This chapter contains sections titled: The Prima Facie Duty to Obey: A Brief History Implications of Catechistic Metaethics for the Duty of Obedience Implications of Commonalist Metaethics for the Duty of Obedience Conclusion References.

The central question in this article concerns the implications of developments in the rearrangement of tasks in health care, particularly for nurses in terms of their duties and responsibilities. Attention is focused on the transfer of medical tasks from physicians to nurses. An investigation was carried out on the impact of the rearrangement of tasks from the perspective of health care law on the legal framework of the nursing profession. From case law it can be concluded that a number (...) of specific conditions have to be met, such as mentoring, supervision and audit, orders and instructions, clear agreement about task allocation, comparing information, and making certain that the person who is given the instruction is sufficiently competent and experienced to carry it out. Although the rearrangement of tasks fits into the existing legal framework, changes in the health professions have to be met more flexibly. (shrink)

Digital communication between a patient and their clinician offers the potential for improved patient care, particularly for young people with long term conditions who are at risk of service disengagement. However, its use raises a number of ethical questions which have not been explored in empirical studies. The objective of this study was to examine, from the patient and clinician perspective, the ethical implications of the use of digital clinical communication in the context of young people living with long-term (...) conditions. A total of 129 semi-structured interviews, 59 with young people and 70 with healthcare professionals, from 20 United Kingdom -based specialist clinics were conducted as part of the LYNC study. Transcripts from five sites were read by a core team to identify explicit and implicit ethical issues and develop descriptive ethical codes. Our subsequent thematic analysis was developed iteratively with reference to professional and ethical norms. Clinician participants saw digital clinical communication as potentially increasing patient empowerment and autonomy; improving trust between patient and healthcare professional; and reducing harm because of rapid access to clinical advice. However, they also described ethical challenges, including: difficulty with defining and maintaining boundaries of confidentiality; uncertainty regarding the level of consent required; and blurring of the limits of a clinician’s duty of care when unlimited access is possible. Paradoxically, the use of digital clinical communication can create dependence rather than promote autonomy in some patients. Patient participants varied in their understanding of, and concern about, confidentiality in the context of digital communication. An overarching theme emerging from the data was a shifting of the boundaries of the patient-clinician relationship and the professional duty of care in the context of use of clinical digital communication. The ethical implications of clinical digital communication are complex and go beyond concerns about confidentiality and consent. Any development of this form of communication should consider its impact on the patient-clinician-relationship, and include appropriate safeguards to ensure that professional ethical obligations are adhered to. (shrink)

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

ContentTruth-telling is an integral part of medical practice in many parts of the world. However, recent public inquiries, including the Francis Inquiry reveal that a duty of candour in practise, are at times compromised. Consequently, the duty of candour became a statutory requirement in England. This study aimed to explore clinicians’ perspectives of the implications of the legislation for medical ethics education, as raising standards to improve patient safety remains an international concern.MethodsOne-to-one interviews with clinical educators from (...) various specialties who contribute to the MBChB programme at the authors’ university. Once data saturation had been assessed, transcripts were analysed using a thematic approach by the following concurrent activities: data reduction and coding into themes. Example quotations are used to illustrate that key themes are grounded in the data.ResultsEleven clinical educators were interviewed; three general practitioners, six physicians and two surgeons. Thematic... (shrink)

Genetic testing has familial implications. Counsellors find themselves in (moral) conflict between medical confidentiality (towards the patient) and a potential right or even duty to warn at-risk relatives. Legal regulations vary between countries. English literature about German law is scarce. We reviewed the literature of relevant legal cases, focussing on German law, according to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines. This article aims to familiarise counsellors with their responsibilities, compare the situation between countries and (...) point out legally unresolved areas.According to the German Genetic Diagnostics Act (Gendiagnostikgesetz) in case of an ‘avoidable or treatable’ genetic disorder, geneticists ought to confine themselves to the obligated advice to the patient. Whether a breach of the duty of confidentiality can be justified in exceptional cases by ‘necessity as justification’ for actively informing relatives at risk remains legally unclear. In case of a ‘neither avoidable nor treatable’ genetic disease, geneticists should also refrain from actively informing relatives as the justifiable state of emergency does not permit to break the duty of confidentiality. (shrink)

The purpose of this study is to demonstrate that Yulgok's sincere intention〔誠意〕 implies the characteristics of virtue ethics. This paper aims to establish the meaningful discussion that Yulgok's sincere intention goes beyond the limits of normative ethics, duty ethics, or the constraints of knowledge, and is significant in pursuing the goal of individual's daily moral practice and well-being. Virtue ethics place emphasis on the will for the prosperity of the community, well-being, the virtues, character, and the cultivation of the (...) agent. The moral agent can intentionally and repeatedly engage in virtuous actions through habituation thereby transforming their character. Yulgok's sincere intention aims to derive natural moral conduct through everyday will for practice, with the goal of cultivating virtuous dispositions. In other words, humans possess intellectual abilities and the virtues of renyilizhi〔仁義禮智〕. By cultivating these virtues, they attain an ideal state of character where virtuous actions can naturally manifest regardless of time and place. When aspiring to virtuous actions, the moral agent must be capable of comparing and analyzing various cases to derive rational judgments and conducts. This can be confirmed through Yulgok's interpretation of yi〔意〕 separated by nianlusi〔念慮思〕. Furthermore, Yulgok emphasized the importance of sincere mind〔實心〕. This is a driving force for appropriate judgment and moral choices making the virtue of renyilizhi〔仁義禮智〕 and impartiality. Therefore Yulgok's sincere intention provides a meaningful discussion explaining the interdependence between intellectual virtues and moral virtues required in the process of habituation. (shrink)

Count Me In (CMI) was launched in 2015 as a patient-driven research initiative aimed at accelerating the study of cancer genomics through direct participant engagement, electronic consent and open-access data sharing. It is an example of a large-scale direct-to-patient (DTP) research project which has since enrolled thousands of individuals. Within the broad scope of ‘citizen science’, DTP genomics research is defined here as a specific form of ‘top-down’ research endeavour developed and overseen by institutions within the traditional human subjects research (...) context; in novel ways, it engages and recruits patients with defined diseases, consents them for medical information and biospecimens sharing, and stores and disseminates genomic information. Importantly, these projects simultaneously aim to empower participants in the research process while increasing sample size, particularly in rare disease states. Using CMI as a case study, this paper discusses how DTP genomics research raises new questions in the context of traditional human subjects research ethics, including issues surrounding participant selection, remote consent, privacy and return of results. It aims to demonstrate how current research ethics frameworks may be insufficient in this context, and that institutions, institutional review boards and investigators should be aware of these gaps and their role in ensuring the conduct of ethical, novel forms of research together with participants. Ultimately, a broader question is raised of whether the rhetoric of participatory genomics research advocates for an ethic of personal and social duty for contributing to the advancement of generalisable knowledge about health and disease. (shrink)

This paper straightforwardly addresses one of the strongest, from an ethical perspective, objections presented to the duty to die, the one concerned with the lack of a normative theory to support it, offered by Seay in his paper Can there be a “duty to die” without a normative theory? The aim of the paper is to provide strong metaethical grounds to support the duty to die without the need of a moral normative theory. First, the definition and (...) main argument for the duty to die will be presented. Second, Seay’s objection will be described and clearly explained. Third, our metaphysical assumptions and a preliminary metaethical discussion will be offered to situate and understand the context. Finally, we will show how the duty to die can be integrated within the metaethical approach previously presented, defending that there is no need of a normative theory to provide good justification and strong ethical grounds for the duty to die, because they will have already been provided by our metaethical argument. (shrink)

Terence Cuneo presents a new argument for moral realism. According to the normative theory of speech, speech acts are generated by an agent's altering her normative position with regard to her audience. In doing so she takes on rights and responsibilities, some of which are moral and objective: these are a necessary condition of speech.

Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is (...) usually taken to be prima-facie, comprehensively applicable, universally borne, and content-independent.” This essay is a commentary on the current state of discussion of this perennial philosophical topic. (shrink)

Conjoined with the claim that there is a moral right to privacy, each of the major contemporary accounts of privacy implies a duty of ignorance for those against whom the right is held. In this paper I consider and respond to a compelling argument that challenges these accounts (or the claim about a right to privacy) in the light of this implication. A crucial premise of the argument is that we cannot ever be morally obligated to become ignorant of (...) information we currently know. The plausibility of this premise, I suggest, derives from the thought that there are no epistemically ways in which we can cause ourselves to become ignorant of what we already know. Drawing on some recent work in the epistemology and psychology of self-deception and forgetting, I seek to undermine this thought, and thus provide a defense against the challenging argument, by arguing that there are indeed such ways. (shrink)

In this essay we argue that an agent’s failure to assist someone in need at one time can change the cost she can be morally required to take on to assist that same person at a later time. In particular, we show that the cost the agent can subsequently be required to take on to help the person in need can increase quite significantly, and can be enforced through the proportionate use of force. We explore the implications of this (...) argument for the duties of the affluent to address global poverty. (shrink)

This paper is a response to a recent article by Christopher Wellman in which Wellman argues that gratitude is better understood as a virtue rather than a source of moral obligations. First, I offer several examples intended to dispute his claim that gratitude does not impose duties. Second, I provide my own reasons for thinking that deontic notions alone cannot capture the moral significance of gratitude. Wellman’s mistake is attributable to an overly narrow conception of duty that his argument (...) presupposes. Finally, I consider the implications of my analysis for fiduciary ethics generally given the indeterminacy of the principle of gratitude. (shrink)

In discussing the normative implications of the doctor-patient relationship, medical ethics has mostly focused on the duties of doctors to their patients. This focus neglects an important normative dimension of the doctorpatient- relationship, namely the duties of patients to doctors. Only few authors have discussed the content and ground of the moral duties of patients, and each of these accounts are wanting in some way. This paper discusses patients’ duties and argues that patients have a relationship-dependent obligation to cooperate (...) with the doctor, because doctors have a morally justified interest in fulfilling their moral role obligations as doctors, and by not cooperating, patients make it more difficult for doctors to fulfill their moral obligations. In some cases, failing to cooperate might even create an avoidable moral dilemma for the doctor. (shrink)

This dissertation examines the psychology of moral judgment and its implications for normative ethics and metaethics. Recent empirical findings in moral psychology, such as the impact of emotions, intuitions, and situational factors on moral judgments, have sparked a debate about whether ordinary moral judgments are systematically error-prone. Some philosophers, such as Peter Singer and Joshua Greene, argue that these findings challenge the reliability of moral intuitions and support more "reasoned", consequentialist approaches over deontological ones. The first part of (...) the dissertation reviews these provocative findings and the philosophical reactions to them, which often invoke the notion of 'moral relevance' - the idea that some factors shaping moral judgments are morally irrelevant. The second part develops a psychological account of moral relevance, drawing on theories of the moral domain, the role of emotions, and models of moral cognition. This account reveals the complex interplay of intuitive and reasoned processes in generating impressions of moral relevance. The final part reevaluates the philosophical discussions in light of this psychological understanding. It contends that the evolutionary background of moral intuitions does not necessarily render them inadequate, and that both deontological and consequentialist judgments likely depend on evolved intuitions to a significant degree. Furthermore, the tendency to dismiss certain influences on moral judgment as irrelevant can itself be explained psychologically. Considering the psychological account presented, mind-independent accounts of morality become less plausible. The dissertation concludes that while empirical moral psychology reveals important constraints on normative theorizing, it does not decisively favor consequentialism over deontology. To assess the significance of empirical-scientific findings for ethics, a nuanced understanding of the origins of moral judgments is nevertheless indispensable. (shrink)

The rules governing impaired transfers are widely thought to lie at the core of unjust enrichment law. This essay defends two propositions about these rules. First, there is no duty, in the common law, to make restitution of benefits obtained as the result of an impaired transfer . Rather than imposing duties to make restitution, or indeed duties of any kind, the rules governing impaired transfers impose only liabilities, in particular liabilities to judicial rulings. The only legal consequence of (...) a mistaken payment is that the recipient is liable to be judicially ordered to repay a sum of money equal to the payment. Second, it matters that the law governing impaired transfers imposes only liabilities, and not duties, because, inter alia, explaining and justifying liabilities is different from explaining and justifying duties. In particular, certain well-known objections to attempts to explain impaired transfer law can be avoided once it is recognized that this law is concerned exclusively with liabilities. In summary, then, this essay argues that the distinction between duty-imposing and liability-imposing rules has important implications for understanding the foundations of the law governing impaired transfers. (shrink)

We address the issue of whether, why and under what conditions, quarantine and isolation are morally justified, with a particular focus on measures implemented in the developing world. We argue that the benefits of quarantine and isolation justify some level of coercion or compulsion by the state, but that the state should be able to provide the strongest justification possible for implementing such measures. While a constrained form of consequentialism might provide a justification for such public health interventions, we argue (...) that a stronger justification is provided by a principle of State Enforced Easy Rescue: a state may permissibly compel individuals to engage in activities that entail a small cost to them but a large benefit to others, because individuals have a moral duty of easy rescue to engage in those activities. The principle of State Enforced Easy Rescue gives rise to an Obligation Enforcement Requirement: the state should create the conditions such that submitting to coercive or compulsive measures becomes a fundamental moral duty of individuals, i.e. a duty of easy rescue. When the state can create such conditions, it has the strongest justification possible for implementing coercive or compulsive measures, because individuals have a moral duty to temporarily relinquish the rights that such measures would infringe. Our argument has significant implications for how public health emergencies in the developing world should be tackled. Where isolation and quarantine measures are necessary, states or the international community have a moral obligation to provide certain benefits to those quarantined or isolated. (shrink)

This article argues that congregations should be seen as grassroots public moral agents, on the ground working to bring what they discern as God's preferred future into being. Deliberations among congregations of all social backgrounds are a way of doing ethics "polycentrically," without a dominant center. Because cultural and social boundaries are permeable and people in various social groups can imaginatively enter the worlds of people unlike themselves, they can engage those perspectives morally on an equal footing. The essay addresses (...) ethicists' participation in congregations' moral deliberation and action, and concludes with a plea for theological ethicists to consider congregations in their work. (shrink)

This book uses Kant's idea of imperfect duty to extend the theory of the firm. Unlike perfect duty which is contractual or otherwise legally binding, imperfect duty consists of those commitments of choice that pursue some moral value, but that have practical limits to their pursuit. The author presents a broad view of the imperfect duties of management, defined as a nexus of all commitments to do good involving relations internal and external to the firm. This nexus (...) consists of three overlapping categories of (i) building a virtuous managerial community, (ii) pursuing reasoned managerial discourse, and (iii) diligent and reasoned pursuit of the body of routine managerial duties such as capital budgeting and internal controls. Specific applications of the nexus theory for stakeholder relations via fair negotiation, and for analysis of the effects on the managerial team of perquisite consumption are presented. This book has major implications for research in business ethics and allows critical insights into managerial decision making. (shrink)

Moral duties are regularly attributed to groups. Does this make conceptual sense or is this merely political rhetoric? And what are the implications for these individuals within groups? Collins outlines a Tripartite Model of group duties that can target political demands at the right entities, in the right way and for the right reasons.

This paper provides an overview of Group Duties: Their Existence and Their Implications for Individuals.

Ideally, the government of any nation is in a contract with the citizens for protection of life, property and freedom while the citizens are obliged to obey government laws. Moreso, the government is to discharge her duties without discriminating against any person or group. In Nigeria there are economic and administrative policies that discriminate against the Igbo nation resulting in dire consequences. Since economic policies make or mar the wellbeing of citizens especially in business, the need for fairness, equity, and (...) justice in the formulation and execution of policies is unquestionable. The Igbo of South East Nigeria, who are very active in business and entrepreneurship, suffer untold disadvantages and massive economic losses due to the lopsided and discriminatory economic policies churned out by successive Nigerian governments. Here we examine and argue against such policies based on their ethical implications and effects on individual and national development. (shrink)

The role that the desire for self‐worth plays in international relations has become a prominent topic in contemporary political theory. Contemporary accounts are based on the notion of national self‐worth as a function of status; therefore, the desire for national self‐worth is seen as a source of anxiety and conflict over status. By contrast, according to Christian Wolff, there exists a duty to take care that both one's own and other political communities deserve to be esteemed. In his view, (...) this duty is grounded in the duty of self‐perfection because the qualities for which communities deserve to be esteemed are those that promote the self‐perfection of individuals. From this perspective, he argues that duties of esteem toward political communities should not be seen as an outcome of power relations but rather as an outcome of the fulfillment of functions of the law of peoples. Wolff's line of argument draws attention to the possibility that anger over a violation of the desire for honor could be mistaken for an expression of specific culture‐specific sensitivities, while what really may be expressed is a diverging interpretation of the implications of dependence in international relations. (shrink)

Several recent publications in biomedical ethics argue that organ donation is generally morally obligatory and failure to do so is morally indefensible. Arguments for this moral conclusion tend to be of two kinds: arguments from fairness and arguments from easy rescue. While I agree that many of us have a duty to donate, in this article I criticize these arguments for a general duty of organ donation and their application to organ procurement policy. My concern is that these (...) arguments neglect the role that trust plays in contemporary organ transplant policies and in differential rational attitudes toward donation. Recognizing donation as an achievement of trust, and acknowledging the warrant of many people's rational distrust or withheld trust in medicine, I argue, should have significant implications for the ethics of organ procurement. (shrink)

The political passages in Polanyi’s Personal Knowledge are an integral part of his arguments against ‘objectivism’ and/or a post-critical, personalist, fiduciary and fallibilist philosophy. This paper elaboratesthe social and political implications of Polanyi’s emphasis upon acceptance of one’s situation and the exercise in it of a sense of responsibility to transcendent ideals, as against attempts to start with a clean slate, to overcome all imperfections and to find some simple rule for political policy. Prescriptive duties and rights, and mutual (...) trust and solidarity, are the bases of politics, anti responsible action must start with them. But much of modern politics expresses a Gnostic impatience of our created and finite existence which results in arbitrary commitment to some radical and destructive ideology. (shrink)

The laws concerning driving licences and epilepsy in different countries are very diverse with regard to the criteria for issuance or renewal of licences, and also the methods of evaluating fitness. In 2011, a law was issued in Italy implementing the European directives on driving licences, including provisions for mandatory notification that a driver is epileptic. This was established regardless of the European rules that require compulsory notification only of patients. The Federation of Italian Boards of Physicians has made recommendations (...) against mandated physician reporting, resulting in a current confusion between legal and ethical recommendations to medical doctors. The mandatory notification enacted by Italian law raises ethical concerns about disparities in access to care and possible violations of the right to confidentiality of patient information. Moreover, the law discussed here fails to emphasise the importance of physicians ensuring compliance by the patient, by sharing the correct information about the risks associated with illegal driving and by obtaining information from the patient through regular check-ups. An urgent revision of the law is required to implement the duty of the physician to provide information and to ensure that the rule about mandatory notification should be erased in favour of optional self-reporting by epileptics as the preferred way to notify the licensing authority. The implementation of these measures could correct the dichotomy between the law and the ethical recommendations for medical doctors and protect the rights of people with epilepsy as well as those of any other patients whose pathology or impairment could imply a risk to the community. (shrink)

In this review I examine Cuneo's comparison of the non-normative, perlocutionary-intention theory of speech acts (Grice) with the normative theory of speech acts (Searle and Alston) and the moral theory of speech acts (Wolterstorff, Cuneo) in his transcendental argument for moral realism (since moral facts are among the necessary conditions for the possibility of speech acts, and since there are speech acts (asserting, promising, asking questions, issuing commands, etc.), it follows that moral facts exist). I argue that Cuneo does not (...) establish that moral facts are among the necessary conditions for the possibility of speech acts. I also argue that the moral realism he defends is less moral than most, since he denies that moral reasons must be categorical or necessarily motivating. (shrink)

Since the 18th century, one of the key features of diagnosed psychopaths has been “moral colorblindness” or an inability to form moral judgments. However, attempts at experimentally verifying this moral incapacity have been largely unsuccessful. After reviewing the centrality of “moral colorblindness” to the study and diagnosis of psychopathy, I argue that the reason that researchers have been unable to verify that diagnosed psychopaths have an inability to make moral judgments is because their research is premised on the assumption that (...) there is a specific moral faculty of the brain, or specific “moral” emotions, and that this faculty or set of emotions can become “impaired”. I review recent research and argue that we have good reason to think that there is no such distinct capacity for moral judgment, and that, as a result, it is impossible for someone’s “moral judgment faculty” to become selectively disabled. I then discuss the implications of such a position on psychopathy research, the coherence of the disorder, and the moral responsibility of psychopaths. (shrink)

In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about the rationality (...) of voting and duties of elected officials: (A) Voting is typically rational for the members of a political party’s base; (B) Voting is often (but not always) irrational for “swing” voters (i.e. independent voters who are not affiliated with any political party, as well as “undecided” voters who are considering voting across party lines); and (C) Elected officials have a moral duty to respond to changing levels of popular support once in office, as indicated by properly monitored and corroborated public opinion polls of constituents, functioning more as delegates the lower their level of popular support. Finally, I suggest that the last of these conclusions has wide-ranging implications for political ethics. I illustrate these implications by focusing on the questions -- under debate in the 2016 US Presidential election cycle -- of whether a sitting President has a moral duty to nominate or not nominate a new Supreme Court justice during his or her final year in office, and similarly, whether US Senators have a moral duty to obstruct, or not obstruct, confirmation of the President’s eventual nominee. (shrink)

Debates about the implications of empirical research in the natural and social sciences for normative disciplines have recently gained new attention. With the widening scope of neuroscientific investigations into human mental activity, decision-making and agency, neuroethicists and neuroscientists have extensively claimed that results from neuroscientific research should be taken as normatively or even prescriptively relevant. In this chapter, I investigate what these claims could possibly amount to. I distinguish and discuss three readings of the thesis that neuroscientific evidence has (...) normative implications: an action-theoretic, an epistemological, and a metaphysical reading. I conclude that the action-theoretic reading has the most direct normative consequences, even though it is limited to the questions of whether some pre-established moral norms can be realized by individual agents. In contrast, in applying the other two readings, neuroscience can only be said to have normative implications in a very indirect way and only under the condition of making contested metaethical assumptions. All in all, the room for inferring concrete. (shrink)

Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones. Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the (...) rights theory fail to supply grounds for intergenerational concern. The paper then offers an alternative theory that refines the idea of duty of fair play developed by John Rawls and applies it to the context of intergenerational relationships. To begin with, I identify several characteristics of posterity and explicate the adverse implications these characteristics have for other major theories of intertemporal concern than the rights theory. Next, different versions of the rights theory are closely examined from the perspective of the non-identity problem. Then, I offer an alternative argument for caring about future people, which is founded on the idea of intergenerational fair play. This paper concludes by noting that the fairness theory, unlike its rivals, does not face the non-identity problem or any other problems stemming from the features of posterity previously identified. (shrink)

In his latest book, Liberalism without Perfection (2011), Jonathan Quong argues against liberal perfectionism and defends Rawlsian political liberalism. In the course of his argumentation he presents us with a judgmental account of paternalism and the buck-passing account of truth in political philosophy. The aim of this paper is to critique both of those elements in Quong’s argumentation. I will first present the judgmental account of paternalism and then demonstrate that it will place impossible demands on us, insofar as paternalism (...) is a prima facie wrong and we have a duty to reduce wrongness in the world. I will then turn to the buck-passing account of truth; after introducing it, I show that it will generate uncertain results for political philosophy, making it an unsatisfactory solution for the political liberal making truth claims in political philosophy. (shrink)

Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic (...) across time. In this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect. (shrink)

For \(n\in \omega \), the weak choice principle \(\textrm{RC}_n\) is defined as follows: _For every infinite set_ _X_ _there is an infinite subset_ \(Y\subseteq X\) _with a choice function on_ \([Y]^n:=\{z\subseteq Y:|z|=n\}\). The choice principle \(\textrm{C}_n^-\) states the following: _For every infinite family of_ _n_-_element sets, there is an infinite subfamily_ \({\mathcal {G}}\subseteq {\mathcal {F}}\) _with a choice function._ The choice principles \(\textrm{LOC}_n^-\) and \(\textrm{WOC}_n^-\) are the same as \(\textrm{C}_n^-\), but we assume that the family \({\mathcal {F}}\) is linearly orderable (...) (for \(\textrm{LOC}_n^-\) ) or well-orderable (for \(\textrm{WOC}_n^-\) ). In the first part of this paper, for \(m,n\in \omega \) we will give a full characterization of when the implication \(\textrm{RC}_m\Rightarrow \textrm{WOC}_n^-\) holds in \({\textsf {ZF}}\). We will prove the independence results by using suitable Fraenkel-Mostowski permutation models. In the second part, we will show some generalizations. In particular, we will show that \(\textrm{RC}_5\Rightarrow \textrm{LOC}_5^-\) and that \(\textrm{RC}_6\Rightarrow \textrm{C}_3^-\), answering two open questions from Halbeisen and Tachtsis (Arch Math Logik 59(5):583–606, 2020). Furthermore, we will show that \(\textrm{RC}_6\Rightarrow \textrm{C}_9^-\) and that \(\textrm{RC}_7\Rightarrow \textrm{LOC}_7^-\). (shrink)

The Moral Twin Earth challenge to ethical naturalism threatens to undermine an otherwise promising metaethical view by showing that typical, naturalist-friendly theories of reference determination predict diverging reference in Twin Earth scenarios, making it difficult to account for substantive moral disagreement. Several theorists have recently invoked David Lewis’s doctrine of reference magnetism as a solution, claiming that a highly elite moral property—a moral “joint in nature”—could secure shared reference between ourselves and our twins on Twin Earth, despite our diverging usages (...) of moral terms. This paper argues that this move has significant methodological implications: namely, it entails that a certain sort of simplicity is truth-conducive. Consequently, when applied to moral theories, this gives certain views, specifically monist ones like utilitarianism and contractualism, an advantage over their more complicated rivals, forms of pluralism and particularism. Thus, ethical naturalists cannot invoke reference magnetism without a substantial impact on first-order theorizing. (shrink)

In ordinary discourse, a single duty is often attributed to a plurality of agents. In "Group Duties: Their Existence and Their Implications for Individuals", Stephanie Collins claims that such attributions involve a “category error”. I critically discuss Collins’ argument for this claim and argue that there is a substantive sense in which non-agential groups can have moral duties. A plurality of agents can have a single duty to bring about an outcome by virtue of a capacity of (...) each to practically reason about what they ought to do together. I also argue that Collins’ attempt to give a reductive account of such “we-reasoning” fails. (shrink)

There is a traditional understanding of what morality is, an under-standing that most contemporary moral philosophers take for granted. This understanding is not itself a theory, but rather an account of the phenomenon of morality, to which these philosophers have thought any theory of the phenomenon must conform if it is to be considered successful as either an explanation or a justification of our moral life. According to this account, there are three prominent features that, together, characterize the moral: First, (...) moral action and moral regard are taken to be other-regarding. While some philosophers have identified a certain kind of self-respect as part of morality, in general morality has been thought to involve duties to others, requiring that they be treated with respect. Self-interest is generally taken to be outside the province of the moral. (shrink)

Malm and colleagues (2008) consider (and reject) five arguments putatively justifying the idea that healthcare workers (HCWs) have a duty to treat (DTT) during a pandemic. We do not have sufficient...

One of the most ambitious and sophisticated recent approaches to provide a theory of global health justice is Sridhar Venkatapuram's recent work. In this commentary, we first outline the core idea of Venkatapuram's approach to global health justice. We then argue that one of the most important elements of the account, Venkatapuram's basis of global health duties, is either too weak or assumed implicitly without a robust justification. The more explicit grounding of the duty to protect and promote health (...) capabilities is based on Martha Nussbaum's version of the capability approach. We argue that this foundation gives rise to humanitarian duties rather than duties of justice proper. Venkatapuram's second argument from the social determinants of health thesis is instead a stronger candidate for grounding duties of justice. However, as a justificatory argument, it is only alluded to and has not yet been spelled out sufficiently. We offer plausible justificatory steps to fill this gap and draw some implications for global health action. We believe this both strengthens Venkatapuram's approach and serves to broaden the basis for future action in the area of global health. (shrink)