This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with (...) more social power. The present article explains how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all-purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively (...) by exploring logical relations among concepts. Instead, in order to understand which reasoning practices are capable of justifying moral claims in different types of contexts, we need to study empirically the relationships between reasoning practices and the contexts in which they are used. The article proposes that philosophers investigate case studies of real-world moral disputes in which people lack shared cultural assumptions and/or are unequal in social power. It motivates and explains the proposed case study method and illustrates the philosophical value of this method through a case study. (shrink)

A Moral Justification for Gay and Lesbian Civil Rights Legislation.

The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all‐purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively (...) by exploring logical relations among concepts. Instead, in order to understand which reasoning practices are capable of justifying moral claims in different types of contexts, we need to study empirically the relationships between reasoning practices and the contexts in which they are used. The article proposes that philosophers investigate case studies of real‐world moral disputes in which people lack shared cultural assumptions and/or are unequal in social power. It motivates and explains the proposed case study method and illustrates the philosophical value of this method through a case study. (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with (...) more social power. The present article explains how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

The article deals with the problem of moral justification of humanitarian intervention by modern just war theorists. At the beginning of the article, we discuss the evolution of the dominant paradigms of the moral justification of war and explain why the theory and practice of humanitarian intervention appears only at the present stage of the development of ethics and the law of war. It is noted that theorization of humanitarian intervention began in the last decades of (...) the 20thcentury. This is due to a significant transformation, a retreat in the legal and ethical studies of war from the position of radical condemnation of aggressive actions and the recognition of the political subjectivity of non-state groups. Thus, there is a rethinking of the long tradition, the Westphalian system of international relations, according to which the state was recognized as the main participant of big politics, and its sovereign right to conduct domestic policy was considered indisputable. Further, we take the works of Michael Walzer as the main source of modern conceptualization of the ethics of humanitarian interventionism, since Walzer repeatedly addressed this topic and formulated a position on this issue that is representative of the entire modern Just War Theory. The arguments of Walzer and his supporters in favor of the moral justification of humanitarian intervention are considered. Among them are the following. First, the argument about the state as an organization which goal is to protect the rights of its own citizens. If this goal is not not achieved, the state shall loose its power over these people and in this territory. Second, Walzer calls for identifying governments and armed forces involved in mass murders as criminal and, therefore, deserving of punishment. Finally, there is, perhaps the most important, demonstrative argument: an appeal to the self-evident impossibility to stand aside in cases of mass violence in any state. This is followed by a critique of these arguments, as well as a demonstration of how the modern Just War Theory can respond to these criticisms. (shrink)

This paper discusses the moral justification behind placing a tax on foods in correlation with their greenhouse gas emissions. The background is a report from 2016 by the Danish Council of Ethics promoting a national tax on the consumption of meat from ruminants as an initial step to curb the 19–29% of total anthropogenic greenhouse gas emissions stemming from the food sector. The paper describes the contribution of food production and consumption to climate change and how a change (...) in diet, away from ruminant meat in particular, could lead to substantial reductions in GHG emissions from food production and consumption. We discuss whether, given the anticipated effects on humans and the nature of climate change, individual consumers have a moral responsibility to change their diet and/or whether governments are justified in restricting the individual consumer’s freedom of choice through taxation in order to effectively reduce emissions. The paper concludes that such an intervention is warranted and necessary, both from an efficiency perspective and from an ethical perspective. (shrink)

The moral, as opposed to legal, justification for the preventive detention of terrorists is the topic of this article, and, in particular, for the preventive detention of members of extremist Islam...

In the first part of the article the concept of associative duties and their justification as distinctive from general moral duties are analyzed. The second part considers associative duties to fellow citizens and distinguishing features of those duties such as reciprocity, mutuality and equal status. In the final part the author deals with specific cases concerning refugees and stresses arguments as to why the associative duties of cocitizens should overcome duties to refugees, as well as the failures of (...) those arguments. It is argued that the status of refugees is different from the status of other non-citizens, such as immigrants, due to the lack of institutional representation and protection. (shrink)

This paper is an outline of a semester long experiment with students in a bioethics course at the College of Staten Island. The experiment traces the complexities students face in moral reasoning. The author recounts the specific moral questions that arose amidst efforts to construct a collaborative list of definitions for terms of moral justification. The project contributed to students’ general knowledge of bioethics and its principles of judgments. The intensive engagement with the principles of (...) class='Hi'>moral justification allowed students to grapple with complex moral issues, to research literature for basic terms, and to approach philosophical arguments across the history of philosophy. (shrink)

The research examined the use of moral justification as a mediating mechanism of stress, used by compulsory Israeli soldiers who had served at army roadblocks in the West Bank. Employing Bandura’s model of moral disengagement, we expected that the greater the justification of army roadblocks by the soldier, the more he would feel adjusted to army demands. Feelings of adjustment to this situation were examined using three components: cognitive, affective and behavioral. The sample was composed of (...) 170 Israeli ex-soldiers who had served for at least 1 month at army roadblocks in the West Bank during the Al-Aksa Intifada. The results supported the hypothesis regarding association between moral justification and feelings of adjustment at the end of army service. The mediating hypothesis was partially supported. Significance of moral justification as a mechanism of coping with the enforced situation of military law is discussed. (shrink)

Traditionally, work in epistemology has been dominated by two general approaches: foundationalism and coherentism. Epistemological contextualism, which has its roots in the writings of pragmatists like Dewey and in the later Wittgenstein, represents an alternative to the dominant views, but an alternative that is typically ignored. Poor management and bad press have certainly contributed to lack of interest in this philosophical product. However, when it comes to philosophical questions about justification and knowledge in ethics, contextualism strikes me as a (...) promising approach—more promising than either foundationalism or coherentism. The central aim of this paper is to put ethical contextualism into serious contention by developing, at least in outline, a plausible version of the view—something missing from the current philosophical landscape. Anything like a full defense of this view would require developing it in the context of a story about the semantics and associated metaphysics of moral discourse. That project is for another occasion. Here, I have the more limited aim of convincing the reader to take ethical contextualism seriously. (shrink)

The right to privacy is a moral concept that has been debated for centuries. This article traces the histo y of the concept and examines how the existence of a right to privacy has been defended by philosophers through the years. This article examines the strategies behind those arguments, showing how some of them are more convincing than others. Following this analysis is a practical argument for recognizing a universal right to privacy over intimate relationships and information. Intimacy is (...) a part of human dipity, and revealing it does not tell much about the character of politicians, or anyone else. Intimacy deserves protection. (shrink)

The idea that legal theories seek not only to explain but to evaluate the moral justification of particular areas of law is quite familiar. Yet little attention has been paid to the minimal criteria of adequacy for justificatory legal theories. Whereas many theories claim to identify the moral grounds that justify a particular area of law, such as contracts or torts, none of them explains how its justification determines the outcomes of adjudication governed by the law (...) in that area. In this brief Essay for the William and Mary Law Review Symposium on Law and Morality, I argue that a particular area of law can be justified only by identifying moral reasons that fully determine the results of adjudication. No matter how compelling the moral reasons a legal theory identifies, and how tight the fit between those reasons and the structure and content of the legal rules governing a judicial decision, a legal theory fails to justify a particular area of law if the reasoning it identifies falls short of fully determining the results in the judicial decisions governed by that law. Though this bold claim may seem unrealistic, I argue that legal theories can satisfy this determinacy requirement by identifying determinate but inconclusive reasoning that explains outcomes in adjudication. While such reasoning may prove to be erroneous, that does not undermine its justificatory force. (shrink)

Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of (...) using the procedure. So, for example, defenders of benefit/cost analysis (BCA) are frequently tempted to argue that this procedurejust isthe calculation of moral Tightness – perhaps that what itmeansfor an action to be morally right is just for it to have the best benefit-to-cost ratio given the accounts of “benefit” and “cost” that BCA employs. They suggest, in defense of BCA, that they have found the moral calculus – Bentham's “unabashed arithmetic of morals.” To defend BCA in this manner is to commit oneself to one member of a family of moral theories (let us call thembenefit/cost moral theoriesorB/C moral theories) and, also, to the view that if a procedure is (so to speak) the direct implementation of a correct moral theory, then it is a justified procedure. Neither of these commitments is desirable, and so the temptation to justify BCA by direct appeal to a B/C moral theory should be resisted; it constitutes an unwarranted short cut to moral foundations – in this case, an unsound foundation. Critics of BCA are quick to point out the flaws of B/C moral theories, and to conclude that these undermine the justification of BCA. But the failure to justify BCA by a direct appeal to B/C moral theory does not show that the technique is unjustified. There is hope for BCA, even if it does not lie with B/C moral theory. (shrink)

:In a recent paper in Cambridge Quarterly of Healthcare Ethics on the necessary conditions for morally responsible animal research David DeGrazia and Jeff Sebo claim that the key requirements for morally responsible animal research are an assertion of sufficient net benefit, a worthwhile-life condition, and a no-unnecessary-harm condition. With regards to the assertion of sufficient net benefit, the authors claim that morally responsible research offers unique benefits to humans that outweigh the costs and harms to humans and animals. In this (...) commentary we will raise epistemic, practical, and ethical challenges to DeGrazia and Sebo’s emphasis on benefits in the prospective assessment of research studies involving animals. We do not disagree with DeGrazia and Sebo that, at the theoretical level, the benefits of research justify our using animals. Our contribution intends to clarify, at the practical level, how we should understand benefits in the prospective assessment and moral justification of animal research. We argue that ASNB should be understood as an assessment of Expectation of Knowledge Production in the prospective assessment and justification of animal research. EKP breaks down into two further claims: that morally responsible research generates knowledge worth having and that morally responsible research is designed and executed to produce generalizable knowledge. We understand the condition called knowledge worth having as scientists’ testing a hypothesis that, whether verified or falsified, advances an important interest, and production of generalizable knowledge in terms of scientific integrity. Generalizable knowledge refers to experimental results that generalize to a larger population beyond the animals studied. Generalizable scientific knowledge is reliable, replicable, and accurately descriptive. In sum, morally responsible research will be designed and carefully executed to successfully test a hypothesis that, whether verified or falsified, advances important interests. Our formulation of EKP, crucially, does not require further showing that an experiment involving animals will produce societal benefits. (shrink)

The virtue ethicist Rosalind Hursthouse has recently admitted that the commonly supposed link between a belief in the moral significance of human emotions and an adherence to virtue ethics may rest on a “historical accident,” and that utilitarians could, for instance, be equally concerned with emotions. The present essay takes up Hursthouse’s challenge and explores both what utilitarians have said and what they should say about the moral justification of emotions. Mill’s classical utilitarianism is rehearsed and applied (...) to the emotions, some relevant objections to utilitarianism are rebutted, and a link is suggested to Aristotle’s conception of happiness. Finally, the essay discusses the scope of utilitarianism as a naturalistic strategy, and explains how naturalistic moral reasoning on the emotions must, in practice, be answerable to empirical research and, hence, interdisciplinary. (shrink)

The moral skeptic challenges us to show that we are justified in accepting certain moral judgments rather than others; for the skeptic doubts that any rational basis can be found for such preferences. Theories of moral justification attempt to answer this challenge by specifying some procedure by means of which moral judgments can be justified.

I want to examine critically a certain strategy of moral justification which I shall call instrumentalism. By this I mean the view that a moral theory is rationally justified if the actions, life-plan, or set of social arrangements it prescribes can be shown to be the best means to the achievement of an agent's final ends, whatever these may be. Instrumentalism presupposes a commitment to what I shall call the Humean conception of the self. By this I (...) mean a certain way of conceiving the motivational and structural constituents of the self. Briefly, the self on this conception is motivated by its desires for states of affairs that are temporally or spatiotemporally external to the self. And it is structured by the normative requirements of instrumental rationality: The self is conceived as rationally coherent to the extent that theoretical reason calculates and schedules the satisfaction of as many of its desires as possible, with the minimum necessary costs. The motivational and structural elements of the Humean conception of the self combine to form a familiar explanatory model of human agency: We make sense of an agent's behavior by ascribing to her the desire to achieve the ends that she does in fact achieve, and the theoretically rational belief that, given the information and resources available to her, behaving as she did was the most efficient way to do so. I shall want to argue that to the extent that instrumentalism is successful in providing an objective justification of a moral theory - and I shall contend that it cannot be completely successful - it cannot provide a moral justification. But when we attempt to modify it so as to produce a specifically moral justification, we see that either it is impossible to do this, or else the Humean notion of instrumental rationality is doing no justificatory work. (shrink)

Basing its understanding on the two uses of the notion of violence in Honneth’s theory of recognition, this paper aims at developing a framework for the analysis of the thesis of the moral justification of political violence, whenever forms of political violence can be defined as legitimate struggles of recognition. Its contention is that the requalification of some forms of collective violence as recognition conflicts makes it possible to establish a hierarchy of justification for forms of violence (...) which cannot be constructed through a priori criteria, but should rather be the result of a descriptive social philosophy enquiry. (shrink)

The present paper analyses the topic of scientific discovery and the problem of the existence of a logical framework involved in such endeavour. We inquire how several non-monotonic logic frameworks and other formalisms can account for such a task. In the same vein, we analyse some key aspects of the historical and theoretical debate surrounding scientific discovery, in particular, the context of discovery and context of justification context distinction. We present an argument concerning the weakening of the discovery/justification (...) context dichotomy based on the descriptive accent contained in the non-monotonic logic perspective together with its epistemological concerns. (shrink)

In this paper I argue that the influence of Lutheran and Calvinist theology on the philosophy of the seventeenth and eighteenth centuries is the reconception and consequent curtailment of the power and role of language in philosophical thought. Prior to this influence, ethics is the basis for pre-Reformation philosophy, in that it entails a basic teleological conception of human nature upon which other branches of philosophical thought are based. Thus the primary objective of pre-Reformation philosophy is the justification of (...) humanity, the laying out of how humanity might become right, complete, balanced, and just. What allows humanity to achieve its own good by seeking out the good in nature is language and the ability to wield it. The conclusion drawn is that philosophy prior to the Reformation is the justification of humanity as language. (shrink)

Does evolutionary theory have the potential to undermine morality? In his book The Evolution of Morality, Richard Joyce (2006) argues for a positive answer. He contends that an evolutionary account of morality would undermine moral judgements and lend support to moral scepticism. I offer a critique of Joyce’s argument. As it turns out, his case can be read in two different ways. It could be construed as an argument to establish a general scepticism about the justification of (...) moral judgements. Or it could be read as an argument that targets only a particular meta-ethical position, namely moral realism. My claim is that it fails on both interpretations. There is no reason to believe that evolutionary considerations undermine morality. (shrink)

While Kant’s claim that the moral law discloses our freedom to us has been extensively discussed in recent decades, the reactions to this claim among Kant’s immediate successors have gone largely overlooked by scholars. Reinhold, Creuzer, and Maimon were among three prominent thinkers of the era unwilling to follow Kant in making the moral law the condition for knowing our freedom. Maimon went so far as to reject Kant’s method of appealing to our everyday awareness of duty on (...) the grounds that common human understanding is susceptible to error and illusion. In this paper I shall examine how these skeptical reactions to Kant’s position shaped the background for Fichte’s method of moral justification, leading up to his own deduction of the moral law in the System of Ethics. By way of conclusion, I shall propose a new interpretation of how consciousness of the moral law serves as an entry-point to Fichte’s form of idealism. (shrink)

This chapter explores how morality can be rational if moral intuitions are resistant to rational reflection. There are two parts to this question. The normative problem is whether there is a model of moral justification which can show that morality is a rational enterprise given the facts of moral dumbfounding. Appealing to the model of reflective equilibrium for the rational justification of moral intuitions solves this problem. Reflective equilibrium views the rational justification of (...) morality as a back-and-forth balancing between moral theory and moral intuition, and therefore does not require that individual moral intuitions be directly responsive to rational reflection. The psychological problem is whether human psychology actually implements the processes required for reflective equilibrium. The psychological problem is far more difficult, and requires appealing to a dual-process view of moral judgement that regards moral intuitions and moral theories as belonging to different mental systems. (shrink)

Progress in emergency and critical care requires that clinical research be performed on patients who are incapable of granting consent for research participation. Analyses of the ethics of such research have left some questions incompletely answered. Why should we be permitted to expose vulnerable patients to research risks without their consent? In particular, how do we justify research interventions that have no potential benefit for participants (nontherapeutic interventions)? This article presents a moral justification for nontherapeutic interventions in emergency (...) research. By relying on a framework for assessing research risks, and by drawing on the example of pediatric research, this justification is founded in how institutional review boards, and society in general, analyze risk. Our justification for emergency research also suggests additional protections for emergency research participants, including a stringent threshold for research risk, that still permit important research to proceed. (shrink)

Demands for generality sometimes exert a powerful influence on our thinking, pressing us to treat more general moral positions, such as consequentialism, as superior to more specific ones, like those which incorporate agent-centered restrictions or prerogatives. I articulate both foundationalist and coherentist versions of the demands for generality and argue that we can best understand these demands in terms of a certain underlying metaphysical commitment. I consider and reject various arguments which might be offered in support of this commitment, (...) and argue that generality may not be the weapon in moral argument that it is sometimes thought to be. (shrink)

How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. Traditionally, just war (...) theorists have tried to provide situation‐specific arguments to show that soldiers on both sides had a good moral justification for their actions. Recently, self‐styled “revisionist just war theorists” have suggested that the doctrine of combatant immunity is just a convention designed to minimize harm. In this article, I suggest that the moral foundation of the doctrine lies in the status of soldiers as public officials in the service of their country. The reason why we hold them immune from prosecution for their war‐making acts is that such acts are properly thought of as acts of a state, rather than as acts of a particular individual. And the reason why states are immune from prosecution for their acts is one of moral standing: No other state has the moral standing to tell another how to carry out the matters that define its jurisdiction. So as long as a country deems (however implausibly) that it must use force to defend itself from aggression, then it may do what is required to defend itself. No other state has the standing to prohibit such acts or to punish those who carry them out. This argument is rooted in an understanding of how individuals may interact as free and equal under law. It does not aim at the perfection of human action, but it does serve to eliminate the worst forms of tyranny. (shrink)

This chapter contains sections titled: What Are Fundamental Principles of Justice? Justice, Human Needs and Moral Capacities The Social Role of a Conception of Justice Justice and the Human Good Methodological Remarks Notes.

Justifying ethical practices is no easy task. This paper considers moral justifications for peer review so as to persuade even the sceptical individualist. Two avenues provide a foundation for that justification: self-interest and social contract theory. A wider notion of “interest” permits the self-interest approach to justify not only submitting one’s own work to peer review but also removing oneself momentarily from the production of primary knowledge to serve as a rigorous, independent, and honest referee. The contract approach (...) offers a non-selfish alternative and relies on four types of binding social contracts: those implicit in accepting funds, those implicit in asserted professional status, those to contribute what is of most value to society, and those to defend the ideals of the Academy. Efforts to restore respect for rigorous, independent, honest peer review should begin in earnest. (shrink)

In this paper I develop a critique of Kantian ethics, and more precisely a critique of a particular conception of moral reasoning. The fundamental assumption that underlies the conception that I am targeting is that to justify (morally or otherwise) an action is (perhaps with an ‘all things being equal’ clause) to settle its value, in such a way that all rational participants would have to acknowledge that value. As an alternative to the Kantian conception, I propose a conception (...) in which the basic unit of moral reasoning is not an action but rather what I call an ‘ethical position’—where an ethical position is where, at any given moment and with respect to the matter at hand, you stand, and where moral reasoning consists in the articulation of ethical positions. (shrink)