Bernard Williams; IV*—Moral Incapacity, Proceedings of the Aristotelian Society, Volume 93, Issue 1, 1 June 1993, Pages 59–70, https://doi.org/10.1093/aristotel.

Bernard Williams distinguishes moral incapacities – incapacities that are themselves an expression of the moral life – from mere psychological ones in terms of deliberation. Against Williams I claim there are examples of such moral incapacity where no possible deliberation is involved – that an agent's incapacity may be a primitive feature or fact about their life. However Michael Clark argues that my claim here leaves the distinction between moral and psychological incapacity unexplained, and that an adequate (...) understanding of the kind of examples I suggest must involve at least some implicit reference to deliberation. In this paper I attempt to meet Clark's objection and further clarify my account of primitive moral incapacities by considering an example from Mark Twain's Huckleberry Finn. What this example shows, I argue, is how our characterization of an agent's response as a moral incapacity turns not on the idea of deliberation but on the way certain primitive incapacities for action are connected to a larger pattern of response in an agent's life, a pattern of response that itself helps to constitute our conception of that agent's character and the moral life more generally. (shrink)

Many critics and defenders of P. F. Strawson’s approach to moral responsibility in ‘Freedom and Resentment’ have attributed to Strawson a claim of psychological incapacity or impossibility with respect to our (in)ability to abandon or radically change the framework of reactive attitudes that constitute (at least) an important part of our responsibility practices. In this essay I show that commentators have conflated two distinct arguments within Strawson’s discussion in a way that increases his susceptibility to a challenge of empirical (...) implausibility. I argue, further, that recognizing the difference between the two arguments has an additional important implication for Strawson’s overall argument, as it reveals that his view involves two types of objectivity. I end by discussing some consequences for both broad applications of Strawson’s moral psychology and narrow discussions within the free will literature. (shrink)

Bernard Williams distinguishes moral incapacities – incapacities that are themselves an expression of the moral life – from mere psychological ones in terms of deliberation. Against Williams I claim there are examples of such moral incapacity where no possible deliberation is involved – that an agent's incapacity may be a primitive feature or fact about their life. However Michael Clark argues that my claim here leaves the distinction between moral and psychological incapacity unexplained, and that an adequate (...) understanding of the kind of examples I suggest must involve at least some implicit reference to deliberation. In this paper I attempt to meet Clark's objection and further clarify my account of primitive moral incapacities by considering an example from Mark Twain's Huckleberry Finn. What this example shows, I argue, is how our characterization of an agent's response as a moral incapacity turns not on the idea of deliberation but on the way certain primitive incapacities for action are connected to a larger pattern of response in an agent's life, a pattern of response that itself helps to constitute our conception of that agent's character and the moral life more generally. (shrink)

What renders some mentally disordered patients incapable of informed consent to medical interventions? It is argued that a patient is incapable of giving informed consent owing to mental disorder, if a mental disorder prevents a patient from understanding what s/he consents to; if a mental disorder prevents a patient from choosing decisively; if a mental disorder prevents a patient from communicating his/her consent; or if a mental disorder prevents a patient from accepting the need for a medical intervention. This paper (...) holds that a patient's capacity to give informed consent should be assessed clinically by using these conditions necessary for informed consent, and should be assessed specifically for each intervention and specifically at the time when the consent has to be given. The paper considers patients' incapacity to give informed consent to treatment, to give informed consent to be examined clinically, and to give informed consent to participate in research. (shrink)

Was Luther avowing a genuine moral incapacity when he claimed that he could do no other? Bernard Williams has distinguished moral from psychological incapacity in terms of deliberation. There are three particular difficulties for the notion: in addition to (1) scepticism about whether the agent is genuinely incapable, there are (2) the possibility of conflicting moral incapacities, and (3) apparent cases where there is no actual or possible deliberation. If (1) can be countered, (2) can be met by (...) ceteris paribus clauses, and it is shown that these do not remove the element of necessity. And (3) can be met by showing how possible deliberation is involved in putative counter‐examples. Williams' account needs to be augmented to deal with cases of the morally unthinkable, and refined to allow for incipient attempts to do the morally impossible. (shrink)

This article examines the moral-theoretic implications of a species of moral incapacity which is frequently acknowledged, but nowhere fully explored, in the extant literature. This is the species ‘moral incapacity of vice,’ comprised of those strict limits to intentional action that manifest a weakness or corruption of moral character. Such incapacities demand closer attention, because they block a prominent line of skepticism about the moral incapacities (skepticism resulting partly from theorists’ heretofore exclusive concern with moral incapacities of virtue). (...) A literary example of moral incapacity of vice is analyzed by means of a Thomistic concept of capital vice. The case blocks moral incapacity skepticism, illustrates that moral incapacities of vice share all of the major criterial (i.e., significant and collectively distinctive) features of moral incapacities of virtue, and brings out the significance of such incapacities for our understanding of character, practical reasoning, and agency. (shrink)

What are the duties of carers and health professionals to people with mental incapacity? How ought we to think about the ethical and legal issues? What can any of us do to improve and safeguard the lives of those cared for? This book seeks to examine in detail and find ethically robust answers to such questions. Among the topics discussed are withholding treatment, tube-feeding patients with dementia, the 'persistent vegetative state', medical research, and sterilisation of intellectually disabled adults. Contributors (...) come from a wide range of disciplines, including psychiatry, nursing, philosophy, theology and law. The book includes an account by Wendy Hiscox of non-voluntary euthanasia in the Netherlands and Belgium, and a chapter by John Finnis exploring some aspects of Britain's Mental Capacity Act 2005. (shrink)

There has been a time in my teaching career that I used to cite in my introductory classes ‘Moral Philosophy’ from Erica Jong's Fear of Flying . The situation leading up to the quote is that the main character, Isadora, is asked a sexual favour by her brother in law, Pierre. Her answer and the subsequent dialogue read then as follows: ‘I can't’ , I said. ‘Come on,’ Pierre said, ‘I'll teach you.’ ‘I didn't mean that … I meant that (...) I can't; morally , I can…’. (shrink)

Moral incontinence (that is, knowing what one ought to do but doing otherwise) has often been explained in terms of psychological incapacity/inability (that is, “ought but can’t”). However, Socrates and others have argued that, whenever it is physically possible to act, there can be no rupture between judgment and behavior and therefore there are no instances of “ought but can’t”.The analysis that follows will conclude either that Socrates was correct in holding that there are no ruptures between judgment and (...) behavior or that, if there are such ruptures, then explanations in terms of psychological incapacity/inability are inappropriate. (shrink)

Moral incontinence (that is, knowing what one ought to do but doing otherwise) has often been explained in terms of psychological incapacity/inability (that is, “ought but can’t”). However, Socrates and others have argued that, whenever it is physically possible to act, there can be no rupture between judgment and behavior and therefore there are no instances of “ought but can’t”.The analysis that follows will conclude either that Socrates was correct in holding that there are no ruptures between judgment and (...) behavior or that, if there are such ruptures, then explanations in terms of psychological incapacity/inability are inappropriate. (shrink)

While the decision of the House of Lords in Re F in [1990] clarified somewhat the law concerning the treatment of the mentally incapacitated adult, many uncertainties remained. This paper explores proposals discussed in a recent government green paper for reform of the law in an area involving many difficult ethical dilemmas.

The central question of the branch of metaethics we may call philosophical moral psychology concerns the nature or essence of moral judgment: what is it to think that something is right or wrong, good or bad, obligatory or forbidden? One datum in this inquiry is that sincerely held moral views appear to influence conduct: on the whole, people do not engage in behaviours they genuinely consider base or evil, sometimes even when they would stand to benefit from it personally. Moral (...) judgments thus appear to be motivationally effective, at least to an extent. This motivational success would be readily explained if they simply were motivationally effective psychological states, such as desires. This is what Hobbes seems to do when he claims that "whatsoever is the object of any man's appetite or desire, that is it which he for his part calleth good; and the object of his hate and aversion, evil."1 But this is far too quick. We know that moral judgments can also fail to lead to corresponding action. For example, since it is conceptually possible – not to mention all too common in the actual world – to think that something is wrong and yet want to do it, thinking that something is wrong cannot simply consist in aversion toward it, unlike Hobbes seems to have thought. In this way, reflection on the various.. (shrink)

Bernard Williams; IV*—Moral Incapacity, Proceedings of the Aristotelian Society, Volume 93, Issue 1, 1 June 1993, Pages 59–70, https://doi.org/10.1093/aristotel.

There has been a time in my teaching career that I used to cite in my introductory classes ‘Moral Philosophy’ from Erica Jong's Fear of Flying . The situation leading up to the quote is that the main character, Isadora, is asked a sexual favour by her brother in law, Pierre. Her answer and the subsequent dialogue read then as follows: ‘I can't’ , I said. ‘Come on,’ Pierre said, ‘I'll teach you.’ ‘I didn't mean that … I meant that (...) I can't; morally , I can…’. (shrink)

Are we Human Beings Unable of God? José Cobo maintains that the worldview of contemporary man does not allow him to believe in the sense that the first Christians believed. And he argues that the main cause of that vision has been the development of empirical science. Here I argue that in reality the cause can best be described as an anthropological error, which carries with it a metaphysical deficit. On the other hand, we rectify certain intellectual resources with which (...) we intend to get out of this situation. (shrink)

The conditional analysis of ability faces familiar counterexamples involving cases of volitional incapacity. An interesting response to the problem of volitional incapacity is to try to explain away the responses elicited by such counterexamples by distinguishing between what we are able to do and what we are able to bring ourselves to do. We argue that this error-theoretic response fails. Either it succeeds in solving the problem of volitional incapacity at the cost of making the conditional analysis (...) vulnerable to obvious counterexamples to its necessity. Or, it avoids the counterexamples to its necessity but fails to solve the problem of volitional incapacity. (shrink)

In this highly original study of the nature of performance, Spencer Golub uses the insights of Ludwig Wittgenstein into the way language works to analyze the relationship between the linguistic and the visual in the work of a broad range of dramatists, novelists, and filmmakers, among them Richard Foreman, Mac Wellman, Peter Handke, David Mamet, and Alfred Hitchcock. Like Wittgenstein, these artists are concerned with the limits of language’s representational capacity. For Golub, it is these limits that give Wittgenstein’s thought (...) a further, very personal significance—its therapeutic quality with respect to the Obsessive Compulsive Disorder from which he suffers. Underlying what Golub calls “performance behavior” is Wittgenstein’s notion of “pain behavior”—that which gives public expression to private experience. Golub charts new directions for exploring the relationship between theater and philosophy, and even for scholarly criticism itself. (shrink)

Eric C. Ip has recently argued that seriously anorexic service users ought to be assumed to be legally incapacitous to refuse life‐saving artificial nutrition unless they can demonstrate otherwise, reversing the ordinary legal presumption in place to protect patients’ liberty and values. In this response, I argue against this proposal on two grounds. Firstly, the proposal is wrongfully discriminatory; it would expose service users to serious harm, and wrong them in numerous ways, on the basis of their diagnosis alone, without (...) significantly benefitting them in any way relative to the status quo. Secondly, he is unable to show that a large majority of such service users actually are incapacitous to refuse life‐saving artificial nutrition. This means that his proposal would likely involve declaring a large number of actually capacitous patients to be incapacitous, without even the requirement of a formal assessment, and burdening them with the responsibility of proving their clinical team wrong if they wish to avoid deprivation of liberty and/or compelled treatment. Given this, his proposal is indefensible. (shrink)

This essay seeks to explain a morally important class of psychological incapacity—the class of what Bernard Williams has called “incapacities of character.” I argue for two main claims: (1) Caring is the underlying psychological disposition that gives rise to incapacities of character. (2) In competent, rational adults, caring is, in part, a cognitive and deliberative disposition. Caring is a mental state which disposes an agent to believe certain considerations to be good reasons for deliberation and action. And caring is (...) a mental state which structures an agent’s practical deliberation, by establishing presumptive boundaries on the landscape of possibilities over which her deliberative imagination ranges. Incapacities of character are a consequence of the structure which these presumptive boundaries give to an agent’s deliberation. (shrink)

The House of Lords in F v West Berkshire Health Authority [1989] considered the lawfulness of providing care and treatment for a mentally incapacitated adult. They did not, however, directly consider the use of restraint to enable the provision of care in the face of resistance from the patient. The law has since had good cause to give consideration to this important issue. This paper establishes the present law in the context of using restraint to deliver care. Although the legal (...) principles established have derived from what might be considered to be “hard cases”, life-and-death cases, they apply to all aspects of routine medical, dental and nursing care. Further, the paper considers the recent government proposals and the effect those proposals may have on the routine care of such patients. (shrink)

One of the most salient objections against paternalism is that it is motivated by a negative judgment about other people’s capacity to advance their own goals and interests. Such a negative judgment, according to this objection, is morally wrong because it denies others the status of moral equals who can rationally set and pursue their own conception of the good. Despite the popularity of this objection, I argue that it misfires because rendering a negative judgment about others’ capacities does not (...) deny them equal moral status when there is sufficient _evidence_ for that judgment. However, I argue that in order to determine if there is sufficient evidence of the agent’s incapacity, we must understand the agent’s reasons for action through a rational discursive exchange with them, instead of taking perceived facts about their behavior as sufficient grounds for a negative (or positive) judgment of their capacities. In fact, I argue that if the outcome of the discursive exchange supports a negative judgment of the agent’s capacities, there is a _pro tanto_ case in favor of paternalistic interference. (shrink)

In his 1972 essay “The Incapacity for Conversation” (“Die Unfähigkeit zum Gespräch”) Gadamer takes up the question of whether changes in society have made it such that we are losing our ability to participate in dialogue. By the end of the essay he argues that this is not the case and that the claim that someone is incapable of dialogue is merely an excuse for not listening to the other person. Over the course of the essay Gadamer provides a (...) clarification of what exactly counts as a conversation and of how conversation is connected to friendship. (shrink)

Are the limits on what we can do, morally speaking—our “moral incapacities” as Bernard Williams calls them—imposed on us from within, by reason itself, or from without, by something other than reason? Do they perhaps have their source in the will, as opposed to reason? In this essay, I argue for a theory of moral incapacity on which our moral incapacities have their source in reason itself. The theory is defended on the grounds that it provides the best explanation (...) of our knowledge of our own moral incapacities. I argue that just as an agent’s reflective commitments play an essential role in the explanation of their knowledge of their moral incapacities, they play an essential role in the explanation of moral incapacities themselves. Since reflective commitments are rational commitments, and rational commitments have their source in reason, moral incapacities have their source in reason itself. The theory of knowledge of moral incapacity offered in this essay draws on elements of Richard Moran’s “deliberative” theory of self-knowledge and elements of that theory are used to offer a theory of moral incapacities which extends and improves on Bernard Williams’ “deliberative” theory of moral incapacities. The resulting theory is then defended against objections and alternatives. (shrink)

This is the first of two papers that examine Charles Peirce’s denial that human beings have a faculty of intuition. The semiotic and epistemo-logical aspects of that denial are well-known. My focus is on its neglected metaphysical aspect, which I argue amounts to the doctrine that there is no determinate boundary between the internal world of the cognizing subject and the external world that the subject cognizes. In the second paper, I will argue that the “objective idealism” of Peirce’s 1890s (...) cosmological series is a more general iteration of the metaphysical aspect of his earlier denial of intuition. (shrink)

Collective moral agents can cause their own moral incapacity. If an agent is morally incapacitated, then the agent is exempted from responsibility. Due to self-induced moral incapacity, corporate responsibility gaps resurface. To solve this problem, I first set out and defend a minimalist account of moral competence for group agents. After setting out how a collective agent can cause its own moral incapacity, I argue that self-induced temporary exempting conditions do not free an agent from diachronic responsibility (...) once the agent regains its moral faculties. For collective agents, any exempting condition is potentially temporary due to the ‘malleability’ of their constitution. Therefore, in cases of self-induced moral incapacity and subsequent wrongdoing, unlike individuals, every collective agent can be (made) morally responsible for its actions even though it did not qualify as a moral agent at the time of wrongdoing. Hence, this is no reason for skepticism concerning corporate responsibility. (shrink)

This is the second of two papers that examine Charles Peirce’s denial that human beings have a faculty of intuition. In the first paper, I argued that in its metaphysical aspect, Peirce’s denial of intuition amounts to the doctrine that there is no determinate boundary between the internal world of the cognizing subject and the external world that the subject cognizes.In the present paper, I argue that, properly understood, the “objective idealism” of Peirce’s 1890s cosmological series is a more general (...) iteration of the metaphysical aspect of his earlier denial of intuition. I also consider whether Peirce continued to deny that there is a definite boundary between the internal and external worlds in the years after the cosmological series. (shrink)

The dilemma of incapacitated patients with acute medical problems who want or try to leave the hospital is a common problem in American clinical ethics. One need only listen to clinicians who work...

The lived body has structures of ability built up over time through habit. Serious illness, injury, and incapacity can disrupt these capacities, and thereby, one’s relationship to the body, and to time itself. This paper focuses attention on a series of healing strategies individuals then employ on the “chessboard” of possibilities intrinsic to lived embodiment. This can include restoring past abilities (pointing to the future to recreate the past); and/or transforming one’s bodily structure or use-patterns, or the external environment, (...) to compensate. With many conditions, including progressive aging, no full rehabilitation is possible. Nevertheless, one can also seek consolation, richness, or hope by remembering the past; anticipating the future; or presencing, that is, living fully in the now. Insofar as past, present, and future are interwoven in one’s life experience, many also meet adversity by a life-story revision, constructing a new narrative to render events meaningful. Some also access a sense of transpersonal timelessness, whether through anticipation of an afterlife, or a sense of the eternal present. There is a literature on the adaptive coping mechanism used by the chronically ill, but with its diverse patient populations, methodologies, and categories, it has proved difficult to systematize. This article suggests that the structures of lived embodiment, as explored by phenomenology, provide a way to understand the modes of wholeness individuals access over time, and in relation to time—what is here termed chronic healing. (shrink)

This article draws on Martha Nussbaum's distinction between basic, internal, and external capacities to better specify possible locations for children's ‘incapacity’ for autonomy. I then examine Maria Montessori's work on what she calls ‘normalization’, which involves a release of children's capacities for autonomy and self-governance made possible by being provided with the right kind of environment. Using Montessori, I argue that, in contrast to many ordinary and philosophical assumptions, children's incapacities for autonomy are best understood as consequences of an (...) absence of external conditions necessary for children to exercise capacities they already have internally, rather than intrinsic limitations based on their stage of life. In a closing section, I show how Montessori proposes a model wherein both children and adults have autonomy, power, and responsibility, but over different spheres, and suggest implications of these differences for who has responsibility for establishing the conditions under which children can flourish. (shrink)

This paper develops Bernard Williams’s claim that moral incapacity – i.e., one’s inability to consider an action as one that could be performed intentionally – ‘is proof against reward’. It argues that we should re-construe the notion of moral incapacity in terms of self-identification with a project, commitment, value, etc. in a way that renders this project constitutive of one’s self-identity. This consists in one’s being insensitive to incentives to reconsider or get oneself to change one’s identification with (...) this project. More precisely, self-identification with a project implies that no state-given reason can justify for oneself reconsidering, or getting oneself to revise, or abandon one’s identification with that project. This view ties together integrity and self-identification, and avoids problems common to competing views: it avoids regress problems faced by hierarchical theories of identification; it demonstrates that integrationist views of identification overlook the fact that a deep, well-integrated attitude may fail to be incentive-insensitive; and it helps explain what’s wrong with ‘perverse’ cases, where one values acting in a way that one does not all things consider value. It also improves on Williams’s own view, by construing moral incapacity not merely in terms of one’s incapacity to perform an action (that undermines one’s project and thus violates one’s integrity), but also in terms of one’s incapacity to reconsider one’s commitment (to said project). (shrink)

Psychopathy has been the subject of investigations in both philosophy and psychiatry and yet the conceptual issues remain largely unresolved. This volume approaches psychopathy by considering the question of what psychopaths lack. The contributors investigate specific moral dysfunctions or deficits, shedding light on the capacities people need to be moral by examining cases of real people who seem to lack those capacities. -/- The volume proceeds from the basic assumption that psychopathy is not characterized by a single deficit--for example, the (...) lack of empathy, as some philosophers have proposed—but by a range of them. Thus contributors address specific deficits that include impairments in rationality, language, fellow-feeling, volition, evaluation, and sympathy. They also consider such issues in moral psychology as moral motivation, moral emotions, and moral character; and they examine social aspects of psychopathic behavior, including ascriptions of moral responsibility, justification of moral blame, and social and legal responses to people perceived to be dangerous. -/- As this volume demonstrates, philosophers will be better equipped to determine what they mean by “the moral point of view” when they connect debates in moral philosophy to the psychiatric notion of psychopathy, which provides some guidance on what humans need in order be able to feel the normative pull of morality. And the empirical work done by psychiatrists and researchers in psychopathy can benefit from the conceptual clarifications offered by philosophy. (shrink)

While it is not explicitly included in capacity assessment tools, “consistency” has come to feature as a central concern when assessing patients’ capacity. In order to determine whether inconsistency indicates incapacity, clinicians must determine the source of the inconsistency with respect to the process or content of a patient’s decision-making. In this paper, we outline common types of inconsistency and analyze them against widely accepted elements of capacity. We explore the question of whether inconsistency necessarily entails a deficiency in (...) a patient’s capacity. While inconsistency may count as _prima_ _facie_ evidence of incapacity—enough evidence to justify a closer look—when making such determinations, it is important for clinicians to slow down, inquire about the reasons underlying the inconsistency and clearly show which of the elements of capacity the patient fails to satisfy. (shrink)

While it is not explicitly included in capacity assessment tools, “consistency” has come to feature as a central concern when assessing patients’ capacity. In order to determine whether inconsistency indicates incapacity, clinicians must determine the source of the inconsistency with respect to the process or content of a patient’s decision-making. In this paper, we outline common types of inconsistency and analyze them against widely accepted elements of capacity. We explore the question of whether inconsistency necessarily entails a deficiency in (...) a patient’s capacity. While inconsistency may count as prima facie evidence of incapacity—enough evidence to justify a closer look—when making such determinations, it is important for clinicians to slow down, inquire about the reasons underlying the inconsistency and clearly show which of the elements of capacity the patient fails to satisfy. (shrink)

Fogelin’s Wittgensteinian view of deep disagreement as allowing no rational resolution has been criticized from both argumentation theoretic and epistemological perspectives. These criticisms typically do not recognize how his point applies to the very argumentative resources on which they rely. Additionally, more extremely than Fogelin himself argues, the conditions of deep disagreement make each position literally unintelligible to the other, again disallowing rational resolution. In turn, however, this failure of sense is so extreme that it partly cancels its own meaning (...) as a failure of sense. Consequently, it paradoxically opens new possibilities for sense and therefore rationally unexpected resolutions. (shrink)

The Southern Journal of Philosophy, EarlyView.

ABSTRACTRespect in morally and culturally critical situations during military missions is complex and loaded with ambiguity. Respect seems a desirable and positive cross-cultural competence. It is assumed and expected that respectful action serves the objectives of the mission and contributes to the perceived legitimacy of the military. However, by respecting ‘the others’ culture’ too much, one can neglect one's own values and sideline one's own ethical point of view. We conducted a qualitative study in which we extracted 121 morally and (...) culturally critical situations from 29 in-depth interviews with Dutch soldiers who have been deployed to, for them, unfamiliar cultural settings. The findings of this study reveal, firstly, that soldiers who refer to ‘culture’ as a reason for their own behaviour in morally and culturally critical situations encountered during deployments are less likely to intervene even though these situations conflict with their own values. This could be considered to be a sort of ethic.. (shrink)

Le sentenze che oggi vengono pronunciate contro i criminali psicopatici evitano accuratamente di far leva su considerazioni “morali”. Solitamente l’attribuzione di responsabilità morale ai criminali si basa spesso sul concetto cognitivo di infermità mentale, in maniera tale che il giudizio morale sulla condotta morale dei “criminali psicopatici” in questi casi venga tendenzialmente sterilizzato. La posizione che qui vorrei proporre individua oscurità e limiti epistemici nelle teorie e nei metodi correntemente impiegati nelle società occidentali per alleggerire le responsabilità morali, le quali, (...) pertanto, risultano in parte inaffidabili. Per supportare questa conclusione intendo far leva sui miei più recenti studi di carattere cognitivo, vertenti sulla dimensione plurale dei contesti morali, sulla co-evoluzione geni/nicchia cognitiva e sul concetto di libero arbitrio. (shrink)