In Child versus Childmaker Melinda Roberts provides an enlightening analysis and a cogent defense of a version of the person-affecting restriction in ethics. The rough idea of this restriction is that an action, state of affairs, or world, cannot be wrong, or bad, unless it would wrong, or be bad for, someone. I shall focus solely on Roberts’s core principles, and thus shall not address her interesting chapter-length discussions of wrongful life cases and of human cloning cases. The person-affecting (...) intuition can be spelled out in a deontic and in an axiological form: -/- Deontic Person-Affecting Restriction: An action, state of affairs, or world is wrong only if it would wrong someone. Axiological Person-Affecting Restriction: An action, state of affairs, or world is worse than another only if it is worse for someone. -/- Roberts develops and defends the deontic version of the person-affecting restriction. Indeed, as her discussion (and those of others) makes clear, it is quite unlikely that there is a coherent version of the axiological form of the intuition (e.g., because of problems of transitivity). Roberts rightly rejects any appeal to impersonal ranking of worlds, and appeals only to the (many) personal rankings of worlds of the individuals involved. Roberts defends the view that worlds in which a person does not exist can be ranked in terms of that person’s well-being (how good that world would be for him/her) along with the worlds in which he/she does exist. Worlds in which the person has a life worth living are ranked more highly for that person than worlds in which he/she doesn’t exist (along with some worlds with indifferent existence), and the latter worlds are ranked more highly than worlds in which the person exists but doesn’t have a life worth living. Although this is somewhat controversial (some would deny that we can assess how good a world is for a person who doesn’t exist in it), it seems exactly right to me. Throughout I shall assume, as does Roberts, that non-existence has a value of zero (and thus that lives worth living have positive values, and that lives not worth living have negative values). In what follows I shall formulate Roberts’s theory as a theory of the permissibility of actions. In most of the book, Roberts formulates her theory as one of the permissibility of worlds, but, as I shall argue below, such assessments have little normative relevance, since they ignore the probabilities of realization (which depend on what actions are performed). The core of Roberts’s theory is just as plausible, and in some ways more powerful, when (as is sometimes the case in the book) it takes actions to be the objects of assessment. To start with, however, I shall make a highly restrictive assumption (not made by Roberts) that will effectively eliminate the difference between assessing actions and assessing worlds within the sort of welfaristic consequentialist framework that Roberts presupposes. I shall assume that if a given action were performed, then a specific world would be realized. We shall assume, that is, that there are no uncertainties involved. Everything is completely determined by which of the feasible actions is performed. Later in this paper, I will address the problems that arise once this simplifying assumption is dropped. (shrink)

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)

Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others (...) can be duties of justice, whereas positive duties (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (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)

For years business ethics has limited the moral duties of enterprises to negative duties. Over the last decade it has been argued that positive duties also befall commercial agents, at least when confronted with large scale public problems and when governments fail. The argument that enterprises have positive duties is often grounded in the political nature of commercial life. It is argued that agents must sometimes take over governmental responsibilities. The German republican tradition (...) argues along these lines as does Nien-Hé Hsieh. Agents in commercial life are bound by positive duties because at some point they become citizens that must take on the responsibilities of the state. In this paper we leave undisputed the claim that corporations must acknowledge positive duties. However, we demonstrate that the political grounding fails, at least in the sense that this theory insufficiently acknowledges a long standing liberal tradition that vindicates apolitical markets and clear borderlines between politics and economics. We carve out an alternative route to the grounding of one specific positive duty—the duty to further justice. Our argument is based on the moral nature of commercial agents and tries to demonstrate that the duty to further justice ensues from liberalism. Taking a Kantian perspective, it conceptualizes the duty to further justice as a moral duty, orientated toward the political domain. It is grounded in the obligation to attain moral autonomy in the civil condition. (shrink)

InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or benevolent person (...) would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions. (shrink)

Yasha Rohwer and Emma Marris argue that we do not have a prima facie duty to preserve the genetic integrity of species. Rohwer and Marris take the duty to preserve genetic integrity as being equal...

In World Poverty and Human Rights, Thomas Pogge argues that the global rich have a duty to eradicate severe poverty in the world. The novelty of Pogges approach is to present this demand as stemming from basic commands which are negative rather than positive in nature: the global rich have an obligation to eradicate the radical poverty of the global poor not because of a norm of beneficence asking them to help those in need when they can at (...) little cost to themselves, but because of their having violated a principle of justice not to unduly harm others by imposing on them a coercive global order that makes their access to the objects of their human right to subsistence insecure. In this paper, I claim that although Pogge is right in arguing that negative duties are crucial in an account of global justice, he is wrong in saying that they are the only ones that are crucial. Harming the global poor by causing their poverty provides a sufficient but not a necessary condition for the global rich to have a duty of justice to assist them. After engaging in a critical analysis of Pogges argument, I conclude by suggesting the need for a robust conception of cosmopolitan solidarity that includes positive duties of assistance which are not mere duties of charity, but enforceable ones of justice. (shrink)

Negative duties are duties not to perform an action, while positive duties are duties to perform an action. This article focuses on the question of who holds the positive duties correlative to human rights. I start by outlining the Universal Scope Thesis, which holds that these duties fall on everyone. In its support, I present an argument by analogy: positive and negative duties correlative to human rights perform the (...) same function; correlative negative duties are generally thought to be universal; by analogy, we have reason to think that positive duties are held by everyone. I then consider three disanalogies that challenge the above argument. To address these worries, I introduce the notion of ‘aggregative duties’ – duties that can only be adequately grasped when we focus on the aggregate effect of the actions and omissions of different agents. This framework allows me to refine the initial thesis and address the objections. (shrink)

In the literature on global justice, there has been a lengthy debate about what the world’s rich owe to the world’s poor. Some have argued that rich individuals have positive duties of beneficence to help the poor, while others have argued that rich individuals only have negative duties not to harm them. A common objection to the former view is that once it is accepted that positive duties exist, fulfilling these duties will be (...) overdemanding since rich individuals can almost always help a little more. Some have tried to overcome this overdemandingness objection by setting cut-off points for how demanding morality is. In this article, we aim to show that it is problematic to be committed to the following propositions: (1) Positive duties to aid exist; (2) The overdemandingness objection is a serious challenge for anyone who accepts that positive duties to aid exist; and (3) Setting cut-off points for how demanding morality is constitutes a plausible way to overcome the overdemandingness objection. Showing that a commitment to (1), (2) and (3) is problematic is of interest given that several influential theorists are committed to this set of views. This set of views is simply a bad theoretical cocktail. (shrink)

This article considers two prominent, competing approaches to defining the scope of business responsibility for human rights. The first approach advocates extension of business responsibility beyond the boundaries of the enterprise to encompass broader ' spheres of influence'. The second approach advocates a business ' responsibility to respect* human rights (but not a ' positive* duty to protect, promote or fulfil rights).Building on a critical evaluation of these competing accounts of business responsibility, this article outlines a modified account, referred (...) to as a framework of ' spheres of responsibility*. On such an account, business responsibility for human rights outcomes is conceptualised not only in relation to direct ' harms' imposed by business, but also in relation to corporate influence over broader relationships and institutions that shape and constrain the substantive realisation of human rights. (shrink)

BackgroundParole officers are one of many actors in the legal system charged with interpreting and enforcing the law. Officers not only assure that parolees under their supervision comply with the terms of their release, but also monitor and control parolees’ criminal behavior. They conduct their jobs through their understanding of their official mandate and make considered and deliberate choices while executing that mandate. However, their experiences as legal actors may impact their implicit cognitions about parolees. This experiment is the first (...) of its kind to examine implicit associations between the self and parolees among actors of the legal system.ObjectiveThe present study examines the implicit cognitive consequences of the quality of the parole officer-parolee relationship from the perspective of the parole officer; specifically, whether parole officers who are reminded of positive experiences with parolees implicitly associate more with the group parolees than those reminded of a negative experience. In addition, we explore the moderating effects of parole officers’ subjective professional orientation and identification.MethodEighty-four New Jersey parole officers participated in the study. First, an experimental manipulation of either a past positive or negative experience was administered via a writing task. Participants then completed an Implicit Association Test to measure associations between the self-concept of parole officers with parolees who are part of the group criminal, followed by measures of professional orientation and identification.ResultsParticipants who were reminded of a positive experience with a parolee exhibited stronger associations between self and the group parolee when compared to those who were reminded of a negative experience. Neither professional orientation nor parole officer group identification were related to implicit associations and did not moderate the effect of the past experience reminder on implicit associations.Conclusion and ImplicationsImplicit cognitions of parole officers may influence their behaviors and interactions with those whom they supervise. Positive reminders affect implicit self-associations with parolees presumably via empathy, which is known to affect the quality of therapeutic and supervision relationships; thus, theoretically, leading to improved outcomes for both officers and parolees. (shrink)

On the basis of two large scale diary studies (n = 2022, n = 762) We study differences in the effects of dispositions and situations in the formation of positive and negative retrospective affect (retrospective-PA and retrospective-NA, respectively), the affect associated with extended (e.g. daily) experiences, as opposed to very short (episodic) experiences. We suggest that the differences between retrospective-PA and retrospective-NA is due to the fact that positive retrospective evaluation (i.e. the evaluation of positive retrospective (...) affect) involves primarily top-down processing, in which people resort to their dispositions in making these evaluations, whereas negative retrospective evaluation (the evaluation of negative retrospective affect) is primarily based on the cumulative affects of individual experiences. (shrink)

Two main types of philosophical arguments have been given in support of the claim that the citizens of affluent societies have stringent moral duties to aid the global poor: “positive duty” arguments based on the notion of beneficence and “negative duty” arguments based on noninterference. Peter Singer’s positive duty argument (Singer 1972) and Thomas Pogge’s negative duty argument (Pogge 2002) are among the most prominent examples. Philosophers have made speculative claims about the relative effectiveness of (...) these arguments in promoting attitudes and behaviors that could lead to the alleviation of poverty. In this article we present the results of two empirical studies that evaluate these claims, and suggest that both arguments have a modest effect on people’s attitudes and behaviors regarding global poverty. In a replication of the second study, the negative duty argument, in particular, had a statistically significant effect on donations. We discuss the theoretical and practical significance of these results and suggest directions for further research on the role that philosophical arguments can play in engendering concern and action on pressing moral problems. (shrink)

Do we violate human rights when we cooperate with and impose a global institutional order that engenders extreme poverty? Thomas Pogge argues that by shaping and enforcing the social conditions that foreseeably and avoidably cause global poverty we are violating the negative duty not to cooperate in the imposition of a coercive institutional order that avoidably leaves human rights unfulfilled. This article argues that Pogge's argument fails to distinguish between harms caused by the global institutions themselves and harms caused (...) by the domestic policies of particular states and collective action problems for which collective responsibility cannot be assigned. The article also argues that his position relies on questionable factual and theoretical claims about the impact of global institutions on poverty, and about the benefits and harms of certain features of these institutions. Participation in, and benefit from, global institutions is unlikely to constitute a violation of our negative duties towards the poor. Key Words: justice • international regimes • institutions • human rights • trade. (shrink)

According to Axel Honneth, Adorno's very idea of social critique is self‐defeating. It tries to account for what is wrong, deformed, or pathological without providing any positive yardstick. Honneth's idea of critique is a diagnosis of chronic dysfunctions in the relations of recognition upon which the society in question is grounded. Under such conditions of misrecognition, institutions that embody what he calls social freedom regress to negative freedom. However, such a deficit‐based notion of critique does not square with (...) Honneth's own diagnosis of our present: namely, the transformation from welfare capitalism to neoliberalism. In fact, Honneth's diagnosis is very much in line with Adorno's idea of late capitalism as a society of “total integration.” Adorno's matching conception of critique, it is argued, avoids the problems Honneth runs into. At the basis of Adorno's critical idiom are two key points: an explanation of how social relations can be functional while contradictory and an account of social domination that is diffused throughout society while being differentially experienced by different classes. Adorno's answer to Honneth's concern, regarding the lack of a positive yardstick, is that it is domination that gives meaning to our idea of freedom, rather than the other way around. (shrink)

In ethics, it is commonly supposed that we have both positive duties and negative duties, things we ought to do and things we ought not to do. Given the many parallels between ethics and epistemology, we might suppose that the same is true in epistemology, and that we have both positive epistemic duties and negative epistemic duties. I argue that this is false; that is, that we have negative epistemic duties, (...) but no positive ones. There are things that we ought not to believe, but there is nothing that we ought to believe, on purely epistemic grounds. I also consider why the parallels between ethics and epistemology break down at this particular point, suggesting that it is due to what I call the infinite justificational ‘fecundity’ of perceptual and propositional evidence. (shrink)

In Reinach’s works one finds a very rich ontology of states of affairs. Some of them are positive, some negative. Some of them obtain, some do not. But even the negative and non-obtaining states of affairs are absolutely independent of any mental activity. Now in spite of this claim of the “ontological equality” of positive and negative states of affairs there are, according to Reinach, massive epistemological differences in our cognitive access to them. Positive (...) states of affairs could be directly “extracted” from our experience while to acquire a negative belief we must pass a quite complicated process starting with certain positive beliefs. A possible and reasonable explanation of this discrepancy would be a theory to the effect that these epistemological differences have their basis in the ontology of the entities in question. Our knowledge of the negative states of affairs is essentially dependent on our knowledge of the positive ones precisely because the negative states of affairs are ontologically dependent on the positive ones. Such a theory has been in fact formulated by Roman Ingarden. According to him negative states of affairs supervene on some positive ones and on certain mental acts of the conscious subjects. (shrink)

The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and (...) negative if they only allow one fulfilment option. These delineation criteria allow for a more consistent reconstruction of case law and point to a causal mechanism for alleged asymmetries in proportionality review and margins of appreciation. Lastly, there are revisionary implications for human rights scholarship. Judgments have been sorted as positive rights cases because they feature a requirement that states commit to legislative amendment, yet performative acts of amendment may be continuous with underlying negative duties. (shrink)

I apply Karl Popper’s conception of critical rationality to the question of personal fulfilment. I show that such fulfilment normally depends upon the person achieving positive freedom, and that positive freedom requires negative freedom, including freedom of expression. If the state has legitimacy, its central duty must be the enforcement of those rules that provide the best prospects for personal fulfilment for the people under its jurisdiction. The state is therefore morally debarred from suppressing freedom of expression. (...) I consider and rebut arguments from falsity, harm, offence, and democratic principles, which are intended to show that the state should prohibit the expression of some types of content. I go on to argue that typical university speech codes are incompatible with the aims of an institution of higher education. (shrink)

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him (...) to shift illicitly between negative and positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)

While it is commonly accepted that corporations have negative duties to respect human rights, the question of whether rights also imply positive duties for corporations is contentious. The recent reports of the United Nations special representative on business and human rights contend that corporations do not have positive duties, but the arguments this is based on are flawed from an ethical point of view. In particular, the reports fail to consider the implications of interactions (...) between corporations and states. For rights to be secured, corporations may face duties to use their power to pressure governments into performing their assigned duties, and duties not to undermine the role of the government. The interaction of corporations and governments also has implications for choosing effective instruments to advance human rights. International initiatives that do not take this interaction into account will be ineffective or, at worst, counterproductive. (shrink)

While it is commonly accepted that corporations have negative duties to respect human rights, the question of whether rights also imply positive duties for corporations is contentious. The recent reports of the United Nations special representative on business and human rights contend that corporations do not have positive duties, but the arguments this is based on are flawed from an ethical point of view. In particular, the reports fail to consider the implications of interactions (...) between corporations and states. For rights to be secured, corporations may face duties to use their power to pressure governments into performing their assigned duties, and duties not to undermine the role of the government. The interaction of corporations and governments also has implications for choosing effective instruments to advance human rights. International initiatives that do not take this interaction into account will be ineffective or, at worst, counterproductive. (shrink)

ABSTRACT In Berkeley’s Passive Obedience, moral duties are negative and positive as well as civil or legal and natural. Natural duties are from God and therefore valid norms. The supreme civil authority makes civil laws. We must obey the law because loyalty to supreme civil power is one of our natural duties: to be loyal is to obey, which means ‘do not rebel.’ This is a negative duty and as such categorical or unconditional. (...) class='Hi'>Positive duties are conditional on conscientious acceptance. I show in detail how this system of norms and duties works. These key ideas have not been studied in detail before. Next, can we criticize Berkeley’s unquestioning acceptance of chattel slavery if we apply his own notion of duties to it? The slave laws are necessarily evil, and hence they, according to Berkeley’s own doctrine, cannot be accepted. But first we need a clear conception of his idea of conscience and, a fortiori, conscientious objection and its legitimate scope. This paper fills the gap and helps us understand Passive Obedience better. (shrink)

In response to widespread voter ignorance, Jason Brennan argues for a voting ethics that can be summarized as one negative duty: do not vote badly. The implication that abstaining is always permissible entails no incentive for citizens to become competent voters or to vote once competent. Following the Condorcet Jury Theorem, this can lead to suboptimal outcomes, suggesting that voter turnout should concern instrumentalist epistemic accounts of democratic legitimacy. This could be addressed by adding two positive voting (...) class='Hi'>duties: to make an effort to become a competent voter; and, once competent, to vote. (shrink)

Increasingly firm rejections of the distinction between positive and negative human rights as incoherent have created a gap between theory and practice, as well as tensions within legal doctrinal and philosophical literature. This article argues that the distinction can be preserved by means of a structural account of the interaction of duties within human rights, anchored in case law on the right to freedom of assembly in Article 11, the right to free elections in Article 3 of (...) Protocol 1, and the right to security as enshrined in Articles 2, 3, 5, and 8 of the European Convention on Human Rights. (shrink)

ABSTRACTThe negativity bias is the tendency for individuals to give greater weight, and often exhibit more rapid and extreme responses, to negative than positive information. Using the Deese-Roediger-McDermott illusory memory paradigm, the current study sought to examine how the negativity bias might affect both correct recognition for negative and positive words and false recognition for associated critical lures, as well as how trait neuroticism might moderate these effects. In two experiments, participants studied lists of words composed (...) of semantic associates of an unpresented word. Half of the lists were comprised of positive words and half were comprised of negative words. As expected, individuals remembered negative list words better than positive list words, consistent with a negativity bias in correct recognition. When tested immediately, individuals also exhibited greater false memory for negative versus positive critical lures. When tested after a 24-hr delay... (shrink)