Normative Ethics

I present a new argument for the repugnant conclusion. The core of the argument is a risky, intrapersonal analogue of the mere addition paradox. The argument is important for three reasons. First, some solutions to Parfit’s original puzzle do not obviously generalize to the intrapersonal puzzle in a plausible way. Second, it raises independently important questions about how to make decisions under uncertainty for the sake of people whose existence might depend on what we do. And, third, it suggests various (...) difficulties for leading views about the value of a person’s life compared to her nonexistence. (shrink)

This article explores how agreements to preferentially save can ground an exception to the duty to minimize harm when saving. A rescuer preferentially saves if she knowingly fails to minimize harm among prospective victims, even though minimizing harm would not have imposed greater costs on the rescuer herself. Allowing rescuers to act on agreements to preferentially save is justified by the reasons we have to respect the agreements that agents form as a means of pursuing their own ends.

We are moral equals, but in virtue of what? The most plausible answers to this question have pointed to our higher agential capacities, but we vary in the degrees to which we possess those capacities. How could they ground our equal moral standing, then? This chapter argues that they do so only indirectly. Our moral equality is most directly grounded in a social practice of equality, a practice that serves the purpose of mitigating our tendencies toward control and domination that (...) interpreters of Rousseau call “inflamed amour-propre.” We qualify as participants in this practice of equality by possessing certain agential capacities, but it is our participation in the practice, and not the capacities themselves, that makes us moral equals. This chapter thus proposes moving from a capacity-based to practice-based view of moral equality. Doing so avoids problems for other accounts that, like the one defended here, ignore (above a threshold) the varying degrees to which we possess the pertinent agential capacities, such as Ian Carter’s account of “opacity respect.”​. (shrink)

Unwitting omissions pose a challenge for theories of moral responsibility. For commonsense morality holds many unwitting omitters morally responsible for their omissions (and for the consequences thereof), even though they appear to lack both awareness and control. For example, some people who leave dogs trapped in their cars outside on a hot day (see Sher 2009), or who forget to pick something up from the store as they promised (see Clarke 2014) seem to be blameworthy for their omissions. And yet, (...) if moral responsibility requires awareness of one’s omission and of its moral significance, as well as control, then it would appear that the unwitting protagonists of these cases are not, in fact, morally responsible for their omissions. In this paper, we consider, and ultimately reject, a number of influential views that try to solve this problem, including skepticism about responsibility for such omissions, a view we call the “decision tracing” view that grounds responsibility for such omissions in previous exercises of conscious agency, and “attributionist” views that ground responsibility for such omissions in the value judgments or other aspects of the agents’ selves. We propose instead a new tracing view that grounds responsibility for unwitting omissions in past opportunities to avoid them, where having such opportunities requires general awareness of the risk of such an omission, but not an exercise of agency, in contrast to the decision tracing view. We argue that the view can better accommodate cases, and fits well with the most plausible conception of the kind of control required for responsibility. (shrink)

The normative notion of fittingness figures saliently in the work of a number of ethical theorists writing in the late nineteenth and mid-twentieth centuries and has in recent years regained prominence, occupying an important place in the theoretical tool kits of a range of contemporary writers. Yet the notion remains strikingly undertheorized. This article offers a (partial) remedy. I proceed by canvassing a number of attempts to analyze the fittingness relation in other terms, arguing that none is fully adequate. In (...) explaining why various analyses of fittingness fail, I draw into relief certain of the relation’s constitutive features and spotlight some of its interesting and important connections to various other properties. Along the way, I highlight the relation’s relevance to a number of ongoing debates in normative and metanormative philosophy. I conclude by indicating some directions for further research. (shrink)

I first argue that there is no problem about how to justify partialities (though there is a difficulty in justifying impartialities). Then I consider the role of consent in justifying rights and duties, using voluntary associations as a case in which consent has an important but limited role in doing so, a role determined and circumscribed by evaluative considerations. The values explain why consent can bind and bind one to act as one does not wish to do and even as (...) one judges to be ill advised. That opens the way to an explanation of how value considerations relate to non-voluntary membership in socially constituted groups, generating rights and duties that to a considerable extent are independent of the individual’s aims and preferences. -/- . (shrink)

It is widely thought that moral obligations are necessarily guidance giving. This supposed fact has been put to service in defence of the ‘ought-implies-can’ principle according to which one cannot be morally obligated to do the impossible, since impossible-to-satisfy obligations would not give guidance. It is argued here that the supposed fact is no such thing; moral obligations are not necessarily guiding giving, and so the ‘guidance argument’ for ought-implies-can fails. This is the result of no non-trivial condition being ‘luminous’.

Theories of well-being that give an important role to satisfied pro-attitudes need to account for the fact that, intuitively, the scope of possible objects of pro-attitudes seems much wider than the scope of things, states, or events that affect our well-being. Parfit famously illustrated this with his wish that a stranger may recover from an illness: it seems implausible that the stranger’s recovery would constitute a benefit for Parfit. There is no consensus in the literature about how to rule out (...) such well-being-irrelevant pro-attitudes. I argue, first, that there is no distinction in kind between well-being-relevant and irrelevant pro-attitudes. Instead, well-being-irrelevant pro-attitudes are the limiting cases on the scale measuring how much of a difference pro-attitudes make to the subject’s well-being. Second, I propose a particular scalar model according to which the well-being-relevance of pro-attitudes is measured by either their hedonic tone, or by the subject’s conative commitment. (shrink)

I will discuss the prospect of pharmaceutically enhancing human morality and decision making in such a way as to eliminate morally unjustifiable choices and promote desirable ones. Our species in the relatively short period since it has emerged has enormously advanced in knowledge, science, and technical progress. When it comes to moral development, the distance it has covered is almost negligible. What if we could medically accelerate our moral development? What if we could once and for all render our species (...) totally immune to certain vices? I will examine whether pharmaceutically intervening in human morality would compromise the autonomy of moral agents. I will argue that the argument from the autonomy of the moral agent is neither stable nor convincing. In the light of Kantian ethics we might consider moral enhancement by pharmaceutical means to be a perfect duty for moral agents. (shrink)

This is a review of David Sobel's monograph, From Valuing to Value: A Defense of Subjectivism.

This article responds to objections to the account of permissible harming developed in Defensive Killing, as raised by Christian Barry, Jeff McMahan, Kimberly Ferzan, Massimo Renzo and Adil Haque. Each paper deserves much more attention than I can give it here. I focus on Barry’s important observations regarding the liability to defensive harm of those who fail to rescue. In response to McMahan, I grant some of McMahan’s objections to my rejection of the moral equivalence of threats and bystanders, but (...) reject his analysis of my Shield cases. I welcome much of Ferzan’s development of my account of ‘futile’ defence, but offer some concerns regarding her own view of when honour can be appropriately defended. I argue that Renzo’s objections to my account of bloodless invasions are unpersuasive, and identify some problems with Renzo’s own view. Finally, I defend my account of civilian liability against Adil Haque’s critique. (shrink)

The definitive ethics resource. By the time the second edition is edited, it will have more than 850 entries (more than 200 revised since the first edition), averaging more than 4,000 words. Authors are known authorities, coming from more than 25 countries from all six inhabited continents. Essays were double-blind reviewed.

La censura penal en los estados liberales de derecho, se ha justicado históricamente desde el concepto de bien jurídico y desde principio del daño, conforme la tradición sea alemana o anglosajona, respectivamente. Sin embargo, en las últimas décadas se observa que tales criterios no pueden hacer frente a nuevos problemas que presentan las sociedades modernas. Tal es el caso de las tipificaciones en forma de delitos acumulativos, es decir conductas que en sí mismas acarrean consecuencias lesivas muy pequeñas, pero que (...) sumadas a otras de igual naturaleza pueden producir graves afectaciones. La literatura ha proporcionado un profuso debate sobre este tema. Aquí se intentará proponer una construcción plausible que sea capaz de justificar esta clasede prohibiciones. Para ello se parte del modelo republicano, que adopta como ideal de libertad, la no dominación. Toda vez que al ser posible la inexistencia de interferencias pero que, sin embargo, una persona vea restringida su libertad por encontrarse bajo el poder de otro (dominio), la idea de “libertad como no dominación” parece más satisfactoria para garantizar buenas condiciones de vida a los sujetos. Se ensayarán dos respuestas, una que considera que la razón de la prohibición se encuentra en el efecto que cada acto produce junto a los demás; y otra, que sólo repara en las consecuencias del acto individual. (shrink)

En el presente escrito intentaré explorar la relación entre dos temas controvertidos: el daño y el problema de la no-identidad. Sostendré la idea de que ninguna tesis plausible del daño puede resolver completamente el problema de la no-identidad. Sin embargo, defenderé que una reformulación de la tesis comparativa contra-fáctica es superior a todas las otras tesis del daño y por tanto debería ser adoptada. | In this paper I tried to explore the relation between two controversial issues: harm and the (...) non-identity problem. I will defend the idea that any harm account cannot fully solve the nonidentity problem. However, I will defend that a reformulation of the counterfactual comparative account is better than all others harm accounts, and therefore should be adopted. (shrink)

In this paper I intend to analyse the meaning of harm as well as the strength of the reasons against harming provided by harm-states. I will argue that there are two kinds of harms: absolute harms and relative harms. Also, I will argue that when certain harm has been completely covered by considering such harm as absolute, the consideration of such harm as –also– relative is displaced. Such considerations should be taken into account when the suffered harms cannot be entirely (...) explained by considerations regarding absolute harms. If these claims are right, we will have guidelines to measure, among other things, the agent´s moral responsibility in different kind of cases. -/- En este trabajo me propongo analizar tanto qué significa sufrir un daño como la fuerza de las razones en contra de dañar que se derivan de los estados de daño. Argumentaré que existen distintos tipos de daño: absolutos y relativos, y que los primeros son cualitativamente más graves que los segundos. Argumentaré también que, si los daños sufridos pueden ser explicados enteramente en términos de daños absolutos, las consideraciones referidas a los daños relativos no deben entrar en juego. Tales consideraciones sólo deben ser tenidas en cuenta cuando los daños sufridos no puedan ser explicados enteramente en términos de daños absolutos. Si estas afirmaciones son correctas, contaremos con lineamientos que pueden servir de guía para, entre otras cosas, graduar la responsabilidad de los agentes en diferente clase de casos. (shrink)

In this work, I will support a combined notion of harm according to which there are qualitatively different harms. I will support a way in which the severity of harms could be measured. Then, I will provide three principles about the strength of the reasons against harming. The supported thesis will provide some tools to solve some problems of the general part of criminal law. In relation to the analytical stratum of statutory description of an offence, I will show that (...) the defended notion of harm could help to solve cases of hypothetical and alternative causal courses. In relation to the analytical stratum of unlawfulness (or wrongfulness), I will show that the proposed ranking of the severity of harms help us to distinguish between cases of necessity as justification and necessity as excuse. In relation to the analytical stratum of culpability, I will show that the principles regarding the strength of the reasons against harming help us to supply straightforward criteria to measure the punishment to impose for having committed some crime. -/- En este trabajo intentaré defender una noción combinada de daño de acuerdo a la cual existen dos tipos de daños cualitativamente diferentes. Asimismo, defenderé un modo en que la gravedad de los diferentes daños puede ser graduada. Derivado de lo anterior, extraeré tres principios sobre la fuerza de las razones en contra de dañar. La tesis defendida proporcionará herramientas para resolver algunos problemas de la parte general de derecho penal. En relación al tipo penal, mostraré que la noción de daño defendida puede ayudar a resolver casos de cursos causales alternativos e hipotéticos. En referencia a la antijuridicidad, mostraré que la clasificación de la gravedad de los daños propuesta ayuda a distinguir qué casos de estado de necesidad deben considerarse como justificación y cuales como excusa. En referencia a la culpabilidad, mostraré que los principios sobre la diferente fuerza de las razones en contra de dañar ayudan a aportar criterios claros para la individualización de la pena a imponer por la comisión de un delito. (shrink)

A widely debated question in current research centres on determining the precursors to G. W. F. Hegel's theory of recognition. Until now Fichte, Rousseau and Aristotle have been discussed. However, the present paper analyses a further surprising correspondence between Marsilio Ficino's theory of love and Hegel's theory of recognition. Here it is shown that Hegel studied Ficino in 1793 and that we can discover syntactical, semantical, and structural vestiges of Ficino's De amore II 8 in Hegel's early fragments on religion (...) (1793) and love (1797), which are closely related to the general theory of recognition found in the Phenomenology of Spirit. Not only may this thesis be relevant for Hegel or Ficino scholarship, but it could also be a further indication that social theories with normative content are an integral characteristic of (early) modern self-consciousness. (shrink)

According to the Asylumseekers Benefit Act health care provision is restricted for refugees in Germany. The article is giving a first overview about the situation with focus on the challenges and questions this restriction poses from an ethical perspective.

All too often women are considered sexy in accordance with an externally dictated and unduly narrow conception of sexiness – one that excludes large portions of the female population from being considered sexy. In response to this, some feminists have suggested that we should give up on sexiness altogether. Since the agency, subjectivity, and autonomy of a woman being judged sexy is generally ignored, they argue, we have, in effect, an equation of sexiness with objecthood. In a recent essay entitled (...) “Sex Objects and Sexy Subjects” Sheila Lintott and Sherri Irvin object to this strategy because they see sexuality as a crucial element of selfhood – something that one cannot simply ‘give up on’. Instead, they propose to reclaim and redefine sexiness in such a way that makes room for women as sexy subjects desiring and pursuing authentic pleasure. In this short paper, I will investigate the merits and shortcomings of their proposal and present an alternative account. (shrink)

Some authors fear that humanity is on the verge of its own extinction and must either change its behaviour or inevitably cause its own demise. This situation has spawned a vigorous (bio)ethical debate in recent years concerning whether one should enhance human beings cognitively or morally in order to promote moral action and reduce harm. This article defends making moral bioenhancement compulsory to avoid grossly immoral actions and the global extinction of humanity, if it is available, safe and easy to (...) administer. Two crucial issues will be examined in more detail. First, moral enhancement and free will, and second, the applicability problem, which concerns one particular political approach to accomplishing that goal. (shrink)

A recent trend in scholarship argues that certain features of affirmative action logic, such as group identification, quotas, and preferential treatments would be contradictory to principles of individual merit, nondiscrimination, and personal achievement that were once advocated by Martin Luther King, jr. On the contrary this paper will argue that King’s authority may be understood to clearly support the emergence of affirmative action principles. Furthermore, King offered an ethical framework that may prove helpful in resolving many of the problems that (...) arise within an affirmative action environment, with special consideration given to gender. (shrink)

Given the loud and pernicious history of white supremacy, obvious conclusions would encourage us to abolish all vestiges of racialized naming. Nevertheless, following plain formulas encouraged by Frederick Douglass and MLK, Jr. this chapter argues that justice still demands instances of radicalized naming. When we focus on racism as a legacy of unjust naming only, we neglect the newer half of the problem, because the power of white supremacy is also to be found in what is not named when naming (...) is suppressed. If an ethic of whiteness is possible, that is if white people as white people can work in anti-racist ways, there are times when refusing to name oneself as white is to conspire in a cover up. (shrink)