In many high-income countries, an initial response to the severe impact of Covid-19 on residential care was to shield residents from outside contacts. As the pandemic progressed, these measures have been increasingly questioned, given their detrimental impact on residents’ health and well-being and their dubious effectiveness. Many authorities have been hesitant in adapting visiting policies, often leaving nursing homes to act on their own safety and liability considerations. Against this backdrop, this article discusses the appropriateness of viewing the continuation of (...) the practice of shielding as a moral failure. This is affirmed and specified in four dimensions: preventability of foreseeable harm, moral agency, moral character, and moral practice (in MacIntyre’s sense). Moral character is discussed in the context of prudent versus proportionate choices. As to moral practice, it will be shown that the continued practice of shielding no longer met the requirements of an (inherently moral) practice, as external goods such as security thinking and structural deficiencies prevented the pursuit of internal goods focusing on residents’ interests and welfare, which in many places has led to a loss of trust in these facilities. This specification of moral failure also allows a novel perspective on moral distress, which can be understood as the expression of the psychological impact of moral failure on moral agents. Conclusions are formulated about how pandemic events can be understood as character challenges for healthcare professionals within residential care, aimed at preserving the internal goods of residential care even under difficult circumstances, which is understood as a manifestation of moral resilience. Finally, the importance of moral and civic education of healthcare students is emphasized to facilitate students' early identification as trusted members of a profession and a caring society, in order to reduce experiences of moral failure or improve the way to deal with it effectively. (shrink)

It is commonly held that “ought implies can.” If so, what constraints does that place on the law? Having provided an argument which allows the maxim to be used by lawyers, I consider the application of that argument to both primary and remedial legal duties. This, it turns out, gives us some reason to reconsider whether the maxim is sound. Further, even if the maxim is sound, it has less purchase on remedial duties than is commonly supposed.

Few fates seem worse than living without cause for hope. Yet what is it to have a cause for hope? And how is it related to having hope? Although these questions have received relatively little philosophical attention, I argue that Kant advances a rationalist account of hope that addresses them. My central thesis has two parts. First, hope is a rational attitude for Kant; certain rational conditions are needed to differentiate hope from other desiderative attitudes (such as mere wishing or (...) fantasizing). Second, these rational conditions involve causal inferences made by the hoping agent. To hope, an agent must make certain inferences about the cause of her desire and the cause of her belief that the object of her desire is possible. In short, to hope requires an agent to take herself to have a cause for hope. (shrink)

While philosophers generally accept some version of the principle ‘ought’ implies ‘can’, recent work in experimental philosophy and cognitive science provides evidence against a presupposition or a conceptual entailment from ‘ought’ to ‘can’. Here, we review some of this evidence, its effect on particular formulations of the principle, and future directions for cognitive scientists and philosophers.

In this paper, I demonstrate that Kant's commitment to an asymmetry between the control conditions for praise and blame is explained by his endorsement of the principle Ought Implies Can (OIC). I argue that Kant accepts only a relatively weak version of OIC and that he is hence committed only to a relatively weak requirement of alternate possibilities for moral blame. This suggests that whether we are transcendentally free is irrelevant to questions about moral permissibility and moral blameworthiness.

Many have begun to despair that climate justice will prevail even in a minimal form. The affective dimensions of such despair, we suggest, threaten to make climate action appear too demanding. Thus, despair constitutes a moral challenge to individual climate action that has not yet received adequate attention. In response, we defend a duty to act in hope for a more just (climate) future. However, as we see it, this duty falls differentially upon the shoulders of more and less advantaged (...) agents in society. From arguments by Black thinkers like Derrick Bell, we draw a set of distinctions between two types of hope: one for ideal justice, and one for more modest change; and between two types of hopeful actions, those undertaken through formal political channels and those we call 'extra-political' actions; and between two sites of differential moral burdens, those of the privileged and those of the oppressed. Ours is a case for facing even bleak realities, demanding otherwise, and acting in hope to achieve a better future. (shrink)

Kant holds that the applicability of the moral ‘ought’ depends on a kind of agent-causal freedom that is incompatible with the deterministic structure of phenomenal nature. I argue that Kant understands this determinism to threaten not just morality but the very possibility of our status as rational beings. Rational beings exemplify “cognitive control” in all of their actions, including not just rational willing and the formation of doxastic attitudes, but also more basic cognitive acts such as judging, conceptualizing, and synthesizing.

Many commentators hold that in addition to the categorical imperative of morality, Kant also posits an objective law of non-moral practical rationality, 'the' Hypothetical Imperative. On this view, the appeal to the Hypothetical Imperative increases the dialectical options that Kantians have vis-a-vis Humean skepticism about the authority of reason, and it allows for a systematic explanation of the possibility of non-moral weakness of will. I argue that despite its appeal, this interpretation cannot be sustained: for Kant the only objective, universally (...) valid a priori principle of practical reason that governs transcendentally free agents is the moral law. All non-moral practical rules are mere “precepts” that lack genuine objectivity, certainty, and intersubjective validity. I suggest that for Kant the rejection of the possibility of non-moral practical laws plays an important part in his argument for the supreme rational authority of moral norms over prudential precepts of happiness. (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)

According to Kant each person has an empirical character, which is ultimately grounded in one’s free choice. The popular Causal Laws interpretation of empirical character holds that it consists of the causal laws governing our psychology. I argue that this reading has difficulties explaining moral change, the ‘gradual reformation’ of our empirical character: Causal laws cannot change and hence cannot be gradually reformed. I propose an alternative Causal Powers interpretation of empirical character, where our empirical character consists of our mind’s (...) causal powers. The resulting picture of empirical character allows for moral change and Kantian weakness of will. (shrink)

Poverty is a global problem that is not only about material deprivation, but also a lack of agency and power. A Kantian response, with its focus on supporting the conditions of agency and empowerment, seems well suited to providing individuals with normative guidance on what their obligations are. The problem is that the guidance one finds within Kantian ethics is focused on the individual duty to aid or the duty to rescue, both of which have limited application in the context (...) of a complex, wide-ranging and structural problem like poverty. Individuals, on their own, are unable to end poverty and they cannot adopt this as an end of theirs. But if they get together with enough others, things look a lot more promising. Even though a fully Kantian response to poverty requires exploring his legal philosophy and the role of the state, I focus here on the moral obligations of individuals, particularly the idea that by joining together we have increased capacity to respond and make a difference. If we start with certain assumptions about capacity and agency; namely that “ought implies can” and “only agents are duty-bearers”, it is not clear that collectives that are not (yet) agents—such as “humanity” or “the affluent” or “the poor”—are possible duty-bearers. The aim of this paper is to support a more expansive account of Kantian moral obligations in which unstructured collectives have moral duties and their individual members have duties both to help form effective collective agents, and also to fulfill their shares of the collective duty to end poverty. (shrink)

Kant states in §76 of the third Critique that the divine intuitive intellect would not represent modal distinctions. Kohl and Stang claim that this statement entails that noumena lack modal properties, which, in turn, conflicts with Kant’s attribution of contingency to human noumenal wills. They both propose resolutions to this conflict based on conjectures regarding how God might non-modally represent what our discursive intellects represent as modally determined. I argue that these proposals fail; the viable resolution consists in recognizing that (...) we modalize human noumenal wills as a merely regulative-practical principle in our judgements of imputation. (shrink)