Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords-protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to interdict (...) and punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non-consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

Moral Constraints on War offers a principle-by-principle presentation of the transcultural roots of the ethics of war in an age defined by the increasingly international nature of military intervention.

Drawing on arguments in Doris (2002, 2022) [Lack of Character: Personality and Moral Behavior. Cambridge: Cambridge University Press; Character Trouble: Undisciplined Essays on Moral Agency and Personality. Oxford: Oxford University Press], this essay argues that good character is typically an insufficient “bulwark” against misconduct in military organizations, for two reasons: (1) the situational sensitivity of behavior and (2) the relatively small effect sizes associated with personality variables. Additionally, what is known about moral development and education gives (...) limited reason to think organizations are likely to have much success in inculcating reliably good character in their members. Instead, military organizations concerned to reduce misconduct should focus on developing organizational cultures structured by carefully crafted and assiduously enforced moral rules. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Moral Distress: The Face of Workplace BullyingJohn S. MurrayAfter a 28–year long distinguished military career I accepted a research position in a tertiary academic health science center, which I considered to be my dream job following retirement. Initially I was to be responsible for one department. A second was added because of my expertise with disaster preparedness. Following my orientation, I immersed myself into my new roles (...) recognizing that there was much to be done to achieve the goal of getting both departmental research programs up to par with the rest of the organization. In a short time, I began to recognize one of my bosses was going to be challenging to work with.She expected that her name be included on all grant proposals and manuscripts despite making no substantial intellectual contributions to either. Additionally, she wanted unwarranted control over all research and scholarship activities I was engaged in with staff despite having no research experience. Even meeting with her to discuss my plans for the direction of research in this department, my efforts were met with argumentative and condescending behavior. She would agree to discuss my plans. When I showed up for meetings in her office she would get angry with me oftentimes for situations, which she herself created. I continued to move forward with my work feeling that how I had conducted research and scholarly work in the past, with integrity and uncompromising ethical standards, was going to be threatened. This created great moral stress for me. I felt overwhelmed, powerless and frustrated as a result of the uncertainty as to whether or not I could fulfill my responsibilities while still meeting moral obligations.Over time, my moral compass prevented me from deviating from the principles, which helped me to build a long–standing stellar reputation as a leader in the field of pediatric nursing. However, this came with a cost. Working for this particular boss was like being on an emotional rollercoaster. One day I would feel like she was pleased with my work, but the next day my efforts could be met with anger, demeaning and dismissive behaviors. Once she praised me in front of staff for the “great” work I was doing with the evidence–based practice initiative nurse leaders. The following day she reprimanded me for not working closely with this group. She was extremely well versed at singing my praises in front of staff. Behind her closed office door was a very different experience.I confided in some colleagues in this department how I was being treated. I quickly learned that all staff were treated in this manner by this one individual. They shared that condescending language and fear and intimidation were the norm. When [End Page 112] I asked them why no one had the awareness or courage to say this treatment was not right, they quickly shared with me that staff were deterred from speaking up for fear of greater bullying behaviors. Sadly, while everyone knew what was the right thing to do, institutional constraints made it nearly impossible to pursue the right course of action. It was readily apparent these nurses were missing advocacy. At that point, I decided it was important to seek a remedy to this problem recognizing it would be no easy task.Progressively, my work environment with this particular boss became intolerable. Despite working relentlessly to develop a research program, unwarranted criticism, unjustified blame, exclusion, isolation, unreasonable demands and denied opportunities persisted. By this time, I was suffering from nightmares, headaches, fear, anxiety, depression, difficulty concentrating, and problems with self–esteem. I felt like my professional competence and reputation was being unjustifiably denigrated by this one individual.In the past, I confided in trusted organizational leaders for guidance when faced with difficult situations. As such, I approached my other boss and shared what was happening. She was deeply concerned. She encouraged me to seek guidance from a safe and confidential environment where staff members can share concerns and receive assistance with how to handle these apprehensions. I had used a program like this in the past when dealing with moral distress. This experience was very helpful. In fact, I returned on multiple... (shrink)

Background: Moral distress occurs when one knows the right thing to do, but institutional constraints make it nearly impossible to pursue the right course of action. Moral distress was found to cause negative feelings, burnout, and/or resignation. Not only external factors such as lack of staff but also internal ones affect moral distress. Moral sensitivity, which is thought of as an advantage of nurses, could effect moral distress, as nurses being unaware of existing ethical (...) problems must feel little distress. Objectives: To examine the impact of moral sensitivity on moral distress among psychiatric nurses, and affirm the hypothesis that nurses with higher moral sensitivity will suffer moral distress more than nurses with less moral sensitivity in two different samples. Ethical consideration: The study obtained ethical approval from the Research Ethics Committee of the Faculty of Medicine at Mie University (# 1111, 20.4.2010), and by the Turku University Ethics Board (29.5.2012). Permissions to undertake the study was obtained from the in two hospital districts and in one city (§ 48/4.10.2012, § 63/4.9.2012, 51/2012 27.8.2012). Informed consent was not formally obtained, because the questionnaire was anonymously reported by the participants who volunteered to answer. The participants responded voluntarily and anonymously. Methods: An anonymous questionnaire containing the Revised Moral Sensitivity Questionnaire and the Moral Distress Scale for Psychiatric nurses was conducted to 997 nurses in 12 hospitals in Japan, and 974 nurses in 10 hospitals in Finland after obtaining of approval by research ethics committees. Data were analyzed using a multi-group structural equation model analysis. Findings: A set of analyses imply that the association of moral sensitivity with moral distress is significant and similar between Japan and Finland, whereas the factor structures of moral sensitivity and moral distress may be partially different. Discussion: The result of this study may indicate that nurses with high moral sensitivity can sense and identify moral problems, but not resolve them. Therefore, supporting nurses to solve ethical problems, not benumbing them, can be important for better nursing care and prevention of nurses’ resignation. Conclusion: Moral sensitivity and moral distress were positively correlated among psychiatric nurses in both Japan and Finland, although the participating nurses from the two countries were different in qualification, age, and cultural background. Nurses with high moral sensitivity suffer from moral distress. (shrink)

Kant is not typically considered a major figure in the just war tradition's canon, although his work has informed recent discussions about international justice and just war theory. More specifically, philosophers have suggested that Kant's work may provide a coherent, normatively practical just war theory, basing this claim, in the main, on his views on the goal of peace and its purpose of establishing a cosmopolitan civil society.1 Such discussions are mostly concerned with jus ad bellum and jus in bello (...) constraints on nations and how Kant's writings can guide deliberation and, perhaps, the considered policy and practices of governments. Yet, the fact remains that it is embodied men and women and not the metaphysical ?nation? who actually conduct war. Hence, this paper seeks to determine the extent to which Kant's thought might contribute to the moral deliberation of those individuals who a fortiori will be bound to jus in bello constraints. To this end, the idea of moral learning will be explored, emphasizing the Kantian idea of autonomy. The ultimate goal of this paper is to demonstrate how some aspects of Kant's thought would contribute to ethics education in a military academy. (shrink)

Some claim that criminalisation is morally permissible only when the conduct criminalised is morally wrong. This claim can be disambiguated into at least three principles which differ according to whether, and how, wrongness is dependent on details of the law: the strong constraint, the moderate constraint, and the weak constraint. In this paper I argue that the weak wrongness constraint is preferable to the strong and moderate constraints. That is, we should prefer the view that conduct criminalised (...) must be morally wrong, but qualifying wrongness can depend on criminalising the conduct first. Further, I will show that my arguments in support of the weak wrongness constraint have wider implications. Favouring the weak wrongness constraint implies that condemning wrongs cannot be the only legitimate reason in favour of criminalisation. Those who think condemnation can justify criminalisation should be pluralists. (shrink)

Although military personnel are required to follow all legal orders, morally the traditional contract between soldier and state rests on shared assumptions about the purposes for which national militaries will and will not be used.

Religion, War, and Ethics is a collection of primary sources from the world's major religions on the ethics of war. Each chapter brings together annotated texts - scriptural, theological, ethical, and legal - from a variety of historical periods that reflect each tradition's response to perennial questions about the nature of war: when, if ever, is recourse to arms morally justifiable? What moral constraints should apply to military conduct? Can a lasting earthly peace be achieved? Are (...) there sacred reasons for waging war, and special rewards for those who do the fighting? The religions covered include Sunni and Shiite Islam; Judaism; Roman Catholic, Eastern Orthodox, and Protestant Christianity; Theravada Buddhism; East Asian religious traditions ; Hinduism; and Sikhism. Each section is compiled by a specialist, recognized within his or her respective religious tradition, who has also written a commentary on the historical and textual context of the passages selected. (shrink)

Background Moral distress is a complex and challenging issue in the nursing profession that can negatively affect the nurses’ job satisfaction and retention and the quality of patient care. This study focused on describing the resources and constraints, consequences, and interventions of moral distress in nurses. Methods In a literature review, an extensive electronic search was conducted in databases including PubMed, ISI, Scopus as well as Google Scholar search engine using the keywords including “moral distress” and (...) “nurses” to identify resources, constraints, consequences, and interventions about moral distress in nurses, from the earliest records up to 26 December 2020. The required data were extracted from 61 relevant studies by two independent reviewers. Results Resources and constraints in the occurrence of moral distress among nurses can be divided into three general categories including internal factors, clinical factors, and external factors. The consequences of moral distress on nurses and the medical system reduced moral sensitivity, development of psychological and physical health problems, and the intention to leave the profession. The potential effective interventions were the implementation of integrated communication programs, strengthening physician–nurse collaboration, nursing involvement in clinical decision-making and end-of-life issues, social support, using a resiliency bundle, interdisciplinary discussion, and promoting nurses’ ethical and communication skills. Conclusion There are a wide range of resources and constraints impacting moral distress in nurses that could lead to negative consequences. Further studies are necessary to identify, evaluate, and implement a range of potential effective interventions for the management of moral distress in nurses. (shrink)

Abstract Concepts like ?warrior? and ?professional soldier?, denoting the professional combatant, have been scrutinised very closely by military thinkers. Extensive analyses of the interaction and convergence between them, however, are less frequent. This article seeks to emphasise the ethical constraints on the soldier prescribed by both concepts, and the continuity between them. The common ethical traits of the concepts, it is argued, provide useful support when advocating the necessity of normative constraints on military conduct. In (...) particular, such emphasis on continuity is vital in avoiding the artificial and unfortunate image of there being an irresolvable gap between the traditional soldier's role and contemporary military ethics. In short, highlighting the ethical continuity between these two descriptions strengthens the case for ethical commitment as a timeless and unavoidable feature which should be part of any professional combatant's self-perception. (shrink)

Leaders are faced with ethical and moral dilemmas daily, like those within the military who must span from large-scale combat operations to security cooperation and deterrence. For businesses, these dilemmas can include social and environmental impact such as those in mining; and for governments, the social and economic impact of their decision-making in their response to COVID-19. The move by Western defence forces to align their foundational principles, policies, and “soldier” dispositions with the changing values of the countries (...) they serve are starkly illustrative of challenges faced by all leaders. While admirable, such changes face the apparent contradiction of enhancing individual moral agency within a hierarchical organization that maintain enforceable codes of conduct. Ethical leadership theory provides aspirational goals, but lacks empirically based guidance on how to implement policies that facilitate values-based behavior. Using a discourse theory analysis of a moral dilemma vignette with Royal Australian Air Force personnel, this research identifies important aspects of agency and subject position that must be addressed if such policies are to succeed. These findings show that the potential contradiction can be addressed by acknowledging the contrasting tendency to bureaucratic process by leaders at upper levels, while lower-level leaders address moral issues by incorporating their subjectivity and making a conscious deontological choice between humanity and comrade loyalty. (shrink)

In this new edition of the classic book on the moral conduct of war, Sidney Axinn provides a full-length treatment of the military conventions from a philosophical point of view. Axinn considers these basic ethical questions within the context of the laws of warfare: Should a good soldier ever disobey a direct military order? Are there restrictions on how we fight a war? What is meant by “military honor,” and does it really affect the contemporary (...) soldier? Is human dignity possible under battlefield conditions? Axinn answers “yes” to these questions. His objective in A Moral Military is to establish a basic framework for moral military action and to assist in analyzing military professional ethics. He argues for the seriousness of the concept of military honor but limits honorable military activity by a strict interpretation of the notion of war crime. With revisions and expansions throughout, including a new chapter on torture, A Moral Military is an essential guide on the nature of war during a time when the limits of acceptable behavior are being stretched in new directions. (shrink)

This paper explores Brian Orend's contribution to the just war tradition, specifically his proposed jus post bellum criteria and his idea of pre-commitment to jus in bello and jus post bellum as part of an expanded jus ad bellum criterion of right intention. The latter is based on his interpretation of Kant's work: that as part of the original decision to begin a war, a state should commit itself to certain rules of conduct and appropriate war termination, and if (...) it cannot so commit, it should not continue further down the path to using force. Orend's revised right intention brings jus post bellum ?into the fold? of the just war tradition, requiring that state obligations go beyond correct conduct in war. The article argues that whatever the nature of the just cause, there is a compelling argument for committing to jus in bello and jus post bellum as part of jus ad bellum right intention. The justness of the cause in the contemporary era requires strictness rather than leniency in the conduct and termination of war for a state to remain legitimate in the eyes of the world. In the context of Orend's proposals, this would require that states ?do their homework? and ?tie themselves to the mast?; this includes providing proof that the situation on the ground is understood, conducting a feasibility test on the proposed intervention and publicly identifying and committing to their obligations and responsibilities during and after war. Recognising the practical and political obstacles to adopting this idealistic revision of the just war tradition, the paper nevertheless concludes that Orend's contribution is significant and worthy of exploration: it offers a kernel of hope for counteracting pressures to lower the threshold of resort to force, delivering greater justice for the innocent victims of war and providing greater probability of durable peace post-war. (shrink)

Much research is currently being conducted on health care practitioners' experiences of moral distress, especially the experience of nurses. What moral distress is, however, is not always clearly delineated and there is some debate as to how it should be defined. This article aims to help to clarify moral distress. My methodology consists primarily of a conceptual analysis, with especial focus on Andrew Jameton's influential description of moral distress. I will identify and aim to resolve two (...) sources of confusion about moral distress: the compound nature of a narrow definition of distress which stipulates a particular cause, i.e. moral constraint, and the distinction drawn between moral dilemma and moral distress, which implies that the two are mutually exclusive. In light of these concerns, I argue that the definition of moral distress should be revised so that moral constraint should not be a necessary condition of moral distress, and that moral conflict should be included as a potential cause of distress. Ultimately, I claim that moral distress should be understood as a specific psychological response to morally challenging situations such as those of moral constraint or moral conflict, or both. (shrink)

In this paper, I examine the difference between decision-making by soldiers and commanders, compared with leaders of the nation. Decision-making in the armed forces is prudential reasoning concerned with the best means to achieve given military objectives. I argue that those in the military cannot rationally make the moral choice to risk the lives of their own soldiers or jeopardize their mission in order to protect the lives of enemy civilians. This does not vindicate the realists who (...) deny that morality applies to war. Moral constraints set out in war conventions foster the illusion that by following rules of war, soldiers and their leaders have done all anyone needs to do in terms of moral choice concerning war. Political leaders should instead engage in moral reasoning by considering other means besides war, even the option of changing objectives. Such reasoning differs from prudential reasoning not in scope but in type. (shrink)

This book offers a critical analysis, both theoretical and practical, of ethics education in the military. In the twenty-first century, it has become increasingly important to ensure that the armed forces of Western and other democracies fight justly and behave ethically. The 'good soldier' has to be not only professionally skilled but morally intelligent. At a time of relentless media scrutiny, the publicising of incidents of morally and legally unacceptable behaviour, such as the gross mistreatment of prisoners and the (...) torture of suspected terrorists, can do much to undermine the credibility of those who claim to hold the moral high ground in any particular conflict. Written by an international team of academic theorists and military practitioners, this volume provides inter-disciplinary insights into the present state, and the future, of ethics education in the militaries of Western democracies. The contributors critically address the central question of whether such education is sufficient to prepare members of the armed forces to face the peculiar challenges of conflict environments that are now primarily 'wars among the people', in which the opposing combatants may have little or no regard for human life and fail to discriminate between soldiers and civilians when choosing their targets. Drawing lessons from recent examples of unethical conduct, this original book offers insightful and constructive advice, both theoretical and practical, as to how situations can be improved and on the means that could and should be employed towards this end. This book will be of much interest to students of military studies, ethics and international relations."--Provided by publisher. (shrink)

This paper explores the topic of military ethics, what we mean by that term, what it covers, how it is understood, and how it is taught. It suggests that the unifying factor that makes this a coherent subject beyond individual national interpretations of it is the core idea of military professionalism. The paper draws out the distinction between training and education and draws on research conducted by a number of different people and agencies, including the International Committee of (...) the Red Cross, to establish what factors contribute to effective pedagogy and the inculcation of appropriate attitudes and behaviours. The paper concludes by looking at the way military ethics contributes to military outcomes from protecting civilians and the vulnerable to building resilience in our own military personnel to protect their mental health, through to the strategic costs of losing the moral high ground if behaviour is seen to fall short of that expected from military professionals. (shrink)

This study explores the relationship between moral intensity and the use of different sensemaking strategies in military critical incidents. First, narratives of military personnel were used to select prototypical high/low moral intensity critical incidents. In a follow-up, a scenario study was conducted with active duty military personnel to examine the relationship between moral intensity and the use of sensemaking tactics. This study offers three main conclusions. First, the use of sensemaking tactics is strongly tied (...) to the level of moral intensity in the situation. In high-intense situations, the servicemen draw on previous experiences, prediction of consequences, and help of others to recognize and interpret the situation. Less attention goes out to higher level critical thinking. Thus, it seems that in these critical incidents, the servicemen react without giving room for thorough consideration and deliberation. Second, the number of deployments a serviceman experienced influences the perceived seriousness and harmfulness of the situation negatively in low-intense situations. Finally, and in line with earlier studies, the results indicate that the concept of moral intensity is formed out of three rather than the six dimensions originally proposed by Jones. The implications of these findings are discussed. (shrink)

Agent-centered constraints on harming hold that some harmful upshots of our conduct cannot be justified by its generating equal or somewhat greater benefits. In this paper I argue that all plausible theories of agent-centered constraints on harming are undermined by the likelihood that our actions will have butterfly effects, or cause cascades of changes that make the world dramatically different than it would have been. Theories that impose constraints against only intended harming or proximally caused harm (...) have unacceptable implications for choices between more and less harmful ways of securing greater goods. This leaves as plausible only theories that impose constraints against causing some unintended distal harms. But, I argue, given the distal harms our actions are likely to cause through their butterfly effects, these theories entail that any way of sustaining our lives is overwhelmingly likely to involve unjustified killing, and that we are therefore morally required either to allow ourselves to waste away or kill ourselves. (shrink)

Just War Theory is becoming increasingly important to nations when they contemplate and participate in war. This book recognizes the timeliness of the topic and so seeks, in concrete historical terms, to deal with the issue of constraining war on the basis of moral principles.

Background: Most undergraduate midwifery curricula comprise ethics courses to strengthen the moral competences of future midwives. By contrast, surprisingly little is known about the specific moral competences considered to be relevant for midwifery practice. Describing these competences not only depends on generic assumptions about the moral nature of midwifery practice but also reflects which issues practitioners themselves classify as moral. Objective: The goal of this study was to gain insight into the ethical issues midwives encounter in (...) their daily work, the key competences and resources they consider indispensable to understand and deal with them, and to assess phenomena linked to moral distress. Methods: We conducted individual semi-structured interviews with eight midwives and two other health professionals, varying in terms of years of experience and work setting. Interview transcripts were analyzed in an interdisciplinary research group, following thematic analysis. Ethical considerations: This study was not subject to approval according to the Swiss Law on Research with Humans. Participants were informed about the study goals and gave written informed consent prior to participation. Results: External constraints limiting the midwife’s and the patient’s autonomy and resulting interpersonal conflicts were found to be the most relevant ethical issues encountered in clinical practice and were most often associated with moral distress. These conflicts often arise in the context of medical interventions midwives consider as not appropriate and situations in which less experienced midwives in particular observe a lack of both interprofessional communication and trust in their professional competence. Ethical issues related to late abortions or prenatal diagnostics and selective abortions were also frequently addressed, but many midwives involved had learned to cope with them. Discussion: In the light of the ethical issues and factors contributing to phenomena of moral distress, an empirically grounded profile of moral competences is drafted. Curricular implications in the light of possible adaptations within undergraduate midwifery education are critically discussed. (shrink)

There are three broadly defined positions on the morality of war. The first is pacifism, which holds that it is always wrong for a state to resort to war and always wrong for an individual to participate in war. The second is ‘political realism’, the view that war lies beyond and is unconstrained by morality. The third, which occupies the broad space between these opposing extremes, is that war is sometimes but not always morally permissible and that there are (...) class='Hi'>moral constraints on the conduct of war. (shrink)

Are words like ‘woman’ or ‘man’ sex terms that we use to talk about biological features of individuals? Are they gender terms that we use to talk about non-biological features e.g. social roles? Contextualists answer both questions affirmatively, arguing that these terms concern biological or non-biological features depending on context. I argue that a recent version of contextualism from Jennifer Saul that Esa Diaz-Leon develops doesn't exhibit the right kind of flexibility to capture our theoretical intuitions or moral and (...) political practices concerning our uses of these words. I then float the view that terms like 'woman' or 'man' are polysemous, arguing that it makes better sense of the significance of some forms of criticisms of mainstream gender ideology. (shrink)

Can war be morally justified? What is the philosophy behind armed conflict? How do you conduct an ethical war? And what guides military action as the nature of conflict changes over time? Based on a MOOC (Massive Open Online Course) designed for both military personnel and non-specialists across the globe, Key Concepts in Military Ethics is structured as a series of 'mini-chapters' that cover a huge range of topics and issues: moral dilemmas, military and (...) civilian interactions, freedom of the press, peacekeeping, terrorism, and humanitarian intervention. Written by a team of academic experts, many with military experience, the book contains scenarios and case studies, including the Gulf War, the Falklands War, 'Ground Zero' in New York City and more conventional theatres of war through history, as well as cyber-terrorism, the role of military contractors and unmanned weapons systems. (shrink)

Techniques for achieving moral enhancement will modify brain processes to produce what is alleged to be more moral conduct. Neurophilosophy and neuroethics must ponder what “moral enhancement” could possibly be, if possible at all. Objections to the very possibility of moral enhancement, raised from various philosophical and neuroscientific standpoints, fail to justify skepticism, but they do place serious constraints on the kinds of efficacious moral enhancers. While there won't be a “morality pill,” and (...) hopes for global moral enlightenment will remain hopes, there will be a large variety of behavioral modifiers described as enhancers of some aspect of morality or another according to prevailing social norms. The most likely moral enhancers that will be designed, tested, and marketed in the near future will attempt to alleviate seriously immoral and illegal behavior. Some enhancers diminishing antisocial conduct and a few designed to elevate moral conduct above normal levels will also become available, although their widespread use is doubtful. There will also be specialized modifications for enhancing whatever an individual personally regards as moral, and for enabling better performance by a person in an operational role. A measure of skepticism toward all the proposed kinds of moral enhancement is advised, and where political implementation of moral enhancers is concerned, a healthy amount of cynicism as well. (shrink)

This article investigates the formal purpose of declaring wars for Hugo Grotius. Grotius was adamant that states always use justification in a duplicitous way to conceal their real motivation to go to war. As such, the purpose of declaration is not to assert the just cause of war. Rather, what any public declaration does, is provide recognition that confers legal validation to the disputing parties. The legal rules of war were described by the law of nations and occasionally permitted states (...) to commit certain ‘war crimes’ with impunity. For Grotius, this was not a moral sanctioning of such crimes but rather a means to prevent the occurrence of wars, which such endless repudiations risked causing or exacerbating. Grotius’s concern for the effects of war is conspicuous; and recounting his maxim that war should always be a last resort, this article argues that declaration of war has a distinct moral purpose for Grotius. In fact, public declaration of war is, together with constraints on the conduct of war, a ‘principle of moderation’ Grotius insists should be upheld in times of war. Declaration of war gives the parties avenues to seek peace and reconciliation, and, therefore has a humanitarian purpose for Grotius by ultimately seeking to prevent the disparaging effects of war. Even in wars that do not demand a public declaration, such as those regulated by natural law such as punitive wars or defensive wars, Grotius cautions that declarations of war are advisable. The remaining lingering issue is how to engage with unlawful enemy combatants, such as pirates - a distinct problem that the international community still faces with increasing regularity. Grotius was certainly aware of the legal consequences of recognising belligerency we cannot possible hope to build moral relations with, and, this article claims, ‘unlawful’ enemies ultimately demarcates the boundary of international society. (shrink)

Over the past two decades, the study of moral reasoning has been heavily influenced by Joshua Greene’s dual-process model of moral judgment, according to which deontological judgments are typically supported by intuitive, automatic processes while utilitarian judgments are typically supported by reflective, conscious processes. However, most of the evidence gathered in support of this model comes from the study of people’s judgments about sacrificial dilemmas, such as Trolley Problems. To which extent does this model generalize to other debates (...) in which deontological and utilitarian judgments conflict, such as the existence of harmless moral violations, the difference between actions and omissions, the extent of our duties of assistance, and the appropriate justification for punishment? To find out, we conducted a series of five studies on the role of reflection in these kinds of moral conundrums. In Study 1, participants were asked to answer under cognitive load. In Study 2, participants had to answer under a strict time constraint. In Studies 3 to 5, we sought to promote reflection through exposure to counter-intuitive reasoning problems or direct instruction. Overall, our results offer strong support to the extension of Greene’s dual-process model to moral debates on the existence of harmless violations and partial support to its extension to moral debates on the extent of our duties of assistance. (shrink)

The use of excessive force in war is an all-too-familiar phenomenon that resists an obvious philosophical solution. A principle that prohibits disproportionate use of force is commonly recognized. Yet I argue that an adequate proportionality principle is more difficult to formulate than may appear. There are too many morally relevant considerations to be weighed — especially harms to combatants versus noncombatants, depending on which side they are on — and we have no clear idea how to weigh them. These difficulties (...) are avoided through the dominant understanding of proportionality codified in international law and military practice, which rules out only attacks that intentionally target civilians or that involve negligence in targeting or conduct. We should find it harder to deny that use of force can be excessive despite conforming to these narrow constraints. Specifically, we can clearly identify as excessive the use of force in pursuit of unjust goals. This will still leave a range of hard cases in which there is a just cause for war. For these cases, I propose a "golden rule" test of the sincerity of deliberation about whether a use of force would be excessive. Relying on narrow constraints that would govern use of force in war can be morally worse than not having them. The golden rule test can help to direct us toward broader, reasonable moral considerations regarding excessive force. (shrink)

This article suggests that the best available normative framework for guiding conduct in war rests on categories that do not echo the terms of an individual rights-based morality, but acknowledge the impossibility of rendering warfare fully morally justified. Avoiding the undue moralization of conduct in war is an imperative for a normative framework that strives to actually give behavioral guidance to combatants, most of whom will inevitably be ignorant of the moral status of the individuals they encounter (...) on the battlefield and will often be uncertain or mistaken about the justice of their own cause. We identify the requirement of military necessity, applied on the basis of what we refer to as the “St. Petersburg assumption”, as the main principle according to which a combatant should act, regardless of which side or in which battlefield encounter she finds herself. This pragmatic normative framework enjoys moral traction for three reasons: first, in the circumstances of war it protects human life to a certain extent; second, it makes no false claims about the moral justification of individual conduct in combat operations; and, third, it fulfills morally important functions of law. However, the criterion of military necessity interpreted on the basis of the St. Petersburg assumption does not directly replicate fundamental moral prescriptions about the preservation of individual rights. (shrink)

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

Prior research on student question-asking has primarily been conducted from a cognitive, epistemological standpoint. In contrast, we present a hermeneutic-phenomenological investigation that emphasizes the moral-practical context in which question-asking functions as a situated way of being in the midst of practice. More particularly, we present a hermeneutic study of student question-asking in a graduate seminar on design theory. The study offers a unique moral-practical perspective on this commonly studied phenomenon. Our analysis yielded four themes regarding the moral-practical (...) intricacies of question-asking in this setting, with a particular focus on time-related constraints on participation, various types of background understanding, and value-laden expectations that participants encountered in this complex ecology of practice. (shrink)

Teaching responsible conduct of research (RCR) to PhD students is crucial for fostering responsible research practice. In this paper, we show how the use of Moral Case Deliberation—a case reflection method used in the Amsterdam UMC RCR PhD course—is particularity valuable to address three goals of RCR education: (1) making students aware of, and internalize, RCR principles and values, (2) supporting reflection on good conduct in personal daily practice, and (3) developing students’ dialogical attitude and skills so (...) that they can deliberate on RCR issues when they arise. What makes this method relevant for RCR education is the focus on values and personal motivations, the structured reflection on real experiences and dilemmas and the cultivation of participants’ dialogical skills. During these structured conversations, students reflect on the personal motives that drive them to adhere to the principles of good science, thereby building connections between those principles and their personal values and motives. Moreover, by exploring personal questions and dilemmas related to RCR, they learn how to address these with colleagues and supervisors. The reflection on personal experiences with RCR issues and questions combined with the study of relevant normative frameworks, support students to act responsibly and to pursue RCR in their day-to-day research practice in spite of difficulties and external constraints. (shrink)

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of (...) reasons that a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)

Background: Moral distress has been identified as a significant issue in nursing practice for many decades. However, most studies have involved American nurses or Western medicine settings. Cultural differences between Western and non-Western countries might influence the experience of moral distress. Therefore, the literature regarding moral distress experiences among non-Western nurses is in need of review. Aim: The aim of this integrative review was to identify, describe, and synthesize previous primary studies on moral distress experienced by (...) non-Western nurses. Review method: Whittemore and Knafl’s integrative review methodology was used to structure and conduct the review of the literature. Research context and data sources: Key relevant health databases included the Ovid MEDLINE, CINAHL, Web of Science, and Google Scholar databases. Two relevant journals, Nursing Ethics and Bioethics, were manually searched. Ethical consideration: We have considered and respected ethical conduct when performing a literature review, respecting authorship and referencing sources. Findings: A total of 17 primary studies published between 1999 and 2019 were appraised. There was an inconsistency with regard to moral distress levels and its relationship with demographic variables. The most commonly cited clinical causes of moral distress were providing futile care for end-of-life patients. Unit/team constraints (poor collaboration and communication, working with incompetent colleagues, witnessing practice errors, and professional hierarchy) and organizational constraints (limited resources, excessive administrative work, conflict within hospital policy, and perceived lack of support by administrators) were identified as moral distress’s stimulators. Negative impacts on nurses’ physical, psychological, and spiritual well-being were also reported. Conclusion: Further research is needed to investigate moral distress among other healthcare professions which may further build understanding. More importantly, interventions to address moral distress need to be developed and tested. (shrink)

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of (...) reasons that a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law. (shrink)

Volume 23, Issue 3-4, November - December 2024, Page 245-250.

Norbert Elias (2001) produced one of the most influential theories on the history of violence in human societies in terms of ‘the civilizing process’. With the transformation of feudalism, the rise of bourgeois society and the development of the modern state, interpersonal violence was increasingly regulated by social norms that emphasized self-restraint and personal discipline. His theory was a moral pedagogics of the body in which the ‘passions’ are self-regulated through detailed social regimes. While his theory is influential, it (...) has also been the subject of systematic criticism. I examine three obvious lacunae in Elias’ theory. First, his theory does not provide an adequate account of the role of religion in the civilizing process, particularly with respect to controlling human violence, and I examine Elias’ theory through a commentary on charisma and the sacred in human society, namely the role of sacred violence. Second, Elias had relatively little to say about the interaction between military technology and interpersonal norms. Modern technology has made it possible, both in peace and war, for the state and modern military institutions to gain control of forms of mass violence that were unimaginable in less civilized societies. We could accept Elias’ proposition about constraint in terms of interpersonal violence, but argue that modern technology has obviously enhanced the capacity of the means of violence in society. This ‘de-personalization’ of violence is consistent with aspects of Elias’ civilization theory. However, the theme of technology was completely understated. Third, apart from Elias’ interest in art and society as a consequence of his teaching appointment in Ghana (1962–4), his theory was primarily concerned to explain aspects of social change in European society. An exploration of the evolution of military violence and charisma among American Plains Indians, especially the Cheyenne, is intended as an elaboration of the debate around Elias’ ‘figurational sociology’. Through an examination of the training of warriors in nomadic Plains culture, their mode of warfare is defined as a form of spiritual violence, because warfare was bound up with religious norms of conduct and their military interaction was highly ritualized. These spiritual technologies are an important illustration of military technologies of self-creation. My account concludes with an examination of the nature of modern conflict between professional armies within an international human rights framework. The democratization of warfare results in the routinization of military charisma and the charismatic hero survives primarily in popular culture as a celebrity. (shrink)

Infertility presents both medical and public health challenges, with in vitro fertilization (IVF) emerging as a prominent solution, particularly when other alternatives are exhausted. However, IVF treatment raises significant ethical questions that have been under explored in the Ghanaian context. This study aimed to explore ethical constraints and dilemmas in the provision of in vitro fertilization (IVF) treatment in Ghana. A descriptive phenomenological qualitative design was employed. Purposive sampling techniques were used to recruit 12 participants including ART experts from (...) three in vitro fertilization (IVF) centres, ethicists and a legal practitioner. In-depth face-to-face interviews guided by an open-ended interview guide were conducted. Thematic analysis of the interviews was performed to identify major themes. Providing IVF treatment in Ghana raises several ethical issues, including inequitable access due to high costs and limited availability, which favour wealthier individuals and leave marginalized populations with fewer options. There are significant ethical considerations in balancing the potential benefits of successful IVF treatment outcomes against the health risks and emotional tolls on patients. Decisions about the fate of surplus embryos present moral dilemmas, including whether to preserve, donate, or discard them. Differing personal beliefs about the moral status of the embryo further complicate the ethical landscape. Ensuring informed consent is challenging due to the complex medical, ethical, and emotional implications of IVF treatment, potentially leading to compromised consent. Additionally, there are ongoing risks of breaches in confidentiality, given the sensitive nature of reproductive health data and the importance of protecting patient privacy. This study revealed that several ethical dilemmas confront both healthcare providers and couples in the process of IVF. There is an urgent need for the development of clear and uniform regulations to govern the practice of IVF treatment in Ghana, with further attention given to mitigating financial barriers and enhancing support systems for couples considering IVF treatment. (shrink)

The principle of non-combatant immunity protects non-combatants against intentional attacks in war. It is the most widely endorsed and deeply held moral constraint on the conduct of war. And yet it is difficult to justify. Recent developments in just war theory have undermined the canonical argument in its favour – Michael Walzer's, in Just and Unjust Wars. Some now deny that non-combatant immunity has principled foundations, arguing instead that it is entirely explained by a different principle: that of (...) necessity. In war, as in ordinary life, harms to others can be justified only if they are necessary. Attacking non-combatants, the argument goes, is never necessary, so never justified. Although often repeated, this argument has never been explored in depth. In this article, I evaluate the necessity-based argument for non-combatant immunity, drawing together theoretical analysis and empirical research on anti-civilian tactics in interstate warfare, counterinsurgency, and terrorism. (shrink)

Reeder’s article offers a new and intriguing approach to the study of people’s ordinary understanding of freedom and constraint. On this approach, people use information about freedom and constraint as part of a quasi-scientific effort to make accurate inferences about an agent’s motives. Their beliefs about the agent’s motives then affect a wide variety of further psychological processes, including the process whereby they arrive at moral judgments. In illustrating this new approach, Reeder cites an elegant study he conducted a (...) number of years ago (Reeder & Spores, 1983). All subjects were given a vignette about a man who goes with his date to a pizza parlor and happens to come across a box that has been designated for charitable donations. In one condition, the man’s date then requests that he make a donation; in the other, she requests that he steal the money that is already in the box. In both conditions, the man chooses to comply with this request. The key question is how subjects will use his behavior to make inferences about whether he is a morally good or morally bad person. The results revealed a marked difference between conditions. When the man donated to charity, subjects were generally disinclined to conclude that he must have been a morally good person. It is as though they were thinking: ‘He didn’t just do this out of the goodness of his heart. (shrink)

During combat, soldiers make critical split-second choices about matters of life and death dozens of times a day. These individual decisions accumulate to determine the outcome of wars. In this book, Marcus Schulzke examines the theory and practice of how military ethics can guide conduct in counterinsurgency, which are particularly difficult operations because the opponent operates outside of the laws of war. Schulzke surveys the ethical traditions that militaries borrow from; compares ethics in practice in the US Army, (...) British Army and Royal Marines Commandos, and Israel Defense Forces; and draws conclusions that may help militaries refine their approaches in future conflicts. The work is based on interviews with American, British, and Israeli soldiers who were deployed between 2000 and 2012, review of training materials and other official publications, published accounts from combat veterans, and observation of US Army focus groups with active duty soldiers. Examining three distinct national militaries illuminates positives and negatives is different approaches to military ethics. Schulzke makes a convincing argument that while moral warfare is an illusive goal, it is possible to make incremental improvements that can reduce war's destructiveness while improving the success of counterinsurgency operations. (shrink)

Solar radiation management (SRM), a form of climate engineering, would offset the effects of increased greenhouse gas concentrations by reducing the amount of sunlight absorbed by the Earth. To encourage support for SRM research, advocates argue that SRM may someday be needed to reduce the risks from climate change. This paper examines the implications of two moral constraints—the Doctrine of Doing and Allowing, and the Doctrine of Double Effect—on this argument for SRM and SRM research. The Doctrine of (...) Doing and Allowing, and perhaps the Doctrine of Double Effect, shows that the argument is weaker than it appears. (shrink)

This article discusses mechanisms and principles for assignment of moral responsibility to intelligent robots, with special focus on military robots. We introduce the concept autonomous power as a new concept, and use it to identify the type of robots that call for moral considerations. It is furthermore argued that autonomous power, and in particular the ability to learn, is decisive for assignment of moral responsibility to robots. As technological development will lead to robots with increasing autonomous (...) power, we should be prepared for a future when people blame robots for their actions. It is important to, already today, investigate the mechanisms that control human behavior in this respect. The results may be used when designing future military robots, to control unwanted tendencies to assign responsibility to the robots. Independent of the responsibility issue, the moral quality of robots’ behavior should be seen as one of many performance measures by which we evaluate robots. How to design ethics based control systems should be carefully investigated already now. From a consequentialist view, it would indeed be highly immoral to develop robots capable of performing acts involving life and death, without including some kind of moral framework. (shrink)

A contractarian moral theory states that an action (practice, social structure, etc.) is morally permissible if and only if it (or rules to which if conforms) would be agreed to by the members of society under certain circumstances. What people will agree to depends on what their desires are like. Most contractarian theories - for example those of Rawls (1971) and Gauthier (1986) - specify that parties to the agreement are mutually unconcerned (take no interest in each other's interests). (...) Contractarian theorists, do not, of course, believe that this is true of real people, but they insist (with Kant) that the basic moral constraints on conduct (if there are any) apply independently of whether individuals care about each other. I shall here argue against the appropriateness of the assumption of mutual unconcern for contractarian theories, such as Gauthier's, that are supposed to ground morality solely in rationality. (shrink)

Background: Moral distress occurs when nurses experience ethical dilemmas. Issues related to these dilemmas are addressed in some nursing education courses. Nurses’ reaction to dilemma such as moral distress is relatively less noticed. Objective: This study aimed to identify and describe the various types of perceptions of moral distress exhibited by nurses. Research design: This study applied Q methodology to explore the perspectives of nurses regarding moral distress. Data were collected in two stages. First, in-depth interviews (...) were conducted to collect nurses’ opinions. Sentences that best fit the concepts of moral distress were extracted for the construction of Q statements. Second, nurses subjectively ranked these Q statements so that the relevant severity of moral distress could be determined using Q sorts. The study participants were nurses at a regional teaching hospital in northeast Taiwan. A total of 60 participants were invited to rank 40 moral distress Q statements. Ethical considerations: The study protocol was approved by the institutional review board of National Yang-Ming University Hospital. Only the participants who signed an informed consent form participated in the study. The respondents’ right to withdraw from the study was respected. Findings: Five types of responses were identified regarding the nurses’ perspectives. These types were “conflict with personal values,” “excessive of workload,” “curbing of autonomy,” “constraint engendered by organizational norms,” and “self-expectation frustration.” Conclusion: The findings regarding nurses’ experiences of moral distress can be used to construct multifaceted policies and solutions and to incorporate ethical education in training programs. (shrink)

Effects of globalization have amplified the magnitude and frequency of corporate abuses, particularly in developing economies where weak or absent rules undermine social norms and principles. Improving multinational enterprises’ (MNEs) ethical conduct is a factor of both the ability of firms to change behaviors in the direction of the moral good, and their willingness to do so. Constraints and enablers of a firm’s ability to act ethically emanate from the external environment, including the industry environment of which (...) the firm is a resident, and the host country environment in which it operates. A firm’s willingness to engage in ethical conduct is determined by the effective bundling of internal resources and the commitment of those resources to social ends. The interaction of external and internal conditions carves out categories of expected firm behaviors and suggests interventions that would push these behaviors in a more positive ethical direction. With reference to integrative social contracts theory (ISCT), these categories of firms are examined, and a conceptual model for analysis is developed to explain the drivers of corporate choices in the adoption and implementation of codes of conduct, and the relative power of relevant communities to the process. (shrink)

The moral permissibility of organ transplantation is taken for granted by most biomedical ethicists and practitioners. Of contemporary concern is not whether, but by what arrangements, we ought to allow organ transplantation. Should we institute markets for organs, thereby increasing their availability and saving many lives? Should organs be sold to the highest bidder? Should we allow the post mortem taking of organs without prior consent? Among moral theorists, the Kantians are suspected of being the least enthusiastic with (...) respect to these and similar questions. I will show the elements in Kant's theory that account for this lack of enthusiasm and how contemporary Kantians might answer questions about the permissibility of various arrangements for organ transplantation. I will argue that Kant would have had a permissive position on organ transplantation post mortem and a restrictive position on organ markets. These results will be based on a broader Kantian view of obligations to the body which stem from a non-formal theory of value. This non-formal theory, I will argue, is at the foundation of Kantian ethics. (shrink)