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- Allen E. Buchanan (1996). The Controversy Over Retrospective Moral Judgment. Kennedy Institute of Ethics Journal 6 (3):245-250.: The mandate of the U.S. Advisory Committee on Human Radiation Experiments required that the Committee take a position on the validity of retrospective moral judgments. However, throughout its period of operation, the Committee remained divided on the question of whether sound judgments of individual culpability and wrongdoing should be included in its Final Report. This essay examines the arguments that various committee members marshalled to support their opposing views on retrospective moral judgment and explains the significance of the controversy.No categories
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The manifest dissociation between our capacity to make moral judgments and our ability to provide justifications for them, a phenomenon labeled Moral Dumbfounding, has important implications for the theory and practice of moral psychology. I articulate and develop the Linguistic Analogy as a robust alternative to existing sentimentalist models of moral judgment inspired by this phenomenon. The Linguistic Analogy motivates a crucial distinction between moral acceptability and moral permissibility judgments, and thereby calls into question prevailing methods used in the study of moral judgment. Indeed, the judgments that are the focus of most current empirical work in moral psychology are not proper targets of scientific study.
According to Haidt's (2001) social intuitionist model (SIM), an individual's moral judgment normally arises from automatic 'moral intuitions'. Private moral reasoning - when it occurs - is biased and post hoc, serving to justify the moral judgment determined by the individual's intuitions. It is argued here, however, that moral reasoning is not inevitably subserviant to moral intuitions in the formation of moral judgments. Social cognitive research shows that moral reasoning may sometimes disrupt the automatic process of judgment formation described by the SIM. Furthermore, it seems that automatic judgments may reflect the 'automatization' of judgment goals based on prior moral reasoning. In line with this role for private moral reasoning in judgment formation, it is argued that moral reasoning can, under the right circumstances, be sufficiently unbiased to effectively challenge an individual's moral beliefs. Thus the social cognitive literature indicates a greater and more direct role for private moral reasoning than the SIM allows.
It has long been known that people’s causal judgments can have an impact on their moral judgments. To take a simple example, if people conclude that a behavior caused the death of ten innocent children, they will therefore be inclined to regard the behavior itself as morally wrong. So far, none of this should come as any surprise. But recent experimental work points to the existence of a second, and more surprising, aspect of the relationship between causal judgment and moral judgment. It appears that the relationship can sometimes go in the opposite direction. That is, it appears that our moral judgments can sometimes impact our causal judgments. (Hence, we might first determine that a behavior is morally wrong and then, on that basis, arrive at the conclusion that it was the cause of various outcomes.).
For moral realists moral judgments will be a kind of factual judgment that involves the basically reliable apprehension of an objective moral reality. I argue that factual judgments display at least some degree of conceptual sensitivity to error, while moral judgments do not. Therefore moral judgments are not a kind of factual judgment.
Questions regarding the nature of moral judgment loom large in moral philosophy. Perhaps the most basic of these questions asks how, exactly, moral judgments and moral rules are to be defined; what features distinguish them from other sorts of rules and judgments? A related question concerns the extent to which emotion and reason guide moral judgment. Are moral judgments made mainly on the basis of reason, or are they primarily the products of emotion? As an example of the former view, Kant held all moral requirements to be derived from a principle of rationality (the categorical imperative). As an example of the latter, Hume famously claimed that reason is “the slave of the passions” and that moral judgments stem from the moral emotions.
Prospective ascription of responsibility is hypothetical, commonly noting or setting conditions for critical judgment or liability if some event occurs or fails to occur, thus determining vulnerability to retrospective judgments. Prospective liabilities can be classified by source, by type or degree (if any) of accompanying control, and by structure or stages.But not all prospective responsibility can be understood in terms of liability. Actual or de facto control over X and/or responsibility for Y (persons, animals, inanimate things, etc.), though they may involve prospective liabilities, may not be responsibilities to any person in particular. Such responsibilities may be called responsibilities in rem and distinguished from those assignable to persons (responsibilities in personam).Though prospective responsibility judgments often provide the most important grounds for retrospective judgments, if the concern is with the meaning of responsibility judgments, retrospective responsibility judgments are more basic. For, while we can understand retrospective judgments even though we know nothing of prospective ones, the opposite is not true.
: The Advisory Committee on Human Radiation Experiments has correctly argued that persons and institutions can sometimes be held responsible for actions taken more than a half-century ago, when practices and policies on the use of research subjects were strikingly different. In reaching its conclusions, the Committee did not altogether adhere to the language and commitments of its own ethical framework. In its Final Report, the Committee emphasizes judgments of wrongdoing, to the relative neglect of culpability; it discusses mitigating conditions that are exculpatory, but does not provide a thoroughgoing assessment of either culpability or exculpation. However, the Committee's shortcomings are mild in comparison to the deficiencies in the "Report of the UCSF Ad Hoc Fact Finding Committee on World War II Human Radiation Experiments" of the University of California at San Francisco. The latter report reaches no significant judgments of either wrongdoing or culpability. The findings that should have been reached by both committees are discussed.
: The Advisory Committee on Human Radiation Experiments experienced some disagreements among its members in the course of its work. An epistemological controversy over the nature and degree of evidence required to draw ethical conclusions pervaded the committee's deliberations. Other disagreements involved the proper role of a governmental advisory committee and the question of when it is appropriate to notify people that they were unknowing subjects of radiation experiments. In the end, the Committee was able to reach consensus on almost all of its findings and recommendations through a process that preserved the integrity of its members.
When making moral judgments, people are typically guided by a plurality of moral rules. These rules owe their existence to human emotions but are not simply equivalent to those emotions. And people’s moral judgments ought to be guided by a plurality of emotion-based rules. The view just stated combines three positions on moral judgment: [1] moral sentimentalism, which holds that sentiments play an essential role in moral judgment,1 [2] descriptive moral pluralism, which holds that commonsense moral judgment is guided by a plurality of moral rules2, and [3] prescriptive moral pluralism, which holds that moral judgment ought to be guided by a plurality of moral rules. In what follows, we will argue for all three positions. We will not present a comprehensive case for these positions nor address many of the arguments philosophers have developed against them. What we will try to show is that recent psychological work supports sentimentalist pluralism in both its descriptive and prescriptive forms.
Discussion of Allen E. Buchanan, The controversy over retrospective moral judgment
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