In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.

This tribute to the breadth and influence of Trudy Govier’s philosophical work begins with her early scholarship in argumentation theory, paying special attention to its pedagogical expression. Most people first encounter Trudy Govier’s work and many people only encounter it through her textbooks, especially A Practical Study of Argument, published in many editions. In addition to the work on argumentation that has continued throughout her career, much of Govier’s later work addresses social philosophy and the problems of trust and response (...) to moral wrongs. The introduction by Catherine Hundleby situates Govier’s research along the path of her unusual academic life. While following the timeline of Govier’s research publication, in this collection the authors build on her work and suggest certain new connections between her argumentation theory and social philosophy. A Practical Study of Argument, first published in 1985, situates Govier among a distinct segment of informal logicians whose concerns about teaching reasoning to post-secondary students orient their research, Takuzo Konishi argues. Moira Kloster evaluates Govier’s progress in the challenge of providing critical thinking education to diverse and changing social contexts. Shifting gears to social philosophy but still addressing education, Laura Elizabeth Pinto explores the significance of Govier’s work on trust for explaining the problem of “audit culture” for teaching. At the centre of this volume, social philosophy receives an abstract meta-ethical defense from Linda Radzik. Moving solidly into the domain of normative social philosophy, Alice MacLachlan reconsiders Govier’s condemnation of revenge by viewing it as a form of moral address, but she notes how revenge as an act of communication contrasts with argumentation in lacking the respect that Govier maintains is intrinsic to argumentation. MacLachlan ultimately agrees that revenge is morally indefensible. The practical challenges of addressing others in the aftermath of wrongdoing, especially in public contexts, can make it difficult to distinguish between victims and combatants or wrongdoers, Alistair Little and Wilhelm Verwoerd explain, and Kathryn Norlock argues that forgiveness is psychologically vexed too. People may recognize transformation to be in principle possible for all people, Norlock argues, and yet we may find the evidence regarding some particular evildoer sufficient to count that person as an exception. Finally Govier responds to the various papers. (shrink)

In the last decade we have entered the era of remote controlled military technology. The excitement about this new technology should not mask the ethical questions that it raises. A fundamental ethical question is who may be held responsible for civilian deaths. In this paper we will discuss the role of the human operator or so-called ‘cubicle warrior’, who remotely controls the military robots behind visual interfaces. We will argue that the socio-technical system conditions the cubicle warrior to dehumanize the (...) enemy. As a result the cubicle warrior is morally disengaged from his destructive and lethal actions. This challenges what he should know to make responsible decisions (the so-called knowledge condition). Nowadays and in the near future, three factors will influence and may increase the moral disengagement even further due to the decrease of locus of control orientation: (1) photo shopping the war; (2) the moralization of technology; (3) the speed of decision-making. As a result, cubicle warriors cannot be held reasonably responsible anymore for the decisions they make. (shrink)

One can think of the traditional logic of blame as involving three intuitively plausible claims: (1) blame is justified only if one is deserving of blame, (2) one is deserving of blame only if one is relevantly in control of the relevant causal antecedents, and (3) one is relevantly in control only if one has libertarian freedom. While traditional compatibilism has focused on rejecting either or both of the latter two claims, an increasingly common strategy is to deny the link (...) between blame and desert expressed in (1). While I think there is something right about many of these accounts of blame, I deny that the logic of blame can be divorced from the logic of desert. On my view, blame does have a conceptual connection to desert, but its justification is practical rather than theoretical, as the libertarian condition is a matter of adopting a stance towards a person rather than having a belief about her and the “true” causes of her action. I argue that blame fundamentally requires interacting with a person from the participant perspective and that the participant perspective, understood in terms of second-personal address, involves an ontological commitment to freedom. (shrink)

Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...) satisfactory account of promising. A new conventionalism can explain this by appealing to special features of social conventions. Two of these special features have important implications for any moral requirements they mediate, such as the requirement to keep one's promises and the moral requirements attached to social or occupational roles. First, these requirements will not depend on features of a situation that are inaccessible to typical participants in the convention. Second, these requirements often cannot be tailored to fit the overly unusual circumstances of participants. (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)

Ramsey sees life as a gift and a trust given to people by God. This theological understanding of human life frames his judgment of the immorality of euthanasia in its many forms. Assuming Ramsey’s theological insights and framing of this issue, I highlight a particular way of thinking about euthanasia that both seems to capture the essence of the debate and does not necessarily build the moral evaluation into its description. I aim to identify and unpack the description most consistent (...) with the claims made by Ramsey of how other end-of-life (EOL) care options are seen as life choices in order to die well enough. If this project is right-headed, it can be used as a backdrop for assessing how many of the currently accepted and perhaps developing options in EOL and palliative care may or may not be morally distinct from euthanasia. Therefore, those who oppose euthanasia while wanting also to maintain the appropriateness of many of other EOL care options in certain situations are not acting inconsistently. This primarily conceptual work is done in service to those who take Ramsey’s theological framework seriously. (shrink)

In his seminal essay “Freedom and Resentment,” Strawson drew attention to the role of such emotions as resentment, moral indignation, and guilt in our moral and personal lives. According to Strawson, these reactive attitudes are at once constitutive of moral blame and inseparable from ordinary interpersonal relationships. On this basis, he concluded that relinquishing moral blame isn’t a real possibility for us, given our commitment to personal relationships. If well founded, this conclusion puts the traditional free-will debate in a new (...) light. In particular, in so far as incompatibilists believe that we can or should forgo moral blame if determinism is true, their stance may seem out of touch with our emotional reality. Here I examine Strawson’s claim that the reactive attitudes are inseparable from ordinary interpersonal relationships. Strawson says surprisingly little to support this intriguing claim, and thus far no argument for it has emerged in the literature. My aim is to remedy this. Specifically, I set out an argument for a suitably formulated version of the inseparability claim, an argument that appeals to the relationship between the reactive attitudes and other elements of our emotional lives. I then show how this argument helps to answer an important recent challenge to Strawson’s position. If I am right, there is good reason to doubt that the reforms envisaged by some incompatibilists, reforms to our blame-related practices, are a real possibility for us. (shrink)

Blackmail raises a pair of parallel legal and moral problems, sometimes referred to as the "paradox of blackmail". It is sometimes legal and morally permissible to ask someone for money, or to threaten to release harmful information about them, while it is illegal and morally impermissible to do these actions jointly. I address the moral version of this paradox by bringing instances of blackmail under a general account of wrongful coercion. According to this account, and contrary to the appearances which (...) give rise to the paradox, threatening the release of harmful information to constrain another's actions is almost never morally impermissible unless it is likewise impermissible to carry out one's threat. To defend this claim I identify a special wrong that arises in the paradoxical cases of threatened information release. The account also resolves a number of other puzzles about blackmail—for example, why profiting from a threat in blackmail can sometimes be impermissible, even though accepting identical payment from an independent offer to retain the same information can be permissible. (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.

It is usually thought that wrongful acts of threat-involving coercion are wrong because they involve a violation of the freedom or autonomy of the targets of those acts. I argue here that this cannot possibly be right, and that in fact the wrongness of wrongful coercion has nothing at all to do with the effect such actions have on their targets. This negative thesis is supported by pointing out that what we say about the ethics of threatening (and thus the (...) ethics of coercion) constrains what we can say about the ethics of warning and offering. Importantly, our favoured explanation of the wrongness of certain kinds of threatening should not commit us to condemning as wrong parallel cases of warning and offering. My positive project is to show how this can be done. I defend the claim that wrongful coercion is nothing more than the issuing of a conditional threat to do wrong, and that an agent's issuing of a conditional threat to do wrong is wrong because it constitutes motivation for that agent to adopt the announced intention to do wrong. The idea of explaining the wrongness of wrongful coercion in this way has gone unnoticed because we have thus far been mistaken about what a threat is. In this essay I present my moral analysis of coercion only after presenting a careful descriptive analysis of threats. On my view, it is essential to a threat that the announced intention is one that the agent does not possess before announcing it. This analysis makes it possible to elucidate the descriptive differences between threats, warnings and offers, which sets up the later project of elucidating the moral differences between them. (shrink)

Hypocrisy is widely thought to be morally objectionable in a way that undermines the hypocrite’s moral standing to blame others. To wit, we seem to intuitively accept the “Nonhypocrisy Condition:” R has the standing to blame S for some violation of a moral norm N only if R’s blaming S is not hypocritical. This claim has been the subject of intensifying philosophical investigation in recent years. However, we can only understand why hypocrisy is morally objectionable and has an effect on (...) standing to blame if we can correctly characterize hypocrisy itself. Unfortunately, some recent discussions fail to do this, which fatally undermines subsequent arguments concerning the effect of hypocrisy on the standing to blame. This paper’s central aim is to develop and defend a better account of hypocrisy. The hope is that with such an account in hand, we can explain and perhaps justify our moral aversion to hypocrisy in general as well as the Nonhypocrisy Condition in particular. (shrink)

The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

In this paper I articulate a view of doxastic control that helps defend the legitimacy of our practice of blaming people for their beliefs. I distinguish between three types of doxastic control: intention-based, reason-based, and influence-based. First I argue that, although we lack direct intention-based control over our beliefs, such control is not necessary for legitimate doxastic blame. Second, I suggest that we distinguish two types of reason-responsiveness: sensitivity to reasons and appreciation of reasons. I argue that while both capacities (...) are necessary for satisfying the control condition, neither is sufficient. Finally, I defend an influence-based view of doxastic control according to which we have the capacity to execute intentions to engage in reflection that causally influences our beliefs in positive epistemic ways. This capacity is both necessary and sufficient for satisfying the control condition for legitimate doxastic blame. I end by defending the view from two objections: that reflection is not necessary for meeting the control condition, and that it is not sufficient. (shrink)

While libertarians affirm personal responsibility as a central moral and political value, libertarian theorists write relatively little about the theory and practice of this value. Focusing on the work of F. A. Hayek and David Schmidtz, this article identifies the core of a libertarian approach to personal responsibility and demonstrates the ways in which this approach entails a radical revision of the ethics and American politics of personal responsibility. Then, I highlight several central implications of this analysis in the American (...) political and economic status quo. First, this analysis makes a mockery of so-called libertarian/conservative ‘fusionism’, such that libertarian personal responsibility cannot partner with meritocratic conservative thought to provide a plural grounding for rejecting progressive or redistributive economic policy. Next, preferred libertarian policies threaten the status, esteem and social bases of self-respect of citizens who are worse-off through little or no fault of their own. Finally, these policies undermine the ethics of personal responsibility that Americans from across the ideological spectrum value and many conservatives and libertarians celebrate. In the American status quo, those who value personal responsibility must reserve a central place for policies that mitigate opportunity and distributive inequalities. (shrink)

Without taking a position on the overall justification of anti-doping regulations, I analyse the possible justification of Therapeutic Use Exemptions from such rules. TUEs are a creative way to prevent the unfair exclusion of athletes with a chronic condition, and they have the potential to be the least bad option. But they cannot be competitively neutral. Their justification must rest, instead, on the relevance of intentions to permissibility. I illustrate this by means of a set of thought experiments in which (...) only an athlete’s intentions vary. I argue that the Doctrine of Double Effect sheds some light on TUEs and illustrate this by applying different readings of the DDE to the thought experiment. This underpins a justification of anti-doping exemptions very different from the approach adopted by the World Anti-Doping Agency. I argue for three changes to bring TUEs in line with this understanding: rewriting of the regulations, transparency, and a greater role for athletes in determining what exemptions are allowed, and when. (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)

The obligations we owe to those with whom we share a valuable relationship (like friendship) cannot be reduced to the obligations we owe to others simply as fellow persons (e.g. the duty to reciprocate benefits received). Wallace suggests that this is because such valuable relationships are loving relationships. I instead propose that it is because, unlike general moral obligations, such valuable relationships (and their constitutive obligations) serve our normative interests. Part of what makes friendship good for us is that it (...) involves bonds of loyalty. Our lives go better if we are bound to others in this way. (shrink)

The obligations we owe to those with whom we share a valuable relationship (like friendship) cannot be reduced to the obligations we owe to others simply as fellow persons (e.g. the duty to reciprocate benefits received). Wallace suggests that this is because such valuable relationships are loving relationships. I instead propose that it is because, unlike general moral obligations, such valuable relationships (and their constitutive obligations) serve our normative interests. Part of what makes friendship good for us is that it (...) involves bonds of loyalty. Our lives go better if we are bound to others in this way. (shrink)

The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...) version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation. (shrink)

Responsibility, blameworthiness in particular, has been characterized in a number of ways in a literature in which participants appear to be talking about the same thing much of the time. More specifically, blameworthiness has been characterized in terms of what sorts of responses are fair, appropriate, and deserved in a basic way, where the responses in question range over blame, sanctions, alterations to interpersonal relationships, and the reactive attitudes, such as resentment and indignation. In this paper, I explore the relationships (...) between three particular theses: (i) the claim that one is blameworthy to the extent that it is fair to impose sanctions, (ii) the claim that one is blameworthy to the extent that one deserves sanctions, and (iii) the claim that one is blameworthy to the extent that it is appropriate to respond with reactive attitudes. Appealing to the way in which luck in the outcome of an action can justifiably affect the degree of sanctions received, I argue that (i) is false and that fairness and desert come apart. I then argue that the relationship between the reactive attitudes and sanction is not as straightforward as has sometimes been assumed, but that (ii) and (iii) might both be true and closely linked. I conclude by exploring various claims about desert, including ones that link it to the intrinsic goodness of receiving what is deserved and to the permissibility or rightness of inflicting suffering. (shrink)

‘Zero tolerance’ of avoidable infection events is explicit in UK and international policy documents describing strategies for the control of healthcare-associated infection. I consider what principles governing avoidable infections acquired in healthcare institutions might be reasonably rejected from the contractualist perspective of Thomas Scanlon. Many hospital infections can be cost-effectively avoided. There would seem to be additional reasons to take the prevention of avoidable infection acquired in hospitals seriously in addition to optimizing the cost-effectiveness of healthcare. These include the irretrievable (...) nature of the harm of some of the infections; the reasonable rejection of avoidable harm when the patient could not rationally consent to the risk of harm and the social consequences such as loss of trust in healthcare providers. Despite these reasons, a principle of ‘zero tolerance’ has implausible implications, promotes unrealistic patient expectations and can be reasonably rejected from the perspective of those who will suffer unacceptable opportunity costs. However, the contractualist perspective would also seem to reject a principle of tolerance of harm when there is a feasible reconfiguration of institutional arrangements that reduces the risk of harm without a redistribution of a proportionate or greater burden to others. (shrink)

Attribution of responsibility to individuals for outbreaks of infectious disease is challenging even with the most sophisticated microbial typing techniques. Typing methods can help to elucidate potential transmission pathways but there are additional conditions required before responsibility for the spread of infection can be attributed to individuals. These conditions include the knowledge and opportunity to undertake alternative actions. Governmental and institutional obligations arise from the requirement for concerted collective action(s) which, by contrast with individuals, have the knowledge and resources to (...) investigate outbreaks, and design and implement control measures. Individuals should not be the presumptive targets for the ascription of responsibility for outbreaks of infection. Indeed, our focus ought to be on the institutional obligations that fall upon public health providers as the primary agents with responsibility for assuring the concerted actions required to protect the public’s health. (shrink)

For a long time the dominant view on the nature of blame was that to blame someone is to have an emotion toward her, such as anger, resentment or indignation in the case of blaming someone else and guilt in the case of self-blame. Even though this view is still widely held, it has recently come under heavy attack. The aim of this paper is to elaborate the idea that to blame is to have an emotion and to defend the (...) resulting emotion account of blame. (shrink)

In this article, I examine Michael Bratman’s account of stability in his planning theory of intention. Future-directed intentions should be stable, or appropriately resistant to change, over time. Bratman claims that the norm of stability governs both intentions and plans. The aim of this article is to critically enrich Bratman’s account of stability by introducing plasticity as an additional norm of planning. I construct plasticity as a kind of stability of intentions which supplements Bratman’s notion of “reasonable stability.” Unlike the (...) latter, plasticity applies mainly to cases in which plan states are abandoned without reconsideration. I focus on the intra-theoretical problems of PTI and elucidate: the distinction between future-directed intentions and plans, the conceptual difference between stability and inertia, which is only implicit in PTI, and the role of the environment of the planner, which has a vestigial role in Bratman’s work. I also defend my incorporation of pl... (shrink)

Theorists have spent considerable time discussing the concept of responsibility. Their discussions, however, have generally focused on the question of who counts as responsible, and for what. But as Gary Watson has noted, “Responsibility is a triadic relationship: an individual (or group) is responsible to others for something” (Watson Agency and answerability: selected essays, 2004 , p. 7). Thus, theorizing about responsibility ought to involve theorizing not just about the actor and her conduct, but also about those the actor is (...) responsible to—and specifically about how these people hold the actor responsible for her conduct. In this paper, I give a topology of the terrain of holding others responsible. Over the course of the paper I disambiguate two very broad senses of holding responsible—regarding another as a responsible agent and holding another responsible for a particular piece of conduct. Next, I argue that the latter sense of holding responsible is a genus with two species—what I will call “holding responsible as deep moral appraisal” and “holding responsible as accountability.” Appreciating these distinctions, I argue, sheds considerable light on a number of questions concerning the scope and nature of our practices of holding others responsible. Finally, illuminating these distinct senses of holding responsible and highlighting their features reveals an awkwardness in the most carefully explicated and influential account of holding responsible, namely R. Jay Wallace’s account in Responsibility and the Moral Sentiments. (shrink)

In recent years, a number of philosophers have conducted empirical studies that survey people's intuitions about various subject matters in philosophy. Some have found that intuitions vary accordingly to seemingly irrelevant facts: facts about who is considering the hypothetical case, the presence or absence of certain kinds of content, or the context in which the hypothetical case is being considered. Our research applies this experimental philosophical methodology to Judith Jarvis Thomson's famous Loop Case, which she used to call into question (...) the validity of the intuitively plausible Doctrine of Double Effect. We found that intuitions about the Loop Case vary according to the context in which the case is considered. We contend that this undermines the supposed evidential status of intuitions about the Loop Case. We conclude by considering the implications of our findings for philosophers who rely on the Loop Case to make philosophical arguments and for philosophers who use intuitions in general. (shrink)

A number of philosophers have recently argued that agents need not be conscious of the reasons for which they act or the moral significance of their actions in order to be morally responsible for them. In this paper, I identify a kind of awareness that, I claim, agents must have in order to be responsible for their actions. I argue that conscious information processing differs from unconscious in a manner that makes the following two claims true: (1) an agent’s values (...) ought to be identified with attitudes of which she is conscious, because having a value entails having a set of dispositions produced by conscious attitudes alone, and (2) that only actions settled upon by conscious deliberation are deeply attributable to agents, because only such actions express the agent’s evaluative stance. (shrink)

The recent debate over the moral responsibility of psychopaths has centered on whether, or in what sense, they understand moral requirements. In this paper, I argue that even if they do understand what morality requires, the content of their actions is not of the right kind to justify full-blown blame. I advance two independent justifications of this claim. First, I argue that if the psychopath comes to know what morality requires via a route that does not involve a proper appreciation (...) of what it means to cause another harm or distress, the content of violations of rules against harm will be of a lower grade than the content of similar actions by normal individuals. Second, I argue that in order to intend a harm to a person?that is, to intend the distinctive kind of harm that can only befall a person?it is necessary to understand what personhood is and what makes it valuable. The psychopath's deficits with regard to mental time travel ensure that s/he cannot intend this kind of harm. (shrink)

The Limits of Blame, by KellyErin I. Cambridge, MA: Harvard University Press, 2018. Pp. 221.

Experimental research in moral psychology can be used to generate debunking arguments in ethics. Specifically, research can indicate that we draw a moral distinction on the basis of a morally irrelevant difference. We develop this naturalistic approach by examining a recent debate between Joshua Greene and Selim Berker. We argue that Greene's research, if accurate, undermines attempts to reconcile opposing judgments about trolley cases, but that his attempt to debunk deontology fails. We then draw some general lessons about the possibility (...) of empirical debunking arguments in ethics. (shrink)

It has often been suggested that people’s ordinary capacities for understanding the world make use of much the same methods one might find in a formal scientific investigation. A series of recent experimental results offer a challenge to this widely-held view, suggesting that people’s moral judgments can actually influence the intuitions they hold both in folk psychology and in causal cognition. The present target article distinguishes two basic approaches to explaining such effects. One approach would be to say that the (...) relevant competencies are entirely non-moral but that some additional factor (conversational pragmatics, performance error, etc.) then interferes and allows people’s moral judgments to affect their intuitions. Another approach would be to say that moral considerations truly do figure in workings of the competencies themselves. It is argued that the data available now favor the second of these approaches over the first. (shrink)

Discrimination might be considered unjust on account of the comparative disadvantage it imposes, the absolute disadvantage it imposes, the disrespect it shows, or the prejudice it shows. This article argues that each of these accounts overlooks some cases of unjust discrimination. In response to this state of affairs we might combine two or more of these accounts. A promising approach combines the comparative disadvantage and absolute disadvantage accounts.

This article concerns the morality of establishing regulated kidney markets in an effort to reduce the chronic shortage of kidneys for transplant. The article tries to rebut the view, recently defended by James Taylor, that if we hold autonomy to be intrinsically valuable, then we should be in favor of such markets. The article then argues that, under current conditions, the buying and selling of organs in regulated markets would sometimes violate two Kantian principles that are seen as moral constraints. (...) One principle forbids expressing disrespect for the dignity of humanity; the other forbids treating others merely as means. In light of the moral danger posed by regulated markets, the article advocates an alternative way of diminishing the current organ shortage, namely opt-out systems of cadaveric organ donation. (shrink)

Ethical theory often starts with our intuitions about particular cases and tries to uncover the principles that are implicit in them; work on the ‘trolley problem’ is a paradigmatic example of this approach. But ethicists are no longer the only ones chasing trolleys. In recent years, psychologists and neuroscientists have also turned to study our moral intuitions and what underlies them. The relation between these two inquiries, which investigate similar examples and intuitions, and sometimes produce parallel results, is puzzling. Does (...) it matter to ethics whether its armchair conclusions match the psychologists’ findings? I argue that reflection on this question exposes psychological presuppositions implicit in armchair ethical theorising. When these presuppositions are made explicit, it becomes clear that empirical evidence can (and should) play a positive role in ethical theorising. Unlike recent assaults on the armchair, the argument I develop is not driven by a naturalist agenda, or meant to cast doubt on the reliability of our moral intuitions; on the contrary, it is even compatible with non-naturalism, and takes the reliability of intuition as its premise. The argument is rather that if our moral intuitions are reliable, then psychological evidence should play a surprisingly significant role in the justification of moral principles. (shrink)

Does the content of a physically dangerous job affect the moral permissibility of hiring for that job? To what extent may employers consider costs in choosing workplace safety measures? Drawing on Kantian ethical theory, this article defends two strong ethical standards of workplace safety. First, the content of a hazardous job does indeed affect the moral permissibility of offering it. Unless employees need hazard pay to meet basic needs, it is permissible to offer a dangerous job only if prospective employees (...) have a reason other than hazard pay to choose this job instead of safer alternatives. Second, employers typically cannot justify omitting expensive safety measures by paying employees more, even if employees prefer higher pay to greater safety. Employers offering dangerous jobs must meet these two standards to avoid treating their employees merely as means. (shrink)

Some writers, such as John Fischer and Michael McKenna, have recently claimed that an agent can be morally responsible for a wrong action and yet not be blameworthy for that action. A careful examination of the claim, however, suggests two readings. On one reading, there are further conditions on blameworthiness beyond freely and wittingly doing wrong. On another innocuous reading, there are no such further conditions. Despite Fischer and McKenna’s attempts to offer further conditions on blameworthiness in addition to responsibility (...) for wrongdoing, I argue that only the innocuous reading is plausible. Once we distinguish between blame being deserved and blame being all-things-considered appropriate, we need not appeal to further conditions on blameworthiness. This discussion has important upshots regarding how compatibilists respond to certain manipulation arguments and how proponents of derived responsibility respond to criticism that agents are responsible even for outcomes that are not reasonably foreseeable. (shrink)

Hypocrites are often thought to lack the standing to blame others for faults similar to their own. Although this claim is widely accepted, it is seldom argued for. We offer an argument for the claim that nonhypocrisy is a necessary condition on the standing to blame. We first offer a novel, dispositional account of hypocrisy. Our account captures the commonsense view that hypocrisy involves making an unjustified exception of oneself. This exception-making involves a rejection of the impartiality of morality and (...) thereby a rejection of the equality of persons, which we argue grounds the standing to blame others. (shrink)

It is widely believed that we ought not to criticize others for wrongs that we ourselves have committed. The author draws out and challenges some of the background assumptions about the practice of criticism that underlie our attraction to this claim, such as the tendency to think of criticism either as a social sanction or as a didactic intervention. The author goes on to offer a taxonomy of cases in which the moral legitimacy of criticism is challenged on the grounds (...) that the critic him- or herself engages in the behavior that he or she criticizes in others. The author argues that, in each type of case, the would-be critics should not constrain their participation in moral discourse on the grounds that they are not themselves innocent of the wrongdoing they criticize in others. (shrink)

The recent debate on cognitive phenomenology has largely focused on phenomenal aspects connected to the content of thoughts. By contrasts, aspects pertaining to their attitude have often been neglected, despite the fact that they are distinctive of the mental kind of thought concerned and, moreover, also present in experiences and thus less contentious than purely cognitive aspects. My main goal is to identify two central and closely related aspects of attitude that are phenomenologically salient and shared by thoughts with experiences, (...) namely the rational role that they play in our mental lives and their determination by factors external to them, such as external objects or reasons. In particular, I aim to defend Phenomenal Rationalism about judgemental thoughts and perceptual experiences: the view that their phenomenal character reflects their rational role, that is, their capacity to provide and/or respond to reasons. I conclude with some remarks about how this view may be extended to other kinds of th... (shrink)

David Shoemaker has claimed that a binary approach to moral responsibility leaves out something important, namely instances of marginal agency, cases where agents seem to be eligible for some responsibility responses but not others. In this paper we endorse and extend Shoemaker’s approach by presenting and discussing one more case of marginal agency not yet covered by Shoemaker or in the other literature on moral responsibility. Our case is that of Kenneth Parks, a Canadian man who drove a long way (...) to his mother-in-law’s and killed her in a state of somnambulism. We support our claim about Parks’ marginal responsibility in three steps: we first deny that Parks acts involuntarily as traditionally claimed in the legal literature; we then propose to extend Shoemaker’s analysis of marginal responsibility based on quality of will so as to include two other dimensions: the moral status of the agent and the actual causal effects of their actions; finally, we distinguish Parks’ marginal responsibility from four other existing concepts: “tracing”, diminished responsibility, causal responsibility, and moral disapproval without responsibility. (shrink)

This paper concerns the problem of moral luck—the fact that our moral judgements appear to depend, perhaps unjustifiably, on matters of luck. The history and scope of the problem are discussed. It is suggested that our result-sensitive sentiments have their origin in views about moral pollution we might now wish to reject in favour of a volitionalist ethics.

In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions – appraisal, communication, and sanction – that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.