This paper responds to the Radical Behavioral Challenge to normative business ethics. According to RBC, recent research on bounded ethicality shows that it is psychologically impossible for people to follow the prescriptions of normative business ethics. Thus, said prescriptions run afoul of the principle that nobody has an obligation to do something that they cannot do. I show that the only explicit response to this challenge in the business ethics literature is flawed because it limits normative business ethics to condemning (...) practitioners’ behavior without providing usable suggestions for how to do better. I argue that a more satisfying response is to, first, recognize that most obligations in business are wide-scope which, second, implies that there are multiple ways of fulfilling them. This provides a solid theoretical grounding for the increasingly popular view that we have obligations to erect institutional safeguards when bounded ethicality is likely to interfere with our ability to do what is right. I conclude with examples of such safeguards and some advice on how to use the research findings on bounded ethicality in designing ethical business organizations. (shrink)

This chapter examines an evidentialist ethics of belief, and W. K. Clifford’s proposal in particular. It argues that regardless of how one understands the notion of evidence, it is implausible that we could have a moral obligation to refrain from believing something whenever we lack sufficient evidence. Alternatively, this chapter argues that there are wide-scope conditional requirements on beliefs but that these requirements can be met without having sufficient evidence for the belief in question. It then argues that (...) we are epistemically, though not morally, required to form epistemically valuable beliefs. However, these beliefs, too, need not be beliefs for which we have sufficient evidence—epistemically good beliefs need not be based on sufficient evidence. (shrink)

The nature of the special obligation that a child has towards her parent(s) is widely discussed in Confucianism. It has also received considerable discussion by analytic commentators. This essay compares and contrasts the accounts of filial obligation found in the two philosophical traditions. The analytic writers mentioned above have explored filial obligations by relating them to other special obligations, such as obligations of debt, friendship, or gratitude. I examine these accounts and try to uncover the implicit assumptions (...) therein about the scope and nature of such filial obligations. I then similarly examine Confucian filial obligations (CFOs) by relating them to these other special obligations of debt, gratitude, and so on. My findings are used to highlight crucial differences in the scope and conception of filial obligations in these two traditions. (shrink)

Background “Crisis military deployment” was defined as a situation in which military personnel are suddenly ordered to duty to support an operation away from their home station and in a potentially dangerous environment. As a result of complex changes in the global political and economic landscape, military nurses are assuming an increasing number of crisis military deployment tasks. Moral distress has been widely studied among civilian nurses. However, little is known about the moral distress military nurses experience during military deployments (...) in crisis. Aim This review discussed the current state of research on the phenomenon, unique factors, specific sources, and measurement tools. Methods The scope of the study was defined using a framework developed by Arksey and O’Malley. Following English databases were searched: PubMed, CINAHL, Cochrane Library, Web of Science, and Embase, using MeSH terms and free word combinations; furthermore, Chinese databases: CNKI and CBMDisc, were explored using thematic terms from inception until January 20, 2023. Data were selected and defined by the inclusion and exclusion criteria and independently screened by two researchers. Ethical considerations The scoping review adhered to sound scientific practice and respected authorship and reference sources. Results Finally, 21 articles were included in the review. The moral distress of military nurses in crisis military deployments had unique and specific sources and reported positive aspects. The deployment environment and nature of the mission, responsibilities and obligations of military nurses, and the limited rights of patients were unique factors. Specific sources included third-party intervention, military triage, resource allocation, futile care, care of the enemy, and return to the battlefield. Military nurses in deployment reported positive aspects. They grow in their inner strength, build deep friendships and gain a greater sense of professional value. Conclusion It is important to understand the unique factors and specific sources of moral distress faced by military nurses in crisis military deployments and to identify the positive aspects. This research will help prepare military nurses for future deployments in advance by providing useful information to mitigate and eliminate moral distress. (shrink)

In this article, I provide a new account of the basis of medical researchers' ancillary care obligations. Ancillary care in medical research, or medical care that research participants need but that is not required for the validity or safety of a study or to redress research injuries, is a topic that has drawn increasing attention in research ethics over the last ten years. My view, the relationship-based approach, improves on the main existing theory, Richardson and Belsky's ‘partial-entrustment model’, by (...) avoiding its problematic restriction on the scope of health needs for which researchers could be obligated to provide ancillary care. Instead, it grounds ancillary care obligations in a wide range of morally relevant features of the researcher-participant relationship, including the level of engagement between researchers and participants, and weighs these factors against each other. I argue that the level of engagement, that is, the duration and intensity of interactions, between researchers and participants matters for ancillary care because of its connection to the meaningfulness of a relationship, and I suggest that other morally relevant features can be grounded in researchers' role obligations. (shrink)

In this article, I provide a new account of the basis of medical researchers' ancillary care obligations. Ancillary care in medical research, or medical care that research participants need but that is not required for the validity or safety of a study or to redress research injuries, is a topic that has drawn increasing attention in research ethics over the last ten years. My view, the relationship‐based approach, improves on the main existing theory, Richardson and Belsky's ‘partial‐entrustment model’, by (...) avoiding its problematic restriction on the scope of health needs for which researchers could be obligated to provide ancillary care. Instead, it grounds ancillary care obligations in a wide range of morally relevant features of the researcher‐participant relationship, including the level of engagement between researchers and participants, and weighs these factors against each other. I argue that the level of engagement, that is, the duration and intensity of interactions, between researchers and participants matters for ancillary care because of its connection to the meaningfulness of a relationship, and I suggest that other morally relevant features can be grounded in researchers' role obligations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Managed Health Care: New Ethical Issues for All*Martina Darragh (bio) and Pat Milmoe McCarrick (bio)Changes in the way that health care is perceived, delivered, and financed have occurred rapidly in a relatively short time span. The 50-year period since World War II encompasses enormous growth in medical technology, soaring health care costs, and significant fragmentation of the two-party patient- physician relationship. This relationship first grew to include the third-party (...) payer, the health insurance industry, and now “with great speed and relatively little public awareness, a significant change has occurred in the way some decisions are made about a patient’s medical care” (III, Institute of Medicine 1989).The new means of providing health care bring an increasing number of parties into clinical decision-making processes. With this change, ethical issues that once concerned only health care professionals, the physician or the nurse, have expanded to include the patient and the groups who “manage” care—e.g., health maintenance organizations (HMOs), preferred provider organizations (PPOs), point of service groups (POSs), independent practice associations (IPAs), insurance reviewers, hospital administrators, institutional managers, and, the most recent players, purchasers of group health care who base their decisions on competitive pricing.The term “managed care” refers to a variety of continually adapting and developing arrangements that involve four groups. These groups, which have been labeled by the world of business, not health, are the “consumer” (once the patient), the “provider” (the physician and other health care professionals), the “insurer” (the reimburser for any care), and the “purchaser of care” or the primary buyer of health services (the large employer organization). Capitation is a common way to pay for health services in managed care systems. A certain dollar amount is negotiated for health services for a specified number of patients whether the care is delivered or not; the provider shares with the [End Page 189] insurer any financial risk for the actual cost of care (III, Centers for Disease Control 1995).When the Clinton administration’s health care reform movement failed to gain support in the U.S. Congress, the use of managed care to control rising health care costs accelerated. The literature on managed care and its effect on the patient-physician relationship reflects this shift. During the era of health care reform, “debate centered on how managed care could control costs, on the use of technology and patient satisfaction, [and] on access and barriers to care” (IV, Emanuel and Dubler 1995). When managed care organizations began contracting with physicians to provide health care services subject to the plans’ provisions, these plans became agents in clinical decision making on a wide-spread basis. HMO enrollment grew to 51 million persons by 1994 (III, Centers for Disease Control 1995). This “corporatization” of health care has sparked a plethora of articles about the effects of the marketplace on the physician’s ability to do what is best for the patient, and on the patient’s ability to trust the physician to do so.Many authors make it clear that managed care itself is not the problem, but rather the development of for-profit managed care plans by “corporate conglomerates with billions of dollars in assets that compensate their executives as grandly as basketball players” (V, Kassirer 1995) “in a marketplace that is largely unregulated” (I, Zoloth-Dorfman and Rubin 1995). “Some, mostly older plans that were created when cost containment was an unexpected benefit rather than their central purpose, deliver high-quality care economically. Unfortunately, others cut costs by recruiting the healthiest patients, excluding the sickest, rationing care by making it inconvenient to obtain, and denying care by a variety of mechanisms” (V, Kassirer 1995).These cost-containment features now play an intimate role in clinical practice. When a managed care plan contracts with a physician, the doctor becomes a “double agent” with contractual obligations to the plan to provide a preset amount of services and professional responsibilities to each patient to authorize necessary treatment (V, Angell 1993). This duality can undermine the physician’s fiduciary responsibility to the patient wherein the physician “has power over the affairs of [the patient]...and is required by law to act on that person’s... (shrink)

Institutional investors control almost 60% of all assets under management worldwide and encompass a wide variety of organizations. Despite this reach, however, institutional investors have not received the normative scrutiny they merit beyond general discussions around their legally grounded fiduciary obligations to their beneficiaries. This paper offers a discussion of institutional investor ethical obligations in light of their specific attributes. We propose that the different characteristics of institutional investors and the diverse roles they play in the marketplace (...) inform the scope of their activities, and, in turn, the different ways in which their basic ethical obligations can be fulfilled. (shrink)

Contemporary philosophers often construe mercy as a supererogatory notion or a matter of punitive leniency. Yet it is false that no merciful actions are obligatory. Further, it is questionable whether mercy is really about punitive leniency, either exclusively or primarily. As an alternative to these accounts, I consider the view offered by St. Thomas Aquinas. He rejects the claim that we are never obligated to be merciful. Also, his view of mercy is not restricted to legal contexts. For him, mercy's (...) scope is considerably broader, as it concerns a wide range of needs and hardships to which human beings are vulnerable. Such a view, I submit, affords a kind of normative depth lacking in many contemporary accounts. Unlike those views that construe mercy as either a supererogatory or legal concept, Aquinas's account illuminates mercy's obligatory nature and encourages us to make mercy a more salient fixture of our moral lives. (shrink)

This paper offers a critical assessment of the way the influential “conception of law as a shared activity” explains the normative component of law in general and legal obligation in particular. I argue that the conception provides a bipartite account of legal obligation: we have full-blooded legal obligation, carrying genuine practical force, and legal obligation in a perspectival sense, the purpose of which is not to engage with us in practical reasoning, but simply to state what we ought to do (...) if we should take the perspective of individuals subject to the jurisdiction of the legal system. This structural feature makes the whole account disjointed, giving it a lack of unity from which stem what I take to be its three main problems, namely, its limited scope, its failure to recognize the moral features of obligation when made to arise out of law as a shared activity, and its failure to illustrate the sense in which law is widely recognized to be a practical institution. (shrink)

The principle of procreative beneficence, first suggested by Julian Savulescu, argues that: If couples have decided to have a child, and selection is possible, then they have a significant moral reason to select the child, of the possible children they could have, whose life is expected, in light of the relevant available information, to go best or at least not worse than any of the others. While the validity of this moral principle has been widely contested, in this paper we (...) move away from these issues and grant, for the sake of argument, that PB is a valid moral principle, and that the justification for PB provided by Savulescu and co-authors is sound. We do this in order to explore the implications and consequences of accepting PB and show that even if we put aside questions about the validity and theoretical foundations of this principle, PB has many interesting, astonishing and highly problematic implications that have not been made explicit in the writing of Savulescu and others who support the notion of an obligation to bring to birth the best child possible :204, 2002). We suggest that these implications should be taken into account when considering both the soundness and strength of PB. (shrink)

The Wide-Scope approach to instrumental reason holds that the requirement to intend the necessary means to your ends should be understood as a requirement to either intend the means, or else not intend the end. In this paper I explain and defend a neglected version of this approach. I argue that three serious objections to Wide-Scope accounts turn on a certain assumption about the nature of the reasons that ground the Wide-Scope requirement. The version (...) of the Wide-Scope approach defended here allows us to reject this assumption, and so defuse the objections. (shrink)

I make the observation that English sentences such as “You have reason to take the bus or to take the train” do not have the logical form that they superficially appear to have. I find in these sentences a conjunctive use of “or,” as found in sentences like “You can have milk or lemon in your tea,” which gives you a permission to have milk, and a permission to have lemon, though no permission to have both. I argue that a (...) confusion of genuine disjunctions with sentences of the above form has motivated the mistaken acceptance by some philosophers of principles like the one I call “Liberal Transmission.” This is the principle that if you have a reason to do something, then you have a reason to do it in each of the possible ways in which it can be done (though not more than one of them). I argue that Liberal Transmission and its close relatives are false. Wide-scope reasons are defined as reasons that have a conditional or other logical connective within the scope of the reason operator. For example, a wide-scope instrumental reason might be: reason(if you have an end, take the means). By refuting Liberal Transmission, I show that you could have wide-scope instrumental reasons like this while nevertheless lacking any narrow-scope reason to take the means, or narrow-scope reason to not have the end. This enables me to respond to two major objections to the wide-scope approach to the instrumental principle that have been developed by Joseph Raz and by Niko Kolodny. (shrink)

The paper proposes a novel account to the problem of exceptional scope (ES) of (in)definites, e.g. the widest and intermediate scope readings of the sentence Every student of mine read every poem that a famous Romanian poet wrote before World War II. We propose that ES readings are available when the sentence is interpreted as anaphoric to quantificational domains and quantificational dependencies introduced in the previous discourse. For example, the two every quantifiers and the indefinite elaborate on the (...) sets of individuals and the correlations between them introduced by a previous sentence like Every student chose a poet and read every poem written by him (for the intermediate scope reading) or a sentence like Every student chose a poet - the same poet - and read every poem written by him (for the widest scope reading). Our account, formulated within a compositional dynamic system couched in classical type logic, relies on two independently motivated assumptions: (a) the discourse context stores not only (sets of) individuals, but also quantificational dependencies between them, and (b) quantifier domains are always contextually restricted. Under this analysis, (in)definites are unambiguous and we do not resort to movement or special storage mechanisms, nor do weposit special choice-functional variables. (shrink)

Deontological evidentialism is the claim that we ought to form and maintain our beliefs in accordance with our evidence. In this paper, I criticize two arguments in its defense. I begin by discussing Berit Broogard’s use of the distinction between narrow-scope and wide-scope requirements against W.K. Clifford’s moral defense of. I then use this very distinction against a defense of inspired by Stephen Grimm’s more recent claims about the moral source of epistemic normativity. I use this distinction (...) once again to argue that Hilary Kornblith’s criticism of Richard Feldman’s defense of is incomplete. Finally, I argue that Feldman’s defense is insensitive to the relation between normative requirements and privileged values: values that have normative authority over us. (shrink)

This paper argues, on the basis of data from St'át'imcets (Lillooet Salish), for a theory of wide-scope indefinites which is similar, though not identical, to that proposed by Kratzer (1998). I show that a subset of S'át'imcets indefinites takes obligatory wide scope with respect to if-clauses, negation, and modals, and is unable to be distributed over by quantificational phrases. These wide-scope effects cannot be accounted for by movement, but require an analysis involving choice functions (...) (Reinhart 1995, 1997). However, Reinhart's particular choice function analysis is unable to account for the St'át'imcets data. A Kratzer-style theory, on the other hand, accounts not only for the wide-scope effects, but also for the emergence of narrower-than-widest interpretations for indefinites which contain bound variables. I depart from Kratzer's analysis in claiming that St'át'imcets choice function indefinites are not 'specific'; the discourse context does not provide a value for the function variable. Therefore, I utilize wide- scope existential closure over choice functions rather than leaving the variables free. However, my analysis provides support for Kratzer's claim that English indefinites are ambiguous between a choice function interpretation and a quantificational interpretation, since St'át'imcets determiners overtly encode the English ambiguity. I conclude by suggesting that the proposed analysis of wide-scope indefinites may be universally valid. (shrink)

Wide-scopers argue that the detachment of intuitively false ‘ought’ claims from hypothetical imperatives is blocked because ‘ought’ takes wide, as opposed to narrow, scope. I present two arguments against this view. The first questions the premise that natural language conditionals are true just in case the antecedent is false. The second shows that intuitively false ‘ought’s can still be detached even WITH wide-scope readings. This weakens the motivation for wide-scoping.

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...) punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)

You are irrational when you are akratic. On this point most agree. Despite this agreement, there is a tremendous amount of disagreement about what the correct explanation of this data is. Narrow-scopers think that the correct explanation is that you are violating a narrow-scope conditional requirement. You lack an intention to x that you are required to have given the fact that you believe you ought to x. Wide-scopers disagree. They think that a conditional you are required to (...) make true is false. You aren’t required to have any particular attitudes. You’re just required to intend to x or not believe you ought to x. Wide-scope accounts are symmetrical insofar as they predict that you are complying with the relevant requirement just so long as the relevant conditional is true. Some narrow-scopers object to this symmetry. However, there is disagreement about why the symmetry is objectionable. This has led wide-scopers to defend their view against a number of different symmetry objections. I think their defenses in the face of these objections are, on the whole, plausible. Unfortunately for them, they aren’t defending their view against the best version of the objection. In this paper I will show that there is a symmetry objection to wide-scope accounts that both hasn’t been responded to and is a serious problem for wide-scope accounts. Moreover, my version of the objection will allow us to see that there is at least one narrow-scope view that has been seriously underappreciated in the literature. (shrink)

I argue that given standard deontic logic, wide-scope rational requirements entail narrow-scope rational requirements. In particular, the widely-embraced Enkratic Principle entails that if a particular combination of attitudes is rationally forbidden, it is also rationally forbidden to believe that that combination of attitudes is required.

The knowledge account of assertion construes assertion as subject to constitutive norms. In its standard version, it combines a wide scope obligation not to assert p without knowing p, with narrow scope principles specifying conditions under which it is permissible to assert p, where the notions of obligation and permission are duals and behave uniformly for variable p. It is argued that, given natural assumptions about the logic of ‘ought’, the account proves incoherent. The argument generalizes to (...) accounts that substitute other factive notions for knowledge. A recent non‐standard version of the knowledge account employs proposition‐relative norms and circumvents the problem. However, it still leads to intolerable combinations of verdicts. Again, the problem arises because knowledge is factive, and it generalizes to other factive notions. It is shown that non‐factive accounts face none of the diagnosed difficulties and can do much of the explanatory work that the knowledge account is alleged to do. (shrink)

I defend the claim that Kant held a wide-scope view of hypothetical imperatives, against objections raised by Mark Schroeder [2005]. There is an important objection, now commonly known as the ‘bootstrapping’ problem, to the alternative, narrow-scope, view which Schroeder attributes to Kant. Schroeder argues that Kant has sufficient resources to reply to the bootstrapping problem, and claims that this leaves us with no good reason to attribute to Kant the wide-scope view. I show that Schroeder's (...) Kantian reply to the bootstrapping problem cannot fully answer it. Schroeder also offers three main textual arguments for attributing to Kant the narrow-scope view: from Kant's claim that the moral imperative is unique in virtue of its categoricity, from Kant's distinction between ‘problematic’ and ‘assertoric’ hypothetical imperatives, and from Kant's conception of analyticity together with his claim that hypothetical imperatives are analytic. I argue that each of these views can be understood as cohering with the.. (shrink)

The Radical Behavioral Challenge (RBC) contends that due to normal human cognitive biases, many standard prescriptions of business ethics run afoul of the principle that ‘ought implies can.’ Von Kriegstein responds to this challenge by arguing that those prescriptions are wide-scope obligations that can be fulfilled by recusing oneself or by establishing appropriate safeguards. I argue that this solution falls short of fully resolving the RBC because individuals will often be incapable of recognizing when they are biased (...) and incapable of establishing appropriate safeguards. (shrink)

You are irrational when you are akratic. On this point most agree. Despite this agreement, there is a tremendous amount of disagreement about what the correct explanation of this data is. Narrow-scopers think that the correct explanation is that you are violating a narrow-scope conditional requirement. You lack an intention to x that you are required to have given the fact that you believe you ought to x. Wide-scopers disagree. They think that a conditional you are required to (...) make true is false. You aren’t required to have any particular attitudes. You’re just required to intend to x or not believe you ought to x. Wide-scope accounts are symmetrical insofar as they predict that you are complying with the relevant requirement just so long as the relevant conditional is true. Some narrow-scopers object to this symmetry. However, there is disagreement about why the symmetry is objectionable. This has led wide-scopers to defend their view against a number of different symmetry objections. I think their defenses in the face of these objections are, on the whole, plausible. Unfortunately for them, they aren’t defending their view against the best version of the objection. In this paper I will show that there is a symmetry objection to wide-scope accounts that both hasn’t been responded to and is a serious problem for wide-scope accounts. Moreover, my version of the objection will allow us to see that there is at least one narrow-scope view that has been seriously underappreciated in the literature. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the way it is, (...) or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

The paper proposes a novel analysis of quantificational subordination, e.g. Harvey courts a woman at every convention. {She is very pretty. vs. She always comes to the banquet with him.} (Karttunen 1976), in particular of the fact that the indefinite in the initial sentence can have wide or narrow scope, but the first discourse as a whole allows only for the wide scope reading, while the second discourse allows for both readings. The cross-sentential interaction between (...) class='Hi'>scope and anaphora is captured in terms of structured anaphora to quantifier domains, formalized in a new dynamic system couched in classical type logic; given the underlying type logic, Montague-style compositionality at sub-clausal level follows automatically. Modal subordination (Roberts 1987) is analyzed in a parallel way, thereby capturing the parallels between the individual and modal domains argued for in Stone (1999). Several other phenomena are analyzed in terms of structured anaphora: exceptional wide scope, weak / strong donkey readings, anaphoric / uniqueness-implying definite descriptions and interactions between same / different and quantifier scope. (shrink)

The paper investigates the scope properties of indefinites.

This paper is a response to ‘Why Be Rational?’ by Niko Kolodny. Kolodny argues that we have no reason to satisfy the requirements of rationality. His argument assumes that these requirements have a logically narrow scope. To see what the question of scope turns on, this comment provides a semantics for ‘requirement’. It shows that requirements of rationality have a wide scope, at least under one sense of ‘requirement’. Consequently Kolodny's conclusion cannot be derived.

Offers a conciliatory solution to one of the central contemporary debates in the theory of rationality, the debate about the proper formulation of rational requirements. Introduces a novel conception of the “symmetry problem” for wide scope rational requirements, and sketches a theory of rational commitment as a response.

Many philosophers think that requirements of rationality are “wide-scope”. That is to say: they are requirements to satisfy some material conditional, such that one counts as satisfying the requirement iff one either makes the conditional’s antecedent false or makes its consequent true. These contrast with narrow-scope requirements, where the requirement takes scope only over the consequent of the conditional. Many of the philosophers who have preferred wide-scope requirements to narrow-scope requirements have also endorsed (...) a corresponding semantic claim, namely that ordinary talk about rationality, despite appearances to the contrary, expresses wide-scope claims. In doing so, they seek to avoid attributing massive error to ordinary speakers. However, it is becoming increasingly clear that the wide-scope semantics inadequately captures the meaning of ordinary talk about rationality. It seems, then, that we are left with a dilemma: either give up the view that requirements of rationality are wide-scope, or accept an implausible semantics for ordinary talk about rationality, or attribute massive error to speakers. In this paper, I argue that this dilemma is only apparent, since we can appeal to a standard kind of contextualist semantics for modals to explain why narrow-scope talk comes out true in virtue of the wide-scope requirements. My view, then, combines wide-scoping about the explanatorily fundamental requirements of rationality with a contextualist variant of a narrow-scope semantics. I argue that this view gives us the best of both worlds, as well as solving related puzzles and challenges for the extant views in the literature. (shrink)

Epistemic instrumentalists seek to understand the normativity of epistemic norms on the model practical instrumental norms governing the relation between aims and means. Non-instrumentalists often object that this commits instrumentalists to implausible epistemic assessments. I argue that this objection presupposes an implausibly strong interpretation of epistemic norms. Once we realize that epistemic norms should be understood in terms of permissibility rather than obligation, and that evidence only occasionally provide normative reasons for belief, an instrumentalist account becomes available that delivers the (...) correct epistemic verdicts. On this account, epistemic permissibility can be understood on the model of the wide-scope instrumental norm for instrumental rationality, while normative evidential reasons for belief can be understood in terms of instrumental transmission. (shrink)

By building upon Raz's analysis of the spectrum of voluntary obligations, the author produces a typology of agreements, and then assesses the extent to which these different kinds of agreements underpin the common law of contract. While recognizing that the law of contract purports to deal with a broad range of voluntarily undertaken obligations, the typology of agreements suggests that the present law is primarily suited to dealing only with bargains. This suggests that there are situations in which (...) agreements should be legally recognized, but which should not be dealt with by all of the conceptual tools of contract law, for these agreements and voluntary undertakings serve the interests of those undertaking them in significantly different ways than do bargains. (shrink)

It is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, relinquishes some progressive stances and retreats to conservative positions. According to several interpreters, this is especially evident from Kant’s discussion of moral progress and public use of reason. Kant avers that moral progress can only occur through state-sanctioned education “from top to bottom” and entrusts the emergence of a state endowed with the relevant resolution and ability to “a wisdom from above” (7:92-93). According to numerous (...) interpreters, this call for state intervention and the accompanying surrender to a superhuman wisdom manifest Kant’s retreat from initially republican to later conservative positions. In Kant’s previous writings, the notion of public use of reason indicates the unrestricted freedom to communicate one’s thoughts, provided that the communication does not take place in the exercise of one’s function as a state official, and potentially encompasses all adult men. Instead, in The Conflict of the Faculties, Kant contrasts university professors’ freedom to make public use of their reason with the other public officials’ obligation “to uphold whatever […] the crown sanctions for them to expound publicly” (07:08). Thus, according to several scholars, Kant ends up disenfranchising the vast majority of people from the public use of reason and adjusting an emancipatory notion to the absolutist conception of speech and civil service. On my reading, with The Conflict of the Faculties, Kant neither retreats to conservative positions nor softens any progressive tenets of critical philosophy. On the contrary, I intend to show that a) the project of a state-sanctioned education constitutes Kant’s republican rebuttal of conservative positions on their ground, and is fully in keeping with critical philosophy; b) Kant sets forth a new notion of public use of reason that reverses the order of moral progress presented in his previous writings, but retains all its emancipatory character. I intend to support my interpretation by a) conducting a rhetorical analysis showing how Kant’s rhetoric aims to persuade the ruler that his interests are best served by fostering the regulative ideas of pure practical reason as discovered by critical philosophy; b) analysing Kant’s use of the term ‘public’ (both as the adjective ‘öffentlich’ and the noun ‘Publikum’) and showing how it retains its wide scope and emancipatory function and even expands them to areas previously subjected to legitimate censorship. (shrink)

Berkowitz and Garrett (2020) raise important arguments in favor of consent for apnea testing used in determining death by neurological criteria (DNC); and yet, a fundamental consideration is left u...

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall (...) on the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall (...) on the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

According to the democratic borders argument, the democratic legitimacy of a state's regime of border control requires granting foreigners a right to participate in the procedures determining it. This argument appeals to the All-Subjected Principle, which implies that democratic legitimacy requires that all those subject to political power have a right to participate in determining the laws governing its exercise. The scope objection claims that this argument presupposes an implausible account of subjection and hence of the All-Subjected Principle, which (...) absurdly implies that all domestic laws subject foreigners to their requirements. I argue that this objection misconstrues the logical structure of the legal requirements enshrined in domestic laws: domestic laws typically enshrine narrow-scope, not wide-scope, legal requirements. To be sure, some state laws do subject foreigners to their requirements, and the All-Subjected Principle conditions democratic legitimacy on granting foreigners some say in determining them. But the best reading of the Principle does not have such general expansionary implications. (shrink)

Allow me to rehearse a familiar scenario. We all know that which ends you have has something to do with what you ought to do. If Ronnie is keen on dancing but Bradley can’t stand it, then the fact that there will be dancing at the party tonight affects what Ronnie and Bradley ought to do in different ways. In short, (HI) you ought, if you have the end, to take the means. But now trouble looms: what if you have (...) dreadful, murderous ends? Ought you to take the means to them? Seemingly not. But fortunately, an assumption made by deontic logics1 comes to the rescue. Since ‘‘ought’’, according to this assumption, is a sentential operator, HI must really be ambiguous. It could be read either as (Narrow) You have the end ! O(you take the means) or as (Wide) O(you have the end ! you take the means). Now if Narrow is true, then you really ought to take the means to your murderous ends. But this doesn’t follow from Wide. All that follows from Wide is that you ought to either take the means to these ends or else give them up. Conclusions: (1) Since HI is on some reading true, but Narrow isn’t, Wide is true. (2) Wide accounts for the relationship between your ends and what you ought to do. This elegant scenario repeats itself in many other domains in which it seems like something can have a bearing on what some particular agent ought to do. Does what you know affect what you ought to do? Do your beliefs about what you ought to do affect what you ought to do? Do your promises affect what you ought to do? Do your beliefs affect what you ought to believe? On each of these counts, the intuitive answer is ‘‘yes’’. And so each of these questions leaves something for the moral philosopher or the epistemologist to investigate. On each count, it seems that what we all know, is that (Account) you ought, if p, to do A. But on each count, the Narrow-scope reading of the ‘‘ought’’ in this claim yields unintuitive consequences. So since Account is true, it must be true on the Wide-scope reading.. (shrink)

Instrumental rationality prohibits one from being in the following state: intending to pass a test, not intending to study, and believing one must intend to study if one is to pass. One could escape from this incoherent state in three ways: by intending to study, by not intending to pass, or by giving up one’s instrumental belief. However, not all of these ways of proceeding seem equally rational: giving up one’s instrumental belief seems less rational than giving up an end, (...) which itself seems less rational than intending the means. I consider whether, as some philosophers allege, these “asymmetries” pose a problem for the wide-scope formulation of instrumental rationality. I argue that they do not. I also present an argument in favor of the wide-scope formulation. The arguments employed here in defense of the wide-scope formulation of instrumental rationality can also be employed in defense of the wide-scope formulations of other rational requirements. (shrink)

Norman Daniels's new book, Just Health, brings together his decades of work on the problem of justice and health. It improves on earlier writings by discussing how we can meet health needs fairly when we cannot meet them all and by attending to the implications of the socioeconomic determinants of health. In this article I return to the core idea around which the entire theory is built: that the principle of equality of opportunity grounds a societal obligation to meet health (...) needs. I point, first, that nowhere does Daniels say just what version of that principle he accepts. I then proceed to construct a principle on his behalf, based on a faithful reading of Just Health. Once we actually nail down the principle, I argue, we will find that there are two problems: it is implausible in itself, and it fails to ground a societal obligation to meet health needs. (shrink)

Niko Kolodny has argued that some (local) rational requirements are narrow-scope requirements. Against this, I argue here that all (local) rational requirements are wide-scope requirements. I present a new objection to the narrow-scope interpretations of the four specific rational requirements which Kolodny considers. His argument for the narrow-scope interpretations of these four requirements rests on a false assumption, that an attitude which puts in place a narrow-scope rational requirement somewhere thereby puts in place a (...) narrow-scope rational requirement everywhere. My argument against Kolodny is analogous to arguments which use holism about reasons to defend moral particularism. (shrink)

Nondirectiveness is widely regarded as an important principle of genetic counseling. However, numerous studies have indicated that the use of this principle and its content itself are subject to controversies. The present study aimed to verify how the nondirectiveness principle is defined by Polish geneticists, the extent to which it is considered the main principle in clinical practice, and the situations in which geneticists see the positive value of the directive action. Using quantitative and qualitative methods, the study compared the (...) abstract declarations of the directiveness validity and the scope of this principle with the declaration of action in situations close to reality (case scenarios). The results showed that the high rank assigned to the nondirectiveness principle does not translate into the conviction about the absolute obligation to use it in clinical practice. Polish geneticists are inclined to restrict the scope of patients’ choices when these are outside of their definition of medical standard. Strong medical paternalism manifests itself particularly in invasive prenatal diagnostics, where geneticists play the role of gatekeepers. In this study, we offer hypotheses about the sources of these attitudes by analyzing the current cultural and legal context of Poland. (shrink)

If it is a requirement of justice that everyone has access to basic goods and services, then justice requires that the work that is necessary to produce the relevant goods and provide the relevant services is performed. Two widely accepted views, however, together rule out requirements of justice to perform such work. These are, roughly, that the state cannot force people to perform it, and that individuals are not obligated to perform it voluntarily. Lucas Stanczyk argues that we should resolve (...) this inconsistency by endorsing widely rejected coercive policies, such as compulsory service requirements. I argue that Stanczyk’s proposal fails to fully resolve the inconsistency, and that any acceptable resolution will entail that individuals can be obligated to voluntarily perform the necessary work. I conclude that accepting even modest requirements of access to basic goods and services requires rejecting the view that principles of justice do not apply directly to individual conduct. (shrink)

It is often thought that judgments about what we ought to do are limited by judgments about what we can do, or that “ought implies can.” We conducted eight experiments to test the link between a range of moral requirements and abilities in ordinary moral evaluations. Moral obligations were repeatedly attributed in tandem with inability, regardless of the type (Experiments 1–3), temporal duration (Experiment 5), or scope (Experiment 6) of inability. This pattern was consistently observed using a variety (...) of moral vocabulary to probe moral judgments and was insensitive to different levels of seriousness for the consequences of inaction (Experiment 4). Judgments about moral obligation were no different for individuals who can or cannot perform physical actions, and these judgments differed from evaluations of a non-moral obligation (Experiment 7). Together these results demonstrate that commonsense morality rejects the “ought implies can” principle for moral requirements, and that judgments about moral obligation are made independently of considerations about ability. By contrast, judgments of blame were highly sensitive to considerations about ability (Experiment 8), which suggests that commonsense morality might accept a “blame implies can” principle. (shrink)

This paper addresses the question of whether the preverbal even (VP-even) embedded in a nonfinite clause can take wide scope (e.g., Bill refused to even drink WATER). The paper presents novel evidence for wide scope VP-even that is independent of the presuppositions of even. The evidence is based on examples of antecedent-contained deletion (ACD), where embedded VP-even associates with a nominal constituent (or part of it) that raises out of the embedded clause via quantifier raising. Assuming (...) that even must c-command the focus that it associates with, the case at issue forces VP-even to have wide scope, and further shows that VP-even in NPI-licensing contexts is not necessarily an NPI. (shrink)

What is the communicative value of negative polarity? That is, why do so many languages maintain a stock of special indefinites that occur only in a proper subset of the contexts in which ordinary indefinites can appear? Previous answers include: marking the validity of downward inferences; marking the invalidity of veridical inferences; or triggering strengthening implications. My starting point for exploring a new answer is the fact that an NPI must always take narrow scope with respect to its licensing (...) context. In contrast, ordinary indefinites are notorious for taking wide scope. So whatever other functions NPIs may have, they at least serve as an utterly reliable signal that an indefinite is taking narrow scope. As also proposed in recent work of Kusumoto and Tancredi, I will show that NPIs are only licensed in contexts in which the wide scope construal of an indefinite fails to entail the narrow scope. In other words, weak NPIs occur only in contexts in which taking narrow scope matters for interpretation. Thus one part of the explanation for the ubiquity and robust stability of negative polarity is that it signals scope relations. (shrink)