The claim that (OIC) “ought” implies “can” (i.e., you have an obligation only at times at which you can obey it) entails that (1) obligations that become infeasible are lost (i.e., you stop having an obligation when you become unable to obey it). Moreover, the claim that (2) obligations that become overridden are not always lost (i.e., sometimes you keep having an obligation when you acquire a stronger incompatible obligation) entails that (ONIM) “ought” does not imply “must” (i.e., some obligations (...) are not all-things-considered). It is standard to infer ONIM—via (2)—from the premise that becoming overridden can result in “moral residue” (e.g., in the appropriateness of feeling regret). But then, I note, one could similarly infer not-OIC—via not-(1)—from the premise that becoming infeasible can result in moral residue. So there is an argument against OIC which parallels the standard argument for ONIM. I respond by rejecting both arguments: it is a mistake to always infer from the presence of moral residue that an obligation is not lost. Then I propose new arguments both for ONIM and for OIC. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

I argue that the separation of conjoined twins in infancy or early childhood is unethical. Cases may be divided into three types: both twins suffer from lethal abnormalities, only one twin has a lethal abnormality, or neither twin does. In the first kind of case, there is no reason to separate, since both twins will die regardless of treatment. In the third kind of case, I argue that separation at an early age is unethical because the twins are likely to (...) achieve an irreplaceably good quality of life—the goods of conjoinment—that separation takes away. Evaluation of this possibility requires maturation past early childhood. Regarding the second type, I point out that with conceivable but unrecorded exceptions, these cases will consistently involve sacrifice separation. I present an argument that sacrifice separation is unethical, but in some cases a moral dilemma may exist in which separation and refraining from separation are both unethical. Perhaps in such cases a decision can be made on non-moral grounds; however, the possibility of such a decision serves not to mitigate but to underscore the fact that the separation is unethical. My conclusion, which applies to all three types of cases, is that it is unethical to separate conjoined twins before their developing personalities give some reliable indication as to whether they desire separation and whether they will achieve those goods of conjoinment. (shrink)

Consider the kinds of macroscopic concrete objects that common sense and the sciences allege to exist: tables, raindrops, tectonic plates, galaxies, and the rest. Are there any such things? Opinions differ. Ontological liberals say they do; ontological radicals say they don't. Liberalism seems favored by its plausible acquiescence to the dictates of common sense abetted by science; radicalism by its ontological parsimony. Priority theorists claim we can have the virtues of both views. They hold that tables, raindrops, etc., exist, but (...) they aren't fundamental. The ontological liberal's ontology provides the correct inventory of existent individuals. The ontological radical's more restricted ontology provides the correct inventory of fundamental individuals. The priority theorist claims that the derivative individuals are "no addition in being" to the fundamental ones, so we can have our cake and eat it too. It would be nice if priority theorists were right. In this paper I argue, with regret, that they are not. One upshot is that the sort of explanations which underwrite the priority theorist's distinction between fundamental and derivative individuals do not mitigate our ontological commitments. Another is that we still have to choose between the charms of liberalism and radicalism. (shrink)

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures (...) which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence. (shrink)

Both through his own work and that of his students, Franz Clemens Brentano had an often underappreciated influence on the course of 20 th - and 21 st -century philosophy. _The Routledge Handbook of Franz Brentano and the Brentano School_ offers full coverage of Brentano’s philosophy and his influence. It contains 38 brand-new essays from an international team of experts that offer a comprehensive view of Brentano’s central research areas—philosophy of mind, metaphysics, and value theory—as well as of the principal (...) figures shaped by Brentano’s school of thought. A General Introduction serves as an overview of Brentano and the contents of the volume and three separate bibliographies point students and researchers on to further avenues of inquiry. Systematic and detailed, _The Routledge Handbook of Franz Brentano and the Brentano School_ provides readers with a valuable reference to Brentano’s work, and to his lasting importance in the history of philosophy and in contemporary debates. (shrink)

In his famous paper John Rawls outlines a version of utilitarianism that takes into account the existing criticism of the utilitarian approach. Author shows that the traditional objections expressed in relation to two test cases of utilitarianism — punishment and promise-keeping — are based on the misunderstanding of utilitarian position, because they don’t make a distinction between justifying a practice and justifying a particular action falling under it. In the case of punishment, there two justifications of it: the retributive view (...) that presupposes that punishment is justified on the grounds that wrongdoing merits punishment, and the utilitarian view that holds that punishment is justifiable only by reference to the probable consequences of maintaining it as one of the devices of the social order. According to the author, utilitarian arguments are appropriate with regard to questions about practices, while retributive arguments fit the application of particular rules to particular cases. In the case of promising, truly utilitarian approach presupposes that promisor must weigh not only the effects of breaking his/her promise on the particular case, but also the effect which his/her breaking promise will have on the practice itself. Author thinks that the distinction between justifying a practice and justifying a particular action falling under it was neglected not only by the critics, but by the utilitarians themselves, due to the prevalence of the summary view of the rules. Rawls suggests his own, practical conception of the rules, that presupposes that practices are prior to particular cases of their application. (shrink)

One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning political matters. Despite this agreement about the general nature (...) of what is being searched for, a broad division has arisen between political obligation theorists - there are some who take political obligations to actually exist and there are some who take there to be no general political obligation. While there is debate within the camp defending political obligation about what it is that generates the obligations, the common core of all "defender theories" is the fundamental idea that one has a moral requirement to support and obey the political institutions of one's country. Despite utilitarianism's status as one of the major ethical theories, historically, it has largely been dismissed by theorists concerned with political obligation. Within the contemporary debate it is generally accepted that utilitarianism cannot adequately accommodate a robust theory of political obligation. The overarching objective of this dissertation is to challenge this general dismissal of a utilitarian account and to build upon the two accounts which have been developed in offering a robust utilitarian theory of political obligation which can be considered a competitor to the other contemporary theories. However, as this utilitarian account of political obligation develops, the possibility will also emerge for a non-antagonistic relationship between the utilitarian theory on offer and the contemporary political obligation debate. The moral reasons posited by the traditional theories of political obligation can be included in and accommodated by my utilitarian account. The utilitarian account of political obligation can accept that there are many types of reasons explaining why broad expectations concerning individual and group behavior are created, and each type of reason can be understood as supporting the utilitarian claim that there are moral reasons for following the laws and supporting legitimate political authorities. Taken all together, my arguments will take the form of a three tiered response to the prevailing opinion that any utilitarian attempt to account for political obligations is doomed. The first tier contends that the utilitarian can consistently claim that there are moral reasons to follow the law. This is not a particularly strong claim, but it is one which has been denied by the vast majority of political theorists. The second tier of my argument addresses this apparent issue by contending that even the traditional deontological accounts of political obligation are not offering more than this. Lastly, it is contended that, given the contingent features of humans, the strength of the utilitarian political obligations is comparable to other accounts' analyses of the obligations. (shrink)