and speciesism. This scrutiny offers an evaluative perspective on the main problems of environmental ethics and is conducted with this aim. Most of the environmental philosophers, all the difficulties notwithstanding, try to find a middle way in the ecofascism-speciesism continuum and their theories get closer to one or the other edge of this continuum. John Baird Callicott is one of the environmental philosophers who (...) struggle with this issue when his theory indicates one of the problems or gets closer to one of the edges, he tries to find a new way to go. There are six turns in Callicott's philosophy starting with strong holism due to accepting Leopold's land ethic as a basis. Then, he constructed a theory that pushes him closer to the speciesist edge, and finally, he found a way out from these fatal consequences. However, all the environmental philosophers face the same problems in their journey although they are either holists or individualists in the end. In constructing a holistic environmental ethical theory, for instance, they may be in ecofascism difficulty because holism requires man to be an ordinary member of the biotic community as seen in the first turn. Or, establishing a special place for humankind to ditch the ecofascism crisis may cause another equally important crisis, namely, speciesism (see the third turn). Some philosophers prefer to be closer to one of the edges always being on guard against the other. Some others, like Callicott, try to find a middle way equally far from the edges. However, this choice is no easier. Selecting to be a member of both the human community and biotic community brings different problems, such as ranking problems between the duties and obligations toward the communities and their members, i.e. a challenge to decision-making processes. For such problems, they come up with some principles or rules like second-order principles (SOPs) as Callicott did (in the fifth turn). But, these rules or principles are not sufficient enough to solve the ranking problems of setting priorities among our duties to members of both communities, either. Thus, either there is a need for more regulations and rules, or these two communities should be separated in a different dimension and gathered at another level. The second choice is preferred by Callicott and used as a solution to the main problem: constructing an environmental ethical theory that involves whole nature with its members and which is free from two essential problems (see the sixth turn). As a final point, Callicott's last theory seems to point to the conclusion that an environmental ethical theory is possible without falling into the ecofascism and speciesism traps, i.e. his last stand can facilitate the attainment of the main subject of this essay. (shrink)

In Leviathan chapter 31 Hobbes refers to atheists and deists as "God's enemies." The contrast class is God's subjects in what he calls the Kingdom of God by Nature. This chapter offers an account of how one submits to God to become God's natural subject. The explanation reinforces the distinction between a primary and secondary state of nature. Submission to God obligates natural subjects to obey the laws of nature because the precepts of those laws acquire thereby the normative force (...) of law. The view further explains why submission to God differs from submission to a civil sovereign, despite the fact that both are voluntary. (shrink)

Despite the recent backlash against epistemic consequentialism, an explicit systematic alternative has yet to emerge. This paper articulates and defends a novel alternative, Epistemic Kantianism, which rests on a requirement of respect for the truth. §1 tackles some preliminaries concerning the proper formulation of the epistemic consequentialism / non-consequentialism divide, explains where Epistemic Kantianism falls in the dialectical landscape, and shows how it can capture what seems attractive about epistemic consequentialism while yielding predictions that are harder for the latter to (...) secure in a principled way. §2 presents Epistemic Kantianism. §3 argues that it is uniquely poised to satisfy the desiderata set out in §1 on an ideal theory of epistemic justification. §4 gives three further arguments, suggesting that it (i) best explains the objective normative significance of the subject's perspective in epistemology, (ii) follows from the kind of axiology needed to solve the swamping problem together with modest assumptions about the relation between the evaluative and the deontic, and (iii) illuminates certain asymmetries in epistemic value and obligation. §5 takes stock and reassesses the score in the debate. (shrink)

The double subjectivity of conscience and the need to test conscientious objections -/- Abstract In spite of the collapse of the traditional objective concept of conscience and the subsequent subjectivation of conscience, conscientious objections are still often considered as a valid ground for exemption from legal and professional obligations. Conscientious objections are seen as more serious than ordinary moral objections. It is not evident why this is so. I argue, with Niklas Luhmann, that the function of conscience is to protect (...) the moral core of a person’s identity. Overruling conscientious objections threatens this core. Claims of conscience are usually founded on the right of freedom of conscience. This right is not absolute. I discuss the view of Richard Arneson who rejects the right of freedom of conscience and defends the right against conscience. I agree with Arneson that, at the one hand, conscientious objectors may constitute a threat to the social and legal order when their objections are not recognised and, at the other hand, too easy giving in to conscientious objections may also threaten the viability of social and legal order. That is why it is needed to determine when conscientious objections cannot be taken at face value, but should be subjected to a series of tests. The aim of these tests is to contain the number of objectors. I discuss 6 criteria for determining whether conscientious objections ground an exemption to legal and professional obligations. At the end of the article I discuss the conscientious objections of medical doctors. (shrink)

“The issue of obligation and free determination had been subject to polemics due to religious concerns. One group defended carbriyya on the basis of the absolute sovereignty of God. While others argued the idea of indetermination in terms of divine justice. After explaining and critizing these thoughts, Molla Sadra gave explanation to the opinions of the Ash’arites on the subject. And then he formed the basis of a new theory called “theory of ahl-i yakin” while getting inspired by the (...) words of Ali b. Ebu Talib who says “there is neither determination nor tawfiz, indeed it is between these” So to speak, human acts are related to both human beings and God.”. (shrink)

Looking at responsibility within a Lévinasian sense, human beings are firstly seen not in the philosophically traditional sense, of being egocentric, but rather seen as ethical subjects based on “the other” (Lévinas & Hand, 1989). The purpose of this paper is to examine the notion of responsibility as Lévinas conceptualized in the idea that human beings are responsible for not only themselves but for others. Lévinas within “Ethics as First Philosophy” (Lévinas & Hand, 1989) states that before all other forms (...) of being in the world there must be responsibility to the Other (Lévinas & Hand, 1989). Lévinas defines this to mean that before freedom of the subject, and their subjectivity, before self-consciousness, before the consciousness of consciousness, before being, and before relativity there is “responsibility for the Other pre-exists any self-consciousness” (Lévinas & Hand, 1989, p.75). Perhaps, Lévinas is saying that a human beings obligation comes before all of what follows from our being in this world, our obligation to the Other beginning with the “face to face” (Lévinas & Hand, 1989, p.75), interaction, which is our first and foremost responsibility, the responsibility to the Other. And to be ethical beings who begin with responsibility we rely on the fundamental relationship of others. This notion of responsibility appears when we encounter, in the face-to-face interaction, the unknowable other. However, does this responsibility extend to more than two individuals and to those outside our immediate proximity? For example, Lévinas states that it is the “face to face” notion of seeing one in distress, yet what if it is a group of people, and what if they are not in close proximity but on the other side of the world? What if they are on the other side of a screen that can also be artificial intelligence in our modern era. Are we still responsible? And if we are responsible, how does Lévinas’s concept of responsibility fit into that situation or is it limited? I want to examine responsibility in terms of proximity through a Lévinasian ethical lens and plurality, defined as more than two individuals, by questioning responsibility in terms of relationality, and vulnerability. I will be looking mainly at five authors Emmanuel Lévinas, Ernst Van Alphen, Judith Butler, Kevin Quashi, and Lisa Guenther, to answer the question of whether Lévinas’s definition of responsibility includes proximity, and plurality. (shrink)

: Recently, Erik Wielenberg has developed a novel objection to divine command meta-ethics. The objection that DCM "has the implausible implication that psychopaths have no moral obligations and hence their evil acts, no matter how evil, are morally permissible". This article criticizes Wielenberg's argument. Section 1 will expound Wielenberg's new "psychopath" argument in the context of the recent debate over the Promulgation Objection. Section 2 will discuss two ambiguities in the argument; in particular, Wielenberg’s formulation is ambiguous between whether Wielenberg (...) uses the word "obligation" in an objective or subjective sense. Section 3 will argue that this ambiguity undercuts the argument. If Wielenberg is using the word obligation in a subjective sense, his arguments do not show that that psychopaths "have no moral obligations". By contrast, if Wielenberg is using the word obligation in an objective sense, his arguments do not show that Divine command theorists are committed to denying psychopaths have obligations. (shrink)

Twenty-one units of school E-books subjecting in Arts and Culture in total has been released nationwide, which must be consented by Indonesia’s Body of National Standard of Education (Badan Standar Nasional Pendidikan) – the appointed organization to certify Indonesia’s educational features. The graphic instruments applied on cover designs, of which emphasis is merely on technical aspects, requires further examination. Such condition becomes the basis of this study in order to identify, describe and illustrate the implementation of cover designing school E-books (...) subjecting in Arts and Culture through: (1) proficient instructional media’s perspective, (2) visual communication design’s perspective, (3) visual semiotics’ perspective, and (4) end users’ perspective. Additionally, it also qualifies the cover designs. Pertaining qualitative research toward the entire 21 school E-books subjecting in Arts and Culture, the data gathering process involves three sets of instrument:comprehensive reading on visual marks and their relevance with the books’ concepts as cited by C.S. Peirce, corroborative approach toward specialists on both instructional media and visual communication designs, and collective line on end users’ responds. Conclusively, it is found out that: (1) instructional media consultants agree on the significance of all covers, while visual communication designers pronounce that twelve of them are worth it, (2) all covers meet the books’ concepts’ relevance semiotically, (3) students as end-users have positive responds toward all covers, and (4) 12 out of 21 sets of cover design qualify after fulfilling all criteria obliged by this study. Therefore, it recommends: (1) optimal application of visual marks in cover designing process by utilizing e-book features, (2) mature procedure in selecting cover designer(s) to better represent the concept of each book, and (3) intensification on selecting E-book cover designs. The Body of National Standard of Education needs to assess not only technical instruments applied, but also multimedia studies and visual communication designing theories. Further, it is expected to involve both the expertise of visual communication designers and view of the students as targeted end-users in future evaluation process. (shrink)

The predominant view is that a study using health data is observational research and should require individual consent unless it can be shown that gaining consent is impractical. But recent arguments have been made that citizens have an ethical obligation to share their health information for research purposes. In our view, this obligation is sufficient ground to expand the circumstances where secondary use research with identifiable health information is permitted without explicit subject consent. As such, for some studies (...) the Institutional Review Board/Research Ethics Committee review process should not assess the practicality of gaining consent for data use. Instead the review process should focus on assessing the public good of the research, public engagement and transparency. (shrink)

Aristotle’s account of the virtue of justice has been regarded as one of the least successful aspects of his ethics. Among the most serious criticisms lodged against his views are (i) that he fails to identify the proper subject matter of justice (LeBar 2020), (ii) that he wrongly identifies the characteristic motives relevant for justice and injustice (Williams 1980), and (iii) that his account is parochial, i.e., that it fails to correctly recognize or characterize our obligations of justice to those (...) outside our community (Annas 1995; Curzer 2012, ch. 13). Indeed, Mark LeBar has recently argued that, although Aristotle’s eudaimonist framework remains the most promising metaethical strategy to ground justice as a virtue of individual human beings, the normative content of his theory is so flawed that neo-Aristotelians ought to adopt a Kantian theory of justice that centers on according respect to persons (LeBar 2020). My aim in this paper is to defend Aristotle’s views from these criticisms in order to show that it holds promise as an account of justice as a virtue. Notably, neo-Aristotelians have generally neglected the topic of justice, despite its centrality to Aristotle’s ethics and to our own social lives. I argue that they ought to take Aristotle’s account seriously as a starting point for their own theorizing, while recognizing that it needs modification on some points. (shrink)

Controversial view agnosticism is the thesis that we are rationally obligated to withhold judgment about a large portion of our beliefs in controversial subject areas, such as philosophy, religion, morality and politics. Given that one’s social identity is in no small part a function of one’s positive commitments in controversial areas, CVA has unsurprisingly been regarded as objectionably ‘spineless.’ That said, CVA seems like an unavoidable consequence of a prominent view in the epistemology of disagreement—conformism—according to which the rational response (...) to discovering that someone you identify as an epistemic peer or expert about p disagrees with you vis-à-vis p is to withhold judgment. This paper proposes a novel way to maintain the core conciliatory insight without devolving into an agnosticism that is objectionably spineless. The approach offered takes as a starting point the observation that–for reasons that will be made clear—the contemporary debate has bypassed the issue of the reasonableness of maintaining, rather than giving up, representational states weaker than belief in controversial areas. The new position developed and defended here explores this overlooked space; what results is a kind of controversial view. (shrink)

Doxastic normativism is the thesis that norms are constitutive of or essential to belief, such that no mental state not subject to those norms counts as a belief. A common normativist view is that belief is essentially governed by a norm of truth. According to Krister Bykvist and Anandi Hattiangadi, truth norms for belief cannot be formulated without unpalatable consequences: they are either false or they impose unsatisfiable requirements on believers. I propose that we construe the fundamental norm of belief (...) as a knowledge norm, rather than a truth norm. I argue that a specific kind of knowledge norm—one that has a subject's obligation to believe that p depend on her being in a position to know that p—might avoid the well-known formulation problems with truth norms. (shrink)

ABSTRACTIn a series of articles, Asbjørn Steglich-Petersen and Nick Zangwill argue that, since propositional attitude ascription judgements do not behave like normative judgements in being subject to a priori normative supervenience and the Because Constraint, PAs cannot be constitutively normative.1 I argue that, for a specific version of normativism, according to which PAs are normative commitments, these arguments fail. To this end, I argue that commitments and obligations should be distinguished. Then, I show that the intuitions allegedly governing all normative (...) judgements do not even purport to hold for commitment-attributing judgements.RÉSUMÉDans une série d'articles, Asbjørn Steglich-Petersen et Nick Zangwill font valoir que, puisque les jugements d'attribution d'attitude propositionnelle ne se comportent pas comme des jugements normatifs en étant soumis à la survenance normative a priori et à la contrainte du Parce que, les AP ne peuvent être constitutivement normatives. Je soutiens que, pour une version spécifique du normativisme, selon laquelle les AP sont des engagements normatifs, ces arguments échouent. À cette fin, je soutiens d'abord que les engagements et les obligations devraient être séparés. Ensuite, je démontre que les intuitions qui régiraient prétendument tous les jugements normatifs ne prétendent même pas s'appliquer aux jugements attributifs d'un engagement. (shrink)

Health care providers are expected both to relieve pain and to provide anticipatory guidance regarding how much a procedure is going to hurt. Fulfilling those expectations is complicated by the cognitive modulation of pain perception. Warning people to expect pain or setting expectations for pain relief not only influences their subjective experience, but it also alters how nociceptive stimuli are processed throughout the sensory and discriminative pathways in the brain. In light of this, I reconsider the characterization of placebo (...) analgesia as pharmacologically inert and the use of it as deceptive. I show that placebo analgesia exploits the same physical mechanisms as proven analgesics and argue that it should be utilized to relieve pain. Additionally, I describe factors to help identify situations in which clinicians have the obligation to disclose the potential for pain coupled with ways of mitigating the risk of high-intensity pain by setting positive expectations. (shrink)

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...) Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

The present study expresses the thesis that there is a direct connection between the development of the consciousness of individuals in a society, the occurrence of law, and the formation of free will. First of all, the text distinguishes between consciousness in the broad sense and consciousness in the narrow sense. Also, the text represents the different degrees of awareness, which will answer the question at what level of their development human individuals reach the ability to coexist in a legal (...) society. Subsequently, the thesis will be defended that in such a legal society the necessary prerequisites for the formation of free will in the individual subject are created. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

In this paper, I set out a new Kantian approach to resolving conflicts between moral obligations for highly autonomous machine agents. First, I argue that efforts to build explicitly moral autonomous machine agents should focus on what Kant refers to as duties of right, which are duties that everyone could accept, rather than on duties of virtue (or “ethics”), which are subject to dispute in particular cases. “Moral” machines must first be rightful machines, I argue. I then show how this (...) shift in focus from ethics to a standard of public right resolves the conflicts in what is known as the "trolley problem" for autonomous ma-chine agents. Finally, I consider how a deontic logic suitable for capturing duties of right might meet Kant’s requirement that rightfully enforceable obligations be consistent in a system of equal freedom under universal law. (shrink)

I defend the thesis that beliefs are constitutively normative from two kinds of objection. After clarifying what a “blindspot” proposition is and the different types of blindspots there can be, I show that the existence of such propositions does not undermine the thesis that beliefs are essentially governed by a negative truth norm. I argue that the “normative variance” exhibited by this norm is not a defect. I also argue that if we accept a distinction between subjective and objective (...) norms there need be no worrying tension between doxastic norms of truth and doxastic norms of evidence. I show how a similar approach applies to the attitude of guessing. I then suggest that if we distinguish between practical and theoretical rationality, we will prefer a negative form of norm that does not positively oblige us to form beliefs. I finish by considering an alternative possible subjunctive form of norm that would also avoid problems with blindspots but suggest this has a non-intuitive consequence. (shrink)

States’ right to exclude prospective members is the subject of a fierce debate in political theory, but the right to include has received relatively little scholarly attention. To address this lacuna, we examine the puzzle of permissible inclusion: when may states confer citizenship on individuals they have no prior obligation to include? We first clarify why permissible inclusion is a puzzle, then proceed to a normative evaluation of this practice and its limits. We investigate self-determination – a dominant principle (...) in theories of the right to exclude – as a normative ground for limits on the right to include. We argue that states’ duties to respect one another’s self-determination yield limits on permissible inclusion. When inclusive policies for citizenship undermine the permissible scope of self-determination of other states, they are impermissible; they should either be prohibited, or require compensation. (shrink)