A brief explanation and overview of constitutivism.

Theoretical and practical deliberation are voluntary activities, and like all voluntary activities, they are performed for reasons. To hold that all voluntary activities are performed for reasons in virtue of their relations to past, present, or even merely possible acts of deliberation thus leads to infinite regresses and related problems. As a consequence, there must be processes that are nondeliberative and nonvoluntary but that nonetheless allow us to think and act for reasons, and these processes must be the ones that (...) generate the voluntary activities making up ordinary deliberation. These nondeliberative, nonvoluntary processes by means of which we are able to deliberate for reasons are the fundamental processes by means of which we can think or do anything for a reason: once it has been seen that they must exist, it can be recognized that they are ubiquitous. As a result, the usefulness of deliberation to rational belief and action is intermittent, contingent, and modest. Deliberation is a tremendously valuable tool for increasing human capacities to think and act for good reasons in challenging contexts, but in the end it is merely a tool, wielded by people through the same nondeliberative, nonvoluntary capacities to think and act for reasons that they are enhancing the effectiveness of by deliberating. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical reason, he (...) attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and of the laws it promulgates (...) derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good? (shrink)

As a result there is a considerable literature on the topic. I think, however, that the treatment in the literature is incomplete because there is a failure to examine the relevant emotions in significant detail, and in particular to consider their complexity and the conditions of their warrant. As a result, both defenses and critiques of the motive of duty in terms of reliability are inadequate as they stand.

The aim of this article is to review the recent popularity of casuistry as a model of moral inquiry. I argue that proponents of casuistry do not endorse the particularist epistemology that seems to be implied by their position, and that this is why casuistry does not seem to present something really new in comparison to 'top-down' generalist approaches. I contend that casuistry should develop itself as a (moderately) particularist position and that the challenge for the defender of casuistry is (...) to come up with ideas that strengthen the ('intuitionist') model of rationality that underlies most forms of particularism. (shrink)

A definitive feature of Kant's moral philosophy is its rationalism. Kant insists that moral theory, at least at its foundation, cannot take account of empirical facts about human beings and their circumstances in the world. This is the core of Kant's commitment to ‘metaphysics of morals’, and it is what he sees as his greatest contribution to moral philosophy. The paper clarifies what it means to be committed to metaphysics of morals, why Kant is committed to it, and where he (...) thinks empirical considerations may enter moral theory. The paper examines recent work of contemporary Kantians who argue that there is a central role for empirical considerations in Kant's moral theory. Either these theorists interpret Kant himself as permitting empirical considerations to enter, or they propose to extend Kant's theory so as to allow them to enter. With some qualifications, I argue that these interpretive trends are not supported by the texts, and that the proposed extensions are not plausibly Kantian. Kant's insistence on the exclusion of empirical considerations from the foundations of moral theory is not an incidental feature of his thought which might be modified while the rest remains unchanged. Rather, it is the very centre of his endeavours in moral philosophy. If we disagree with it, I argue, we have grounds for moving to a distinctly different theoretical framework. (shrink)

When, in spite of our good intentions, we fail to meet our obligations to others, it is important that we have the correct theoretical description of what has happened so that mutual understanding and the right sort of social repair can occur. Consider an agent who promises to help pick a friend up from the airport. She takes the freeway, forgetting that it is under construction. After a long wait, the friend takes an expensive taxi ride home. Most theorists and (...) non-theorists react to such cases by either judging the agent's action as a violation of her obligation to help or as having satisfied the only obligation she really had, namely to try to help. However, as I show, there are serious difficulties that arise from categorizing this agent's action as satisfying or violating her obligation – difficulties that are avoided if we instead add “mere moral failures” to the basic categories for moral evaluation. An agent merely fails when she neither satisfies nor violates her obligation. She is responsible fo.. (shrink)

According to Veritism, true belief is the sole fundamental epistemic value. Epistemologists often take Veritism to entail that all other epistemic items can only have value by standing in certain instrumental relations—namely, by tending to produce a high ratio of true to false beliefs or by being products of sources with this tendency. Yet many value theorists outside epistemology deny that all derivative value is grounded in instrumental relations to fundamental value. Veritists, I believe, can and should follow suit. After (...) setting the stage in §1, I explain in §2 why Veritism should not take an Instrumentalist form. Instrumentalist Veritism faces a generalized version of the swamping problem. But this problem undermines Instrumentalism, not Veritism: granting Instrumentalism, similar problems arise for any economical epistemic axiology. I show in §3 how Veritism can take a less narrow form and solve the swamping problem. After answering some objections in §4, I consider in §5 what some would regard as a less radical alternative solution and argue that it either fails or collapses into mine. I close in §6 by taking stock and re-evaluating the overall prospects for Veritism, suggesting that it is a highly promising epistemic axiology when divorced from Instrumentalism. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Epistemic Consequentialism represents a shooting-star movement nearing its zenith but already passing its peak of apparent solidarity, with clear fault-lines no.

Despite the recent backlash against epistemic consequentialism, an explicit systematic alternative has yet to emerge. This paper articulates and defends a novel alternative, Epistemic Kantianism, which rests on a requirement of respect for the truth. §1 tackles some preliminaries concerning the proper formulation of the epistemic consequentialism / non-consequentialism divide, explains where Epistemic Kantianism falls in the dialectical landscape, and shows how it can capture what seems attractive about epistemic consequentialism while yielding predictions that are harder for the latter to (...) secure in a principled way. §2 presents Epistemic Kantianism. §3 argues that it is uniquely poised to satisfy the desiderata set out in §1 on an ideal theory of epistemic justification. §4 gives three further arguments, suggesting that it (i) best explains the objective normative significance of the subject's perspective in epistemology, (ii) follows from the kind of axiology needed to solve the swamping problem together with modest assumptions about the relation between the evaluative and the deontic, and (iii) illuminates certain asymmetries in epistemic value and obligation. §5 takes stock and reassesses the score in the debate. (shrink)

ABSTRACTI defend the Interdependency Thesis, according to which rational evaluations of dispositions and actions are made in light of each other. I invoke a model of rationality that relies on various levels of consistency existing between an agent's reasons for adopting a moral disposition, the argument for the moral theory she endorses, her desires, disposition, and choice to be a moral person as reflected in the maxim she adopts. The Interdependency Thesis shows that we do not need to demonstrate the (...) rationality of every morally required action in order to defeat scepticism fully. (shrink)

The use of intention in ethics has been the subject of intense debate for many years, but no consensus has emerged over whether intention is morally relevant, or even how it should be understood. In this paper I wish to make a thorough, though by no means exhaustive, examination of the concept and the concepts around it, some to be seen as near-synonyms, and some as contrasting ideas. My interest is in the ethical use of the concept, though my own (...) analysis of it will be indebted to discussions in the philosophy of action. The most famous ethical use, which will not, however, be my direct focus here, is the ‘principle of double effect,’ which states that an agent may cause or allow something bad as long as, first, no evil is intended as an end or a means; and, second, that the foreseen bad is not out of proportion with the anticipated good. It is important to note the principle’s testimony to the plausibility of prohibitions expressed in terms of intentions, and, alongside these, a general prohibition on doing inordinate harms even without intention. (shrink)

Argues that there is no one it is irrational to love, that it is rational to act with partiality to those we love, and that the rationality of doing so is not conditional on love. It follows that Anscombe and Taurek are right: you are not required to save three instead of one, even when those you could save are perfect strangers.

In her seminal attack on modern moral philosophy, G. E. M. Anscombe claims that Kant's ‘rule about universalizable maxims is useless without stipulations as to what shall count as a relevant description of an action with a view to constructing a maxim about it’. Although this so-called problem of relevant descriptions has received considerable attention in the literature, there is little agreement on how it should be understood or solved. My aim in this paper is, first, to clarify the problem (...) by clearing up several misunderstandings, and, second, to show that the problem is rooted in a standard assumption about Kant's stance on the scope of moral principles—an assumption that precludes its solution. I argue that the problem consists in the fact that Kant's formula of universal law seems to stand in need of an account of moral sensibility that does not render the formula superfluous. But, as my discussion of existing solutions reveals, there can be no such account. Instead, I propose a dissolution: we should think of the formula of universal law itself as Kant's account of moral sensibility. In order to do so, we must reject the standard assumption that a principle is universal if and only if it holds for all instances of the action type that it specifies. (shrink)

Over the last two decades, Kant’s name has become closely associated with the “constitutivist” program within metaethics. But is Kant best read as pursuing a constitutivist approach to meta- normative questions? And if so, in what sense? In this essay, I’ll argue that we can best answer these questions by considering them in the context of a broader issue – namely, how Kant understands the proper methodology for philosophy in general. The result of this investigation will be that, while Kant (...) can indeed be read as a sort of constitutivist, his constitutivism is ultimately just one instance of a much more general approach to philosophy – which treats as fundamental our basic, self-conscious rational capacities. Thus, to truly understand why and how Kant is a constitutivist, we need to consider this question within the context of his more fundamental commitment to “capacities-first philosophy”. (shrink)

Forgiveness is clearly an important aspect of our moral lives, yet surprisingly Kant, one of the most important authors in the history of Western ethics, seems to have very little to say about it. Some authors explain this omission by noting that forgiveness sits uncomfortably in Kant’s moral thought: forgiveness seems to have an ineluctably ‘elective’ aspect which makes it to a certain extent arbitrary; thus it stands in tension with Kant’s claim that agents are autonomous beings, capable of determining (...) their own moral status through rational reflection and choice. Other authors recognise that forgiveness plays a role in Kant’s philosophy but fail to appreciate the nature of this duty and misrepresent the Kantian argument in support of it. This paper argues that there is space in Kant’s philosophy for a genuine theory of forgiveness and hopes to lay the grounds for a correct interpretation of this theory. I argue that from a Kantian perspective, forgiveness is not ‘elective’ but, at least in some cases, morally required. I claim that, for Kant, we have an imperfect duty of virtue to forgive repentant wrongdoers that have embarked on a project of self-reflection and self-reform. I develop a novel argument in support of this duty by drawing on Kant’s theory of rational agency, the thesis of radical evil, Kant’s theory of moral development, and the formula of humanity. However, it must be noted that this is a conditional duty and Kant’s position also entails that absence of repentance on the part of the wrongdoer should be taken as evidence of a lack of commitment to a project of self-reflection and self-reform. In such cases, Kant claims, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. I argue that this duty should be understood as one of the duties of self-esteem, which involves the duty to respect and recognise our own dignity as rational beings. (shrink)

The paper argues that there are good reasons to frame the categories of equitable liability around the concept of conscience. A quick look at recent case law reveals an increasing use of conscience categories to discourage overly selfish behaviour among parties to commercial relationships. Critics discard 'conscionability' as an empty category of reference, or see it as a dangerously subjective point of reference. I want to show that the critics assume a very specific, and controversial, model of conscience in which (...) it is a mere subjective psychological disposition to follow one's hunch about right and wrong. Instead, conscionability should be interpreted in accordance with the Kantian objectivist model, as referring to the point of convergence between people's motivation to do good and their commitment to objective moral norms. On this model, conscience has a strong public aspect as the reasons on which it operates apply to all reasonable human beings at all times. (shrink)

There is a puzzle about the very possibility of foreseen but unintended side effects, and solving this puzzle requires us to revise our basic picture of the structure of practical deliberation. The puzzle is that, while it seems that we can rationally foresee, but not intend, bringing about foreseen side effects, it also seems that we rationally must decide to bring about foreseen side effects and that we intend to do whatever we decide to do. I propose solving this puzzle (...) by rejecting the idea that we intend to do whatever we decide to do. My solution involves taking account of the underappreciated role that qualified intentions play in deliberation. I also argue that this solution fares better than those that instead reject the idea that we rationally must decide to bring about foreseen side effects, for these solutions are committed to rejecting the even more compelling idea that decisions rationally serve as the conclusions of practical deliberation. (shrink)

G.E.M. Anscombe famously remarked that an adequate philosophy of psychology was needed before we could do ethics. Fifty years have passed, and we should now ask what significance our best theories of the psychology of agency have for moral philosophy. My focus is on non-moral conceptions of autonomy and self-governance that emphasize the limits of deliberation -- the way in which one's cares render certain options unthinkable, one's intentions and policies filter out what is inconsistent with them, and one's resolutions (...) function to block further reflection. I argue that we can expect this deliberative "silencing" to lead to moral failures that occur because the morally correct option was filtered out of the agent's deliberation. I think it follows from these conceptions of self-governance that we should be considered culpable for unwitting acts and omissions, even if they express no ill will, moral indifference, or blameworthy evaluative judgments. The question is whether this consequence is acceptable. Either way, the potential tradeoff between self-governance and moral attentiveness is a source of doubt about recent attempts to ground the normativity of rationality in our concern for self-governance. (shrink)

We discuss some implications of the Holocaust for moral philosophy. Our thesis is that morality became distorted in the Third Reich at the level of its social articulation. We explore this thesis in application to several front-line perpetrators who maintained false moral self-conceptions. We conclude that more than a priori moral reasoning is required to correct such distortions.

A person enters the moral realm when she affirms that other persons matter in the same way that she does. This, of course, is just the beginning, for she must then determine what follows from this affirmation. One way in which we treat other persons as mattering is by respecting them. And one way in which we respect persons is by respecting their wishes, desires, decisions, choices, ends, and goals. I will call all of these things ‘aims.’ Sometimes we respect (...) another person's aims simply byrefrainingfrom doing certain things, such as treating her in ways that thwart her aims, or interfering with her attempt to pursue them. Other times we respect a person's aims by taking positive action to help her pursue them.But how exactly does respect forpersonstranslate into respect for theiraims?And which aims merit respect? One answer comes from Kant. (shrink)

A person enters the moral realm when she affirms that other persons matter in the same way that she does. This, of course, is just the beginning, for she must then determine what follows from this affirmation. One way in which we treat other persons as mattering is by respecting them. And one way in which we respect persons is by respecting their wishes, desires, decisions, choices, ends, and goals. I will call all of these things ‘aims.’ Sometimes we respect (...) another person's aims simply byrefrainingfrom doing certain things, such as treating her in ways that thwart her aims, or interfering with her attempt to pursue them. Other times we respect a person's aims by taking positive action to help her pursue them.But how exactly does respect forpersonstranslate into respect for theiraims?And which aims merit respect? One answer comes from Kant. (shrink)

In everyday life, we assume that there are degrees of blameworthiness and praiseworthiness. Yet the debate about the nature of moral responsibility often focuses on the “yes or no” question of whether indeterminism is required for moral responsibility, while questions about what accounts for more or less blameworthiness or praiseworthiness are underexplored. In this paper, I defend the idea that degrees of blameworthiness and praiseworthiness can depend in part on degrees of difficulty and degrees of sacrifice required for performing the (...) action in question. Then I turn to the question of how existing accounts of the nature of moral responsibility might be seen to accommodate these facts. In each case of prominent compatibilist and incompatibilist accounts that I consider, I argue that supplementation with added dimensions is required in order to account for facts about degrees of blameworthiness and praiseworthiness. For example, I argue that the reasons-responsiveness view of Fischer and Ravizza requires supplementation that takes us beyond even fine-grained measures of degrees of reasons-responsiveness in order to capture facts about degrees of difficulty to extend the reasons-responsiveness view by appealing to such measures). I conclude by showing that once we recognize the need for these additional parameters, we will be in a position to explain away at least some of the appeal of incompatibilist accounts of moral responsibility. (shrink)

This paper considers the role of ‘vices of culture’ in Immanuel Kant’s account of radical evil and education. I argue that Kant was keenly aware of a uniquely human tendency to allow a self...

El presente escrito pretende ser un aporte a la comprensión del singular valor de la buena voluntad según lo descrito en la Fundamentación de la metafísica de las costumbres. Para ello, después de aclarar sucintamente ciertos extravíos conceptuales sobre esta noción, repasaremos dos de las más representativas aproximaciones contemporáneas a la axiología kantiana que, sin embargo, arrojan resultados insatisfactorios al momento de precisar el valor de la voluntad buena: los abordajes de Korsgaard y Sensen. Intentaremos develar dichos fallos y luego (...) replantearemos la distinción entre valor irrestricto e incondicionado para aliviarlos en el marco general de la propuesta de Sensen. (shrink)

My project is to reconsider the Kantian conception of practical reason. Some Kantians think that practical reasoning must be more active than theoretical reasoning, on the putative grounds that such reasoning need not contend with what is there anyway, independently of its exercise. Behind that claim stands the thesis that practical reason is essentially efficacious. I accept the efficacy principle, but deny that it underwrites this inference about practical reason. My inquiry takes place against the background of recent Kantian metaethical (...) debate — each side of which, I argue, correctly points to issues that need to be jointly accommodated in the Kantian account of practical reason. The constructivist points to the essential efficacy of practical reason, while the realist claims that any genuinely cognitive exercise of practical reason owes allegiance to what is there anyway, independently of its exercise. I argue that a Kantian account of respect for persons (“recognition respect”) suggests how the two claims might be jointly accommodated. The result is an empirical moral realism that is itself neutral on the received Kantian metaethical debate. (shrink)

ABSTRACT:The distinction between what I call nonelective obligations and discretionary obligations, a distinction that focuses on one particular thread of the distinction between perfect and imperfect duties, helps us to identify the obligations that carry over from principals to agents. Clarity on this issue is necessary to identify the moral obligations within “shareholder primacy”, which conceives of managers as agents of shareholders. My main claim is that the principal-agent relation requires agents to fulfill nonelective obligations, but it does not always (...) require discharging discretionary obligations. I show that the requirement to fulfill nonelective obligations is more far-reaching than has been acknowledged by most defenders and critics of shareholder primacy. But I also show that managers are not bound by certain discretionary obligations like charity, showing that their moral obligations are more circumscribed than the obligations that apply to human beings in general. (shrink)

The categorical imperative can be construed as a universalization test for moral permissibility. False negatives of the categorical imperative would be maxims failing this test, despite the permissibility of their actions; maxims like: ‘I’ll withdraw all my savings on April 15th’. Examples of purported false negatives familiar from the literature can be grouped into three general categories, and dispatched by applying category-specific methods for proper formulation of their maxims, or for proper testing. Methods for reformulating failing maxims, such as the (...) addition of appropriate conditional clauses, do not generate false-positive counterexamples in other instances. (shrink)

Kantians may be unable to derive all of benevolence from reverence for rational agency, but the remaining lacuna is not as extensive as Arpaly thinks. For while we should take seriously Kantian worries about separating benevolence from reverence, a considerable part of benevolence can be explained in terms of reverence for rational agency on a plausible intepretation of the latter. Furthermore, Kantians have an irreducible role for benevolence within their ethics, which is different from the role of a self-standing virtue.

Philosophy and Phenomenological Research, EarlyView. Despite the acknowledgement of the moral significance of consent there is still much work to be done in determining which specific sexual encounters count as unproblematically consensual. This paper focuses on the impact of deception. It takes up the specific case of deception about one's self. It may seem obvious that one ought not to lie to a sexual partner about who one is, but determining which features of oneself are most relevant, as well as (...) the lies which it follows would be impermissible to tell, is complicated. It is argued here that deception about one's morally valenced character traits, those we think of as virtues and vices, are particularly problematic. This is true regardless of whether knowing the truth about those traits would have made a difference to one's partner's consent. Attention is then drawn to a range of types of lies that one ought not to tell. (shrink)

In this paper I argue that I argue that motivational internalism should not be driving metaethics. I first show that many arguments for motivational internalism beg the question by resting on an illicit appeal to internalist assumptions about the nature of reasons. Then I make a distinction between weak internalism and the weakest form of internalism. Weak internalism allows that agents fail to act according to their normative judgments when they are practically irrational. I show that when we clarify the (...) notion of practical irrationality it does not support motivational internalism. Weakest internalism only claims that agents are irrational if they entirely lack motiv- ation to do what they judge they ought to. I do not argue against weakest internalism, but I argue that it is not an important view. (shrink)

Kant’s moral theory is sometimes thought to mandate public welfare provision on grounds of beneficence or Kant’s commitment to freedom. However, at no point does Kant argue for welfare in these ways. Instead, the rationale he offers is that public welfare provision is instrumentally necessary for the security and the stability of the state. I argue that this is no oversight on Kant’s part. I consider plausible alternative arguments for public welfare provision, and show why Kant does not espouse them. (...) I conclude that the only viable Kantian justification for welfare is just the one Kant gives. (shrink)

Theories of rational choice focus on the question of how to choose what to do. They are, that is, concerned with the selection of one among a set of possible actions. Furthermore, they tell us how to make such a choice rationally. They accomplish this aspect of their task by telling us how to choose ‘in order to achieve our aims as well as possible.’Theories of reasonable deliberation, as I describe them in this paper, analyze a different domain of reasoning (...) in the service of action. First, their subject matter is the deliberation that leads to action, rather than the final selection of the action itself. Second, they ask about the intrinsic character of a deliberative path, rather than its likely outcome. That is, they are theories of the reasonableness of deliberation, rather than its rationality. To see the distinctiveness of this theoretical domain, it helps to approach it by backing away from the domain of rational choice theories one step at a time. (shrink)

A recent skeptical challenge denies deliberation is essential to virtuous agency: what looks like genuine deliberation is just a post hoc rationalization of a decision already made by automatic mechanisms (Haidt 2001; Doris 2015). Annas’s account of virtue seems well-equipped to respond: by modeling virtue on skills, she can agree that virtuous actions are deliberation-free while insisting that their development requires significant thought. But Annas’s proposal is flawed: it over-intellectualizes deliberation’s developmental role and under-intellectualizes its significance once virtue is acquired. (...) Doing better requires paying attention to a distinctive form of anxiety—one that functions to engage deliberation in the face of decisions that automatic mechanisms alone cannot resolve. (shrink)

One of the most important difficulties facing Kant’s Formula of Universal Law (FUL) is its apparent inability to show that it is always impermissible to kill others for the sake of convenience. This difficulty has led current Kantian ethicists to de-emphasize the FUL or at least complement it with other Kantian principles when dealing with murder. The difficulty stems from the fact that the maxim of convenience killing fails to generate a ‘contradiction in conception’, producing only a ‘contradiction in the (...) will’ when subjected to the two-fold test associated with the FUL. This result is thought to imply that the FUL allows us sometimes to kill for the sake of convenience. In this essay, I argue that the very diagnosis of the problem rests on a mistake, and that if the maxim of convenience killing generates a contradiction in the will, then acting on it is never permissible. (shrink)

One usual understanding of Kant's moral theory identifies agents as solitary individuals who reflect on the moral quality of actions ‘in the loneliness of their souls’. Their reflection is autonomous, independent and ‘monological’, with the result that ‘by presupposing autonomy’ Kant ‘expels moral action from the very domain of morality itself’. Instead of an ‘interplay of an intersubjectivity’ in which moral issues arise and are resolved, the autonomous solitary individual seems to derive rules for action from a categorical imperative. Yet (...) this imperative itself is only a statement of the formal character of reason independent of particular contexts, and so cannot clearly guide actual actions and choices. From another direction, Iris Murdoch has maintained that, ‘confronted even with Christ’, the Kantian moral agent ‘turns away to consider the judgment of his own conscience and to hear the voice of his own reason’. He insists on being ‘free, independent, lonely, powerful, rational, responsible, brave, [and] heroic'; and, Murdoch contends, the proper name of this individual ‘is Milton's Lucifer’. This moral agent is individualistic to the point of being damnably isolated. (shrink)

The concept of missed care refers to an irrefragable truth that required nursing care, which is left undone, occurs in the delivery of health care. As a technical concept, missed care offers nurses the opportunity to articulate a problematic experience. But what are we to make of missed care from an ethical perspective? Can nurses be held morally responsible for missed care? Ethically speaking, it is generally accepted that if a person has a moral obligation to do something, s/he needs (...) to have the capacity to do it. If a person does not have the capacity to fulfil a moral obligation, then s/he cannot be held responsible for failing to do so. This is captured by the “ought implies can” (OIC) principle. This paper brings the OIC principle to the forefront of the discussion on missed care. It is contended that nurses – qua moral agents – may be discharged from a moral obligation to carry out a required caring act because of some inability that is not of their making and therefore may not be morally responsible for missed care. However, the OIC principle may not be applied to all situations of missed care depending on their causes. In addition, following in the thought of Sapontzis (The Southern Journal of Philosophy, 1991, XXIX, 383–393) it is contended that when an original obligation to deliver a required act of care cannot be fulfilled, other obligations may be generated as summed up in the “Principle of Making Amends” and the “Principle of Appropriate Feeling.” It is the view of this paper that these further principles could prevent the OIC principle from being used to simply excuse omissions of care from a normative standard and could support the view that nurses continue to have alternative obligations to make amends and to respond with appropriate feelings to missed care. (shrink)

While many philosophers have found Hegel's critique of Kantian ethics to be interesting in certain respects, overall most tend to find it rather shallow and to think that Hegel either misunderstands Kant's thought or has a rather crude understanding of it. For example, in examining the last two sections of Chapter V of the Phenomenology - 'Reason as Lawgiver' and 'Reason as Testing Laws' (where we get an extended critique of the categorical imperative)- Lauer finds Hegel's treatment to be truncated (...) and inadequate.1 The only trouble, though, is that like most other readers of the Phenomenology, Lauer does not recognize that Hegel had been examining and criticizing Kantian ethics throughout a much greater part of-indeed, more than half of-Chapter V. Once we do understand this, I think we must concede that Hegel's treatment is hardly truncated and that it cannot be described as shallow or inadequate. I will try to show that Hegel demonstrates a rather sophisticated understanding of, and gives a serious and thorough critique of, Kantian practical reason. (shrink)

Many philosophers accept that ought implies can (OIC), but it is not obvious that we have a good argument for that principle. I consider one sort of argument for it, which seems to be a development of an Aristotelian idea about practical deliberation and which is endorsed by, amongst others, R. M. Hare and James Griffin. After briefly rehearsing some well-known objections to that sort of argument (which is based on the supposed pointlessness of impossible obligations), I present a further (...) objection, based on a maximally charitable reading of the argument, and conclude that nobody ought to think that it gives them a reason to accept OIC. (shrink)

How much are we morally required to do to aid others? After articulating some of the main contributions to this debate, I defend the position that we are sometimes morally permitted to spend our time and resources satisfying our own interests and needs rather than using them to aid others who are in desperate need. I argue that the duty to aid the needy should not always take priority over every other end we have. Whatever else we value, we most (...) highly value the ability and opportunity to live our lives on our own terms; this grounds both our obligation to aid others and places limits on how far these obligations ought to extend. Persons ought to respect others and fulfill their moral obligations but they must also be given the moral space to set ends and pursue those ends just because they are theirs. (shrink)

© The Author 2018. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model...Philosophy of law was until recently dominated by abstract investigation into the nature of law, a pursuit known as ‘general jurisprudence’. In this way, it resembled a branch of metaphysics or mid-twentieth century philosophy of mind, seeking to uncover the essential properties (...) of a general and multiply realizable phenomenon. Today, philosophers study law with a sharper focus, and with a more specialized lens – that of ethicists, for example, or epistemologists, or philosophers of action.That is not to say there has been a drop in groundbreaking work in general jurisprudence (see, for... (shrink)

Hegel's empty formalism charge is taken, virtually without exception, as a serious objection to Kant's categorical imperative and a powerful refutation of his formalist ethics. The dominant interpretation is represented by Bradley, Paton, Mill, Korsgaard, Guyer, Wood, Schneewind, Sedgwick, more recently, Freyenhagen, and others. So far, the dominant interpretation has remained powerfully influential and virtually unchallenged.However, the dominant interpretation tends to take Hegel's empty formalism in isolation from other texts in the corpus, his holistic system, and dialectical method in general. (...) What makes this non-contextualised approach problematic is that it ignores his remarks on formalism in other texts where his use of dialectical and sceptical method is more in evidence. Hegel's emptiness remarks span his entire career, from their appearance in Jena right up to the end of his career in Berlin. In Jena, his views on formal thinking in a logical sense developed alongside his views on formalism in ethics. Prima facie, the arguments bring together two subject matters that seem to have nothing to do with one another. This may explain why no one has given an interpretation that brings the two domains together. But it is worth noting that Kant himself brings logical considerations to bear on his conception of the moral principle. His distinction between the form of a moral principle and its empirical content recalls his characterisation of logical laws in the firstCritique. (shrink)

Despite all the attention given to Kant’s universalizability tests, one crucial aspect of Kant’s thought is often overlooked. Attention to this issue, I will argue, helps us resolve two serious problems for Kant’s ethics. Put briefly, the first problem is this: Kant, despite his stated intent to the contrary, doesn’t seem to use universalization in arguing for duties to oneself, and, anyway, it is not at all clear why duties to oneself should be grounded on a procedure that envisions a (...) world in which everyone wills the contrary of those duties. The second, more global problem is that if we follow Barbara Herman in holding that Kantian ethics can provide a structure for moral deliberation, we need an interpretation of the universalization procedure that unproblematically allows it to generate something like prima facie duties to guide that deliberation; but it is not at all clear that we have such an interpretation. I argue here that if we expand our limited way of thinking about universalization, we can solve the first problem and work towards a solution to the second. We can begin by recalling that Kant’s ‘Law of Nature’ formulation (FLN) of the Categorical Imperative obligates us to ‘act as if the maxim of your action were to become by your will a universal law of nature’ (G, 421). (shrink)

The article defends three claims regarding the relation between the different formulas of the categorical imperative. On its prevailing reading, FUL gives different moral guidance than FH; left answered, this problem is an argument for adopting a competing perspective on FUL. The prohibitions and commands of the formulas should be taken to be extensionally the same; but FKE adds a dimension missing from the others, gained by uniting their perspectives, namely, bringing the variety of moral laws into systematic unity. The (...) grammatically ambiguous phrase inGMS, 4: 436.9–10 claims that FA alone unites the other formulas in itself. (shrink)