Normative Ethics, Misc

In this paper we argue that the use of survey data or intuitions about single person cases as a dialectically neutral data point for favouring telic egalitarianism over prioritarianism has dim prospects for success. We take as a case study Otsuka and Voorhoeve (2009)'s now well known paper and show that it either is either argumentatively irrelevant or question-begging, depending on whether the survey data about people's judgements concerning single-person cases is interpreted as being prudential or moral in character. We (...) suggest that this problem is likely to generalise to other ways of trying to use intuitions or survey data about single-person cases, where those data or intuitions are not just treated as further direct moral intuitions about prioritarianism and telic egalitarianism. (shrink)

The concept of recognition has played a role in two debates. In political philosophy, it is part of a communitarian response to liberal theories of distributive justice. It describes what it means to respect others’ right to self-determination. In ethics, Stephen Darwall argues that it comprises our judgment that we owe others moral consideration. I present a competing account of recognition on the grounds that most accounts answer the question of why others deserve recognition without answering the question of what (...) is involved in recognizing them. This paper answers the latter. I argue that, in general, recognition is something that we do to others rather than something that we think about others. In particular, recognition is an intentional action to treat another individual as a legitimate, self-determining agent. I then show that recognition's realizability requires that agents understand their intentions as dependent on others for their satisfaction. Thus, relations of recognition are instances of collective intentionality. (shrink)

Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to protect, what (...) they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

The metaethical subjectivist claims that there is nothing more to a moral disagreement than a conflict in the desires of the parties involved. Recently, David Enoch has argued that metaethical subjectivism has unacceptable ethical implications. If the subjectivist is right about moral disagreement, then it follows, according to Enoch, that we cannot stand our ground in moral disagreements without violating the demands of impartiality. For being impartial, we’re told, involves being willing to compromise in conflicts that are merely due to (...) competing desires—the parties to such conflicts should decide what to do on the basis of a coin flip. I suggest that Enoch is mistaken in his conception of what it means to be impartial. Once impartiality is properly construed, standing one’s ground in desire-based conflicts, whether or not moral values are at stake in the conflict, is consistent with being impartial. I defend a view on which impartiality can be understood in terms of features of our desiring attitudes. An agent acts impartially in desire-based conflicts whenever she is motivated by a final desire that aims at promoting the wellbeing of persons in a way that is insensitive to the identities of persons and their morally arbitrary features like their gender or skin color. Based on the account, I explain where Enoch’s discussion of the argument goes wrong, as well as why responses to the argument from Enoch’s critics have so far missed the mark. (shrink)

Ethicists generally agree that there are supererogatory acts, which are morally good, but not morally obligatory. It is sometimes claimed that, in addition to supererogatory acts, there are suberogatory acts, which are morally bad, but not morally impermissible. According to Julia Driver (1992), the distinction between impermissible acts and suberogatory acts is legitimate and unjustly neglected by ethicists. She argues that certain cases are best explained in terms of the suberogatory. Hallie Rose Liberto (2012) denies the suberogatory on the grounds (...) that Driver's cases can be explained without invoking it. In order to make good on this claim, Liberto suggests an account of moral impermissibility that purportedly eliminates the need to posit suberogatory acts. We defend the suberogatory. Our defense is twofold. First, we argue that Liberto's account of moral impermissibility is dubious. Second, we attempt to show that it is possible to construct an argument against the supererogatory that is exactly analogous to Liberto's argument against the suberogatory. The upshot is that if the suberogatory is denied for the reasons that Liberto suggests, then the supererogatory should be denied as well. Few ethicists, however, are willing to deny the supererogatory. (shrink)

The paper has three parts. The first is a discussion of the values as goals and means. This is a known Moorean distinction between intrinsic and instrumental values, with one other Moorean item - the doctrine of value wholes. According to this doctrine the value wholes are not simply a summation of their parts, which implies a possibility that two evils might be better than one (e. g. crime + punishment, two evils, are better than either one of them taken (...) separately). In this first part I will discuss peace as an end value, and war as a means value. The second part dicsusses briefly the issue of sincerity. The third, last and for me the most important part of the paper explores the issue of moral integrity in pacifism: could a pacifist preserve the integrity of the attacker, or, for that matter her own integrity, or must she destroy anyone’s integrity and dehumanize the attacker and also herself? (shrink)

Are corporations and other complex groups ever morally responsible in ways that do not reduce to the moral responsibility of their members? Christian List, Phillip Pettit, Kendy Hess, and David Copp have recently defended the idea that they can be. For them, complex groups (sometimes called collectives) can be irreducibly morally responsible because they satisfy the conditions for morally responsible agency; and this view is made more plausible by the claim (made by Theiner) that collectives can have minds. In this (...) paper I give a new argument against the idea that collectives can be irreducibly morally responsible in the ways that individuals can be. Drawing on recent work in the philosophy of mind (what Uriah Kriegel calls "the phenomenal intentionality research program") and moral theory (David Shoemaker's tripartite theory of moral responsibility), I argue that for something to have a mind, it must be phenomenally conscious, and that the fact that collectives lack phenomenal consciousness implies that they are incapable of accountability, an important form of moral responsibility. (shrink)

Philosophical interest in friendship has revived after a long eclipse. This is largely due to a renewed interest in ancient moral philosophy, in the role of emotion in morality, and in the ethical dimensions of personal relations in general. Some of the main questions raised by philosophers are the following: Is friendship only an instrumental value, i.e., only a means to other values, or also an intrinsic value - a value in its own right? Is friendship a mark of psychological (...) and moral self-sufficiency, or of deficiency? How does friendship-love differ from the unconditional love of agape, and how - if at all - is it related to justice? Can the particularist, partialist perspective of friendship be reconciled with the universalist, impartialist perspective of morality? Is friendship morally neutral, or does friendship at its best require a good character? These questions are discussed here with reference to the following philosophical traditions. (shrink)

Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea in sentencing. (...) As part of this defence, it considers whether the use of the idea of restorative justice will conflate criminal law with civil law or displace the authority of the criminal courts, and whether the sentences it recommends are best thought of as punishments or alternatives to punishment. (shrink)

I argue against Judith Jarvis Thomson’s solution for solving paradoxes surrounding trolley cases. I then offer my own competing, novel solution. Thomson famously proposed that what matters in trolley-type cases is whether an agent does something to a threat itself so as to minimize harm or whether the agent initiates a new threat against a person so as to minimize harm. According to her, we intuitively assume that minimizing harm is permissible in the former case (doing something to a threat) (...) but not the latter (initiating a new threat to a person). I demonstrate that this distinction does not accommodate our intuitions in all trolley-type cases. I then propose a new distinction – that of being “in the realm” and “out of the realm” - that does accommodate our intuitions across the range of trolley type cases. Bringing someone from “out” of the realm “into” the realm thus constitutes a new deontological constraint against minimizing harm. (shrink)

In her inventive and tightly argued book Defensive Killing, Helen Frowe defends the view that bystanders—those who do not pose threats to others—cannot be liable to being harmed in self-defence or in defence of others. On her account, harming bystanders always infringes their rights against being harmed, since they have not acted in any way to forfeit them. According to Frowe, harming bystanders can be justified only when it constitutes a lesser evil. In this brief essay, I make the case (...) that some bystanders can indeed be liable to harm. They can be liable, I will argue, because they can be morally responsible for threats of harm, and in becoming responsible they can forfeit their rights. While bystanders cannot be responsible for initiating threats, they can become responsible for the persistence of threats, and for culpably failing to prevent them from being initiated in the first place. (shrink)

Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby failing to explore the limits (...) of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

Climate change and other harmful large-scale processes challenge our understandings of individual responsibility. People throughout the world suffer harms—severe shortfalls in health, civic status, or standard of living relative to the vital needs of human beings—as a result of physical processes to which many people appear to contribute. Climate change, polluted air and water, and the erosion of grasslands, for example, occur because a great many people emit carbon and pollutants, build excessively, enable their flocks to overgraze, or otherwise stress (...) the environment. If a much smaller number of people engaged in these types of conduct, the harms in question would not occur, or would be substantially lessened. However, the conduct of any particular person (and, in the case of climate change, of even quite large numbers of people) could make no apparent difference to their occurrence. My carbon emissions (and quite possibly the carbon emissions of much larger groups of people dispersed throughout the world) may not make a difference to what happens to anyone. When the conduct of some agent does not make any apparent difference to the occurrence of harm, but this conduct is of a type that brings about harm because many people engage in it, we can call this agent an overdeterminer of that harm, and their conduct overdetermining conduct. In this essay we explore the moral status of overdetermining harm. (shrink)

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

The idea of responsibility is deeply embedded into the “lifeworld” of human beings and not subject to change. However, the empirical circumstances in which we act and ascribe responsibility to one another are subject to change. Science and technology play a great part in this transformation process. Therefore, it is important for us to rethink the idea, the role and the normative standards behind responsibility in a world that is constantly being transformed under the influence of scientific and technological progress. (...) This volume is a contribution to that joint societal effort. (shrink)

Human dignity seems very important to us. At the same time, the concept ‘human dignity’ is extrordinarily elusive. A good way to approach the questions “What is it?” and “Why is it important?” is to raise another question first: In virtue of what do human beings have dignity? Speciesism - the idea that human beings have a particular dignity because they are humans - does not seem very convincing. A better answer says that human beings have dignity because and insofar (...) as they are persons. I discuss several versions of this idea as well as several objections against it. The most promising line of analysis says that human beings cannot survive psychologically without a very basic form of recognition and respect by others. The idea that humans have a very special dignity is the idea that they owe each other this kind of respect. All this also suggests that human dignity is inherently social. Non-social beings do not have dignity - nor do they lack it. It is because we are social animals of a certain kind that we have dignity - not so much because we are rational animals. (shrink)

It is common for philosophers to reject otherwise plausible moral theories on the ground that they are objectionably demanding, and to endorse “Moderate” alternatives. I argue that while support can be found within the method of reflective equilibrium for Moderate moral principles of the kind that are often advocated, it is much more difficult than Moderates have supposed to provide support for the view that morality’s demands in circumstances like ours are also Moderate. Once we draw a clear distinction between (...) Moderate accounts of the content of moral principles, and Moderate accounts of morality’s demands in circumstances like ours, we can see that defenses of Moderate views that include both of these components are subject to both methodological and substantive objections. I consider arguments for Moderate views that have been made by Samuel Scheffler and Richard Miller, and argue that both are methodologically problematic because they rely on appeals to intuitions that we have strong grounds to think are unreliable. I conclude that we must take seriously the possibility that Moderate principles, applied to well off people in circumstances like ours, imply demands that are much more extensive than Moderates typically accept. (shrink)

Linda Trinkaus Zagzebski believes that a comprehensive moral theory can be constructed by identifying moral exemplars and by investigating (to put it very roughly) what it is that makes them tick. We identify moral exemplars by direct reference to persons we admire "upon reflection." Moral exemplars are persons like that. Two emotions will play a central role in this type of moral theory: admiration, and its opposite, contempt. Zagzebski's theory proceeds by rough analogy with a physical theory that identifies instances (...) of water and then goes on to investigate the physical make-up of the natural kind, water. But an even better comparison, as she says, is to a community of linguistic users which identifies various instances of tigers, say, and then goes on to investigate the (possibly evolving) referent of the species-term "tiger." Zagzebski provides an engaging, illuminating, and deeply human discussion of how the details of this exemplarist approach, with its investigation into the psychological make up of moral exemplars, might be developed. (shrink)

It is a personal matter, a point of autobiography, but it illustrates something that beats in the heart of Cillian McBride’s compact and quietly ambitious book, that I cannot myself choose to value, that I cannot myself choose to esteem, racial or homophobic bigotry. Hence bigots cannot justifiably demand that I recognize the alleged value of their bigotry; nor can they demand such recognition from society more generally, esteem being tied in this way to sincere evaluation. Although a failure to (...) obtain social recognition might result in a loss of self-esteem for some bigots, and although this would in a way be bad, this negative result would be, in another way, simply too bad for bigotry. (shrink)

This volume initiates a welcome new Oxford Studies series based on the annual meeting of the Arizona Workshop in Normative Ethics, organized by Mark Timmons. The back matter indicates that the series is a place where, "Leading philosophers present original contributions to our understanding of a wide range of moral issues and positions." But Timmons himself says more accurately, it seems, that the series aims to provide "some of the best contemporary work in the field of contemporary ethical theory" (p. (...) ix). In what follows I focus on only two of the individual papers; but first I want to make some remarks by way of overview and introduction. (shrink)

In “Imagination and Judgment” W.P. Ker argues, contrary to the “ordinary teaching” of the moralists of his day, that we have good reason to consider imagination as “the highest form of practical wisdom or prudence” (475). Modes of imaginative thought that direct human passion towards morally valuable ends are best understood as a form of reason or an intellectual virtue, as opposed to a dangerous distraction from reality and threat to good judgment. Ker’s piece remains of interest partly because it (...) anticipates some of the most important contributions to moral theory made by philosophers, most notably Iris Murdoch and Martha Nussbaum, who have developed conceptions of ‘moral imagination’ in more recent decades. More significantly, reflecting on Ker’s catalogue of the positive and direct roles played by imagination in moral reasoning reveals that there is further work to be done in clarifying the concept of imagination in relation to practical reason. (shrink)

Aristotle's emphasis on sameness of character in his description of the virtuous friend as "another self" figures centrally in all his arguments for the necessity of friendship to self-knowledge. Although the attribution of the Magna Moralia to Aristotle is disputed, the comparison of the friend to a mirror in this work has encouraged many commentators to view the friend as a mirror that provides the clearest and most immediate image of one's own virtue. I will offer my own reading of (...) Aristotle's theory of friendship, suggesting that the friend constitutes "another self" not as a mirror image but rather as a partner in moral perception. (shrink)

We naturally attribute obligations to groups, and take such obligations to have consequences for the obligations of group members. The threat posed by anthropogenic climate change provides an urgent case. It seems that we, together, have an obligation to prevent climate catastrophe, and that we, as individuals, have an obligation to contribute. However, understood strictly, attributions of obligations to groups might seem illegitimate. On the one hand, the groups in question—the people alive today, say—are rarely fully-fledged moral agents, making it (...) unclear how they can be subjects of obligations. On the other, the attributions can rarely be understood distributively, as concerned with members’ obligations, because obligations to do something require a capacity to do it, and individual members often lack the relevant capacities. Moreover, even if groups can have obligations, it is unclear why that would be relevant for members, exactly because members often lack control over whether group obligations are fulfilled. -/- In previous work, I have argued that a general understanding of individual obligations extends non-mysteriously to irreducibly shared obligations, rendering attributions of obligations to groups legitimate. In this paper, I spell out how the proposed account also helps us understand the relation between individual and shared obligations. Even though few individual human agents have any significant control over whether we will be successful in preventing climate catastrophe, our collective capacity to prevent catastrophe and shared preventative obligation to do so can give rise to significant individual obligations to contribute to its fulfillment. (shrink)

This paper deals with the ethics of using knowledge about a person’s particular psychological make-up, or about the psychology of judgment and decision-making in general, to shape that person’s decisions and behaviors. Various moral concerns emerge about this practice, but one of the more elusive and underdeveloped concerns is the charge of manipulation. It is this concern that is the focus of this paper. I argue that it is not the case that any of the practices traditionally labeled as “manipulation” (...) are ipso facto morally wrong, nor is it even the case that any of these practices always has a single wrong making feature (e.g., infringement on autonomy) that is always present but may be outweighed by other morally relevant factors and be all things considered ethically permissible or morally right. I argue that the moral status depends on the extent to which the instance of influence (1) threatens or promotes autonomy, (2) has good aims and virtuous overtones or bad ones, and (3) fulfills or fails to fulfill duties, obligations, and expectations that arise out of the relationship between the influencer and influenced. I will explain in detail the moral relevance of these factors, showing why each is necessary, criteria for evaluation each, and demonstrating how they work in specific cases. (shrink)