An ethic for wrongdoers -- Repaying moral debts : self-punishment and restitution -- Changing one's heart, changing the past : repentance and moral transformation -- Reforming relationships : the reconciliation theory of atonement -- Forgiveness, self-forgiveness, and redemption -- Making amends for crime : an evaluation of restorative justice -- Collective atonement : making amends to the Magdalen penitents.

Philosophical interest in disability is rapidly expanding. Philosophers are beginning to grasp the complexity of disability--as a category, with respect to well-being and as a marker of identity. However, the philosophical literature on justice and human rights has often been limited in scope and somewhat abstract. Not enough sustained attention has been paid to the concrete claims made by people with disabilities, concerning their human rights, their legal entitlements and their access to important goods, services and resources. This book discusses (...) how effectively philosophical approaches to distributive justice and human rights can support these concrete claims. It argues that these approaches often fail to lend clear support to common disability demands, revealing both the limitations of existing philosophical theories and the inflated nature of some of these demands. Moving beyond entitlements, the author also develops a unique conception of dignity, which she argues illuminates the specific indignities experienced by people with disabilities in the allocation of goods, in the common experience of discrimination and in a wide range of interpersonal interactions. Disability with Dignity offers an accessible and extended philosophical discussion of disability, justice and human rights. It provides a comprehensive assessment of the benefits and pitfalls of theories of human rights and justice for advancing justice for the disabled. It brings the moral importance of dignity to the centre, arguing that justice must be pursued in a way that preserves and promotes the dignity of people with disabilities. (shrink)

When is one person entitled to sanction another for moral wrongdoing? When, instead, must one mind one’s own business? Stephen Darwall argues that the legitimacy of social sanctioning is essential to the very concept of moral obligation. But, I will argue, Darwall’s “second person” theory of accountability unfortunately implies that every person is entitled to sanction every wrongdoer for every misdeed. In this essay, I defend a set of principles for differentiating those who have the standing to sanction from those (...) who do not. (shrink)

Now available from Rowman & Littlefield, the third edition of this introductory critical thinking text features streamlined chapters, Think for Yourself activities, and a complete glossary of critical thinking terms.

Philosophers and bioethicists are typically sceptical about invocations of dignity in ethical debates. Many believe that dignity is essentially devoid of meaning: either a mere rhetorical gesture used in the absence of good argument or a faddish term for existing values like autonomy and respect. On the other hand, the patient experience of dignity is a substantial area of research in healthcare fields like nursing and palliative care. In this paper, it is argued that philosophers have much to learn from (...) the concrete patient experiences described in healthcare literature. Dignity is conferred on people when they are treated as having equal status, something the sick and frail are often denied in healthcare settings. The importance of equal status as a unique value has been forcefully argued and widely recognised in political philosophy in the last 15 years. This paper brings medical ethics up to date with philosophical discussion about the value of equal status by developing an equal status conception of dignity. (shrink)

Individuals with ‘severe’ cognitive disabilities are primarily discussed in philosophy and bioethics to determine their moral status. In this paper it is argued that theories of moral status have limited relevance to the unjust ways in which people with cognitive disabilities are routinely treated in the actual world, which largely concerns their relegation to an inferior social status. I discuss three possible relationships between moral and social status, demonstrating that determinate answers about the moral status of individuals with ‘severe’ cognitive (...) disabilities are neither necessary nor sufficient for defending the imperative that they be treated as our social equals. (shrink)

Recent political philosophers have argued that criteria of social justice that defend distributing resources to individuals on the basis of the disadvantages of their natural endowments are disrespectful and disparaging. Clearly influenced by the social model of disability, Elizabeth Anderson and Thomas Pogge have recently defended criteria of social justice that distribute resources to people with disabilities on the basis of eliminating discrimination, not making up for so-called natural disadvantage. I argue that it is implausible to suggest that just entitlements (...) for people with disability can be secured solely by eliminating discrimination. Resources for people with disabilities must sometimes be justified on the grounds that some natural endowments pose disadvantages even in societies that do not discriminate. I argue further that there need be nothing at all disrespectful about this way of explaining disadvantage; nor have proponents of the social model of disability or political philosophers provided any compelling reasons for supposing that it is disrespectful. There is thus no motivation for Anderson's and Pogge's attempts to secure justice for people with disabilities by appealing solely to the imperative to eliminate discrimination. (shrink)

Sometimes we should mind our own business. But at other times it would be wrong to mind one's own business. This paper explores the tension between these two claims by presenting a tendency to mind one's own business as an Aristotelian-style virtue. It is furthered argued that this is a different virtue than tolerance.

The literature in ethics is filled with theories of what makes an action wrong, what makes an actor responsible and blamable for his wrongful actions and what we are justified in doing to wrongdoers (e.g., may we punish them? must we forgive them?). However, there is relatively little discussion of what wrongdoers themselves must do in the aftermath of their wrongful acts. This essay attempts to remedy that problem by critically evaluating some competing accounts of the moral obligations of wrongdoers. (...) It argues for a conception of atonement that highlights the value of reconciliation, as opposed to repentance or self-punishment. (shrink)

Hojjat Soofi develops a modified version of Martha Nussbaum’s capability approach, which he offers as a conception of dignity for people living with dementia.1 He argues that this modified version can address what he identifies as four main criticisms of the concept of dignity. The first and most substantial criticism was developed by Macklin: that appeals to ‘dignity’ add little to moral debates or to the rich field of existing moral values.1 Soofi’s account of dignity does not evade this criticism: (...) to the contrary, it represents another clear example of what Macklin complained about, namely, a moral proposal in which the concept of ‘dignity’ plays no substantive role. We have much to learn from Soofi’s rich account of how to ensure the flourishing or well-being of people living with dementia, but it has little to do with dignity as such. According to Soofi, Macklin’s argument is that ‘dignity’ is just another word for respect for persons or their autonomy. This is a rather truncated representation of Macklin’s argument, which is in fact broader. Her argument is that the concept of ‘dignity’ adds nothing to the vast array of rich moral values that already populate the field of ethics, mainly because it is a less precise restatement of these existing values.2 She explicitly …. (shrink)

Particular conceptions of reconciliation vary across a number of dimensions. As section 1 explains, the kind of relationship at issue in a specific context affects the type of improvement in relations that might be necessary in order to qualify as reconciliation. Reconciliation is widely taken to be a scalar concept. Section 2 discusses the spectrum of intensity along which kinds of improvement in relationships fall, and indicates why, in particular contexts, theorists often disagree about the point along this spectrum that (...) is morally or politically most significant. Section 3 provides an overview of the processes commonly cited as contributing to reconciliation. These processes are often controversial; those praised by some commentators as appropriate and constructive responses to past conflict are dismissed by others as undermining the moral or political conditions for just and peaceful relations. Section 4 concentrates on the relationship between reconciliation and justice. While some see these values as compatible and mutually supporting, others argue that, especially in the immediate wake of conflict, parties must often choose between reconciliation and justice. (shrink)

This essay examines the ethics of boycotting as a social response to injustice or wrongdoing. The boycotts in question are collective actions in which private citizens withdraw from or avoid consumer or cultural interaction with parties perceived to be responsible for some transgression. Whether a particular boycott is justified depends, not only on the reasonableness of the underlying moral critique, but also on what the boycotters are doing in boycotting. The essay considers four possible interpretations of the kind of act (...) in which boycotting consists: the avoidance of complicity, protest speech, social punishment, or social coercion. Each interpretation provides a plausible account of at least some cases of boycotting, yet each raises distinct challenges to justifying boycotting activities. (shrink)

Most democratic countries either limit or deny altogether voting rights for people with cognitive impairments or mental health conditions. Against this weight of legal and practical exclusion, disability advocacy and developments in international human rights law increasingly push in the direction of full voting rights for people with cognitive impairments. Particularly influential has been the adoption by the UN of the Convention on the Rights of Persons with Disabilities in 2007. Article 29 declares that states must ‘ensure that persons with (...) disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected’. This article also argues for the right of all people to vote, including people with cognitive impairments, by adopting a uniquely strategic approach. Firstly, some of the strategic limitations of existing arguments in favour of extending the franchise are highlighted. Most such arguments are flawed because they run the risk of inviting disparaging philosophical commentary which compares disabled people to animals, or because they are based on implausible empirical claims, or because they inadvertently tie the case for voting rights for the disabled to other cases unlikely to ever enjoy widespread acceptance. This article, instead, justifies extending voting rights to all people with cognitive impairments based on a simple cost-benefit analysis that avoids all of these problems. (shrink)

The gendered division of labor is the major cause of gender inequality with respect to the broad spectrum of resources, occupations, and roles. Although many feminists aspire to an equality of outcome where there are no significant patterns of gender difference across these dimensions, many have also argued that liberal theories of social justice do not have the conceptual tools to justify a direct attack on the gendered division of labor. Indeed, many critics argue that liberalism positively condones it, presuming (...) that it arises from the free choices of individuals, which must be respected. In this paper I will accept the feminist goal of equality of outcome across roles, occupations, income, and wealth, but will argue that liberal theories of justice are consistent with strong measures aimed at promoting such equality. I will show that liberalism has the conceptual resources to justify a concrete policy measure that goes considerably beyond the measures usually championed by feminists. The example I focus on is “daddy quotas,” which refers to the tagging of a significant part of parental leave for the exclusive use of fathers. (shrink)

Theories of distributive justice are often criticised for either excluding people with disabilities from the domain of justice altogether, or casting them as deficient in personal attributes. I argue that the capabilities approach to justice is largely immune to these flaws. It has the conceptual resources to locate most of the causes of disadvantage in the interaction between a person and her environment and in doing so can characterise the disadvantages of disability in a way that avoids the imputation of (...) natural deficiency. However, I also argue that the capabilities approach cannot accommodate some of the stronger claims advanced by some disability scholars. No plausible capabilities approach can guarantee that social change will always be the just or fair remedy for disadvantage, and there is a small number of severe cases of disability where capability shortfalls will be attributed to the person’s ‘deficient’ physical and mental impairments. (shrink)

The meaning of dignity in health care has been primarily explored using interviews and surveys with various patient groups, as well as with health care practitioners. Philosophical analysis of dignity is largely avoided, as the existing philosophical literature is complex, multifaceted and of unclear relevance to health care settings. The aim of this paper is to develop a straightforward philosophical concept of dignity which is then applied to existing qualitative research. In health care settings, a patient has dignity when he (...) or she is able to live in accordance with his or her standards and values. Accordingly, health care practitioners respect a patient's dignity when they refrain from transgressing the patient's standards and values, or refrain from forcing the patient to transgress his or her standards and values. This concept is shown to explain and illuminate most of the key qualitative findings. It therefore provides a more coherent and synthesised concept of dignity in health care. (shrink)

Recent discussions of genetic enhancement have argued that unregulated access to genetic enhancement technology will have a mainly negative impact on equality, a development that an egalitarian approach to distributive justice should be concerned with and seek to address. I argue that the extent to which egalitarians should be concerned about unequal access to genetic enhancement therapies has been overplayed. Many of the genetic differences that exist between people, including those that arise from differential access to genetic enhancement technology, are (...) simply irrelevant to egalitarian concerns. I also argue that most commentators have failed to appreciate that an egalitarian-inspired program of equal access to genetic enhancement technology may not be altogether favourable for the genetically disadvantaged in any case. The true implications of egalitarian justice in the genetic future have not been adequately explored. (shrink)

According to standard philosophical analyses, only victims can forgive. There are good reasons to reject this view. After all, people who are neither direct nor indirect victims of a wrong frequently feel moral anger over injustice. The choice to foreswear or overcome such moral anger is subject to most of the same sorts of considerations as victims’ choices to forgive. Furthermore, bystanders’ reactions to their experiences of moral anger often reflect either virtues or vices that are of a piece with (...) what we normally describe as a forgiving or unforgiving disposition. In this paper, I reject the view that only victims can forgive by comparing the experience and regulation of moral anger by victims and bystanders. The virtues of victims and bystanders with regard to moral anger are so similar that there is no good reason to apply different labels. However, the recognition of forgiveness in bystanders offers us more than simple consistency. It also leads us to think about the role moral bystanders play in the maintenance of the moral community, as well as the ways in which this role can be abused or overstepped. (shrink)

abstract In this paper I argue that the genetic manipulation of sexual orientation at the embryo stage could have a detrimental effect on the subsequent person's later capacity for autonomous agency. By focussing on an example of sexist oppression I show that the norms and expectations expressed with this type of genetic manipulation can threaten the development of autonomous agency and the kind of social environment that makes its exercise likely.

It has been argued by disability advocates that supported decision-making must replace surrogate, or substituted, decision-making for people with cognitive disabilities. From a moral perspective surrogate decision-making it is said to be an indefensible form of paternalism. At the heart of this argument against surrogate decision-making is the belief that such paternalistic action expresses something fundamentally disrespectful about those upon whom it is imposed: that they are inferior, deficient or child-like in some way. Contrary to this widespread belief, I will (...) argue that surrogate decision-making sometimes expresses more respect for people with life-long, ‘severe’ or ‘profound’ cognitive disabilities than does the adoption of supported decision-making.. Specifically, I argue that in some cases supported decision-making can arguably express that people with severe or profound cognitive disabilities lack equal moral value. I also argue that supported decision-making for people with profound cognitive disabilities can arguably express that they lack complex and rich inner lives. If our aim is to ensure our behaviour and practices express respect for people with life-long ‘severe’ or ‘profound’ cognitive disabilities, then sometimes surrogate rather than supportive decision-making will be a better option. (shrink)

The last twenty-five years or so of thought about tort law have been remarkably productive and dynamic, as the dominance of the law and economics model has been challenged by theories that reintroduce the language of corrective justice. Over this same time period, theorizing about corrective justice has sprung up in response to a wide range of social, political and moral issues. I have in mind work on restorative theories in criminal justice; on postwar justice; on truth commissions, political reconciliation (...) and transitional justice in contexts of regime change; on official apologies as responses to international crises, institutionalized abuse and historical injustices; and on interpersonal apology, the making of amends, and forgiveness as responses to everyday moral transgressions. In these writings, theorists explore what people owe to one another in the aftermath of various kinds of wrongdoing, and thereby subtly challenge our ideas about what should be included under the heading of corrective justice. One new strand of thought, which appears in many of these debates, suggests that corrective justice requires a form of reconciliation or relational repair. My goal in this chapter is to introduce this idea and explore what it might offer to the philosophy of tort law. (shrink)

It may appear that there are grounds for an alliance between opponents of enhancement and disability advocates. People from both camps condemn parents who aspire to improve the physical and psychological traits their children would otherwise be born with, a condemnation often expressed as an accusation of eugenics. Despite these superficial appearances, the author will argue that disability advocates have nothing to applaud in Michael Sandel’s critique of enhancement, which is based on false and sometimes pernicious claims about the value (...) of ‘normal’ human beings. However, they will also argue that disability advocates fail to provide convincing reasons for condemning parental decisions to avoid or eliminate certain traits their children would otherwise be born with. Contrary to what disability advocates and opponents of enhancement suggest, it is often a violation rather than an instantiation of parental virtue to abandon judgements about whether one’s children’s biological givens should be changed. (shrink)

Is gossip ever appropriate as a response to other people’s misdeeds or character flaws? Gossip is arguably the most common means through which communities hold people responsible for their vices and transgressions. Yet, gossiping itself is traditionally considered wrong. This essay develops an account of social punishment in order to ask whether gossip can serve as a legitimate means of enforcing moral norms. In the end, however, I argue that gossip is most likely to be permissible where it resembles punishment (...) as little as possible. (shrink)

Although tissue plasminogen activator (tPA) is the only medication approved by the United States Food and Drug Administration (FDA) for acute ischemic stroke, there is no consensus about the need for informed consent for its use. As a result, hospitals throughout the U.S. have varying requirements regarding obtaining informed consent from patients for the use of tPA, ranging from no requirement for informed consent to a requirement for verbal or written informed consent. We conducted a study to (1) determine current (...) beliefs about obtaining patients’ informed consent for tPA among a large group of stroke clinicians and (2) identify the ethical, clinical, and organizational factors that influence tPA consent practices. Semi-structured interviews were conducted by trained and experienced investigators and research staff to identify key barriers to implementing acute stroke services. Part of the interview explored current beliefs and practices around informed consent for tPA.This was a multicenter study that included 38 Veterans Health Administration (VHA) hospital locations. Participants were 68 stroke team clinicians, serving primarily on the neurology (35 percent) or emergency medicine (41 percent) service. We conducted thematic analysis based on principles of grounded theory to identify codes about consent for tPA. We used interpretive convergence to ensure consistency among the individual investigators’ codes and to ensure that all of the investigators agreed on coding and themes.We found that 38 percent of the stroke clinicians did not believe any form of consent was necessary for tPA, 47 percent thought that some form of consent was necessary, and 15 percent were unsure. Clinicians who believed tPA required informed consent were divided on whether consent should be written (40 percent) or verbal (60 percent). We identified three factors describing clinicians’ attitudes about consent: (1) legal and policy factors, (2) ethical factors, and (3) medical factors.The lack of consensus regarding consent for tPA creates the potential for delays in treatment, uneasiness among clinicians, and legal liability. The identified factors provide a potential framework to guide discussions about developing a standard of care for acquiring the informed consent of patients for the administration of tPA. (shrink)

Jean Hampton argues that we can detect exploitation in personal relationships by thinking about what we would agree to were we to set aside the emotional benefits we receive from those relationships. Hampton calls her account "feminist contractarianism," but it has recently been critiqued as decidedly unfeminist, on the grounds that it is hostile to women's interests and women's values. Furthermore, Hampton's requirement that we imaginatively distance ourselves from our emotional connections to our loved ones--the key element in her contractarian (...) test--is simply ad hoc. In this essay, I will evaluate these objections and offer a new justification for Hampton's test. I conclude that feminist contractarianism is not only a useful tool for detecting exploitation in the family, it is also deserving of its feminist label. (shrink)

This paper sketches elements of a theory of the ethics of autonomised harming: the phenomenon of delegating decisions about whether and whom to harm to artificial intelligence (AI) in self-driving cars and autonomous weapon systems. First, the paper elucidates the challenge of integrating non-human, artificial agents, which lack rights and duties, into our moral framework which relies on precisely these notions to determine the permissibility of harming. Second, the paper examines how potential differences between human agents and non-human, artificial agents (...) might bear on the permissibility of delegating life-and death decisions to AI systems. Third, and finally, the paper explores a series of resulting complexities. These include the challenge of weighing autonomous systems’ promise to reduce harm against the intrinsic value of rectificatory justice as well as the peculiar possibility that delegating harmful acts to AI might render ordinarily impermissible acts permissible. By illuminating what happens when we extend normative theory beyond its traditional boundaries, this discussion offers a starting point for assessing the moral permissibility of delegating consequential decisions to non-human, artificial agents. (shrink)

Do future generations of a wrongdoing group have a responsibility to preserve the memory of the past? If so, what manner of responsibility is it? In this essay, I critically examine the categories of forward-looking and backward-looking collective responsibility to see what they might offer to this discussion. I argue that these concepts of responsibility are ambiguous in ways that threaten to prevent important questions from being raised. I draw my examples from contemporary German practices of preserving the memory of (...) the Holocaust and World War II, especially the stolpersteine, which are memorial plaques for individual victims embedded in the sidewalks of German cities. (shrink)

IntroductionStrawsonian theories of moral responsibility, which aim to ground the phenomenon of moral responsibility in our practices of holding one another accountable for our actions, lead us to think more carefully about the content of those practices. Strawson and his followers have done much to explore the significance of the deontic reactive attitudes (resentment, indignation and guilt), which we tend to aim at wrongdoers.P. F. Strawson, "Freedom and Resentment," Proceedings of the British Academy, Vol. 48 (1962). See also, R. Jay (...) Wallace, Responsibility and the Moral Sentiments (Cambridge, MA: Harvard University Press, 1994); and Stephen Darwall, The Second-Person Standpoint: Morality, Respect and Accountability (Cambridge, MA: Harvard, 2006). In this essay, I am interested in the ways in which we express those attitudes. While it is plausible that experiencing a negative reactive attitude would be permissible in every case of blameworthy wrongdoing, few would agree that verbal .. (shrink)

As medical technology becomes more sophisticate the ability to manipulate nature and manage disease forces the dilemma of when can becomes ought. Indeed, most bioethical discourse is framed in terms of balancing the values and interests and the benefits and burdens that inform principled decisions about how, when, and whether interventions should occur. Yet, despite advances in science and technology, one caregiver mandate remains as constant and compelling as it was for the earliest shaman—the relief of pain. Even when cure (...) is impossible, the physician's duty of care includes palliation. Moreover, the centrality of this obligation is both unquestioned and universal, transcending time and cultural boundaries.Although universally acknowledged, pain is a complex phenomenon for both the patient and the caregiver, influenced as much by personal values and cultural traditions as by physiological injury and disease. (shrink)

This essay asks whether restorative justice practices in criminal legal systems are consistent with the aims of a liberal state.

The study examines the religious thought and aspirations of John Stuart Mill. Contrary to the conventional view of Mill as the prototypical "secular" liberal, it shows that religious preoccupations dominated Mill's thought and structured his endeavors throughout his life. What must be recognized for a proper appreciation of Mill's thought ell as and legacy is the depth of his animus toward traditional transcendent religion, as well the seriousness of his intent to found a new "secular" or non-theological religion to serve (...) as its replacement. Mill's "religious" aim was two-pronged---the evisceration of Christian belief and the social establishment of the allegedly superior morality and spirituality embodied in the "Religion of Humanity" he adopted, with revisions, from Auguste Comte. Mill intended his philosophical writings to assist in the realization of this aim, and they cannot adequately be comprehended without an awareness of their subterranean religious theme. ;The study examines the influence of James Mill, Bentham, Saint-Simon, and Comte on Mill's religious thought and aims. It examines Mill's Three Essays on Religion; discusses his participation in the "Mansel Controversy"; and offers an interpretation of On Liberty and Utilitarianism from the perspective developed in the study. Both essays are shown to have been employed by Mill as crucial instruments toward the accomplishment of his religious mission. ;The material brought to light in this study requires a far-reaching re-evaluation of Mill's contribution to the development of the liberal tradition. Through his influence the radical anti-Christianity of the French Revolution was incorporated into the Anglo-American tradition. Mill's "non-theological" utilitarianism also involved the equally important, if less dramatic, insinuation of Comtean "altruism" and its notion of the superiority of "social" to personal morality into Anglo-American consciousness. The "social morality" embodied in Mill's Religion of Humanity has been assimilated by large segments of contemporary Anglo-American society and is the ethos that has impelled the rise of modern-liberalism The intense intramundane religiosity that Mill incorporated into the Anglo-American political tradition also casts a new light on the nature of modern "secular" liberalism, the chief political carrier of the new secular religiosity in the American context. (shrink)

The recent literature on criminal justice has yielded an intriguing suggestion: that someone who does wrong has a right to make amends. In this essay, I evaluate arguments for and against this claim with regard to cases of both criminal wrongdoing and private wrongs. I conclude that the balance of arguments speaks in favor of a right to make amends. This conclusion has ramifications for the just design of criminal sanctions, and these will also be addressed here.

The article argues that theorists who try to justify 'ought'-claims, i.e., who try to show that a standard of behavior has normative authority, will run into a regress problem. The problem is similar in structure to the familiar regress in the justification of belief. The point of the paper is not skeptical. Rather, the aim is to help theorists better understand the challenges associated with formulating a theory of normative authority.

Victoria Davion confuses seeking approval with the desire for recognition of and respect for one's difference. Ironically, when she asserts that the desire to please others provides an incentive to do well (and thus constitutes a positive aspect of competition) Davion undermines her argument that competition enhances one's sense of self. Rather than enhancing one's sense of self, striving to win approval from others sabotages one's ability to rely on her own judgment and take moral responsibility for herself.