Perfect and Imperfect Duties

Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions or to adopt maxims) cannot. The (...) paper is divided into three main sections. In the first, I set out the procedures generally accepted among Kantians for deriving positive duties from the universalization formulations. In the second, I set out the arguments from section 1 in more detail and explain why they do not work. In the third, I examine a strategy that might be used to supplement the arguments from section 2 and I argue that it also does not work. (shrink)

The Discourse of Universalism , Moral Relativism & Utilitarianism Table of Contents: Chapter 1. Moral relativism: history and theory of moral relativism: Ancient Greece and Early Modern Era Chapter 2. Universalism and Relativism Chapter 3. Hume's Universalism Chapter 4. Plato's Universalism Chapter 5. Problems with Rawls Theory Chapter 6. Aristotle's Relativism Chapter 7. Is Aristotle an ethical relativist? Chapter 8. John Stuart Mill's Utilitarianism Chapter 9. Mill and Principle of Utility Chapter 10. Kant and Moral Theory The historian Herodotus gives (...) the anecdote of Darius, King of Persia, who summoned the Greeks and asked them if they would be willing to eat the bodies of their dead fathers. They replied they would not for any money in the world. Later, Darius asked some Indians of the tribe called Callatiae, who do eat their dead parents’ bodies, if they would ever consider burning the bodies, as was the custom among Greeks. “One can see by this what custom can do” writes Herodotus. He draws the conclusion that this story vindicates the view some acts may be right for some and wrong for others, depending on their individual conceptions of morality. The Sophists were also associated with relativistic thinking, notably Protagoras who asserts that “man is the measure of all things”. However, this view was quite uncommon and moral relativism hardly flourished, as Plato and Aristotle both defended forms of moral absolutism. Ancient Greek philosophers acknowledged moral diversity, but more often under the form of moral scepticism, which states that there is no moral knowledge (rather than moral truth is relative to a culture). (shrink)

Kant’s notion of (what I will call) rational sympathy solves a problem about how we can voluntarily fulfill our imperfect duty to adopt those ends of others which have value only because they have been set by rational agents, ends which I will refer to as merely permissible ends (MPEs). Others’ MPEs are individuated in terms of their own concepts of their MPEs, and we can only adopt their MPEs in terms of their concepts, since to adopt them in terms (...) of different concepts would be to adopt different ends. Others’ concepts of their MPEs may contain marks of the first person, and should contain no marks of law apart from permissibility. Rational sympathy allows us to adopt ends individuated in terms of concepts with marks of these kinds because rational sympathy allows us to voluntarily adopt others’ first-person perspectives in imagination, and to voluntarily shape our contingent feelings so that such concepts motivate us despite their underdetermination by law. (shrink)

Kant’s argument against suicide is widely dismissed by scholars and often avoided by teachers because it is deemed inconsistent with Kant’s moral philosophy. This paper attempts to show a way to make sense of Kant’s injunction against suicide that is consistent with his moral system. One of the strategies adopted in order to accomplish my goal is a de-secularization of Kant’s ethics. I argue that all actions of self-killing (or suicide) are morally impermissible because they are inconsistent with God’s established (...) nature and order. It is argued that the existence of God as the locus of moral value and duty in Kant’s moral system, and not belief in God, can explain the consistency of Kant’s injunction against suicide. A synergistic view is offered, which rests on three arguments: First, suicide goes against God’s authority. Second, suicide is inconsistent with our self-perpetuating nature. Third, suicide goes against the rational will. (shrink)

When someone is poised to fail to fulfil a moral duty, we can respond in a variety of ways. We might remind them of their duty, or seek to persuade them through argument. Or we might intervene forcibly to ensure that they act in accordance with their duty. Some duties appear to be such that the duty-bearer can be liable to forcible interference when this is necessary to ensure that they comply with them. We’ll call duties that carry such liabilities (...) enforcement-apt. Not all duties seem to be enforcement-apt. Some, for example, accept that a person in a monogamous marriage has a moral duty to refrain from infidelity, but deny that a spouse can be compelled to comply with their duty to be faithful without transgressing her rights. More controversially, some think that our duties to assist others in severe need are not enforcement-apt. What could explain the contrast between duties that are enforcement-apt while and those that are not? We’ll call this the puzzle of enforceability and our paper considers three broad strategies for responding to it. The first strategy takes the form of identifying some substantive feature or features that are necessary and/or sufficient for a duty to possess some enforcement status. We consider a range of candidate explanations of this sort but find that none are plausible. The second strategy rejects the idea that there are genuinely enforcement-inapt duties and instead seeks to explain why there can nonetheless be marked differences amongst duties concerning how they can be enforced and who can enforce them. We find that this strategy too is largely unsuccessful. The third strategy offered seeks an explanation of differences in enforcement status by appeal to the broader social costs of enforcing certain kinds of duties. We find that this approach holds some promise but note that it requires adopting a controversial set of moral commitments. We conclude by considering our options in the absence of a solution to our puzzle. (shrink)

My goal in this piece is to show that there is a problem lurking in the shadows of recent attempts to derive positive duties from Kant’s so-called universalizability tests and, further, to show that the most obvious way of fixing these attempts renders them unable to fulfill their function. I shall begin by motivating and explaining such an attempt.

Recent years have seen a surge of interest in the question of whether humans should reproduce. Some say human life is too punishing and cruel to impose upon an innocent. Others hold that such harms do not undermine the great and possibly unique value of human life. Tracing these outlooks historically in the debate has barely begun. What might philosophers have said, or what did they say, about human life itself and its value to merit reproduction? This article looks to (...) Kant, who wrote much on whether, by reproducing, humans do wrong or right morally. It assesses two main arguments: one examining whether perfect or imperfect duties condone reproduction, the other whether Kant’s teleological or, in the opposite sense, his eschatological outlooks can salvage reproduction. These two arguments are essential for building the entire argument. This article finds that, although Kant’s arguments against reproducing are strong, some of his writing seems to support reproduction as a good. Yet, must we must assume an author, even one who strove for systematicity, must be consistent over his entire oeuvre on every issue, especially if not handled directly in a single work? The article concludes that Kant does not sufficiently, systematically support anti-natalism as more moral than pro-natalism. It is best for the current debate to grapple with the very dilemma that daunted Kant. (shrink)

Es ist ein verbreitetes Phänomen unserer moralischen Urteilspraxis, dass wir herausragende moralische Handlungen bisweilen als moralisch wertvoll und dennoch nicht als moralisch geboten beurteilen, d.i. als supererogatorisch. Für die kantische Ethik stellt diese Beobachtung eine Herausforderung dar. Nicht nur verfügt sie nicht über eine Kategorie der Supererogation, vielmehr scheinen die wenigen Stellen, an denen sich Kant explizit mit moralisch herausragendem Handeln befasst, auf den ersten Blick dafür zu sprechen, dass eine solche Urteilspraxis schlicht als fehlerhaft zurückzuweisen ist. Dagegen arbeitet die (...) Studie heraus, dass die kantische Ethik einen theoretischen Rahmen für eine nuancierte moralpsychologische Analyse dieser Praxis bietet: Moralisch herausragende Handlungen als supererogatorisch zu betrachten erweist sich demnach einerseits als vielschichtige Gefährdung der eigenen Moralität, andererseits vermag das gute Exempel anderer unter bestimmten Bedingungen durchaus zur Beförderung der eigenen Moralität beizutragen. Die Studie trägt zu einem differenzierteren Verständnis der kantischen Ethik bei und weist eine genuin kantische Perspektive auf Supererogation als systematisch anschlussfähig an aktuelle Debatten aus. (shrink)

Fiona Woollard argues that when one is personally involved in an emergency, one has a moral requirement to make substantial sacrifices to aid others that one would not otherwise have. She holds that there are three ways in which one could be personally involved in an emergency: by being physically proximate to the victims of the emergency; by being the only person who can help the victims; or by having a personal encounter with the victims. Each of these factors is (...) claimed to be defeasibly sufficient to ground personal involvement, and thus a requirement of substantial sacrifice to aid. Woollard defends this view on the basis of a number of cases. We show that Woollard’s cases contain various confounding factors. In view of the more precisely drawn cases offered here, it is clear that neither proximity nor uniqueness nor personal encounter is intuitively defeasibly sufficient in the way Woollard claims. (shrink)

Journal of Social Philosophy, EarlyView.

We discuss Kant’s conception of beneficence against the background of the overdemandingness debate. We argue that Kant’s conception of beneficence constitutes a sweet spot between overdemandingess and undemandingess. To this end we defend four key claims that together constitute a novel interpretation of Kant’s account of beneficence: 1) for the same reason that we are obligated to be beneficent to others we are permitted to be beneficent to ourselves; 2) we can prioritise our own ends; 3) it is more virtuous (...) to do more rather than less when it comes to helping others; and 4) indifference to others is vicious. Finally, we explain how this represents a system of duties that gives our personal ends a moral standing without unacceptably moralising them. (shrink)

The future rests under the sign of technology. Given the prevalence of technological neutrality and inevitabilism, most conceptualizations of the future tend to ignore moral problems. In this paper we argue that every choice about future technologies is a moral choice and even the most technology-dominated scenarios of the future are, in fact, moral provocations we have to imagine solutions to. We begin by explaining the intricate connection between morality and the future. After a short excursion into the history of (...) Artificial Intelligence, we analyse two possible scenarios, which show that building the future with technology is, first and foremost, a moral endeavor. (shrink)

Recently some bioethicists and neuroscientists have argued for an imperative of chemical cognitive enhancement. This imperative is usually based on consequentialist grounds. In this paper, the topic of cognitive self-enhancement is discussed from a Kantian point of view in order to shed new light on the controversial debate. With Kant, it is an imperfect duty to oneself to strive for perfecting one’s own natural and moral capacities beyond one’s natural condition, but there is no duty to enhance others. A Kantian (...) approach does not directly lead to a duty of chemical cognitive self-enhancement, but it also does not clearly rule out that this type of enhancement can be an appropriate means to the end of self-improvement. The paper shows the benefits of a Kantian view, which offers a consistent ideal of self-perfection and teaches us a lesson about the crucial relevance of the attitude that underlies one’s striving for cognitive self-improvement: the lesson of treating oneself as an end in itself and not as mere means to the end of better output. (shrink)

In his discussion of the duty of benevolence in §27 of the Metaphysics of Morals, Kant argues that agents have no obligation to promote their own happiness, for ‘this happens unavoidably’ (MS, AA 6:451). In this paper I argue that Kant should not have said this. I argue that Kant should have conceded that agents do have an obligation to promote their own happiness.

In this short essay I intent to discuss the moral standing of autonomy in the field of Medical Ethics and the way it affects individual decision making as well as health care policies. To this purpose I will employ a real life scenario, namely administering placebo medication to a patient without letting him know, by means of which I will challenge not only the effectiveness and the feasibility of autonomy in the Kantian sense, but also its desirability. I will argue (...) that the Kantian notion of autonomy when it comes to Medical Ethics is in some cases self-defeating and, therefore, confusing and misleading. I will conclude with the view that, at least as Medical Ethics is concerned, we should rethink and, maybe, revise the meaning we usually assign to autonomy, so as to take into account the particular nature of the doctor-patient relationship. (shrink)

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays some ambivalence. (...) Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

Kant uses ‘wish’ as a technical term to denote a strange species of desire. It is an instance in which someone wills an object that she simultaneously knows she cannot bring about. Or in more Kantian garb: it is an instance of the faculty of desire’s (or will’s) failing insofar as a desire (representation) cannot be the cause of the realization of its corresponding object in reality. As a result, Kant originally maintained it to be antithetical to morality, which deals (...) with ‘ought implies can’. However, Kant’s notion of wish is not static. On the contrary, I argue in this article that Kant re-evaluated the capacity to wish as (to some extent) causally efficacious and, further, of moral relevance. This re-evaluation has not been discussed in the literature, yet has been lurking in plain sight in a subtle but decisive shift evident in two versions of a footnote from the *Critique of the Power of Judgement* (KU). (shrink)

In this volume Paul Formosa sets out a novel approach to Kantian ethics as an ethics of dignity by focusing on the Formula of Humanity as a normative principle distinct from the Formula of Universal Law. By situating the Kantian conception of dignity within the wider literature on dignity, he develops an important distinction between status dignity, which all rational agents have, and achievement dignity, which all rational agents should aspire to. He then explores constructivist and realist views on the (...) foundation of the dignity of rational agents, before developing a compelling account of who does and does not have status dignity and of what kind of achievement dignity or virtue we, as vulnerable rational agents, can and should strive for. His study will be highly valuable for those interested in Kant's ethical, moral and political philosophies. (shrink)

Kant’s accounts of moral education, appraisal respect and gratitude each depend on the assumption that human beings see and judge each other’s actions to be morally good. This assumption appears to stand in tension with the Opacity Thesis, Kant’s claim that we can never know if an action is morally good. This paper examines Kant’s discussion of moral illusion to relieve this tension. It is argued that we are required to uphold moral illusion, i.e. to represent others’ actions to be (...) morally good (while knowing that we may be mistaken), due to the duty of beneficence for others’ moral well-being. (shrink)

This paper aims to highlight the role played by uncertainties in global justice theories. It will start by identifying four kinds of uncertainties that could potentially have an impact on the nature, content and very existence of global duties: first, uncertainties regarding the causes of global injustices; second, uncertainties regarding the consequences of global justice initiatives; third, uncertainties pertaining to the 'imperfect' character of certain global duties; and fourth, uncertainties regarding the conduct of others. It will discuss each of these (...) uncertainties in turn, with particular attention to their normative implications, their distinctively 'global' source, and the possibility of their being addressed. It will conclude with some reflections on how the normative issues raised by uncertainties related to spatial distance compare to those raised by uncertainties related to temporal distance. (shrink)

Supererogation seems to be an important concept of common sense morality. However, assuming the existence of such a category seems to pose a serious problem for Kantian Ethics, given the all-encompassing role of duty. In fact, Kant seems to deny the possibility of such acts when he states in the second critique that “[b]y exhortation to actions as noble, sublime, and magnanimous, minds are attuned to nothing but moral enthusiasm and exaggerated self-conceit; [...] they are led into the delusion that (...) it is not duty […] which constitutes the determining ground of their actions […]”. (KpV, AA V, 84f.). This paper’s aim is to show that even though it is not possible to include a category of supererogation within Kantian Ethics, the recognition of alleged supererogatory acts is not only a source of self-deception, as Kant seems to fear, but can also serve as a source of self-knowledge. Starting from the premise that within Kantian Ethics self-knowledge is indispensable to aspire to the duties of moral self-perfection, I will argue that supererogation is only a plausible concept regarding the observer-perspective: thus it describes an act that, given the observer's own moral development, seems to be beyond duty but for the agent herself is not. Given an observer has the insight that her judgment relies on her own deficiencies to act accordingly, this fulfills an epistemic function in the process of developing one’s own moral capacities. This seems to be a fairly proper phenomenological account of supererogation as it can, on the one hand, explain the common moral intuition that certain acts are supererogatory. While on the other hand, it can capture the empirical observation that agents of alleged supererogatory acts usually do not perceive their actions as supererogatory because the differing perspectives of the agent and the observer constitute an integral part of the given account. (shrink)

On what I take to be the standard account of supererogation, an act is supererogatory if and only if it is morally optional and there is more moral reason to perform it than to perform some permissible alternative. And, on this account, an agent has more moral reason to perform one act than to perform another if and only if she morally ought to prefer how things would be if she were to perform the one to how things would be (...) if she were to perform the other. I argue that this account has two serious problems. The first, which I call the latitude problem, is that it has counterintuitive implications in cases where the duty to be exceeded is one that allows for significant latitude in how to comply with it. The second, which I call the transitivity problem, is that it runs afoul of the plausible idea that the one-reason-morally-justifies-acting-against-another relation is transitive. What’s more, I argue that both problems can be overcome by an alternative account, which I call the maximalist account. (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)

Most ethical decisions are conditioned by formidable uncertainty. Decision makers may lack reliable information about relevant facts, the consequences of actions, and the reactions of other people. Resources for dealing with uncertainty are available from standard forms of decision theory, but successful application to decisions under risk requires a great deal of quantitative information: point-valued probabilities of states and point-valued utilities of outcomes. When this information is not available, this paper recommends the use of a form of decision theory that (...) operates on a bare minimum of information inputs: comparative plausibilities of states and comparative utilities of outcomes. In addition, it proposes a comparative strategy for dealing with second-order uncertainty. The paper illustrates its proposal with reference to a well-known ethical dilemma: Kant’s life-saving lie. (shrink)

Preface -/- Introduction -/- PART I -/- 1 Kant’s pursuit of the Supreme Principle of Morality -/- 2 The Categorical Imperative and the Kantian theory of value, part I -/- 3 The Categorical Imperative and the Kantian theory of value, part II -/- 4 Dignity -/- 5 Freedom, reason, and the possibility of the Categorical Imperative -/- PART II -/- 6 Objections to the Formula of Universal Law -/- 7 Three problems in Kant’s practical ethics -/- 8 Reason and sentiment: (...) Kantian ethics in a good human life -/- Conclusion -/- Index . (shrink)

What is a duty of justice? And how is it different from a duty of beneficence? We need a clear account of the contrast. Unfortunately, there is no consensus in the philosophical literature as to how to characterize it. Different articulations of it have been provided, but it is hard to identify a common core that is invariant across them. In this paper, I propose an account of how to understand duties of justice, explain how it contrasts with several proposals (...) as to how to distinguish justice and beneficence, respond to some objections and suggest further elaborations of it. The conceptual exploration pursued in this paper has practical stakes. A central aim is to propose and defend a capacious concept of justice that makes a direct discussion of important demands of justice (domestic and global) possible. Duties of justice can be positive besides negative, they can be imperfect as well as perfect, they can range over personal besides institutional contexts, they can include multiple associative reasons such us non-domination, non-exploitation and reciprocity, and they can even go beyond existing national, political, and economic associative frameworks to embrace strictly universal humanist concerns. We should reject ideological abridgments of the concept of justice that render these possibilities, and the important human interests and claims they may foster, invisible. (shrink)

Forgiveness is clearly an important aspect of our moral lives, yet surprisingly Kant, one of the most important authors in the history of Western ethics, seems to have very little to say about it. Some authors explain this omission by noting that forgiveness sits uncomfortably in Kant’s moral thought: forgiveness seems to have an ineluctably ‘elective’ aspect which makes it to a certain extent arbitrary; thus it stands in tension with Kant’s claim that agents are autonomous beings, capable of determining (...) their own moral status through rational reflection and choice. Other authors recognise that forgiveness plays a role in Kant’s philosophy but fail to appreciate the nature of this duty and misrepresent the Kantian argument in support of it. This paper argues that there is space in Kant’s philosophy for a genuine theory of forgiveness and hopes to lay the grounds for a correct interpretation of this theory. I argue that from a Kantian perspective, forgiveness is not ‘elective’ but, at least in some cases, morally required. I claim that, for Kant, we have an imperfect duty of virtue to forgive repentant wrongdoers that have embarked on a project of self-reflection and self-reform. I develop a novel argument in support of this duty by drawing on Kant’s theory of rational agency, the thesis of radical evil, Kant’s theory of moral development, and the formula of humanity. However, it must be noted that this is a conditional duty and Kant’s position also entails that absence of repentance on the part of the wrongdoer should be taken as evidence of a lack of commitment to a project of self-reflection and self-reform. In such cases, Kant claims, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. I argue that this duty should be understood as one of the duties of self-esteem, which involves the duty to respect and recognise our own dignity as rational beings. (shrink)

In the article I justify the acceptability of ex vivo transplantation and I provide the ethical evaluation of trafficking in human organs from the Kantian perspective. Firstly, I refer to passages of Kant's works, where he explicitly states that depriving oneself of one’s body parts for other purposes than self-preservation is not permitted. I explain that the negative ethical evaluation of the disposal of the body parts was given various justifications by Kant. Subsequently, I provide partial criticism of this justification, (...) resulting in the recognition of the admissibility of ex vivo transplantation. Secondly, I analyse the Kantian slippery-slope argument which, as some philosophers believe, supports banning trade in human organs. It turns out, however, that this argument has wider application, namely it applies to all forms of the instrumental treatment of the human body. Using a previously introduced distinction between organs of the first and the second order, I show that the slippery-slope argument is inconclusive. However, I propose a reinterpretation of this reasoning, which results in using this argument as an additional reason to support prohibiting trade in human organs. (shrink)

Kant’s moral philosophy usually considers two types of duties: negative duties that prohibit certain actions and positive duties commanding action. With that, Kant insists on deriving all morality from reason alone. Such is the Categorical Imperative that Kant lays at the basis of ethics. Yet while negative duties can be derived from the Categorical Imperative and thus from reason, the paper argues that this is not the case with positive duties. After answering a number of attempts to derive positive duties (...) from the Categorical Imperative, most notably those of Barbara Herman, it sketches an alternative approach to understanding the relationship between the universal moral law and specific moral contents. (shrink)

Let’s begin with a few examples. The queue at the supermarket is long. My shopping cart is full of groceries. You are standing behind me, and your cart has only two or three items in it. I let you go ahead of me so that you can finish your shopping quickly.A stranger in the street approaches you and asks you if you can light his cigarette. As a matter of course, you do.David Heyd, Supererogation (Cambridge: Cambridge University Press, 1982), p. (...) 149.You help someone find his way in town, or assist an old woman to cross the road.Ibid, p. 2.A person entering the store ahead of you holds the door open for you so it does not slam in your face.Edna Ulmann-Margalit, “Considerateness,” Iyyun 60, 2011, p. 205.Walking towards your car, about to leave the parking lot, you notice a driver searching in vain for a spot. You motion to her to follow you.You and I are not acquainted with each other, but we happen to sit next to each other at a meeting. You are momentarily called out of the room and I c. (shrink)

Kant's view that we have only indirect duties to animals fails to capture the intuitive notion that wronging animals transgresses duties we owe to those animals. Here I argue that a suitably modified Kantianism can allow for direct duties to animals and, in particular, an imperfect duty to promote animal welfare without unduly compromising its core theoretical commitments, especially its commitments concerning the source and nature of our duties toward rational beings. The basis for such duties is that animal welfare, (...) on my revised Kantian view, is neither a conditioned nor unconditioned good, but a final and nonderivative good that ought to be treated as an end-in-itself. However, this duty to promote animal welfare operates according to a broadly consequentialist logic that both accords well with our considered judgments about our duties to animals and explains differences between these duties and duties owed to rational agents. (shrink)

There is virtually no philosophical consensus on what, exactly, imperfect duties are. In this paper, I lay out three criteria which I argue any adequate account of imperfect duties should satisfy. Using beneficence as a leading example, I suggest that existing accounts of imperfect duties will have trouble meeting those criteria. I then propose a new approach: thinking of imperfect duties as duties held by groups, rather than individuals. I show, again using the example of beneficence, that this proposal can (...) satisfy the criteria, explaining how something can both have the necessity characteristic of duty, while also allowing agents the latitude which seems to attach to imperfect duties. (shrink)

In a cryptic passage of the "Doctrine of Virtue" (§ 23), Kant underscores the relation between the two kinds of ethical duties to others, which he calls duties of love and duties of respect. The paper will explore the issues concerning this relation, and try to clarify the meaning of it for Kant’s overall account of the duties towards others. I suggest that (1) Kant thereby highlights the role of a previously unconsidered class of duties, and highlights that that novelty (...) changes the traditional picture of other-regarding morality. (2) Most importantly, Kant shows that through their reciprocal connection both duties of love and duties of respect can be related to the obligatory end of the happiness of others. (shrink)

A commentary on Sections XII–XVI of the “Introduction to the Doctrine of Virtue”.

“Supererogation” is now a technical term in philosophy for a range of ideas expressed by terms such as “good but not required,” “beyond the call of duty,” “praiseworthy but not obligatory,” and “good to do but not bad not to do” (see Duty and Obligation; Intrinsic Value). Examples often cited are extremely generous acts of charity, heroic self-sacrifice, extraordinary service to morally worthy causes, and sometimes forgiveness and minor favors. These concepts are familiar in institutional contexts, for example, when teachers (...) give points for “extra credit” work, corporations give “bonuses” for profitable leadership, and armies award medals for extraordinary service and valor. Moral philosophers, however, have generally focused on whether or not some of these terms refer to a fundamental moral category and, if so, how the category should be defined, which acts the category includes, and whether various moral theories adequately acknowledge it. The idea that acts can be good and praiseworthy but beyond duty has seemed puzzling for several reasons. For example, it seems that “good and praiseworthy” appeals to scalar standards of (“more or less”) value and virtue whereas “duty,” “required,” and “obligatory” invoke nonscalar norms that make (“all or nothing”) demands. This raises the theoretical question whether morality presupposes two distinct conceptual schemes, and, if so, to what extent and how these can be unified in a consistent and coherent moral theory. (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)

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)

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)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical reason, he (...) attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

In this paper I argue that, in addition to having an obligation to resist the oppression of others, people have an obligation to themselves to resist their own oppression. This obligation to oneself, I argue, is grounded in a Kantian duty of self-respect.

This paper concerns a feature of the deontic landscape that, although pervasive, has hitherto escaped notice. None of the current categorizations of duties adequately capture a common and important form of duty, the “open duty.” The difference between open and closed duties, whether perfect or imperfect, rests not on the side of the end or action enjoined by the duty, but on that of the agents who are enjoined to act. An open duty belongs to more than one person, not (...) all of whose performance of the action is required to fulfill the duty. An example would be the situation faced by American doctors following Hurricane Katrina, when it was imperative that some of them provide aid, but when it was just as necessary that many remain where they were to treat local patients. In this paper, I examine these duties’ nature and structure, and explain several of their more unusual features. -/- . (shrink)

The fact that Kantian beneficence is constrained by Kantian respect appears to seriously restrict the Kantian's moral response to agents who have embraced self-destructive ends. In this paper I defend the Kantian duties of love and respect by arguing that Kantians can recognize attempts to get an agent to change her ends as a legitimate form of beneficence. My argument depends on two key premises. First, that rational nature is not identical to the capacity to set ends, and second, that (...) an agent's conception of her happiness is not identical to the satisfaction of her ends. (shrink)

Christopher Miles Coope offers a letter, drafted by Helen Taylor but certified by Mill, in which Mill asserts the duty to vote, as evidence that he could not have regarded harmfulness to others as a necessary condition of moral wrongness. But it is clear that Mill regarded the duty to vote as one of imperfect obligation, and the wrongness of not fulfilling it as a matter roughly of not doing enough, in this case not doing one's fair share. He has (...) room for the common-sense harmlessness of staying at home. At the same time he grounds political duties in the harmfulness of neglecting the power of legislation and in the possibility, consistently maintained, that one can harm by inaction. Mill's view, central to his relation between morality and liberty, remains at work here, while also suggesting reflections on the peculiarity of his conception of harm. (shrink)

For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...) bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)