The Milgram and other situationist experiments support the real-life evidence that most of us are highly akratic and heteronomous, and that Aristototelian virtue is not global. Indeed, like global theoretical knowledge, global virtue is psychologically impossible because it requires too much of finite human beings with finite powers in a finite life; virtue can only be domain-specific. But unlike local, situation-specific virtues, domain-specific virtues entail some general understanding of what matters in life, and are connected conceptually and causally to our (...) traits in other domains. The experiments also make us aware of how easily unobtrusive situational factors can tap our susceptibilities to obedience, conformity, irresponsibility, cruelty, or indifference to others’ welfare, thereby empowering us to change ourselves for the better. Thus, they advance the Socratic project of living the examined life. I note a remarkable parallel between the results of the baseline Milgram experiments and the results of the learned helplessness experiments by Martin Seligman et al. This provides fresh insight into the psychology and character of the obedient Milgram subjects, and I use this insight to argue that pusillanimity, as Aristotle conceives of it, is part of a complete explanation of the behavior of the obedient Milgram subjects. (shrink)

Faced with the choice between creating a risk of harm and taking a precaution against that risk, should I take the precaution? Does the proper analysis of this trade-off require a maximizing, utilitarian approach? If not, how does one properly analyze the trade-off?These questions are important, for we often are uncertain about the effects of our actions. Accordingly, we often must consider whether our actions create an unreasonable risk of injury — that is, whether our actions are negligent.

Many writers accept the following thesis about responsibility: (R) For one to be responsible for something is for one to be such that it is fitting that one be the object of some reactive attitude with respect to that thing. This thesis bears a striking resemblance to a thesis about value that is also accepted by many writers: (V) For something to be good (or neutral, or bad) is for it to be such that it is fitting that it be (...) the object of some pro-attitude (or indifference, or some contra-attitude). V has been the subject of intense debate in recent years, in part because of its incorporation into what has come to be called the “buck-passing” account of value. In particular, V is open to three challenges: that it is not necessarily the case that whatever is good is the fitting object of a pro-attitude; that it is not necessarily the case that whatever is the fitting object of a pro-attitude is good; and that, even if there is a strict equivalence between what is good and what is the fitting object of a pro-attitude, still the former is not to be analyzed in terms of the latter. The resemblance between V and R has not been previously commented on, but, once it is recognized, it is clear that R is open to challenges that resemble those to which V is vulnerable. This paper explores both the challenges to V and the parallel challenges to R and discusses responses that may be given to these challenges. The interrelation between V and R is then examined, and a general lesson is drawn concerning how to adjudicate disputes about the nature of moral responsibility. (shrink)

In discussions of practical reason we often encounter the view that a fact is a reason for an agent to act only if the fact is capable of moving the agent to act. This view figures centrally in many philosophical controversies, and while taken for granted by some, it is vigorously disputed by others. In this essay I show that if the disputed position is correctly interpreted, it is well armored against stock objections and implied by a premise that is (...) not only plausible, but generally accepted by the position's critics. (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)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. Perhaps certain (...) absolutist deontological perspectives are inconsistent with these features; but other deontological perspectives can easily accommodate them. Careful examination of the concept of negligence helps resolve an important debate about the nature of tort law, supporting the view that fault, rather than corrective justice, is the better interpretation and justification of Anglo-American tort doctrine. (shrink)

Is it possible for a person to understand that what he proposes to do is morally wrong and yet prefer to do it nonetheless? I shall argue that wickedness consists in a defect of character that results in one's often having just such preferences. Yet many philosophers think that wickedness so conceived is impossible, because, for them, having such a preference is incompatible with believing, or at least knowing, that the act would be wrong.

It is a commonly-held belief that ignorance excuses. But what of moral ignorance? Is a person blameless who acts from “false” moral principles? In this paper I shall try to show that such a person is blameworthy. I shall produce an argument that connects the acceptance of moral principles with character, character with moral responsibility, and moral responsibility with the justifiability of blame.

Jonathan Haidt's The Righteous Mind seeks to explain why it is difficult for liberals and conservatives to get along. His aim is not just explanatory but also prescriptive. Once we understand that the differences between disputants spring from distinct moral views held by equally sincere people, then we will no longer have reason for deep political animus. Conservatives and Liberals have distinct moral views and they understand human nature differently. He claims that these differences are best understood by consulting an (...) array of psychological studies, key genetic findings, and the theoretical underpinnings of sociobiology. After summarizing his arguments, we isolate and discuss the three most important and contentious issues in his book. We argue that although the project's motivation is noble and some of his findings are insightful, his key explanations, inferences, and prescriptions are wanting. We end by suggesting a way he could defend a weaker version of his view. (shrink)

The aim of this essay is to argue for the following claims: evil is prevalent; its prevalence is mainly the result of habitual and predictable patterns of action; these actions follow from the vices of their agents; in many cases, neither the evil actions nor the vices from which they follow are autonomous; it is nevertheless justified to hold the agents who perform these actions morally responsible for them; the widespread denial of this claim rests on the principle “ought implies (...) can”; two versions of this principle must be distinguished; neither version can be used to exempt agents from moral responsibility for their nonautonomous actions and vices; this has fundamental implications for how morality and responsibility should be conceived. (shrink)

In many recent discussions of the morality of actions where both good and bad consequences foreseeably ensue, the moral significance of the distinction between intended and foreseen consequences is rejected. This distinction is thought to bear on the moral status of actions by those who support the Doctrine of Double Effect. According to this doctrine, roughly speaking, to perform an action intending to bring about a particular bad effect as a means to some commensurate good end is impermissible, while performing (...) an action where one intends only this good end and merely foresees the bad as an unintended sideeffect may be permissible. Consequentialists argue that this is a distinction which makes no moral difference to the evaluation of the initial act in the two cases, given that the overall consequences are the same in each case. In this paper we aim to show that a standard consequentialist line of argument against the moral relevance of the intention/foresight distinction fails. Consequentialists commonly reject the moral relevance of this distinction on the grounds that there is no asymmetry in moral responsibility between intending and foreseeing evil. We argue that even if this claim about moral responsibility is correct, it does not entail, as many Consequentialists believe, that there is no moral asymmetry between acts of intended and foreseen evil. We go on to argue that those consequentialists who do concede the moral relevance of the intention/foresight distinction at the level of agent evaluations cannot consistently make such a concession, and that such a position is in any case untenable, because it entails a complete severance of important conceptual connections between act and agent evaluations. (shrink)

There are some people whose actions are much more often good than evil. If their infrequent immorality does not cause much harm, it is reasonable to regard such people as morally good. Nevertheless, moral goodness remains an elusive quality, because it is difficult to identify good actions. Motives, consequences, knowledge of alternatives and of the conventions prevailing in the context, the agent's history, character, and information all have a bearing on whether particular actions are good. These facts are not easy (...) to ascertain in any case, but when we are looking for a pattern formed of countless good actions over a lifetime, the difficulties are compounded. (shrink)

My topic in this essay is the comparative moral value of self-interest and altruism. I take self-interest to consist in a positive attitude toward one's own good and altruism to consist in a similar attitude toward the good of others, and I assess these attitudes within a general theory of the intrinsic value of attitudes toward goods and evils. The first two sections of the essay apply this theory in a simple form, one that treats self-interest and altruism symmetrically. The (...) third section examines whether the theory can be revised to accommodate an apparent asymmetry in our common-sense thinking about self-interested and altruistic attitudes. I will start by assuming that each person has a good, or that certain states of the person are intrinsically desirable and others undesirable. Of course, philosophers have disagreed for centuries about what this good consists in, or what particular states are desirable. Welfarists take each person's good to consist in pleasure, the fulfillment of her preferences, or something describable as “welfare” or “happiness.” Perfectionists hold that certain states of a person are good apart from any connection with happiness. Thus, some perfectionists hold that knowledge, achievement, and deep personal relations are good independently of how much a person wants or enjoys them. For the purposes of this essay it does not matter much which initial claims about the good we accept. To discuss issues about self-interest and altruism we need only some initial theory of each person's good, whatever its specific content. Consequently, and to cover as many bases as possible, I will start by assuming a mixed welfarist-perfectionist theory of the good, one claiming that pleasure, knowledge, and achievement are all intrinsically good. (shrink)

The problem of undermedication of pain in health care is widely recognized and acknowledged; however, there is an obvious lack of exploration of this problem from an ethical perspective. When undermedication is raised as a moral concern, the underlying premise is that a patient may experience harm or not benefit from ineffective pain management practices. I will argue that the harm is of a particular type, that is, moral negligence. My intention is to increase nurses’ awareness of both the type (...) of moral harm they are causing, and their professional and moral duties to provide appropriate medication, more particularly to avoid undermedication. I hope that this heightened awareness will be incorporated into practice. As a nurse, I chose to focus on nursing for this article, but my claims are applicable to other health professions, such as medicine. (shrink)

This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in particular is (...) radically indeterminate, rife with internal contradictions, or an expression of the interests of a dominant economic class. And although, like Kelman, I believe that the freedom/determinism, act/character, and rule/principle dichotomies must ultimately be dealt with in order to have a completely satisfactory account of criminal law, I also believe that these dichotomies loom just as large in other areas of law and in normative theory generally. They are problems for Crits as well as for liberal-legalists. In any event, my intentions in undertaking this deconstructionist enterprise are modestly reformist, not revolutionary. I do not intend to shift any paradigms, but to work with well-established ones. I will assume that criminal law seeks to accomplish some blend of retributive response to and deterrence of culpable choices, choices to defy moral norms that are also legal norms. I will also assume that a culpable choice is one that reflects negatively on the values held by the chooser. Beyond these quite modest assumptions, I need not and will not venture in this paper, realizing, of course, that much has and can be written about the proper aims of punishment and the proper account of culpability. (shrink)