This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter (...) introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties – the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. (...) The chapter introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g., the Green Climate Fund) or intergenerationally (e.g., Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases that require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

Scholars who favor shareholder primacy usually claim either that managers should not fulfill corporate duties of beneficence or that, if they are required to fulfill them, they do so by going against their obligations to shareholders. Distinguishing between structurally different types of duties of beneficence and recognizing the full force of the normative demands imposed on managers reveal that this view needs to be qualified. Although it is correct to think that managers, when acting on behalf of shareholders, are not (...) required to fulfill wide duties of charity, they are nevertheless required to fulfill a variety of narrow duties of beneficence. What is more, the obligation to fulfill these duties arises precisely because they are acting on behalf of shareholders. As such, this article 1) refines our understanding of the duties of corporate beneficence and 2) helps to identify which duties of beneficence are imposed on managers when they are acting on behalf of shareholders. (shrink)

Nonprofit organizations play a crucial role in society. Unfortunately, many such organizations are chronically underfunded and struggle to meet their objectives. These facts have significant implications for corporate philanthropy and Kant’s notion of imperfect duties. Under the concept of imperfect duties, businesses would have wide discretion regarding which charities receive donations, how much money to give, and when such donations take place. A perceived problem with imperfect duties is that they can lead to moral laxity; that is, a failure on (...) the part of businesses to fulfill their financial obligations to nonprofit organizations. This article argues the problem of moral laxity rests on a misinterpretation of Kantian ethics and, therefore, is really not a problem at all. As such, we argue corporate philanthropy while an imperfect duty should be interpreted more akin to perfect duties and, as a consequence, moral laxity does not arise for those corporations committed to acting on the basis of the moral law. More specifically, firms have duty-based obligations on the basis of benevolence, and as good corporate citizens, to help fund non-profit organizations. (shrink)

Ever since the publication of Singer’s (1972) article on ‘Famine, Affluence, and Morality’ have debates about duties to the distant needy been marked by a high degree of controversy. Most contributors discuss how duties are established or influenced by the fact that those in need of help can be geographically close or distant. In other words, they debate the problem of duty and distance from the perspective of duties. Here, we change tack and put the concept of distance (...) at the centre of the analysis. We ask: what precisely is the definition and role of geographical distance in the different contributions? We argue that a distinction between empirical and moral disagreement over geographical distance clarifies several important aspects of the debate. The analysis also sheds new light on duties in the current European refugee crisis. (shrink)

Concern regarding overly demanding duties has been a prominent feature of moral debate ever since the possibility was famously sounded out by Bernard Williams nearly fifty years ago. More recently, some theorists have attempted to resolve the issue by reconsidering its underlying structure, drawing attention to the possibility that the duties to respond to large-scale moral issues like global poverty, systemic racism, and climate change may be fundamentally collective duties rather than indi- vidual ones. On this view, the relationship between (...) potentially overly demanding individual duties and large-scale moral issues is mediated by the fact that the duties are, first and foremost, ours together rather than each of ours on our own. We believe this theoretical shift constitutes an important development for moral theory regarding large-scale moral problems, but in this paper we focus on two dis- tinct reasons to think that the interplay between collective duties and demanding- ness is more complicated than has typically been appreciated. First, we argue that in cases in which risks or burdens are indivisible, the move to collectivize duties fails to fulfill its promise to alleviate demandingness concerns, and moreover that those kinds of cases are far more widespread than they may initially appear to be. Sec- ond, we argue that if concerns over individual demandingness could block a putative obligation from becoming an actual moral duty, then, in some cases at least, con- cerns over collective demandingness could do so as well. These complications help elucidate the fact that while the move to collectivize duties can address demanding- ness concerns in a particular subset of cases, in others doing so may merely relo- cate—or even exacerbate—the problem. (shrink)

Drawing from moral foundations theory, we show that differences in sensitivity to distinct moral norms help explain differences in the perceived fairness of punishing employees for off-duty deviance. We used an initial study to validate realistic examples of non-criminal behavior that were perceived as violating a specific moral foundation. Participants in the main study evaluated scenarios in which co-workers were fired for those behaviors, which took place outside of work but were revealed via social media. The extent to (...) which participants valued the norm violated by the co-worker positively predicted perceived fairness of the firing, and negatively predicted expressed intent to take retributive action against the responsible manager. This effect was moderated by the presence of a pre-existing organizational policy regarding off-duty conduct, which uniformly decreased negative reactions to the firing. Because social media now makes the revelation of an employee’s off-duty behavior to a broad audience increasingly likely, our results suggest the importance of developing an approach for responding to employee off-duty deviance while highlighting the relevance of moral pluralism to the study of third-party reactions. (shrink)

When infectious disease outbreaks strike, health facilities acquire labels such as “war zones” and “battlefields” and healthcare professionals become “heroes” on the “front line.” But unlike soldiers, healthcare professionals often take on these dangerous roles without any prior intention or explicit expectation that their work will place them in grave personal danger. This inevitably raises questions about their role-related obligations and whether they should be free to choose not to endanger themselves. In this article, I argue that it is helpful (...) to view this situation not only through the lens of “professional duty” but also through the lens of “role-related conflicts.” Doing so has the advantage of avoiding exceptionalism and allowing us to draw lessons not only from previous epidemics but also from a wide range of far more common role-related dilemmas in healthcare. (shrink)

The societal benefits derived from competitive markets certainly depend upon participants conforming to generally accepted notions of moral duty. These notions include negative duties such as those against fraud, deception, and coercion and also positive duties such as those that favor beneficence but with limits. This investigation examines the extent that product, capital, and internal-labor markets are capable of imposing conformance to society’s expectations of duty through both formally and informally organized boycotts. A categorization of classic and recent (...) boycotts into those motivated by (i) establishing new norms, or (ii) enforcing existing generally accepted norms is provided. This categorization helps to explain why some boycotts are successful, and others not. Through this exploration, a contribution to the resolution of the so called “Adam Smith problem” concerning the morality-enforcing capability of the invisible hand is offered. (shrink)

Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, (...) cultural identity, excellence and independence, faith and spirituality, narrative and beauty, and more besides. I term this twin phenomenon—a core of fixed moral duties driven by diverse motives—“moral motive pluralism.” In this article, I marshal evidence to show the prevalence of the phenomenon. Contrary to widespread assumptions, across generations and cultures, diverse motives drive different people to perform their moral duties. But despite this diversity, each different motive impels conscientious compliance with the same core moral duties. I argue this phenomenon undermines key types of evidence commonly employed to justify popular moral philosophies, and provides us with reason to seriously consider certain sorts of ethical theories—especially “functionalist” accounts of morality. (shrink)

This paper considers the role of ‘vices of culture’ in Immanuel Kant’s account of radical evil and education. I argue that Kant was keenly aware of a uniquely human tendency to allow a self-centered concern for status to misunderstand or co-opt the language of dignity and equal worth for its own purposes. This tendency lies at the root of the ‘vices of culture’ and ‘aggravated vices’ that Kant describes in the Religion and Doctrine of Virtue, respectively. When it comes to (...) moral education, then, it will be crucial that the developing agent have a clear understanding of the shared dignity of rational agents and the particular duties that are defined, in part, by their tendency to alter status among agents. I argue that the casuistical questions that Kant attaches to these discussions in the Doctrine of Virtue are an example of a pedagogical device that might help pupils to overcome this tendency so closely associated with radical evil. (shrink)

A better appreciation of Kant’s commitments in a variety of disciplines reveals Kant had a deeper understanding of human and non-human animals than generally recognized, and this sheds new light on Kant’s claims about the nature and scope of moral status and helps to address, at least from Kant’s perspective, many of the familiar objections to his notorious account of “duties regarding animals.” Kant’s core principles about the nature of moral obligation structure his thoughts about the moral status of human (...) beings and non-human animals. Kant’s commitments in biology, psychology, anthropology and physical geography support his account of the nature of and distinction between humans and non-human animals. This account supports Kant’s judgment that we have duties to every human being and significant duties regarding non-human animals, duties which involve direct concern for animals because of their nature. A comparison of Kant’s account with some recently proposed Kantian alternatives provides additional perspective on some of the distinctive features, and strengths and weaknesses, of Kant’s approach. (shrink)

In this essay I rethink a view that I developed in my Kantian Ethics Almost Without Apology , concerning how ethical theory should handle the phenomena that are standardly classified as supererogatory acts. The view I elaborated rejects the standard contemporary picture, according to which ethics needs to draw a line separating duty from what is "beyond duty"--the supererogatory. On the Kantian picture, beneficent acts are not beyond duty, for we are required to help others, but (...) we are not required to help whenever possible, and so it is not the case that each individual beneficent act is required by duty. Helping is required; helping here and now is not. After contrasting this view with the standard picture and explaining that much of what contemporary philosophers wanted to capture with the notion of the supererogatory can be captured with the Kantian notion of imperfect duties together with attention to the agent's character, I raise some problems for my view and try to address them. First, what about heroic actions that are not in character? Don't we need the notion of supererogatory acts to recognize their greatness? Second, isn't virtue doing all the conceptual work? Is there even any need to appeal to the notion of imperfect duties? Third, although I claimed in my book that it is an advantage of the Kantian view that moral excellence comes in many varieties, arguably it is too pluralistic. In dem Beitrag überdenke ich eine Auffassung, die ich in meinem Buch Kantian Ethics Almost Without Apology entwickelt habe. Sie betrifft die Frage, wie ethische Theorien das Phänomen behandeln sollen, das üblicherweise als "Supererogation" bezeichnet wird. Die von mir ausgearbeitete Auffassung verwirft das heute gängige Bild, nach dem Ethik abgrenzen muß zwischen dem, was Pflicht ist, und dem, was "jenseits der Pflicht" steht -- dem Supererogatorischen. Nach Kants Vorstellung sind wohltätige Handlungen nicht jenseits der Pflicht, da wir verpflichtet sind, anderen zu helfen. Wir müssen jedoch nicht in jeder möglichen Situation helfen, und daher ist es nicht der Fall, daß jede einzelne wohltätige Handlung Pflicht ist. Hilfe zu leisten , ist geboten; Hilfe hier und jetzt zu leisten, nicht. In einer Gegenüberstellung dieser Auffassung mit der gängigen Vorstellung zeige ich, daß vieles von dem, was moderne Philosophen mit dem Begriff des Supererogatorischen erklären wollen, auch mit Kants Begriff der unvollkommenen Pflichten, verbunden mit einem Blick auf den Charakter des Handelnden, erklärt werden kann. Danach werfe ich einige Probleme auf, die sich meiner Auffassung stellen, und versuche, Antworten zu geben. Erstens: Wie steht es mit heldenhaften Handlungen, die nicht dem Charakter des Handelnden entsprechen? Brauchen wir nicht den Begriff des supererogatorischen Handelns, um ihre Größe zu erkennen? Zweitens: Genügt nicht der Begriff der Tugend? Besteht irgendeine Notwendigkeit, auf den Begriff der unvollkommenen Pflicht zurückzugreifen? Drittens: Obwohl ich in meinem Buch behaupte, es sei ein Vorteil der Kantischen Sicht, daß moralische Vortrefflichkeit viele Gesichter hat, ist Kants Auffassung doch vielleicht zu pluralistisch. (shrink)

The question of the world in itself — the world beyond its correlation with experience in the broadest sense — is one of the sore points of phenomenology and becomes especially acute in the light of modern discussions around correlationism. These discussions, in one way or another, make phenomenology come around to the classical distinction between the phenomenon and the thing-in-itself, with the help of which Kant outlines the field of ethics as a special world lying on the other (...) side of the correlation of knowledge and object constitutive for nature. Philosophy deals with the thing-in-itself in the proper, positive sense of the word, not as phenomenology (transcendental philosophy, which reveals the correlation of knowledge and reality in the world of phenomena and the futility of attempts by theoretical reason to know anything beyond phenomena), but as a critique of practical reason. The article attempts to consider the opposition of the thing-in-itself and the phenomenon in the context of the criticism that Kant’s practical philosophy is subjected to in Hegel’s The Phenomenology of Spirit and to explicate the arguments that this criticism makes available to phenomenology for rethinking the problem of Ding an sich and the ethical dimension of the epoche. The first part of the article examines the Hegelian analysis of the main contradiction contained in the Kantian opposition of duty as something that is in itself, and nature as a phenomenon (this opposition forms what Hegel calls the moral worldview): duty does not depend on nature and therefore does not need natural (phenomenal) realization in actions, but at the same time, duty is nothing but the necessity of actions and, consequently, the necessity of a phenomenon. This contradiction, as Hegel shows, leads to the disintegration of the moral worldview and, thus, turns into the sublation of the absolute separation of duty (thing in itself) and nature (phenomenon). The restitution of the difference between the moral an sich and the phenomenon within conscience — a phenomenon that arises as a result of the destruction of the moral worldview — turns into a new paradox, which demonstrates that the thing-in-itself (ethical good), since it is freed from the phenomenon, is not only unreal, but also turns into its own opposite. The paradox consists in the fact that the consciousness of duty, taken in its independence from the phenomenal realization in actions, becomes evil itself, turning to hypocrisy in the moral judgment about other people’s actions. In the second part of the article, the significance of the Hegelian critique of Kant’s practical philosophy for the phenomenological destruction of the difference between the thing-in-itself and the phenomenon and the problematization of the ethical dimension of the phenomenological method is explicated. Tracing the naive origins of this difference in the natural attitude and their transformation in Kantian philosophy, the author tries to consider the sublation of the opposition of the thing-in-itself and the phenomenon in the field of ethics as one of the possible paths to phenomenology. It is shown how the necessary relation of the supra-worldly an sich with the situational nature of its phenomenal realization in actions calls into question the possibility of a phenomenological epoche. The author also seeks to demonstrate that the problematization of the difference between the thing-in-itself and the phenomenon does not turn phenomenology into a system in the Hegelian sense. (shrink)

A central claim in Kantian ethics is that an agent is properly morally motivated just in case she acts from duty alone. Bernard Williams, Michael Stocker, and Justin Oakley claim that certain emotionally infused actions, such as lending a compassionate helping hand, can only be done from compassion and not from duty. I argue that these critics have overlooked a distinction between an action's manner, how an action is done, and its motive, the agent's reason for acting. Through (...) a range of examples I demonstrate how an emotion can determine an action's manner without also serving as the motive. Thus, it is possible for an agent to act compassionately from duty alone. This distinction between the manner and the motive of an action not only restores a central claim in Kantian ethics but it also allows for an expanded role of emotions in moral action. (shrink)

On what we may call the institutional approach to justice, the most important duty of justice that individuals have is the duty to establish just institutions when they are absent. How should we understand this institutional duty in relation to more personal moral actions, such as taking direct personal action to mitigate institutional failures? Is this institutional duty a necessary responsibility of justice? Is it sufficient? I will discuss this question in the context of climate change: (...) what responsibilities of justice do individual actors have when their state is not complying with an ideal of just emissions? Do they have the duty to do what they reasonably can to reduce their personal direct emissions, perhaps even picking up the slack of non-compliers? Or is their duty of justice primarily that of doing their part to establish a just regulatory framework? I will examine some options of personal responsibility in response to climate change and argue that the most important duty is that of working to bring about better institutions. Taking direct personal action can be helpful, but not when they distract us from working towards institutional reform. (shrink)

This is a time of change in American healthcare. Market forces are restructuring local delivery systems around competing managed care networks. Many leading proposals for healthcare reform intend a reshaping of the national healthcare marketplace itself. Periods of change create an opportunity to reassess traditional values and practices. Such reassessments can be used to help insure that current innovations and proposed reforms preserve and strengthen the best in the traditions of medicine. A legitimate focus of concern in the medical (...) and medical ethics community has been the effect of these delivery system changes on the physician-patient relationship. For example, will the future American healthcare system support and encourage compassion by physicians? Suppose it does not. Would something of significant moral value have been lost? More pointedly, would a system that undervalued or frustrated physician compassion be incompatible with the moral obligations of physicians? In order to address these questions, we examine the meaning of compassion and the role it should play in the physician-patient relationship. We argue that compassion is a duty of all physicians. Because this is so, we believe that changes in the healthcare system must be judged, in part, by how well they protect and encourage compassionate conduct by physicians. (shrink)

In this article I criticize a theory of political obligation recently put forward by Christopher Wellman. Wellman's “samaritan theory” grounds both state legitimacy and political obligation in a natural duty to help people in need when this can be done at no unreasonable cost. I argue that this view is not able to account for some important features of the relation between state and citizens that Wellman himself seems to value. My conclusion is that the samaritan theory can (...) only be accepted if we are ready to give up either the traditional notion of political obligation as a prima facie duty valid for every citizen, or the current view of the relationships that should exist between states, citizens and foreigners (the view according to which states should have special concerns for their own citizens). (shrink)

We have, to some extent, a duty to help the needy—to meet their basic needs for food, water, shelter, and health care. Call this the duty of beneficence. Below, I argue that it is best understood as a duty both (a) to adopt helping the needy as “a serious, major, continually relevant, life-shaping end” (HILL 2002, 206) and (b) to never behave in a way (via act or omission) that’s factually incompatible with having such an end. (...) (Behaving in a given way is factually incompatible with having an end if and only if someone who knows all the relevant facts couldn’t behave in this way and still count as having this end—at least not if they have both all the other ends that they’re required to have and only those other ends that they’re permitted to have.) I call this the Kantian View, and I argue that it has several advantages over four of its rivals. In particular, I argue that it has the advantage of being able to account for all the following: (1) a diachronic (over-time) duty to take a sufficient number of favorable opportunities for helping the needy over the course of our lives, (2) a synchronic (at-a-time) duty to take every golden opportunity to help the needy that arises, and (3) the relationship between the two. (shrink)

Most discussions of fiduciary duty focus on medical decision-making, but that is not the only context in which the concept is important. Investment advisers have fiduciary duties to their clients: in this essay, we address those duties. Many advisers refuse to help their clients with ‘socially responsible’ investment plans, for a variety of reasons, among which are fiduciary concerns. We argue that the reasons generally given not to pursue a religious, environmental, or social investment strategy are mistaken, and, (...) most importantly, that an investment adviser’s fiduciary duties may be met while providing such alternatives to clients. (shrink)

The tendency towards analysis and criticism, realism and pluralism, which has been evident in general philosophy during the present century has had important effects on recent ethical discussion. Its influence is to be seen in the two theories which on account of their prominence and the number of their disciples may be said to be most characteristic of the period—Ideal Utilitarianism and the New Intuitionism—theories which no less an authority than Sir David Ross described as the rival theories. However different (...) these theories are in many respects they have a tendency towards ethical pluralism, if not atomism—a tendency not only to emphasize distinctions but even to harden the distinguishable elements into independent, if not even unrelated, entities. The one leaves us with a series of independent goods and the other with a series of prima facie duties, with the result that neither gives us any unitary principle to help us in one of the principal tasks of the moral life, the attempt to discover what in particular circumstances we ought to do. (shrink)

Leading American film critics, including, among others, Tony Williams and Robert Miklitsch, have claimed that both World for Ransom and Macao reflect an orientalist, racist, and reactionary worldview. In this article I argue that, on the contrary, these 1950s films noir portray Asian and American characters alike actually carrying out their moral duties. To be sure, these American films employ aesthetic techniques to help illustrate the ethical ambiguities for which film noir is justly celebrated. Still, where the fulfillment of (...) moral duties is concerned, the films’ resolutions are clear. This article enlists the thought of moral philosophers H.L.A. Hart and Daniel Statman to vindicate the ethical outlook of these works, which reward characters who fulfill imperfect, perfect, and/or supererogatory moral obligations. The American protagonists transcend their given circumstances by carrying out high-stake duties in an Asian setting, while forming amorous alliances tested by the aesthetics of film noir. Moreover, I show that none of the protagonists’ moral duties involves maligning Asia. Indeed, were these films noir to disparage Asia, they would diminish the very milieu breathing life into their finest characters. (shrink)

This qualitative study describes midwives’ experiences in relation to termination of pregnancy for fetal abnormalities, and their corresponding professional and ethical position. Thirteen midwives working in a university clinic were interviewed about their problems in this respect. The information gathered was evaluated by using qualitative content analysis. The study focused on the emotional experience of the midwives, their professional position, and ethical conflict. In this situation, midwives are faced with a conflict between the woman’s right to self-determination on one hand (...) and the right to life of the child on the other. This conflict causes a high level of emotional stress and, subsequently, professional identity problems. Although questions concerning the child’s right to life are generally suppressed, the ethical principle of the woman’s right to self-determination is rationalized. Although this process of rationalization seems to present a false ethical decision, it enables midwives to continue with their daily professional duties. As far as orientating midwives to the value of these women’s right to self-determination is concerned, it must be assumed that they have made an ethical decision to which they have given insufficient thought. This problem is exacerbated by the fact that midwives are largely excluded from the decision-making process of the parents in question. They cannot therefore help in this process in a valuable and responsible way by providing clear information and proposing objective criteria. In relation to the tasks they are expected to fulfil, these midwives revealed that they were in a state of professional confusion. (shrink)

Consequentialist doctrines have often been criticized for their excessive demandingness, in that they require the thorough instrumentalization of each person’s life as a vehicle for the production of good consequences. In turn, the proponents of such doctrines have often objected to what they perceive as the irrationality of the demandingness of deontological duties. In this paper, I shall address objections of the latter kind in an effort to show that they are unfounded. My investigation of this matter will unfold by (...) reference to a scenario that strikingly and concretely exemplifies the demandingness of deontological duties. That scenario, which involves a situation of torture (specifically, placatory torture – in other words, torture undertaken for the purpose of appeasing people who have demanded that it be administered), will serve as a springboard for my endeavor to vindicate the rationality of deontological absolutes and will help to illuminate the endeavor’s practical implications. (shrink)

A corporate executive is miserable and seeks the help of a psychotherapist. A college student is unhappy in her current major and goes to her academic advisor. A married couple struggles with discord and seeks the help of a licensed counsellor. In each case, the diagnosis and prescription will likely be the same: you are miserable because you are not doing what you want. Your path to happiness thus lies in figuring out what you enjoy doing, coming up (...) with a strategy to satisfy these desires, and then executing your plan. This is the standard approach to happiness used in much of today's counselling and psychotherapeutic practice. The Socratic, Stoic, and Confucian philosophical traditions tell a different story: you are miserable because you are not doing what you must. Through historical and contemporary case studies, analyses of key novels, reviews of modern psychological research, interviews with struggling people, and close readings of philosophical texts, The Joy of Duty illuminates the intimate connection between human joy and the performance of ethical obligation. (shrink)

Sir David Ross introduced prima facie duties, or acts with a tendency to be duties proper. He also spoke of general prima facie principles, wwhich attribute to acts having some feature the tendency to be a duty proper. Like Utilitarians from Mill to Hare, he saw a role for such principles in the epistemology of duty: in the process by means of which, in any given situation, a moral code can help us to find out what we (...) ought to do.After formalizing general prima facie principles as universally quantified conditionals I will show how seeming duties can be detached from them. There will be examples involving lies, burnt offerings and the question of whether to have a napkin on your lap while eating asparagus. They will illustrate the defeasibility of this detachment, how it can lead into dilemmas, and how general prima facie principles are overridden by more specific ones. (shrink)

Ludwig Wittgenstein is perhaps the greatest philosopher of the twentieth century, and certainly one of the most original in the entire Western tradition. Given the inaccessibility of his work, it is remarkable that he has inspired poems, paintings, films, musical compositions, titles of books -- and even novels. In his splendid biography, Ray Monk has made this very compelling human being come alive in a way that perfectly explains the fascination he has evoked. Wittgenstein's life was one of great moral (...) and spiritual depth. Although his work addresses problems of logic, language, mind, and knowledge, he often described it as having an ethical point, and once said that he "could not help seeing every problem from a religious point of view." In successfully bridging the gap assumed by many to exist between Wittgenstein's life and his work, Monk's biography helps to explain the interest in Wittgenstein's later philosophy on the part of Buddhist scholars. (shrink)

Kant’s concept of conscience has been largely neglected by scholars and contemporary moral philosophers alike, as has his concept of “indirect” duty. Admittedly, neither of them is foundational within his ethical theory, but a correct account of both in their own right and in combination can shed some new light on Kant’s moral philosophy as a whole. In this paper, I first examine a key passage in which Kant systematically discusses the role of conscience, then give a systematic account (...) of “indirect” duties and the function of hypothetical imperatives in the course of their generation. I then turn to the possibility of moral error and the part “indirect” duty can play in its prevention. In conclusion, I try to show how clarifying the concept of “indirect” duty can help us to shed light on the nature of Kantian ethics as a whole. (shrink)

Doctors have an ethical and legal duty to respect patient confidentiality. We consider the basis for this duty, looking particularly at the meaning and value of autonomy in health care. Enabling patients to decide how information about them is disclosed is an important element in autonomy and helps patients engage as active partners in their care.Good quality data is, however, essential for research, education, public health monitoring, and for many other activities essential to provision of health care. We (...) discuss whether it is necessary to choose between individual rights and the wider public interest and conclude that this should only rarely be necessary. The paper makes some recommendations on practical steps which could help ensure that good quality information is available for work which benefits society and the public health, while still enabling patients’ autonomy to be respected. (shrink)

This paper defends a new argument for enabling citizen participation in government: individuals must have genuine opportunities to try to change the law in order to be able to satisfy duties of conscience. Without such opportunities, citizens who regard systems of related laws as partially unjust face a moral dilemma. If they comply with these laws willingly without also trying to change them, they commit a pro tanto wrong by willingly participating in injustice . If they disobey, or if they (...) obey only to avoid sanction, they respond inadequately to the morally important purposes that the laws advance despite their injustice. Government should help citizens avoid this dilemma. This argument bolsters the non-instrumentalist view that responsiveness in the political process is desirable even if it does not promote just legislative outcomes. It also helps to explain what governments owe to citizens with minority political views. (shrink)

The heroes and villains of the Star Wars saga are probably the most widely recognized fictional characters in the Western world. In particular, the saga is a celebration of friendship and family bonds. Though it is a story of conflict and warfare, grand political concerns about the fate of the galaxy are kept in the background, as the story focuses more on action and the relationships among the main characters. The overwhelming loyalty that the heroes of Star Wars feel for (...) friends and family is a traditional feature of heroes, from ancient history to today. Weighing the actions of fictional characters like Luke and his pals can help us reflect on how we should act in the real world. In some ways, the moral views of early philosophers move us too far toward civic duty and away from the traditional values of loyalty to friends and family. (shrink)

I discuss the problem that Kant’s ethics seems to be incapable of capturing our strong intuition that emergencies create a context for actions that is very different from other cases of helping and from other opportunities to further obligatory ends. I argue that if we pay attention to how Kant grounds beneficence we see that distress and emergency function as constitutive concerns. They are vital to establishing the duty of beneficence in the first place, and they also guide the (...) application of duties to specific cases. Kant’s conception of imperfect duties to others, when understood correctly, offers a way to understand why emergencies are morally important, but also why other factors have a place in our moral reasoning. (shrink)

We need to specify what ethical responsibility historians, as historians, owe, and to whom. We should distinguish between natural duties and obligations, and recognize that historians' ethical responsibility is of the latter kind. We can discover this responsibility by using the concept of “accountability”. Historical knowledge is central. Historians' central ethical responsibility is that they ought to tell the objective truth. This is not a duty shared with everybody, for the right to truth varies with the audience. Being a (...) historian is essentially a matter of searching for historical knowledge as part of an obligation voluntarily undertaken to give truth to those who have a right to it. On a democratic understanding, people need and are entitled to an objective understanding of the historical processes in which they live. Factual knowledge and judgments of value are both required, whatever philosophical view we might have of the possibility of a principled distinction between them. Historians owe historical truth not only to the living but to the dead. Historians should judge when that is called for, but they should not distort historical facts. The rejection of postmodernism's moralism does not free historians from moral duties. Historians and moral philosophers alike are able to make dispassionate moral judgments, but those who feel untrained should be educated in moral understanding. We must ensure the moral and social responsibility of historical knowledge. As philosophers of history, we need a rational reconstruction of moral judgments in history to help with this. (shrink)

Critics often argue that Ross’s metaphysical and epistemological accounts of all-things-considered duties suffer from the problem of explanation. For Ross did not give us any clear explanation of the combination of pro tanto duties, i.e. how principles of pro tanto duties can combine. Following from this, he did not explain how we could arrive at overall justified moral judgements. In this paper, I will argue that the problem of explanation is not compelling. First of all, it is based on the (...) classical account of pro tanto duties. Principles of pro tanto duties can be understood in another way, i.e. in terms of reason-giving account that might be of help to provide a response to the critics. Furthermore, critics fail to see some evidence in Ross about how we can arrive at moral judgements. (shrink)

It is widely accepted that morality does not demand that we do our very best, but our most significant moral traditions do not easily accommodate this intuition. I will argue that the underlying problem is not specific to any particular tradition. Rather, it will be difficult for any moral theory to account for binary moral concepts like permissible/impermissible while also accounting for scalar moral concepts like better/worse. If only the best is considered permissible, morality will seem either unreasonably demanding or (...) implausibly minimal. But if we draw a line of duty below the optimal, then we must explain how the act that is worse is nonetheless permissible. Some have tried to explain this by appealing to non-moral considerations, and others have appealed to agent-relative moral considerations. I argue that no such approach will work. We should instead exploit the distinction between reasons for performing an act and reasons for holding someone accountable for an act’s performance. This approach will also help to clear up a confusion regarding the notion of a moral demand. (shrink)

Selective conscientious objection, a refusal to participate in a specific war due to reasons of conscience, has recently gained attention. A combatant confronted with such a decision needs guidance to help decide whether and how to object. Furthermore, those judging a combatant’s objection or failure to object need guidance. After introducing the prima facie duty override criteria, I will apply the criteria to the case of selective conscientious objection. Ultimately, I argue that the jus ad bellum criteria rebranded (...) as the prima facie duty override criteria can help provide guidance regarding selective conscientious objection. (shrink)

Like the ownership of physical property, the issues computer software ownership raises can be understood as concerns over how various rights and duties over software are shared between owners and users. The powers of software owners are defined in software licenses, the legal agreements defining what users can and cannot do with a particular program. To help clarify how these licenses permit and restrict users’ actions, here I present a conceptual framework of software rights and duties that is inspired (...) by the terms of various proprietary, open source, and free software licenses. To clarify the relationships defined by these rights and duties, this framework distinguishes between software creators (the original developer), custodians (those who can control its use), and users (those who utilise the software). I define the various rights and duties that can be shared between these parties and how these rights and duties relate to each other. I conclude with a brief example of how this framework can be used by defining the concepts of free software and copyleft in terms of rights and duties. (shrink)

This article seeks to advance the discussions on our moral obligations towards refugees of protracted crises by proposing a nuanced application of outcome responsibility. Differentiating causal and outcome responsibility through intention, involvement, and side-taking principles has both symbolic and practical significance in assigning reparative and remedial duties. The framework utilizes domestic analogies to help explain the refined version of these two responsibility types. It examines the Syrian crisis within this paradigm to offer a clearer understanding of the actors that (...) are ‘morally obligated and more likely’ to help. This argument addresses political communities instead of their states, emphasizing their pivotal role as bearers of the consequences of state decisions. Employing an outcome responsibility-based sense of ethical duty (ORSED) can foster more inclusive and welcoming environments, mitigating resentment regardless of border controls or burden allocation. (shrink)

The Overdemandingness Objection maintains that an ethical theory or principle that demands too much should be rejected, or at least moderated. Traditionally, overdemandingness is considered primarily a problem for consequentialist ethical theories. Recently, Kant and Kantian ethics have also become part of the debate. This development helps us better understand both overdemandingness and problems with Kant's ethics. In this, the first of a pair of papers, we introduce the distinction between perfect and imperfect duties as well as a framework for (...) understanding the overdemandingness objection that allows us to discuss overdemandingness across different ethical theories. We then consider two ways that Kantians have sought to avoid the implication that imperfect duties may be overly demanding: (1) via the latitude of imperfect duties, and (2) by the suggestion that the wider system of duties is self-moderating. We conclude that it is unclear whether the two most prominent ways of addressing the overdemandingness objection work, challenging them on their own terms, and observing that they are inapplicable to potential demandingness concerns pertaining to perfect duties. (shrink)

In Western countries a considerable number of older people move to a residential home when their health declines. Institutionalization often results in increased dependence, inactivity and loss of identity or self-worth (dignity). This raises the moral question as to how older, institutionalized people can remain autonomous as far as continuing to live in line with their own values is concerned. Following Walker's meta-ethical framework on the assignment of responsibilities, we suggest that instead of directing all older people towards more autonomy (...) in terms of independence, professional caregivers should listen to the life narrative of older people and attempt to find out how their personal identity, relations and values in life can be continued in the new setting. If mutual normative expectations between caregivers and older people are not carefully negotiated, it creates tension. This tension is illustrated by the narrative of Mr Powell, a retired successful public servant now living in a residential home. The narrative describes his current life, his need for help, his independent frame of mind, and his encounters with institutional and professional policies. Mr Powell sees himself as a man who has always cared for himself and others, and who still feels that he has to fulfil certain duties in life. Mr Powell's story shows that he is not always understood well by caregivers who respond from a one-sided view of autonomy as independence. This leads to misunderstanding and an underestimation of his need to be noticed and involved in the residential community. (shrink)

Are contemporary soldiers exploited by the state and society that they defend? More specifically, have America's professional service members disproportionately carried the moral weight of America's war-fighting decisions since the inception of an all-volunteer force? In this volume, Michael J. Robillard and Bradley J. Strawser, who have both served in the military, examine the question of whether and how American soldiers have been exploited in this way. Robillard and Strawser offer an original normative theory of 'moral exploitation'--the notion that persons (...) or groups can be wrongfully exploited by being made to shoulder an excessive amount of moral weight. They make the case that this exploitation accurately describes the relationship between the United States and the members of its military, and offer a thorough and in-depth analysis of some of the exploitative and misleading elements of present-day military recruitment, the moral burdens soldiers often bear, and the stifling effect that a 'Thank You for Your Service' and 'I support the troops' culture has had on serious public engagement about America's ongoing wars. Robillard and Strawser offer a piercing critique of the pernicious divide between military members and the civilians who direct them. They conclude by arguing for several normative and prudential prescriptions to help close this ever-widening fissure between the U.S. and its military, and within the U.S. itself. In so doing, their work gives a much needed and urgent voice to America's soldiers, the other 1%. (shrink)

Vermeulen et al. suggest a moral duty exists for physicians to inform patients of “relevant opportunities” for Expanded Access. Such a duty is likely both too broad, leading to important practical challenges, and too narrow, without further steps to promote patient access. However, physicians should be expected to be aware of the EA pathway, disclose it to eligible patients, and support the pursuit of EA options reasonably likely to help.

I address the usefulness of thinking about a human right to subsistence within conceptions of human rights grounded in ordinary moral reasoning. I argue that that natural rights should be understood as rights in rem, with their dynamism constrained by the requirements of justification and their scope constrained by the distinction between perfect and imperfect duty. I then suggest that many of the most pressing demands which the moral significance of subsistence needs create are plausibly imperfect duties, and so (...) cannot correlate to a natural right to subsistence. This restricts the helpfulness of a human right to subsistence in our reasoning about what we owe to others. (shrink)

Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties of justice, whereas positive duties (basic or (...) nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (shrink)

In a contribution to The Journal of Medicine and Philosophy , Professor Rosamond Rhodes argues that individuals sometimes have an obligation to know about their genetic disorders, because this is required by their status as autonomous persons. Her analysis, which is based on Kant's concept of autonomy and Aristotle's notion of friendship, is extended here to consequentialist concerns. These are of paramount importance if, as we believe and Professor Rhodes herself implies, the Kantian and Aristotelian doctrines can be helpful only (...) in the sphere of private morality, not in the public realm. Better tools for assessing the right to genetic ignorance as an issue of public policy can, we contend, be found in Mill's ideas concerning liberty and the prevention of harm. Our own conclusion, based on the Millian way of thinking, is that individuals probably do have the right to remain in ignorance in the cases Professor Rhodes presents as examples of a duty to know. (shrink)

Some theorists who accept the existence of global justice duties to alleviate the condition of distant needy strangers hold that these duties are significantly constrained by special ties to fellow countrymen. The patriotic priority thesis holds that morality requires the members of each nation-state to give priority to helping needy fellow compatriots over more needy distant strangers. Three arguments for constraint and patriotic priority are examined in this essay: an argument from fair play, one from coercion, another from coercion and (...) autonomy. Under scrutiny, none of these arguments qualifies as successful. (shrink)

An imperfect duty such as the duty to aid those in need is supposed to leave leeway for choice as to how to satisfy it, but if our reason for a certain way of satisfying it is our strongest, that leeway would seem to be eliminated. This paper defends a conception of practical reasons designed to preserve it, without slighting the binding force of moral requirements, though it allows us to discount certain moral reasons. Only reasons that offer (...) criticism of alternatives can yield requirements, but our reasons for particular ways of satisfying imperfect duties merely count in favor of the acts in question.When the state is authorized to take over charitable obligations, it should not be seen as enforcing fulfillment of our imperfect duties, but rather as forcing us to help fulfill collective duties that may be substantially modified by transfer to the state, replacing imperfect duties with perfect. Besides the cost to us in freedom of choice there is a moral cost to replacing the virtuous motives of charity with those that tend to accompany paying taxes. However, a compensating feature of state involvement is the fact that its more precise demands come with limits. (shrink)

In Kant’s moral theory, we do not have duties to animals, though we have duties with regard to them. I reconstruct Kant’s arguments for several types of duties with regard to animals and show that Kant’s theory imposes far more robust requirements on our treatment of animals than one would expect. Kant’s duties regarding animals are perfect and imperfect; they are primarily but not exclusively duties to oneself; and they condemn not merely cruelty to animals for its own sake, but (...) also, such things as killing them for food when our health does not require it and ingratitude to service animals. Central to understanding these duties is appreciating Kant’s concern for our morally useful emotions, for it is primarily because of the effect that cruelty to animals has on our sympathetic emotions—which greatly help us treat other rational beings appropriately—that we have duties not to be cruel to animals. Yet cruelty and callousness toward animals are not problematic only because they may weaken some of our morally useful emotions. Cruelty and callousness toward animals are problematic also because they oppose our morally useful emotions; these emotions, as part of the perfection of our nature, should be honored, supported, and furthered, unless there are compelling reasons not to do so in particular cases. (shrink)

Despite all the attention given to Kant’s universalizability tests, one crucial aspect of Kant’s thought is often overlooked. Attention to this issue, I will argue, helps us resolve two serious problems for Kant’s ethics. Put briefly, the first problem is this: Kant, despite his stated intent to the contrary, doesn’t seem to use universalization in arguing for duties to oneself, and, anyway, it is not at all clear why duties to oneself should be grounded on a procedure that envisions a (...) world in which everyone wills the contrary of those duties. The second, more global problem is that if we follow Barbara Herman in holding that Kantian ethics can provide a structure for moral deliberation, we need an interpretation of the universalization procedure that unproblematically allows it to generate something like prima facie duties to guide that deliberation; but it is not at all clear that we have such an interpretation. I argue here that if we expand our limited way of thinking about universalization, we can solve the first problem and work towards a solution to the second. We can begin by recalling that Kant’s ‘Law of Nature’ formulation (FLN) of the Categorical Imperative obligates us to ‘act as if the maxim of your action were to become by your will a universal law of nature’ (G, 421). (shrink)