Cranston argued that scarcity makes universal welfare rights impossible. After showing that this argument cannot be avoided by denying scarcity, I consider four challenges to the argument which accept the possibility of conflicts between the duties implied by rights. The first denies the agglomeration principle; the second embraces conflicts of duties; the third affirms the violability of all rights-based duties; and the fourth denies that duties to compensate are overriding. I argue that all four challenges (...) to the scarcity argument are unsuccessful. I then discuss Eddy’s recent challenge, which makes welfare rights context dependent, but I argue that this also fails because it makes rights unknowable. I conclude that the scarcity argument, restated in the light of the discussion, shows that universal welfare rights, as ordinarily understood, are impossible and I explain the philosophical and practical significance of this conclusion. (shrink)
I summarise a conception of morality as containing a set of rules which hold ceteris paribus and which impose pro-tanto obligations. I explain two ways in which moral rules are ceteris-paribus, according to whether an exception is duty-voiding or duty-overriding. I defend the claim that moral rules are ceteris-paribus against two qualms suggested by Luke Robinson’s discussion of moral rules and against the worry that such rules are uninformative. I show that Robinson’s argument that moral rules cannot ground pro-tanto (...) obligations is unsound, because it confuses an absolute reason for an obligation with a reason for an absolute obligation, and because it overlooks the possibility that priority rules may be rules for ordering pro-tanto obligations rather than rules for eliminating contenders for the status of absolute obligation. (shrink)
This paper investigates the nature and foundation of duties to oneself in Kant's moral theory. Duties to oneself embody the requirement of the formula of humanity that agents respect rational nature in them-selves as well as in others. So understood, duties to oneself are not subject to the sorts of conceptual objections often raised against duties to oneself; nor do these duties support objections that Kant's moral theory is overly demanding or produces agents who are (...) preoccupied with their own virtue. Duties to oneself emerge as an essential and compelling part of Kant's moral theory. (shrink)
Benatar’s central argument for antinatalism develops an asymmetry between the pain and pleasure in a potential life. I am going to present an alternative route to the antinatalist conclusion. I argue that duties require victims and that as a result there is no duty to create the pleasures contained within a prospective life but a duty not to create any of its sufferings. My argument can supplement Benatar’s, but it also enjoys some advantages: it achieves a better fit with (...) our intuitions; it does not require us to acknowledge that life is a harm, or that a world devoid of life is a good thing; and it is easy to see why it does not have any pro-mortalist implications. (shrink)
In The Right and the Good, W. D. Ross commits himself to the view that, in addition to being distinct and defeasible, some prima facie duties are more binding than others. David McNaughton has argued that there appears to be no way of making sense of this claim that is both coherent and consistent with Ross's overall picture. I offer an alternative way of understanding Ross's remarks about the comparative stringency of prima facie duties, which, in addition to (...) being compatible with his view as presented in the text, provides us with a coherent, and indeed plausible, account of what it means for some duties to be more binding than others. (shrink)
In Kant’s moral theory, we do not have duties to animals, though we have duties with regard to them. I reconstruct Kant’s arguments for several types of duties with regard to animals and show that Kant’s theory imposes far more robust requirements on our treatment of animals than one would expect. Kant’s duties regarding animals are perfect and imperfect; they are primarily but not exclusively duties to oneself; and they condemn not merely cruelty to animals (...) for its own sake, but also, such things as killing them for food when our health does not require it and ingratitude to service animals. Central to understanding these duties is appreciating Kant’s concern for our morally useful emotions, for it is primarily because of the effect that cruelty to animals has on our sympathetic emotions—which greatly help us treat other rational beings appropriately—that we have duties not to be cruel to animals. Yet cruelty and callousness toward animals are not problematic only because they may weaken some of our morally useful emotions. Cuelty and callousness toward animals are problematic also because they oppose our morally useful emotions; these emotions, as part of the perfection of our nature, should be honored, supported, and furthered, unless there are compelling reasons not to do so in particular cases. (shrink)
Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him to shift illicitly (...) between negative and positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)
Why, morally speaking, ought we do more for our family and friends than for strangers? In other words, what is the justification of special duties? According to partialists, the answer to this question cannot be reduced to impartial moral principles. According to impartialists, it can. This paper briefly argues in favour of impartialism, before drawing out an implication of the impartialist view: in addition to justifying some currently recognised special duties, impartialism also generates new special duties that (...) are not yet widely recognised. Specifically, in certain situations, impartial principles generate duties to take actions and adopt attitudes in our personal lives that increase the chance of new or different special relationships being formed—new or different friendships, family-like relationships, relationships akin to co-nationality, and so on. In fact, even if one thinks partialism is the best justification of the duties we have once in special relationships, impartialist justifications for taking steps to form such relationships should have some sway. Moreover, a little reflection shows that these duties are not as demanding or counterintuitive as one might expect. (shrink)
Mark Nelson argues that we have no positive epistemic duties. His case rests on the evidential inexhaustibility of sensory and propositional evidence—what he calls their ‘infinite justificational fecundity’. It is argued here that Nelson’s reflections on the richness of sensory and propositional evidence do make it doubtful that we ever have an epistemic duty to add any particular beliefs to our belief set, but that they fail to establish that we have no positive epistemic duties whatsoever. A theory (...) of epistemic obligation based on Kant’s idea of an imperfect duty is outlined. It is suggested that such a theory is consistent with the inexhaustibility of sensory and propositional evidence. Finally, one feature of our epistemic practice suggestive of the existence of imperfect epistemic duties is identified and promoted. (shrink)
In recent decades, concepts of group agency and the morality of groups have increasingly been discussed by philosophers. Notions of collective or joint duties have been invoked especially in the debates on global justice, world poverty and climate change. This paper enquires into the possibility and potential nature of moral duties individuals in unstructured groups may hold together. It distinguishes between group agents and groups of people which – while not constituting a collective agent – are nonetheless capable (...) of performing a joint action. It attempts to defend a notion of joint duties which are neither duties of a group agent nor duties of individual agents, but duties held jointly by individuals in unstructured groups. Furthermore, it seeks to illuminate the relation between such joint duties on the one hand and individual duties on the other hand. Rebutting an argument brought forward by Wringe, the paper concludes that it is not plausible to assume that all humans on earth can together hold a duty to mitigate climate change or to combat global poverty given that the members of that group are not capable of joint action. (shrink)
Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...) warming raises the prospect that we need a global form of political authority that could coordinate the actions of states in order to address this environmental threat. This in turn suggests that any serious effort to mitigate climate change will entail new limits on the sovereignty of states. In this book I focus on the normative question of whether or not we have clear moral reasons to bind ourselves together in such a supranational form of political association. I argue that one can employ familiar liberal arguments for the moral legitimacy of political order at the state level to show that we do have a duty to support such a global political project. Even if one adopts the premises employed by the most influential forms of liberal scepticism to the ideas of global political and distributive justice, such as those advanced by John Rawls and Thomas Nagel, it is clear that the threat of global warming has expanded the scope of justice. We now have a global and demanding duty of justice to create the political conditions that would allow us to collectively address our impact on the Earth’s atmosphere. (shrink)
Gopal Sreenivasan’s “hybrid theory” states that a moral duty is directed toward an individual because her interests justify the assignment of control over the duty. An alternative “plain theory” states that the individual’s interests justify the duty itself. I argue that a strong moral status constraint explains Sreenivasan’s instrumentalization objection to a Razian plain theory but that his own model violates this constraint. I suggest how both approaches can be reformulated to satisfy the constraint, and I argue that a reformulated (...) plain theory can also avoid an insufficiency objection. The hybrid approach consequently has no clear advantage over the plain approach. (shrink)
American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative (...) class='Hi'>duties to aid encounters the same problem of moral arbitrariness as does a moral catastrophe override of deontological side-constraints. (shrink)
Volume Six of the Six-Volume set, Rights and Duties joins the most significant writings in two crucial areas of ethical reflection and behavior. This collection provides students and scholars with the history of how humanity has argued for and against entitlements, rights, and protections for itself, and how humanity has argued for and against obligations, duties, and social responsibilities toward others.
An epistemic duty would be a duty to believe, disbelieve, or withhold judgment from a proposition, and it would be grounded in purely evidential or epistemic considerations. If I promise to believe it is raining, my duty to believe is not epistemic. If my evidence is so good that, in light of it alone, I ought to believe it is raining, then my duty to believe supposedly is epistemic. I offer a new argument for the claim that there are no (...) epistemic duties. Though people do sometimes have duties to believe, disbelieve, or withhold judgment from propositions, those duties are never grounded in purely epistemic considerations. (shrink)
Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties (...) of justice, whereas positive duties (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (shrink)
Some theorists who accept the existence of global justice duties to alleviate the condition of distant needy strangers hold that these duties are significantly constrained by special ties to fellow countrymen. The patriotic priority thesis holds that morality requires the members of each nation-state to give priority to helping needy fellow compatriots over more needy distant strangers. Three arguments for constraint and patriotic priority are examined in this essay: an argument from fair play, one from coercion, another from (...) coercion and autonomy. Under scrutiny, none of these arguments qualifies as successful. (shrink)
I clarify Kant's classification of duties and criticize the apocryphal tradition that, according to Kant, perfect duties trump imperfect duties. I then use Kant's view to argue that judges who believe that an action is immoral and should be illegal need not set aside their beliefs in order to comply with binding precedents that permit the action. The same view of morality that causes some people to oppose certain actions, including abortion, requires lower–court judges to comply with (...) binding precedents. Therefore, someone's opposition to legal abortion, by itself, does not justify opposing that person's nomination to a lower court. (shrink)
In his classic article, Famine, Affluence, and Morality (Philosophy and Public Affairs 1 (1972), pp. 229–243), Peter Singer claimed that affluent people in the developed world are morally obligated to transfer large amounts of resources to poor people in the developing world. For present purposes I will not call Singers argument into question. While people can reasonably disagree about exactly how demanding morality is with respect to duties to the desperate, there is little question in my mind that it (...) is much more demanding than common sense morality or our everyday behavior suggests. Even someone who disagrees with this might still find some interest in seeing what a demanding morality would imply for well-off residents of the rich countries of the world. I proceed in the following way. First, I survey humanitarian aid, development assistance, and intervention to protect human rights as ways of discharging duties to the desperate. I claim that we should be more cautious about such policies than is often thought. I go on to suggest two principles that should guide our actions, based on an appreciation of our roles, relationships, and the social and political context in which we find ourselves. (shrink)
It is estimated that there could be 200 million‘environmental refugees’ by the middle of this century. One major environmental cause of population displacement is likely to be global climate change. As the situation is likely to become more pressing, it is vital to consider now the rights of environmental refugees and the duties of the rest of the world. However, this is not an issue that has been addressed in mainstream theories of global justice. This paper considers the potential (...) of two leading liberal theories of international justice to address the particular issues raised by the plight of potential and actual environmental refugees. I argue that neither John Rawls’s ‘Law of Peoples’ approach nor Charles Beitz’s `cosmopolitanism' is capable of providing an adequate account of justice in this context. Beitz’s theory does have some advantages over Rawls’s approach but it fails to take proper account of the attachment that some people have to their own ‘home’. (shrink)
It is widely accepted by the scientific community and beyond that human beings are primarily responsible for climate change and that climate change has brought with it a number of real problems. These problems include, but are not limited to, greater threats to coastal communities, greater risk of famine, and greater risk that tropical diseases may spread to new territory. In keeping with J. S. Mill's 'Harm Principle', green political theorists often respond that if we are contributing a harm to (...) others in contributing to climate change and its negative effects, we then have a negative duty to assist those we have harmed and to reduce our carbon emissions. In this paper, I will take seriously negative duties stemming from a contribution to climate change and demonstrate that our negative duties do not demand that we necessarily end our contribution to climate change if we were able to compensate those who may be affected by climate change. Thus, the conclusion of many green political theorists - that we must reduce our carbon emissions - does not necessarily follow from the view that humans are primarily responsible for climate change and its attended ill effects. (shrink)
Do we violate human rights when we cooperate with and impose a global institutional order that engenders extreme poverty? Thomas Pogge argues that by shaping and enforcing the social conditions that foreseeably and avoidably cause global poverty we are violating the negative duty not to cooperate in the imposition of a coercive institutional order that avoidably leaves human rights unfulfilled. This article argues that Pogge's argument fails to distinguish between harms caused by the global institutions themselves and harms caused by (...) the domestic policies of particular states and collective action problems for which collective responsibility cannot be assigned. The article also argues that his position relies on questionable factual and theoretical claims about the impact of global institutions on poverty, and about the benefits and harms of certain features of these institutions. Participation in, and benefit from, global institutions is unlikely to constitute a violation of our negative duties towards the poor. Key Words: justice • international regimes • institutions • human rights • trade. (shrink)
To be a doxastic deontologist is to claim that there is such a thing as an ethics of belief (or of our doxastic attitudes in general). In other words, that we are subject to certain duties with respect to our doxastic attitudes, the non-compliance with which makes us blameworthy and that we should understand doxastic justification in terms of these duties. In this paper, I argue that these duties are our all things considered duties, and not (...) our epistemic or moral duties, for example. I show how this has the surprising result that, if deontologism is a thesis about doxastic justification, it entails that there is no such thing as epistemic or moral justification for a belief that p. I then suggest why this result, though controversial, may have some salutary consequences: primarily that it helps us make some sense of an otherwise puzzling situation regarding doxastic dilemmas. (shrink)
Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can be (...) interpreted in two different ways. Unfortunately, both interpretations are problematic. Lastly, I suggest a strategy for amending this problem. (shrink)
Martha Nussbaum has claimed that it is possible for a moral agent to be confronted, through no fault of his own, with an irresolvable conflict between his moral duties; and cites Kant as someone who takes the opposing view. Kant did indeed take the view that conflict between duties was inconceivable, but Nussbaum has failed to grasp his main reason for doing so, namely the principle that ‘ought’ implies ‘can’. When that principle is properly understood it can be (...) seen that a Kantian account, or one drawing upon Kantian resources, can make more sense of our being confronted, seemingly, by incompatible duties than the account Nussbaum herself offers. (shrink)
What rights and duties do adults have with respect to raising children? Who, for example, has the right to decide how and where a particular child will live, be educated, receive health care, and spend recreational time? I argue that neither biological (gene-provider) nor..
Plausibly, only moral agents can bear action-demanding duties. This places constraints on which groups can bear action-demanding duties: only groups with sufficient structure—call them ‘collectives’—have the necessary agency. Moreover, if duties imply ability then moral agents (of both the individual and collectives varieties) can bear duties only over actions they are able to perform. It is thus doubtful that individual agents can bear duties to perform actions that only a collective could perform. This appears to (...) leave us at a loss when assigning duties in circumstances where only a collective could perform some morally desirable action and no collective exists. But, I argue, we are not at a loss. This article outlines a new way of assigning duties over collective acts when there is no collective. Specifically, we should assign collectivisation duties to individuals. These are individual duties to take steps towards forming a collective, which then incurs a duty over the action. I give criteria for when individuals have collectivisation duties and discuss the demands these duties place on their bearers. (shrink)
The notion of an “imperfect” obligation or duty, which most of us associate with Kantian ethics, affords a way of mitigating morality’s demands, while recognizing moral obligation as “binding” or inescapable, in Kant’s terms – something an agent cannot get out of just by appealing to ends or priorities of her own.2 Understood as duties of indeterminate content, imperfect duties such as the charitable duty to aid those in need leave leeway for personal choice – of whom to (...) aid and when and how much, at any rate past a certain threshold. They therefore allow us authority to shape our own lives, balancing concern for others with our own nonmoral projects and concerns. But they interest me in the first instance in connection with practical reasons, taken as the basis of moral “ought.” On what I take to be the common account of practical reasons, they are essentially prima facie act-requirements, able to be overridden or undermined by opposing reasons, but otherwise constraining rational choice.3 If we have a reason to aid a particular famine victim, say, it is only the fact that we have just as weighty reasons to aid others instead, or to do something else with the same resources, that keeps us from being required to aid him in particular. A moral reason counts as binding on this account insofar as it outweighs competitors – the result being a moral obligation, “imperfect” where its content leaves significant room for choice. However, in a case where there happens to be some best or most effective way of fulfilling an imperfect obligation, and our reason for a certain option counts as our strongest 1 reason, what happens to our leeway for choice? I mean to be working from an objective notion of obligation and of reasons, as independent of what the agent knows or has reason to know, but in that case, when we supplement morality with rationality, there might seem to be particular victims we are required to aid, whether or not we can tell who they are. For surely we have a moral reason to aid any given victim, not just victims generally.. (shrink)
Opponents of euthanasia sometimes argue that it is incompatible with the purpose of medicine, since physicians have an unconditional duty never to intentionally cause death. But it is not clear how such a duty could ever actually be unconditional, if due consideration is given to the moral weight of countervailing duties equally fundamental to medicine. Whether physicians' moral duties are understood as correlative with patients' moral rights or construed noncorrelatively, a doctor's obligation to abstain from intentional killing cannot (...) be more than a defeasible duty. (shrink)
In this paper, I argue that those moral theorists who wish to accommodate agentcentered options and supererogatory acts must accept both that the reason an agent has to promote her own interests is a nonmoral reason and that this nonmoral reason can prevent the moral reason she has to sacrifice those interests for the sake of doing more to promote the interests of others from generating a moral requirement to do so. These theorists must, then, deny that moral reasons morally (...) override nonmoral reasons, such that even the weakest moral reason trumps the strongest nonmoral reason in the determination of an act's moral status (e.g., morally permissible or impermissible). If this is right, then it seems that these theorists have their work cut out for them. It will not be enough for them to provide a criterion of Tightness that accommodates agent-centered options and supererogatory acts, for, in doing so, they incur a debt. As I will show, in accommodating agent-centered options, they commit themselves to the view that moral reasons are not morally overriding, and so they owe us an account of how both moral reasons and nonmoral reasons come together to determine an act's moral status. (shrink)
This essay rebuts Gary Seay's efforts to show that committing euthanasia need not conflict with a physician's professional duties. First, I try to show how his misunderstanding of the correlativity of rights and duties and his discussion of the foundation of moral rights undermine his case. Second, I show aspects of physicians' professional duties that clash with euthanasia, and that attempts to avoid this clash lead to absurdities. For professional duties are best understood as deriving from (...) professional virtues and the commitments and purposes with which the professional as such ought to act, and there is no plausible way in which her death can be seen as advancing the patient's medical welfare. Third, I argue against Prof. Seay's assumption that apparent conflicts among professional duties must be resolved through "balancing" and argue that, while the physician's duty to extend life is continuous with her duty to protect health, any duty to relieve pain is subordinate to these. Finally, I show that what is morally determinative here, as throughout the moral life, is the agent's intention and that Prof. Seay's implicitly preferred consequentialism threatens not only to distort moral thinking but would altogether undermine the medical (and any other) profession and its internal ethics. (shrink)
One of the principal aims of Kant’s Metaphysics of Morals, especially of the Doctrine of Virtue, is to present a taxonomy of our duties as human beings. The basic division of duties is between juridical duties and ethical duties, which determines the division of the Metaphysics of Morals into the Doctrine of Right and the Doctrine of Virtue. Juridical duties are duties that may be coercively enforced from outside the agent, as by the civil (...) or criminal laws, or other social pressures. Ethical duties must not be externally enforced (to do so violates the right of the person coerced). Instead, the subject herself, through her own reason and the feelings and motives arising a priori from her rational capacities -- the feelings of respect, conscience, moral feeling and love of other human beings, must constrain herself to follow them (MS 6:399-404).1 Among ethical duties, the fundamental division is between duties to oneself and duties to others. Within each of these two main divisions of ethical duty, there is a further division between duties that are strictly owed, requiring specific actions or omissions, and whose violation incurs moral blame, and duties that are wide or meritorious, the specific actions not strictly owed, but deserving of moral credit or merit. Kant treats these latter as ‘duties’ (eschewing any category such as ‘supererogation’) because the actions in question are conceived as fit objects of self-constraint – things we can make ourselves do through the exercise of reason and the moral feelings arising from the application of practical reason to our faculty of desire. Regarding duties to oneself, this division is between ‘perfect’ and ‘imperfect’ duty; regarding duties to others, the strict or narrow.. (shrink)
[Allen W. Wood] Kant's moral philosophy is grounded on the dignity of humanity as its sole fundamental value, and involves the claim that human beings are to be regarded as the ultimate end of nature. It might be thought that a theory of this kind would be incapable of grounding any conception of our relation to other living things or to the natural world which would value nonhuman creatures or respect humanity's natural environment. This paper criticizes Kant's argumentative strategy for (...) dealing with our duties in regard to animals, but defends both his theory and most of his conclusions on these topics. /// [Onora O'Neill] Kant's ethics, like others, has unavoidable anthropocentric starting points: only humans, or other 'rational natures', can hold obligations. Seemingly this should not make speciesist conclusions unavoidable: might not rational natures have obligations to the non-rational? However, Kant's argument for the unconditional value of rational natures cannot readily be extended to show that all non-human animals have unconditional value, or rights. Nevertheless Kant's speciesism is not thoroughgoing. He does not view non-rational animals as mere items for use. He allows for indirect duties 'with regard to' them which afford welfare but not rights, and can allow for indirect duties 'with regard to' abstract and dispersed aspects of nature, such as biodiversity, species and habitats. (shrink)
[Allen W. Wood] Kant's moral philosophy is grounded on the dignity of humanity as its sole fundamental value, and involves the claim that human beings are to be regarded as the ultimate end of nature. It might be thought that a theory of this kind would be incapable of grounding any conception of our relation to other living things or to the natural world which would value nonhuman creatures or respect humanity's natural environment. This paper criticizes Kant's argumentative strategy for (...) dealing with our duties in regard to animals, but defends both his theory and most of his conclusions on these topics. /// [Onora O'Neill] Kant's ethics, like others, has unavoidable anthropocentric starting points: only humans, or other 'rational natures', can hold obligations. Seemingly this should not make speciesist conclusions unavoidable: might not rational natures have obligations to the non-rational? However, Kant's argument for the unconditional value of rational natures cannot readily be extended to show that all non-human animals have unconditional value, or rights. Nevertheless Kant's speciesism is not thoroughgoing. He does not view non-rational animals as mere items for use. He allows for indirect duties 'with regard to' them which afford welfare but not rights, and can allow for indirect duties 'with regard to' abstract and dispersed aspects of nature, such as biodiversity, species and habitats. (shrink)
In ethics, it is commonly supposed that we have both positive duties and negative duties, things we ought to do and things we ought not to do. Given the many parallels between ethics and epistemology, we might suppose that the same is true in epistemology, and that we have both positive epistemic duties and negative epistemic duties. I argue that this is false; that is, that we have negative epistemic duties, but no positive ones. There (...) are things that we ought not to believe, but there is nothing that we ought to believe, on purely epistemic grounds. I also consider why the parallels between ethics and epistemology break down at this particular point, suggesting that it is due to what I call the infinite justificational ‘fecundity’ of perceptual and propositional evidence. (shrink)
In response to recent criticisms of traditional theories of political obligation, scholars have advanced moral reasons for complying with the law that focus on natural duties to assist other people who are in need. In discussions of political obligation, these ‘rescue principles’ are presented as alternatives to traditional principles. I argue that theories of political obligation based on rescue principles are not able to fulfill the role theorists assign them. If the underlying assumptions of rescue theories are uncovered, they (...) can be seen also to support more traditional obligations to obey the law. Accordingly, rather than serving as alternatives to traditional principles, rescue principles can only supplement them. Key Words: political obligation • rescue • Copp. (shrink)
The notion of an imperfect obligation or duty, which contemporary moral philosophy takes from Kantian ethics, affords a way of mitigating morality’s demands while recognizing moral obligation as “binding” or inescapable, in Kant’s terms: something an agent cannot get out of just by appealing to ends or priorities of her own. A perfect duty, as Kant puts it, allows no exception in the interest of inclination.1 It tells us precisely what we must do, with no option of putting it off (...) until some other occasion. By contrast, an imperfect duty leaves open crucial features of the required act. Understood in this way, as duties of indeterminate content, imperfect duties such as the charitable duty to aid those in need leave leeway for personal choice. We get to choose whom to aid and when and how much. We may be obligated to meet a certain threshold, but we will be exceeding what is required of us if we go beyond that. Imperfect duties therefore allow us authority to shape our own lives, balancing concern for others with our own particular projects and concerns. But imperfect duties interest me, in the first instance, in connection with practical reasons. The term “practical” here just means “having to do with action.” Reasons are understood as facts, not as mental states, and practical reasons are facts that count for or against action, in contrast to theoretical reasons, which concern belief. Similarly, “practical rationality” entails action in accordance with one’s overall structure of practical reasons, as distinct from believing what one has reason to believe. The term “practical rationality” can be used for a property of agents, in which case it implies awareness of the relevant reasons, but it also sometimes refers to a system of norms for assessing action in light of reasons, analogous to morality but also including logical and instrumental considerations. On this latter.. (shrink)
A better appreciation of Kant’s commitments in a variety of disciplines reveals Kant had a deeper understanding of human and non-human animals than generally recognized, and this sheds new light on Kant’s claims about the nature and scope of moral status and helps to address, at least from Kant’s perspective, many of the familiar objections to his notorious account of “duties regarding animals.” Kant’s core principles about the nature of moral obligation structure his thoughts about the moral status of (...) human beings and non-human animals. Kant’s commitments in biology, psychology, anthropology and physical geography support his account of the nature of and distinction between humans and non-human animals. This account supports Kant’s judgment that we have duties to every human being and significant duties regarding non-human animals, duties which involve direct concern for animals because of their nature. A comparison of Kant’s account with some recently proposed Kantian alternatives provides additional perspective on some of the distinctive features, and strengths and weaknesses, of Kant’s approach. (shrink)
This paper provides an introductory discussion of questions about three moral duties in the context of global poverty: the duty to aid; the duty not to harm; and the duty to promote just global institutions.
Three types of concern for animal welfare are widelyheld: Animals should feel well, they should function well, andthey should lead natural lives. The paper deals with a well-knownanswer to the question of why such concerns are morallyappropriate: Human beings have direct duties towards animals,because animals are beings that can flourish, the flourishing ofanimals is intrinsically or inherently valuable, and that whichis conducive to their flourishing is a legitimate object of moralconcern. Looking for a tenable conception of direct dutiestowards animals, (...) the following questions are discussed: Whatshould we take it to mean that ``animal flourishing isintrinsically or inherently valuable?'''' Under what conditions doesa living being''s ability to flourish create direct duties towardsthis being? Is awareness or sentience required for there to bedirect duties towards a living being? Does such a requirementimply that moral concerns for animals would be limited to theirfeeling well, or does it also give way to having moral concernsfor their functioning well and leading natural lives? Can onetake into account considered judgements that claim that towardsdifferent animals we have moral duties that differ in kind and/orstrength? If environmental ethics cannot be based on theconception of direct duties here discussed, should one draw adistinction between duties towards ourselves, our fellow humanbeings, or animals, and duties regarding plants, or collectiveentities such as populations, species, and ecosystems? (shrink)
Sir David Ross introduced prima facie duties, or acts with a tendency to be duties proper. He also spoke of general prima facie principles, wwhich attribute to acts having some feature the tendency to be a duty proper. Like Utilitarians from Mill to Hare, he saw a role for such principles in the epistemology of duty: in the process by means of which, in any given situation, a moral code can help us to find out what we ought (...) to do.After formalizing general prima facie principles as universally quantified conditionals I will show how seeming duties can be detached from them. There will be examples involving lies, burnt offerings and the question of whether to have a napkin on your lap while eating asparagus. They will illustrate the defeasibility of this detachment, how it can lead into dilemmas, and how general prima facie principles are overridden by more specific ones. (shrink)
There is a class of views about our moral relations with non-human animals that share the idea that animals do not matter directly for ethical purposes: whatever duties or obligations we have with respect to animals are indirect, connected somehow to other duties or obligations – to other human beings, for example – in which the well-being or interests of animals do not figure. Criticisms of indirect duty theories have often focused either upon denying the link that is (...) supposed to exist between how we treat animals and how or whether we discharge other obligations or upon denying that the indirect duty theorist has an adequate account of the animal-related duties we are confident that we have. I shall not pursue either of these options. Instead, I shall argue, first, that there is a tension within the indirect duty theorist’s view that makes it doubtful that anything will enable him to get what he wants from a theory, and second, that even if the necessary link between the way animals and humans are treated is assumed to be present, it will turn out that its best explanation will imply that there are direct duties to animals after all. (shrink)
Discussions of where the costs of climate change adaptation and mitigation should fall often focus on the 'polluter pays principle' or the 'ability to pay principle'. Simon Caney has recently defended a 'hybrid view', which includes versions of both of these principles. This article argues that Caney's view succeeds in overcoming several shortfalls of both principles, but is nevertheless subject to three important objections: first, it does not distinguish between those emissions which are hard to avoid and those which are (...) easy to avoid; second, its only partial reference to all-things-considered justice means it cannot provide a full account even of climate justice; and third, it assigns to the poor very limited duties to meet climate change costs, even where they have created those costs, which may incentivise them to increase emissions. An alternative pluralistic account which avoids these objections is presented. (shrink)
This paper defends the claim that collective responsibility can be based on group membership. It argues that collective responsibility is best understood in terms of duties to respond to the victims of collective crimes. Reasonable fear on the part of the victimized groups creates duties to respond for members of the perpetrating group. This account does a better job of capturing our intuitions about actual cases and the phenomenology of collective responsibility than other accounts currently on offer. It (...) also offers us a justification of collective responsibility judgments that is compatible with the separateness of persons. (shrink)
Do duties to outsiders entail open borders? A reply to Wellman Content Type Journal Article Pages 1-10 DOI 10.1007/s11098-012-9902-y Authors Shelley Wilcox, San Francisco State University, San Francisco, USA Journal Philosophical Studies Online ISSN 1573-0883 Print ISSN 0031-8116.
This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these (...) class='Hi'>duties — indeed, that it gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots. (shrink)
A defence of the idea that there are sui generis duties of love: duties, that is, that we owe to people in virtue of standing in loving relationships with them. I contrast this non-reductionist position with the widespread reductionist view that our duties to those we love all derive from more generic moral principles. The paper mounts a cumulative argument in favour of the non-reductionist position, adducing a variety of considerations that together speak strongly in favour of (...) adopting it. The concluding section connects this debate with larger issues in moral theory concerning the general idea of obligation. (shrink)
Organizational citizenship behavior (OCB) has been widely recognized as a contributor to improving organizational performance and wealth creation. The purpose of this article is to briefly summarize the motives of many employees who exercise OCB and to identify the ethical duties owed by organizational leaders to the highly committed employees with whom they work. After reviewing the nature of OCB and the psychological contracts made with highly committed employees, we then use Hosmer’s framework of ten ethical perspectives to identify (...) how OCB is viewed from each of those ethical viewpoints. We offer six propositions about OCB that relate to building employee commitment and trust. (shrink)
This paper outlines the moral contours of human relationships with companion animals. The paper details three sources of duties to and regarding companion animals: (1) from the animal’s status as property, (2) from the animal’s position in relationships of care, love, and dependency, and (3) from the animal’s status as a sentient being with a good of its own. These three sources of duties supplement one another and not only differentiate relationships with companion animals from wild animals and (...) other categories of domestic animals such as livestock, but they also overlap to provide moral agents with additional reasons for preventing and avoiding harm to companion animals. The paper concludes that not only do owners and bystanders have direct and indirect duties to protect companion animals from harm, but also that these duties have the potential, in some circumstances, to clash with duties owed to the state and fellow citizens. (shrink)
I do not answer my title’s question in this paper. Instead, my aims are first to show that the question is worth asking, secondly to show that its answer will not be trivial, and thirdly to show that it is unclear what the answer is. From these three conclusions it follows that many contemporary Hohfeldian approaches to the conceptual analysis of rights (including those of Sumner, Jones, Kramer, Wenar and myself)1, while potentially capable of extensional accuracy, overlook an essential but (...) unidentified feature of rights: the feature which explains why duties are not rights. The paper challenges theorists to investigate what this feature is. (shrink)
In this article I describe the theoretical underpinnings of 20th-century British philosopher W. D. Ross's approach to linking deontological and teleological decision making. I attempt to fill in what Ross left on the whole unanswered, that is, how to use his duties to resolve dilemmas. A case study in journalism demonstrates how to apply the theory. I conclude with an analysis of what I take to be the strengths and weaknesses in Ross's theory.
One objection that has been consistently raised for theorists who are committed to the idea that we have a positive duty to aid the global poor is the overdemandingness objection. This article is a critical discussion of this objection. First, the objection is laid out in some detail. A number of influential attempts to meet the overdemandingness objection are then discussed, and it is argued that they all fail in their intended purpose. The conclusion of the article is not that (...) the overdemandingness objection cannot be met. Rather, the conclusion is that the overdemandingness objection constitutes a serious challenge to anyone who accepts the objection and goes beyond the standard libertarian doctrine and commits herself to the existence of positive duties to aid the global poor. (shrink)
The paper defends the thesis that our epistemic duty is the duty to proportion our beliefs to the evidence we possess. An inclusive view of evidence possessed is put forward on the grounds that it makes sense of our intuitions about when it is right to say that a person ought to believe some proposition P. A second thesis is that we have no epistemic duty to adopt any particular doxastic attitudes. The apparent tension between the two theses is resolved (...) by applying the concept of duty to belief indirectly. (shrink)
Nonprofit organizations play a crucial role in society. Unfortunately, many such organizations are chronically underfunded and struggle to meet their objectives. These facts have significant implications for corporate philanthropy and Kant’s notion of imperfect duties. Under the concept of imperfect duties, businesses would have wide discretion regarding which charities receive donations, how much money to give, and when such donations take place. A perceived problem with imperfect duties is that they can lead to moral laxity; that is, (...) a failure on the part of businesses to fulfill their financial obligations to nonprofit organizations. This article argues the problem of moral laxity rests on a misinterpretation of Kantian ethics and, therefore, is really not a problem at all. As such, we argue corporate philanthropy while an imperfect duty should be interpreted more akin to perfect duties and, as a consequence, moral laxity does not arise for those corporations committed to acting on the basis of the moral law. More specifically, firms have duty-based obligations on the basis of benevolence, and as good corporate citizens, to help fund non-profit organizations. (shrink)
Why is it that most among the relatively few moral philosophers since Kant who, like J. S. Mill, have discussed the question whether there can be moral duties to oneself, have answered it negatively? One reason is that those philosophers have supposed that all moral action must be, inter alia, social; and they may have thought so because of their commitment to what is here called a 'corporationist' moral view. But such a conception of morality as social is objectionable (...) because it does not square with ordinary opinion and because it introduces an artificial division between types of action which go together in real life. (shrink)
Kant both says that we should recognize our duties as God’s commands, and objects to the theological version of heteronomy, ‘which derives morality from a divine and supremely perfect will’. In this paper I discuss how these two views fit together, and in the process I develop a notion of autonomous submission to divine moral authority. I oppose the ‘constitutive’ view of autonomy proposed by J. B. Schneewind and Christine Korsgaard. I locate Kant’s objection to theological heteronomy against the (...) background of Crusius’s divine command theory, and I compare Kant’s views about divine authority and human political authority. (shrink)
The influential account of contractualist moral theory offered recently by T. M. Scanlon in What We Owe to Each Other is not intended to account for all the various moral commitments that people have; it covers only a narrow—though important—range of properly moral concerns and claims. Scanlon focuses on what he calls the morality of right and wrong or, as he puts it in his title, what we owe to each other. The question arises as to whether nonhuman animals can (...) be wronged in the narrow sense of a moral wrong with which contractualism is concerned. Can we owe things to nonhuman animals? Scanlon is sensitive to the importance of this question, but he ultimately favors an account in which the perspectives of nonhuman animals are not explicitly included in contractualist theorizing. Nevertheless, it appears that contractualism, largely as Scanlon conceives it, can accommodate duties to nonhuman animals. Moreover, if contractualism cannot make this accommodation, then its status as a theory that answers to important common-sense moral intuitions becomes questionable in ways that extend beyond its failure to live up to intuitions many share about the status of nonhuman animals. (shrink)
I formulate and defend a theory of special procreative duties in the context of a liberal egalitarian theory of justice. I argue that (1) the only special duty that procreators owe their offspring is that of ensuring that their life prospects are non-negative (worth living), and (2) the only special duty that procreators owe others is that of ensuring that they are not disadvantaged by the procreators’ offspring (a) violating their rights or (b) adversely affecting their equality rights and (...)duties. (shrink)
Many feminist philosophers have been highly critical of Kant’s ethics, either because of his rationalism or because of particular claims he makes about women in his writings on anthropology and political philosophy. In this paper, I call attention to the aspects of Kant’s ethical theory that make it attractive from a feminist standpoint. Kant’s duties to oneself are rich resource for feminism. These duties require women to act in ways that show respect for themselves as rational human agents (...) by, e.g., avoiding servility, self-deception, self-mutilation, and sexual self-degradation, and cultivating their natural talents (as well as their virtue). Duties to others demand that other people treat women respectfully by requiring that they avoid mocking, degrading, or acting arrogantly toward others. Indeed, even when one sets out to promote others’ happiness, Kant’s ethics requires that one not act paternalistically. Kant’s ethics insists that every rational agent recognize the equality and dignity of all rational agents. Thus, it pushes women to respect themselves and to demand respect from others; and it pushes men to respect women as a basic moral requirement. (shrink)
Like the ownership of physical property, the issues computer software ownership raises can be understood as concerns over how various rights and duties over software are shared between owners and users. The powers of software owners are defined in software licenses, the legal agreements defining what users can and cannot do with a particular program. To help clarify how these licenses permit and restrict users’ actions, here I present a conceptual framework of software rights and duties that is (...) inspired by the terms of various proprietary, open source, and free software licenses. To clarify the relationships defined by these rights and duties, this framework distinguishes between software creators (the original developer), custodians (those who can control its use), and users (those who utilise the software). I define the various rights and duties that can be shared between these parties and how these rights and duties relate to each other. I conclude with a brief example of how this framework can be used by defining the concepts of free software and copyleft in terms of rights and duties. (shrink)
Richard A. Watson’s proposal that rights inhere only in those who can perform duties is here objected to as being too intellectualistic. Instead, it is suggested that rights inhere in all those who participate in the process of becoming, as A. N. Whitehead proposed half a century ago. Ecological science lends new support to this view.
The preservationist duties that conservationists would lay upon landowners to protect the natural environment obviously interfere with what those people do with their land. That is often taken to be an equally obvious ? albeit possibly justifiable ? violation of their rights in that property. But to say that, as landowners often do, would be to imply that property rights somehow embrace a ?right to destroy?. Closer inspection suggests that they do not. That would be a further right, additional (...) to and independent of all the component rights standardly associated with the right to private property. A right to destroy is implicit neither in the concept nor in the justifications of property rights, as they are standardly conceived. Conservationist policies cannot, therefore, properly be opposed on the grounds that they would necessarily violate people's property rights. (shrink)
To compose a Christian book on exemplary Christian living, Ambrose appropriates and criticizes Cicero's book on "duties," "De officiis." In many passages within the moral part of his "Summa of Theology," Thomas Aquinas incorporates quotations from both Cicero and Ambrose. Comparison of the three texts raises issues about the relation of genres to terms, arguments, rules, and ideals in religious teaching. Genre becomes a useful category for analyzing religious rhetoric only when it is conceived as a set of persuasive (...) or pedagogical relations below a text's surface disposition. (shrink)
Individuals who demonstrate organizational citizenship behavior (OCB) contribute to their organization’s ability to create wealth, but they also owe their organizations a complex set of ethical duties. Although, the academic literature has begun to address the ethical duties owed by organizational leaders to organizational citizens, very little has been written about the duties owed by those who practice OCB to their organizations. In this article, we identify an array of ethical duties owed by those who engage (...) in extra-role behavior and describe those duties in context with personality theory. We suggest that employees who understand the complex nature of OCB and the associated duties they owe to others are more likely to reach their potential and make greater contributions within their organizations. (shrink)
Gyekye argues for the moral supremacy of certain duties. The individual is, as a natural member of the cultural community, morally obligated to respect community values; co-operate with fellow community members, be sensitive to the economic plight of others and morally expected to respect the elderly. Though Gyekye recognizes the moral need to respect certain individual rights, in the case of a moral clash between those rights and the values cherished by the community, the latter must be upheld. I (...) wish to critically examine the arguments in support of this position. Contrary to Gyekye's view, I argue that the natural interpersonal bond among members of the same cultural community does not strongly support some of the duties mentioned. However, I am not arguing that the individual person is not morally obligated to the cultural community at all. I argue that natural membership of the cultural community could be a necessary condition for the justification of certain duties; it is not, morally, a sufficient condition. (shrink)
To the degree that citizens have participated in, or derived benefits from, social in- stitutions that have helped cause serious, life-threatening, or rights-threatening envi- ronmental injustice (EIJ), this article argues that they have duties either to stop their participation in these institutions or to compensate for it by helping to reform them. (EIJ occurs whenever children, poor people, minorities, or other subgroups bear dis- proportionate burdens of life-threatening or seriously harmful pollution.) After briefly defining “human rights,” the article defends (...) the four-premise responsibility argument. The argument is that people have duties to compensate for the serious, life-threatening, or rights-threatening EIJ from which they benefit, and that this compensation ideally ought to take the form of helping to reform social institutions that help cause EIJ. As such, this responsibility argument relies on two basic claims. One claim is that because citizens have benefited from, and therefore contributed to, EIJ they bear ethical respon- sibility to help stop it. The second claim is that because citizens participate in nations and institutions whose policies and practices help cause EIJ, they also have democratic responsibility to help stop it. The article closes by responding to four basic objections to this argument. (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)
This paper develops and explores the idea of moral entanglements: the ways in which, through innocent transactions with others, we can unintendedly accrue special obligations to them. More particularly, the paper explains intimacy-based moral entanglements, to which we become liable by accepting another's waiver of privacy rights. Sometimes, having entered into others' private affairs for innocent or even helpful reasons, one discovers needs of theirs that then become the focus of special duties of care. The general duty to warn (...) them of their need cannot directly account for the full extent of these duties, but does indicate why a silent retreat is impermissible. The special duties of care importantly rest on a transfer of responsibilities that accompanies the privacy waivers. The result is a special obligation of beneficence that, while grounded in a voluntary transaction, was never voluntarily undertaken. Impartialist views of beneficence cannot capture the relevant phenomena well. (shrink)
In latter-day discussions on corporate morality, duties of commission are fiercely debated. Moral institutionalists argue that duties of commission—such as a duty of assistance—overstep the boundaries of moral duty owed by economic agents. “Moral institutionalism” is a newly coined term for a familiar position on market morality. It maintains that market morality ought to be restricted, excluding all duties of commission. Neo-Classical thinkers such as Baumol and Homann defend it most eloquently. They underpin their position with concerns (...) that go to the core of liberalism—the dominant western political theory that sustains the ideals of both the free market and the free, rational person. Those authors claim that liberalism calls for a fully differentiated market because it resents the politicization of the market. Fully differentiated markets exclude duties of commission. They also claim that full differentiation of the market closes the troublesome gap between moral motivation and moral virtue. Full differentiation redeems the promise of “easy virtue”. In this paper moral institutionalism will be rejected from a Kantian point of view, mostly inspired by Herman’s thesis on the invisibility of morality. Liberalism may perhaps ban the politicization of the market; it does not forbid its moralization. The idea of a fully differentiated market must also be rejected because it is either morally over-demanding (to the morally autonomous person) or morally hazardous (to the person with failing moral motivation). Contrary to what the moral institutionalists claim, right action, morally, is actually quite difficult in fully differentiated markets. (shrink)
The claim that managers have a fiduciary duty to shareholders to run the corporation in their interests is generally supported by two arguments: that shareholders are owners of a corporation and that they have a contract or agency relation with management. The latter argument is used by Kenneth E. Goodpaster, who rejects a multi-fiduciary, stakeholder approach on the grounds that the shareholder-management relation is “ethically different” because of its fiduciary character. Both of these arguments provide an inadequate basis for the (...) fiduciary duties of officers and directors of corporations. The basis is to be found, rather, in considerations of public policy, a point that was established in the Dodd-Berle exchange of the 1930s. This conclusion also shows the inadequacy of Goodpaster’s solution to the so-called stakeholder paradox, and an alternative solution to the paradox is presented. (shrink)
This paper argues that patients' duties are derivable from the idea which typically grounds the idea of patients' rights: patient autonomy. The autonomous patient, joined in partnership with the health care professional, has self-regarding obligations and obligations to others, including health care professionals. Patients' duties include, but are not limited to: a duty to be honest about why the patient seeks care; a duty to collect information on available treatments and likely side-effects; a duty for a patient who (...) has an infectious condition to act on that information which can best prevent further transmission. Keywords: autonomy, duty, paternalism, patient, rights, self-care CiteULike Connotea Del.icio.us What's this? (shrink)
Taiwan has a population of 23 million, of which some 500,000 are Aborigines. Recent conflicts over a national biobank as part of Taiwan's biotechnological industrial development, genetic research on Aboriginal origins, and commercialization of research findings involving Aborigines have raised a number of important ethical conflicts. These ethical conflicts involve on one hand, the importance of researchers' duties, and on the other hand, Aboriginal rights. This paper will go in three steps. First, this paper describes the three cases of (...) ethical violations of Aboriginal rights committed by Taiwanese researchers in the course of their scientific duties. After having given an account of ethical conflicts between research duties and Aboriginal rights, the paper addresses larger ethical issues underlying this Taiwanese research context. Finally, the paper considers if stronger ethical regulation could reconcile Aboriginal rights and research duties. (shrink)
This article examines issues relating to ethics decision-making in clinical trials. The overriding concern is to ensure that the well being and the interests of human subjects are adequately safeguarded. In this respect, this article will embark on a critical analysis of the ICH-GCP Guideline. The purpose of such an undertaking is to highlight areas of concern and the shortcomings of the existing ICH-GCP Guideline. Particular emphasis is made on how ethics committees perform their duties and responsibilities in (...) line with the principles outlined in the ICH-GCP Guideline. This article will draw attention to the need for a new approach to addressing the weaknesses of the ICH-GCP Guideline in its present form. (shrink)
"What do grown children owe their parents?" Over two decades ago philosopher Jane English asked this question and came up with the startling answer: nothing (English 1979). English joins many contemporary philosophers in rejecting the once-traditional view that grown children owe their parents some kind of fitting repayment for past services rendered. The problem with the traditional view, as argued by many, is, first, that parents have duties to provide fairly significant services to their growing children, and persons do (...) not owe repayment for others' mere performance of duty; second, even where parents go above and beyond duty in their loving and generous rearing of their children, the benefits are bestowed, at least on young children, without their voluntary acceptance and consent, and so, again, fail to generate any obligation of subsequent repayment on their part (see Blustein 1982: 182-3). Moreover, the entire idiom of obligation and repayment, in English's 1 words, "tends to obscure, or even to undermine, the love that is the correct ground of filial obligation" (352). English's alternative, however -- that children strictly "owe" their parents nothing except what flows naturally from whatever love and affection exist between them -- also strikes many as problematic. Christina Hoff Sommers offers examples of what seem to be clearly delinquent adult children, who simply don't "feel" like sharing their lives with their aging parents, or providing any emotional or financial support to them, and so don't (Sommers 1986: 440-41). Sommers points out that we need some talk of obligations in order to fill in the cracks in human relationships where love and affection fail: "The ideal relationship cannot be 'duty-free,' if only because sentimental ties may come unraveled, often leaving one of the parties at a material disadvantage'" (450-51). Sommers proposes as her alternative to English that legitimate duties arise out of special relationships defined by social roles: being a father or mother, a son or a daughter, "is socially as well as biologically prescriptive; it not only defines what one is; it also defines who one is and what one owes" (447).. (shrink)
Genetic and other biotechnologies are starting to impact significantly upon society and individuals within it. Rose and Novas draw on an analysis of many patient groups to sketch out the broad notion of biocitizenship as a device for describing how the empowered and informed individual, group or network can engage with bioscience. In this paper, we examine critically the notion of biocitizenship, drawing on both sociological fieldwork that grounds the debate in the views of a large and varied group of (...) concerned actors. Using work within green politics, we identify shortcomings in the concept of biocitizenship as it has so far been explicated. The value assumptions lying behind an account of biocitizenship, and its tendency to see issues through a reductive lens, are examined. Alternative views of values and goals, which may undermine any alleged rights and duties, are explored using interviews and other ethnographic data that illustrates the complexity of the terrain. The reductive lens of biocitizenship is explored through contrast with the wider scope of concerns emanating from various sources, including many within green politics. If such complexities are not recognised, there is a danger that a concept of biocitizenship may serve to create and amplify inequalities. Problems with identity issues are key: the construction of identity is complex and many groups are explicitly rejecting the ‘biological’ label. We discuss the multiple relations of citizens with the biotech and pharmaceutical industries. Arguably, existing inequalities in power relationships, exploitation, commodification and ownership patterns are being perpetuated in novel ways through the new biosciences. We pose the question of whether it is possible to construct a concept of biocitizenship that overcomes these problems. (shrink)
Kristin Shrader-Frechette: Taking Action, Saving Lives: Our Duties to Protect Environmental and Public Health Content Type Journal Article Pages 1-4 DOI 10.1007/s11948-011-9267-1 Authors Matthew Benjamin Reisman, Environmental Studies, The University of Colorado at Boulder, Boulder, USA Journal Science and Engineering Ethics Online ISSN 1471-5546 Print ISSN 1353-3452.
This paper studies long-term norms concerning actions. In Meyer's Propositional Deontic Logic (PDₑL), only immediate duties can be expressed, however, often one has duties of longer durations such as: "Never do that", or "Do this someday". In this paper, we will investigate how to amend (PDₑL) so that such long-term duties can be expressed. This leads to the interesting and suprising consequence that the long-term prohibition and obligation are not interdefinable in our semantics, while there is a (...) duality between these two notions. As a consequence, we have provided a new analysis of the long-term obligation by introducing a new atomic proposition I (indebtedness) to represent the condition that an agent has some unfulfilled obligation. (shrink)
While it is commonly accepted that corporations have negative duties to respect human rights, the question of whether rights also imply positive duties for corporations is contentious. The recent reports of the United Nations special representative on business and human rights contend that corporations do not have positive duties, but the arguments this is based on are flawed from an ethical point of view. In particular, the reports fail to consider the implications of interactions between corporations and (...) states. For rights to be secured, corporations may face duties to use their power to pressure governments into performing their assigned duties, and duties not to undermine the role of the government. The interaction of corporations and governments also has implications for choosing effective instruments to advance human rights. International initiatives that do not take this interaction into account will be ineffective or, at worst, counterproductive. (shrink)
The shift from a welfarist to a retributivist perspective on crime, which is one of the themes of David Garland?s book, has brought with it a renewed emphasis on the victims of crime and their rights. This shift in emphasis, I suggest, raises questions about the way we think of the relationship between individual citizens and between citizens and the state. Different political theories will produce different accounts of this relationship and hence different ways of characterising the status and role (...) of victims in the criminal process. In this paper then I sketch a roughly communitarian view of the citizen relationship as a context for an account of the status of victims. Thus, I argue, we need to consider not just the expectations that victims rightly have that they have rights which should to be recognised in the criminal process but also their duties as participants. Duties which require them to bear witness in calling offenders to account. This gives victims an active role in the criminal process but one that may come at a price since it might require victims to be subjected to greater scrutiny in the process of a criminal trial than they might find bearable. (shrink)
How should we understand the duties between those who share in parenting a child? Those who engage in shared parenting have duties to each other derived from the child's interests, but they also have additional duties to each other as sharers in parenting. The intentional account of duties between parents appears unable to explain the stringency of duties of shared parenting, as it seems to permit a parent to relinquish unilaterally their duties of shared (...) parenting. Drawing on the work of Bratman, Alonso, and Scanlon, I develop a shared intention account of duties of shared parenting. Duties of shared parenting are constituted by the distinctive combination of the value of reliance in shared intentions, the importance of assurance in agreements, the significance of autonomy is deciding one's goals, and the entitlement to choose with whom one shares the intimacy of parenting. On this view, duties of shared parenting are shown to be stringent, but not duties of strict performance. Thus, I argue that the intentional account of parental duties is able to explain the stringency of duties of shared parenting. (shrink)
This paper offers a partial critique of one of the central lines of argument in Victor Tadros’ The Ends of Harm: his attempt to show that a system of deterrent punishment can avoid the objection that it treats those who are punished ‘merely as means’ to our goals, by arguing that we may legitimately use someone as a means if in doing so we are simply forcing her to do what she anyway had an enforceable duty to do. I raise (...) some questions about the idea of forcing someone to do what she has a duty to do; about what duties a wrongdoer incurs towards his victim, and how they may be enforced; and about whether we can move from such duties to a justification of criminal punishment as a deterrent. (shrink)
I do not answer my title’s question in this paper. Instead, my aims are first to show that the question is worth asking, secondly to show that its answer will not be trivial, and thirdly to show that it is unclear what the answer is. From these three conclusions it follows that many contemporary Hohfeldian approaches to the conceptual analysis of rights (including those of Sumner, Jones, Kramer, Wenar and myself)1, while potentially capable of extensional accuracy, overlook an essential but (...) unidentified feature of rights: the feature which explains why duties are not rights. The paper challenges theorists to investigate what this feature is. (shrink)
In Australia, since 2004, there has been a move to expand the range of models for legal practice. Lawyers may now incorporate a legal practice, which may have non-legal directors and shareholders. They may also enter into a partnership with a range of non-legal professional partners. This change is happening at the same time that legal practice culture is moving from a professional service model to a business-oriented model. Increased pressures have been thrown into the mix by the global financial (...) crisis and the downturn in the legal market. Inevitably, these changes have created new conflict problems. When a lawyer is responsible to both clients and shareholders, how can that conflict be resolved? What are the roles of non-legal directors or partners? What if they have ethical or legal duties which conflict with a lawyer?s duty to a client? When a corporate legal business is listed on the stock exchange, what pressure may that bring to bear on the business model of the legal practice? How can all of these issues be resolved in grim financial times? The author will examine all of these issues in light of Australian and international experiences with new lawyering patterns and the global financial crisis. (shrink)
Judith Jarvis Thomson recently argued that it is impermissible for a bystander to turn a runaway trolley from five onto one. But she also argues that a trolley driver is required to do just that. We believe that her argument is flawed in three important ways. She fails to give proper weight to (a) an agent¹s claims not to be required to act in ways he does not want to, (b) impartiality in the weighing of competing patient-claims, and (c) the (...) role of patient-claims in determining agent-duties. All three of these failures can be understood in terms of what we call the Mechanics of Claims, an approach we develop for identifying and balancing competing claims in determining rights. Using that framework, one can see both why Thomson's most recent argument is mistaken, and how to think more clearly about deontological choices generally. (shrink)
The value of autonomy is generally stated to be of prime importance in relation to health care. Arising out of this, rights of the patient to and in health care have been extensively discussed and stated, and have found expression in law. There have been minimal statements of the rights of others involved in health care, such as caregivers, and minimal discussion of duties and responsibilities in relation to rights claimed and conferred. The author suggests that no claim to (...) rights in health care should now be accepted without consideration of related duties and responsibilities. (shrink)
The non-identity problem arises when an intervention or behavior changes the identity of those affected. Delaying pregnancy is an example of such a behavior. The problem is whether and in what ways such changes in identity affect moral considerations. While a great deal has been written about the non-identity problem, relatively little has been written about the implications for physicians and how they should understand their duties. We argue that the non-identity problem can make a crucial moral difference in (...) some circumstances, and that it has some interesting implications for when it is or is not right for a physician to refuse to accede to a patient's request. If a physician is asked to provide an intervention (identity preserving) that makes a person worse off, then such harm provides a good reason for the physician to refuse to provide the intervention. However, in cases where different (identity-altering) interventions result in different people having a better or worse life, physicians should normally respect patient choice. (shrink)
The procurement of fetal tissue for transplantation may promise great benefit to those suffering from various pathologies, e.g., neural disorders, diabetes, renal problems, and radiation sickness. However, debates about the use of fetal tissue have proceeded without much attention to ethical theory and application. Two broad moral questions are addressed here, the first formal, the second substantive: Is there a framework from other moral paradigms to assist in ethical debates about the transplantation of fetal tissue? Does the use of fetal (...) tissue entail cooperation in abortion? To answer these questions I develop a theoretical framework by combining the paradigm of just-war reasoning with canons governing the use of cadaverous tissue. The kinds of safeguards provided by this paradigm allow fetal tissue to be procured without the taint of association with abortion. Central to solving the problem of cooperation is the distinction between intending and foreseeing a moral misdeed. Fetal researchers may foresee fetal death in elective abortions without intending such deaths to occur. Thus, even those who object unequivocally to elective abortion may condone the procurement of fetal tissue, if sufficient reason exists. Keywords: fetal tissue, casuistry, prima facie duties, just-war tenets, complicity CiteULike Connotea Del.icio.us What's this? (shrink)
Sale of Sperm, Health Records, Minimally Conscious States, and Duties of Candour Content Type Journal Article Category Recent Developments Pages 7-14 DOI 10.1007/s11673-011-9347-6 Authors Cameron Stewart, Centre for Health Governance, Law and Ethics, Sydney Law School, University of Sydney, Sydney, NSW, Australia 2006 Bernadette Richards, Law School, University of Adelaide, Adelaide, SA, Australia 5005 Richard Huxtable, Centre for Ethics in Medicine, University of Bristol, Bristol, BS8 1TH UK Bill Madden, School of Law, University of Western Sydney, Sydney, NSW, Australia (...) Tina Cockburn, School of Law, Queensland University of Technology, Brisbane, QLD, Australia Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 9 Journal Issue Volume 9, Number 1. (shrink)
I address the usefulness of thinking about a human right to subsistence within conceptions of human rights grounded in ordinary moral reasoning. I argue that that natural rights should be understood as rights in rem, with their dynamism constrained by the requirements of justification and their scope constrained by the distinction between perfect and imperfect duty. I then suggest that many of the most pressing demands which the moral significance of subsistence needs create are plausibly imperfect duties, and so (...) cannot correlate to a natural right to subsistence. This restricts the helpfulness of a human right to subsistence in our reasoning about what we owe to others. (shrink)
Officials must understand why and how the public lost confidence in the federal government’s ability to manage financial turmoil. Officials outsourced to private parties responsibility for monitoring and policing the safety-net exposures that were bound to be generated by weaknesses in the securitization process. When the adverse consequences of this imprudent arrangement first emerged, officials claimed for months that the difficulties that short-funded, highly leveraged firms were facing in rolling over debt reflected only a shortage of aggregate liquidity and not (...) individual-firm shortages of economic capital. Then, in September 2008, the president and other officials created an unwise sense of urgency that delays in implementation show to have been greatly exaggerated.That authorities and financiers violated common-law duties of loyalty, competence, and care they owe to taxpayers indicates a massive incentive breakdown in industry and government. Taxpayers deserve a thorough-going reorientation of: (1) how regulatory agencies report on their regulatory performance and back-room interactions with Congress and the Treasury, and (2) the contract structures and performance measures used by the financial industry and its government overseers. (shrink)
Children around the world suffer from poor health outcomes due to a lack of basic health and dental care, even in affluent countries. Yet duties exist to provide children these services when a society can afford to do so based on the importance of promoting (a) social utility, (b) autonomy and equality of opportunity, (c) children's well-being or best interest due to their vulnerability, and (d) compassion, sympathy, empathy and solidarity. In addition, (e) these considerations show that, in general, (...) if competent adults should have access to federal- or state-funded health care goods, services, or benefits, then so should children. This argument has limitations; nonetheless, it can help identify systematic biases against children in federal- or state-supported health care programs and gain children access to better basic health and dental care. (shrink)
Ethical problems in business include not only genuine moral dilemmas and compliance problems but also problems arising from the distinctive characteristics of imperfect duties. Collective action by business to perfect imperfect duties can yield significant benefits. Sucharrrangements can (1) reduce temptations to moral laxity, (2) achieve greater efficiency by eliminating redundancies and gaps that plague uncoordinated individual efforts, (3) reap economies of scale and achieve success where benefits can be provided only if a certain threshold of resources can (...) be brought to bear on a social problem; (4) solve assurance problems where voluntary compliance by some parties depends upon their perception that competitors are doing their fair share, and (5) produce higher levels of contribution than would occur through independent action in response to imperfect duties, stimulated by the perception that there is a fair distribution of burdens of contribution among all parties involved. (shrink)
A primary fiduciary bond, rarely examined, is that of neighbor. I distinguish this bond from others that may overlap it, those of fellow citizen or compatriot. I argue that the nature of moral identity and the nature of moral formation require moral agents to acknowledge the fiduciary duties of neighbor.
Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts as a (...) reasonable burden for any of the available agents to secure subsistence. No justifiable principle exists implying generalised perfect duties any agent could clearly follow or clearly breach that secure subsistence conditions for others. At best we can justify rescue duties under very specific conditions, or general but imperfect duties to improve arrangements. Neither of these obviously correlates with human rights standards. Attempts in the literature to overcome the dilemma by claiming basic rights can correlate with imperfect duties or can generate duties to work towards institutions that ‘perfect’ our imperfect duties, are faulty. I then show how the dilemma can be avoided by accounts of human rights focusing on minimum respectful treatment rather than goods or interests. (shrink)
In this innovative book, Toni Erskine offers a challenging and original normative approach to some of the most pressing practical concerns in world politics - including the contested nature of the prohibitions against torture and the targeting of civilians in the 'war on terror'. -/- Erskine's vision of 'embedded cosmopolitanism' responds to the charge that conventional cosmopolitan arguments neglect the profound importance of community and culture, particularity and passion. Bringing together insights from communitarian and feminist political thought, she defends the (...) idea that community membership is morally constitutive - while arguing that the communities that define us are not necessarily territorially bounded and that a moral perspective situated in them need not be parochial. -/- Erskine employs this framework to explore some of the difficult moral dilemmas thrown up by contemporary warfare. Can universal principles of restraint demanded by conventional laws of war be robustly defended from a position that also acknowledges the moral force of particular ties and loyalties? By highlighting the links that exist even between warring communities, she offers new reasons for giving a positive response - reasons that reconcile claims to local attachments and global obligations. -/- Embedded Cosmopolitanism provides a powerful account of where we stand in relation to 'strangers' and 'enemies' in a diverse and divided world; and provides a new theoretical framework for addressing the relationship between our moral starting point and the scope of our duties to others. (shrink)
Many problems in environmental ethics are what have been called “global systemic problems,” problems in which what happens in one part of the world affects preservationist efforts elsewhere. Restoration of the Everglades is one such example. If global warming continues, the Everglades may well be flooded within the next quarter to half century and all restoration efforts will be for naught. Yet, the United States government is both pursuing restorationist efforts and withdrawing from the Kyoto Protocol on emissions of greenhouse (...) gases. One aspect of global systemic problems concerns whether there are interconnections between the preservationist obligations of the locals and the duties of others. There are three main lines of arguments for concluding that there are, indeed, interconnected obligations in such cases. First, the consequentialist case for imposing duties on locals assumes that others do not have inconsistent consequentialist obligations. In addition, a related consequentialist case can be made that when problems are systemic, others have positive supportive duties. Second, a weak principle of reciprocity supports the interconnectedness of obligations. Insistence that someone has an obligation that benefits you implies the duty not to act to undermine the efforts of that person to fulfill that obligation. Third, a weak principle of fairness—that it is only fair to expect one person to bear the burdens of producinga collective good if others have obligations to do their cooperative part—supports interconnected obligations with regard to global systemic problems. Because all three arguments point to the same conclusion, there is a very strong case for interconnected obligations as part of the solution to global systemic problems—problems that are all too prevalent in our world today. (shrink)
Contemporary philosophers generally ignore the topic of duties to the self. I contend that they are mistaken to do so. The question of whether there are such duties, I argue, is of genuine significance when constructing theories of practical reasoning and moral psychology. In this essay, I show that much of the potential importance of duties to the self stems from what has been called the “second-personal” character of moral duties—the fact that the performance of a (...) duty is “owed to” someone. But this is problematic, as there is reason to doubt whether a person can genuinely owe to herself the performance of an action. Responding to this worry, I show that temporal divisions within an agent's life enable her to relate to herself second-personally, in the way required by morality. The upshots, I argue, are that we need an intra-personal theory of justice that specifies the extent of a person's authority over herself, and that we need to rethink our theories of moral emotions in order to specify how an individual ought to respond to attacks on her interests and autonomy that she herself perpetrates. (shrink)
Many philosophers have objected to Kant’s account of duties regarding non-human nature, arguing that it does not ground adequate moral concern for non-human natural entities. However, the traditional interpretation of Kant on this issue is mistaken, because it takes him to be arguing merely that humans should abstain from animal cruelty and wanton destruction of flora solely because such actions could make one more likely to violate one’s duties to human beings. Instead, I argue, Kant’s account of (...) class='Hi'>duties regarding nature grounds much stronger limitations on how humans may treat non-human animals and flora, since such duties are rooted in the imperfect duty to increase one’s own moral perfection. This duty proscribes actions affecting non-human nature that decrease one’s moral perfection, such as those that cause organisms unnecessary harm. Moreover, the duty to moral perfection prescribes (but does not strictly require) actions affecting non-human nature that increase one’s moral perfection, such as those that benefit organisms. Given this interpretation, I show that, contrary to a widely held view, Kant’s moral philosophy can ground a coherent and robust approach to environmental ethics. (shrink)
Hegel identified in Kant’s practical philosophy precisely the powerful kind of constructivism about the identification and justification of norms that has recently been explicated by Onora O’Neill. If so (I have argued elsewhere this is so), what then did Hegel contribute to practical philosophy? This essay partly answers this question by examining Kant’s and Hegel’s views of the aim and structure of practical philosophy, and what is required to determine specific duties. This theme is specified by examining these issues: (...) two oversights in Kant’s justification of rights to possession (§2), the role of philosophical anthropology in Kant’s universalization tests (§3), the roles of social institutions in specifying our ethical obligations (§4), Kant’s under-developed view of government (§5), and Hegel’s claim that, in contrast to Kant’s Rechtslehre, his Rechtsphilosophie provides an „immanent“ doctrine of duties (§6). I argue that Hegel attempted to respond to his own criticisms of Kant’s Categorical Imperative, and in doing so, Hegel contributed to practical philosophy in ways that Kantians and other moral, social and legal philosophers should consider seriously. (shrink)
In this paper I argue that the ground of this disagreement is different than philosophers have traditionally supposed. On the surface, the disagreement appears to be a matter of substantive moral judgment: Hume admires the sort of person who rushes to the aid of another from motives of sympathy or humanity, while Kant thinks that a person who helps with the thought that it is his duty is the better character. While a moral disagreement of this kind certainly follows from (...) their views, I will argue that the source of the disagreement lies elsewhere, namely in their different conceptions of action and motivation. This difference leads in turn to a surprisingly deep difference in their conception of our relation to other people, and of what it means to interact with other people. It is his conception of human interaction that leads Hume to think that benevolence is natural while there is something artificial about our motives to act justly and to keep our promises. For Kant, on the other hand, no form of adult human motivation is “natural” in Hume’s sense – all adult human motivation involves the agent’s use of nonnatural concepts such as law or reason. But Kant’s theory of interaction grounds another sense in which it is just as “natural” to be motivated to keep our promises and agreements as it is to be motivated to help each other out when we are in need. (shrink)
