Despite the growing attention to oppression and resistance in social and political philosophy as well as ethics, philosophers continue to struggle to describe and appropriately attribute agency under non-ideal circumstances of oppression and structural injustice. This chapter identifies some features of new accounts of non-ideal agency and then examines a particular problem for such theories, what Serene Khader has called the agency dilemma. Under the agency dilemma, attempts to articulate the agency of subjects living under oppression must on the one (...) hand avoid overemphasizing constraints on agency, and thereby producing paternalistic theories that “deny agency” for oppressed subjects, and on the other hand avoid failing to fully appreciate the effects of oppression on agency, thereby missing crucial features of how oppression unjustly shapes a person’s lived possibilities. This chapter traces this dilemma to a preoccupation with ascribing agency, which produces problematic descriptive and political effects for theorizing agency under oppression: what the author calls an asymmetry problem and a disenfranchisement problem. Finally, the chapter proposes that the agency dilemma might be ameliorated if theorists scrutinize more closely how moral, epistemic, and political agency interact and overlap in life under oppression. (shrink)

This is an opinionated guide to the literature on epistemic dilemmas. It discusses seven kinds of situations where epistemic dilemmas appear to arise; dilemmic, dilemmish, and non-dilemmic takes on them; and objections to dilemmic views along with dilemmist’s replies to them.

Forgiveness has enjoyed intense scholarly interest since the 1980s. I provide a historical overview, then identify themes in the literature, with an emphasis on those relevant to the moral psychology of forgiveness in the twenty-first century. I conclude with some attention to dual-process theories of moral reasoning in order to suggest that key debates in forgiveness are not at odds so much as they may be aligned with the different moral aims of moral and mental processes that differ in kind. (...) I argue for the view that the moral aims of forgiveness are multiple, following scholars who maintain a multidimensional account of forgiveness with a focus on the functions of forgiveness in relationships and the importance of forgiveness to its practitioners rather than a unified definition or justification that applies to all moral occasions. (shrink)

ABSTRACTWhen is sacrifice – and particularly self-sacrifice – called for? This question turns out to be difficult to answer, for it tends to arise when values conflict, and hence the answer to it depends on how conflicts of values are to be resolved. If values are constructed, and if there is no single right way to construct them or prioritize them when they conflict, though there are identifiable ways in which the construction of values can go wrong, we may be (...) left in a position of ambivalence about what should be sacrificed. In cases of conflict in which self-sacrifice is one of the options, ambivalence may be particularly appropriate. In part this is because there may be in such cases special sources of plurality and incommensurability of values, because the conflict is likely to be between something that is valued by a social group, and something that is valued particularly by an individual who has to consider self-sacrificing. And in part it is because individuals may have trouble balancing self-regarding and other-regarding concerns in the process of value construction. This paper elaborates these complications, and presents cases in which we might suspect that someone has self-sacrificed too much or too little. (shrink)

Nurses and other medical practitioners often experience moral distress: they feel an anguished sense of responsibility for what they take to be their own moral failures, even when those failures were unavoidable. However, in such cases other people do not tend to think it is right to hold them responsible. This is an interesting mismatch of reactions. It might seem that the mismatch should be remedied by assuring the practitioner that they are not responsible, but I argue that this denies (...) something important that the phenomenon of moral distress tells us. In fact, both the practitioners’ tendencies to hold themselves responsible and other people’s reluctance to hold the practitioners responsible get something right. The practitioners may be right that they are responsible in the sense of having failed to meet a binding moral requirement, even when the requirement was impossible to meet. This makes moral distress a fitting response because it correctly represents their own action as a wrongdoing. However, others may meanwhile be right that the practitioners are not responsible in the sense of being culpable and blameworthy. To blame others, or oneself, for certain failures, including those that are unavoidable, would be unfair. My claim depends on distinguishing between the fittingness and the fairness of holding someone (including oneself) responsible for moral failure. Having drawn the distinction, I suggest that moral distress should be addressed in a way that both recognizes it as a fitting response and avoids the unfairness of blame. (shrink)

Wie sollen sich autonome Fahrzeuge verhalten, wenn ein Unfall nicht mehr abwendbar ist? Die Komplexität spezifischer moralischer Dilemmata, die in diesem Kontext auftreten können, lässt bewährte ethische Denktraditionen an ihre Grenzen stoßen. Dieser Aufsatz versteht sich als Versuch, neue Lösungsperspektiven mithilfe einer risikoethischen Sichtweise auf die Problematik zu eröffnen und auf diese Weise deren Relevanz für die Programmierung von ethischen Unfallalgorithmen aufzuzeigen. Im Zentrum steht dabei die Frage, welche Implikationen sich aus einer Auffassung von Dilemma-Situationen als risikoethische Verteilungsprobleme im Hinblick (...) auf die Zulässigkeit von entsprechenden Risikoübertragungen ergeben. Dabei wird zunächst eine risikoethische Interpretation des zugrundeliegenden Entscheidungsproblems skizziert, welches durch seine dilemmatische Struktur eine besondere Risikokonstellation begründet. Ausgehend von den Positionen von Sven Ove Hansson und Julian Nida-Rümelin wird für einen deontologisch-risikoethischen Ansatz argumentiert, der auf Individualrechten einerseits und einer interpersonell gerechten Verteilung der entstehenden Schadensrisiken anderseits basiert. Diese beiden Kriterien werden für den Anwendungskontext des autonomen Fahrens konkretisiert. Zum einen wird in Bezug auf das erste Kriterium argumentiert, dass individuelle Rechte genau dann als angemessen gewahrt gelten können, wenn die resultierenden Risikoübertragungen auf die Einzelnen in ihrer absoluten Höhe jeweils zumutbar sind. Zum anderen werden Schwierigkeiten skizziert, die sich hinsichtlich der konkreten Umsetzung des zweiten Kriteriums der Verteilungsgerechtigkeit ergeben. In diesem Zusammenhang werden beispielsweise ethische Herausforderungen in Bezug auf einen möglichen Vorteilsausgleich, das Prinzip der Schadensminimierung sowie individuell unterschiedliche Ausgangsbedingungen der persönlichen Schadensreduktion kritisch in den Blick genommen. (shrink)

The priority that Tessman’s argument gives to phenomenological and neuropsychological explanations of moral requirements entails a fundamental shift in our understanding of these. Two central problems of normative theory come together in Tessman’s account. The first arises when an agent’s sense of requirement clashes with what a systematic theory prescribes. The second arises when neuropsychological accounts fail to fit the prescription. Tessman argues that no account successfully resolves moral dilemmas such that ought always implies can, and she argues that neuropsychology (...) explains our sense of impossible requirements. This explanation eliminates the role of a prescriptive theory in explaining an agent’s sense of requirement. (shrink)

It is a philosophical truism that we must think of others as moral agents, not merely as causal or statistical objects. But why? I argue that this follows from the best resolution of an antinomy between our experience of morality as necessarily binding on the will and our knowledge that all moral beliefs originate in contingent histories. We can address this antinomy only by understanding moral deliberation via interpersonal relationships, which simultaneously vindicate and constrains morality’s bind on the will. This (...) means that moral agency is fundamentally social. I model an attitude toward our causal nature on sociologist Erving Goffman’s concept of ‘civil inattention’; our social practice of agency requires that we give minimal attention to the contingent origins of moral judgments in ourselves and others. Understood this way, seeing ourselves as moral agents requires avoiding appeal to causal aetiology to settle substantive moral disagreement. (shrink)

In this paper I argue that junior doctors are morally exploited. Moral exploitation occurs where an individual’s vulnerability is used to compel them to take on additional moral burdens. These might include additional moral responsibility, making weighty moral decisions and shouldering the consequent emotions. Key to the concept of exploitation is vulnerability and here I build on Rosalind McDougall’s work on the key roles of junior doctors to show how these leave them open to moral exploitation by restricting their reasonable (...) options. I argue that there are a number of ways junior doctors are morally exploited. First, their seniors can leverage their position to force a junior to take on some discreet decision. More common is the second type of moral exploitation where rota gaps and staffing issues means junior doctors take on more than their fair share of the moral burdens of practice. Third, I discuss structural moral exploitation where the system offloads moral burdens onto healthcare professionals. Not every instance of exploitation is wrongful and so I conclude by exploring the ways that moral exploitation wrongs junior doctors. (shrink)

Open Access: This essay argues that Claudia Card numbers among important contributors to nonideal ethical theory, and it advocates for the worth of NET. Following philosophers including Lisa Tessman and Charles Mills, the essay contends that it is important for ethical theory, and for feminist purposes, to carry forward the interrelationship that Mills identifies between nonideal theory and feminist ethics. Card's ethical theorizing assists in understanding that interrelationship. Card's philosophical work includes basic elements of NET indicated by Tessman, Mills, and (...) others, and further offers two important and neglected elements to other nonideal ethical theorists: her rejection of the “administrative point of view,” and her focus on “intolerable harms” as forms of “extreme moral stress” and obstacles to excellent ethical lives. The essay concludes that Card's insights are helpful to philosophers in developing nonideal ethical theory as a distinctive contribution to, and as a subset of, nonideal theory. (shrink)

Austerity, by its very nature, imposes constraints by limiting the options for action available to us because certain courses of action are too costly or insufficiently cost effective. In the context of healthcare, the constraints imposed by austerity come in various forms; ranging from the availability of certain treatments being reduced or withdrawn completely, to reductions in staffing that mean healthcare professionals must ration the time they make available to each patient. As austerity has taken hold, across the United Kingdom (...) and Europe, it is important to consider the wider effects of the constraints that it imposes in healthcare. Within this paper, we focus specifically on one theorised effect—moral distress. We differentiate between avoidable and unavoidable ethical challenges within healthcare and argue that austerity creates additional avoidable ethical problems that exacerbate clinicians’ moral distress. We suggest that moral resilience is a suitable response to clinician moral distress caused by unavoidable ethical challenges but additional responses are required to address those that are created due to austerity. We encourage clinicians to engage in critical resilience and activism to address problems created by austerity and we highlight the responsibility of institutions to support healthcare professionals in such challenging times. (shrink)

BackgroundEthiopia’s 2005 abortion law improved access to legal abortion. In this study we examine the experiences of abortion providers with the revised abortion law, including how they view and resolve perceived moral challenges.MethodsThirty healthcare professionals involved in abortion provisions in Addis Ababa were interviewed. Transcripts were analyzed using systematic text condensation, a qualitative analysis framework.ResultsMost participants considered the 2005 abortion law a clear improvement—yet it does not solve all problems and has led to new dilemmas. As a main finding, the (...) law appears to have opened a large space for professionals’ individual interpretation and discretion concerning whether criteria for abortion are met or not. Regarding abortion for fetal abnormalities, participants support the woman’s authority in deciding whether to choose abortion or not, although several saw these decisions as moral dilemmas. All thought that abortion was a justified choice when a diagnosis of fetal abnormality had been made.ConclusionEthiopian practitioners experience moral dilemmas in connection with abortion. The law places significant authority, burden and responsibility on each practitioner. (shrink)

In Moral Failure, Lisa Tessman argues against two principles of moral theory, that ought implies can and that normative theory must be action-guiding. Although Tessman provides a trenchant account of how we are thrust into the misfortune of moral failure, often by our very efforts to act morally, and although she shows, through a discussion well-informed by the latest theorizing in ethics, neuroethics, and psychology, how much more moral theory can do than provide action-guiding principles, I argue that the two (...) theses of moral theory that she disputes remain indispensable for ethical theory. (shrink)

This paper aims to contribute to the current debate about the status of the “Ought Implies Can” principle and the growing body of empirical evidence that undermines it. We report the results of an experimental study which show that people judge that agents ought to perform an action even when they also judge that those agents cannot do it and that such “ought” judgments exhibit an actor-observer effect. Because of this actor-observer effect on “ought” judgments and the Duhem-Quine thesis, talk (...) of an “empirical refutation” of OIC is empirically and methodologically unwarranted. What the empirical fact that people attribute moral obligations to unable agents shows is that OIC is not intuitive, not that OIC has been refuted. (shrink)

Postcolonial and transnational feminists’ calls to recognize “other” women’s agency have seemed to some Western feminists to entail moral quietism about women’s oppression. Here, I offer an antirelativist framing of the transnational feminist critiques, one rooted in a conception of transnational feminisms as a nonideal theoretical enterprise. The Western feminist problem is not simple ethnocentrism, but rather a failure to ask the right types of normative questions, questions relevant to the nonideal context in which transnational feminist praxis occurs. Instead of (...) asking which forms of power are gender-justice-enhancing, Western feminists are fixated on contrasting “other” cultures to an idealized Western culture. A focus on ideal theorizing works together with colonial epistemic practices to divert Western feminist attention from key questions about what will reduce “other” women’s oppression under conditions of gender injustice and ongoing imperialism. Western feminists need to ask whether “other” women’s power is resistant, and answering this question requires a focus on what Amartya Sen would call “justice enhancement” rather than an ideal of the gender-just culture. I show how a focus on resistance, accompanied by a colonialism-visibilizing hypothesis and a normative vision that allows multiple strategies for transitioning out of injustice, can guide Western feminists toward more appropriate questions about “other” women’s power. (shrink)

This paper investigates a moral conflict that care workers, defined as workers who care for dependent others, confront when they go on strike. Care workers who confront decisions about whether to go on strike are, in my analysis, caught between impossible options: Should they prioritize the needs of those who are currently dependent upon them, and forego striking, or prioritize their long-term ability to provide the best possible care, and partake in strikes? I argue that care workers who confront these (...) decisions are often caught in a tragic moral conflict where “moral failure” is inevitable. However, I argue that we should place blame for said moral failures not upon striking care workers themselves but upon employers and others responsible for creating the decision contexts in which care workers must morally fail. I also argue that those responsible for creating the decision contexts in which care workers must morally fail are guilty of various moral and material harms to care workers. (shrink)

To explain why we should be structurally rational – or mentally coherent – is notoriously difficult. Some philosophers argue that the normativity of structural rationality can be explained in terms of substantive rationality, which is a matter of correct response to reason. I argue that the psychological phenomena – positive illusions – are counterexamples to the substantivist approach. Substantivists dismiss the relevance of positive illusions because they accept evidentialism that reason for belief must be evidence. I argue that their evidentialist (...) stance would imply that we are caught in unsolvable dilemmas arising from positive illusions. (shrink)

Moral luck occurs when factors beyond an agent’s control positively affect how much praise or blame she deserves. Kinds of moral luck are differentiated by the source of lack of control such as the results of her actions, the circumstances in which she finds herself, and the way in which she is constituted. Many philosophers accept the existence of some of these kinds of moral luck but not others, because, in their view, the existence of only some of them would (...) make morality unfair. I, however, argue that this intermediary approach is unstable, because either morality is fair in ways that rule out resultant, circumstantial, and constitutive moral luck (and this leads to moral responsibility skepticism), or morality is unfair in ways that permit the existence of those kinds of moral luck. Thus, such intermediary approaches lack the motivation that their proponents have long taken them to have. In the appendix, I point to ways in which morality is unfair concerning the scope of moral responsibility, moral obligation, moral taint, being a good or bad person, and flourishing. (shrink)

This article asks whether our moral duties are created by others’ non-compliance and whether we should fulfill them or not. For example, do we need to donate more of our income to eradicate world poverty because billionaires do not donate? If so, how much should we donate? In short, should we make up for others’ defaulting on their moral duties – and if so, how and to what extent? Such situations are called non-ideal circumstances in political philosophy. With the increasing (...) importance of non-ideal theories of justice and ethics, the question of how we should act in non-ideal situations has received more attention in the ethics literature in recent years. This article poses and addresses the question of whether we should take up the slack when others do not comply with their own moral duty. This article examines how consequentialism and contractualism might respond to non-ideal situations of taking up the slack and then defends a contractualist-constructivist approach to dealing with these situations. (shrink)

In this paper, we investigate the ‘ought implies can’ thesis, focusing on explanations and interpretations of OIC, with a view to clarifying its uses and relevance to legal philosophy. We first review various issues concerning the semantics and pragmatics of OIC; then we consider how OIC may be incorporated in Hartian and Kelsenian theories of the law. Along the way we also propose a taxonomy of OIC-related claims.

Constructivism as a distinct metaethical position has garnered significant interest in recent years due in part to Sharon Street’s theory, Humean metaethical constructivism. According to Street’s account, practical reasons are constructed by individual valuing entities. On this view, then, whether a particular reason applies to an individual is completely contingent upon what that individual actually values. In this article I argue for the recognition of multiple sources of practical reasons and values, including both individuals and communities. The resulting view, which (...) I call layered constructivism, strengthens the constructivist project and begins to resolve some of the common critiques leveled against Street’s Humean constructivism. To begin, layered constructivism retains many of the benefits of Street’s approach, such as providing a naturalistic picture of normativity and maintaining a close tie between practical reasons and individual motivation. Moreover, the inclusion of collective sources of normativity and the importance of the resulting values for individuals is supported by recent empirical research on norms. Layered constructivism can also respond to the common concerns that Humean constructivism fails to adequately account for the immense influence our social lives have on our normative reasons and values, and that it entails an objectionable level of contingency. Finally, acknowledging the existence of differently constructed reasons helps us make sense of the pervasive human experience of navigating a variety of seemingly incommensurable normative reasons. (shrink)

One of standpoint theory’s main claims is the thesis of epistemic advantage, which holds that marginalized agents have epistemic advantages due to their social disadvantage as marginalized. The epistemic advantage thesis has been argued to be true with respect to knowledge about particular dominant ideologies like classism and sexism, as well as knowledge within fields as diverse as sociology and economics. However, it has yet to be analyzed with respect to ethics. This paper sets out to complete this task. Here, (...) I argue that we have good reason to believe that the marginalized are epistemically advantaged with respect to moral knowledge overall, including moral facts other than those about the morally problematic features of systems of domination. To do so, I first articulate the connection between marginalization and the moral domain, drawing on the rich history of feminist and non-ideal ethics. Then, I argue that marginalized agents are more likely to have several particular epistemic skills that are necessary to come to have moral knowledge. Utilizing real-world cases where moral knowledge is at stake, I show how marginalized agents have better access to evidence (broadly), as well as advantages distinguishing between considerations that are morally relevant and those that aren’t (sorting), determining the weight a certain piece of evidence has with respect to determining a moral matter (significance), and using concepts which bear on moral questions (conceptual competency). I close by considering the upshots my analysis here has for other areas of moral epistemology like moral testimony and moral expertise. (shrink)

There is a concern that the widespread deployment of autonomous machines will open up a number of ‘responsibility gaps’ throughout society. Various articulations of such techno-responsibility gaps have been proposed over the years, along with several potential solutions. Most of these solutions focus on ‘plugging’ or ‘dissolving’ the gaps. This paper offers an alternative perspective. It argues that techno-responsibility gaps are, sometimes, to be welcomed and that one of the advantages of autonomous machines is that they enable us to embrace (...) certain kinds of responsibility gap. The argument is based on the idea that human morality is often tragic. We frequently confront situations in which competing moral considerations pull in different directions and it is impossible to perfectly balance these considerations. This heightens the burden of responsibility associated with our choices. We cope with the tragedy of moral choice in different ways. Sometimes we delude ourselves into thinking the choices we make were not tragic ; sometimes we delegate the tragic choice to others ; sometimes we make the choice ourselves and bear the psychological consequences. Each of these strategies has its benefits and costs. One potential advantage of autonomous machines is that they enable a reduced cost form of delegation. However, we only gain the advantage of this reduced cost if we accept that some techno-responsibility gaps are virtuous. (shrink)

The traditional debate about moral dilemmas concerns whether there are circumstances in which an agent is subject to two obligations that cannot both be fulfilled. Realists maintain there are. Irrealists deny this. Here I defend an alternative, methodologically-oriented position wherein the denial of genuine moral dilemmas functions as a regulative ideal for moral deliberation and practice. That is, moral inquiry and deliberation operate on the implicit assumption that there are no genuine moral dilemmas. This view is superior to both realism (...) and irrealism in accounting for moral residue and other crucial phenomenological dimensions of our experience of moral dilemmas. (shrink)

The well-being account of sacrifice says that sacrifices are gross losses of well-being. This account is attractive because it explains the relationship between sacrifice and moral obligation. However, sacrifices made on behalf of loved ones may cause trouble for the account. Loving sacrifices occur in a context where the agent’s well-being and the beneficiary’s well-being are intertwined. They present a challenge to individualism about well-being. Drawing inspiration from feminist philosophers and bioethicists, I argue that a notion of ‘relational well-being’, analogous (...) to ‘relational autonomy’, can help account for loving sacrifices without either undermining the well-being theory of sacrifice or minimizing the very real sacrifices made in caregiving situations. (shrink)

This article concerns the ways in which authors from various fields conceptualise the ethical issues arising in the conduct of research. We reviewed critically and systematically the literature concerning the ethics of conducting research in order to engage in a reflection about the vocabulary and conceptual categories used in the publications reviewed. To understand better how the ethical issues involved in conducting research are conceptualised in the publications reviewed, we 1) established an inventory of the conceptualisations reviewed, and 2) we (...) critically assessed them. We found that the publications reviewed mostly showed examples of descriptive ethics, in that most authors describe ethical issues without reflecting much on them, which could be explained both by 1) a lack of ethical education in research contexts, and 2) by the fact that we do not know what researchers know (or do not) about ethical issues. Additionally, the definitions identified in the publications are scarce and at times imprecise, but this seems more to point out the ethical vocabulary’s difficulties in certain contexts. Further, very few authors offer proper conceptualisations of the ethical issues arising in conducting research. When dealing with vast arrays of ethical issues to conceptualise, perhaps one ought to remember that some typologies already exist that could guide further reflection and help understand other realities for which the current ethical vocabulary may be lacking. We believe that combining the reviewed typologies, both with other well-developed typologies and critical reflection, could help support better ethical practice in conducting research. (shrink)

The project of this thesis is to provide a novel reading of the work of Emmanuel Levinas to extract theoretical resources that can help address the numerous crises of the contemporary world. Beginning from the premise that the world is in a state of multiple crises and that current political groups and institutions are failing to find adequate responses, I argue that Levinas’ thought provides radically different, and often unsettling, contributions to these discussions. I first review the areas where Levinas (...) discusses the political and identify key dynamics in his work that can hinder its deployment and contribute to unhelpful readings. Following this with an examination of the secondary literature of this topic, I establish important parameters of the future course of the thesis. Recognising the limitations of Levinas, I nevertheless proceed with the main exposition of the thesis, which aims to extract what is of most value in Levinas’ work, aiming to maximise its utility in challenging the political structures which are currently falling short. The project then circles back to the limitations left unresolved earlier and through the intervention of other thinkers seeks to ameliorate these issues. The main conclusions are as follows: first, Levinas’ work on the political should be read as being torn between commitments to both transcendence and freedom, and a somewhat conservative approach to politics. Second, the most helpful approach is to strongly emphasise the radical and antiauthoritarian elements. Third, that the result of this reading leads to an anti-political position, or at least with a vision of politics so alien it is hardly recognised as such. Finally, while Levinas’ work has issues, particularly around race and colonialism, that cannot be simply resolved, it retains the capacity for compatibility with other thinkers who can address them more adequately. (shrink)

The dissertation attempts to answer the question of how to theorize resistance from within the philosophy of social science. To answer this question we must consider more than just the philosophy of social science; we also must look to political and moral philosophy. Resistance to the social norms of one’s community is possible to theorize from within the philosophy of social science once we develop a sufficiently nuanced account of social and moral communities, according to which membership in a community (...) is not defined by sharing judgments, conceptual frameworks, or comprehensive worldviews, but by sharing terms of discourse so that discussion about judgments, conceptual frameworks, and comprehensive worldviews is possible. Understanding the structure of one’s moral community is not the same as to endorsing that structure. This suggests that contestation is already present within communities about what ‘we’ do, up to and including who ‘we’—as a ‘community’—are. Challenging communitarian understandings of what makes a community a community, I argue that communities are best understood as forming around common concerns or perceptions of problems. This contestation plays a major role in determining the identities of communities, and these identities are constantly shifting. (shrink)

In Against Purity, Alexis Shotwell takes up a multiplicity of tasks with respect to what I think of as non-ideal ethical theory. In what follows, I trace the relationship of her work to that of non-ideal theorists whose work influences mine. Then, more critically, I probe her analysis of gender voluntarism in Chapter 5, “Practicing Freedom: Disability and Gender Transformation,” partly to better understand what she takes it to be, and partly to advance a cautious defense of some of the (...) moral functions of individualistic performances of gender voluntarism that non-ideal theory leads me to value. I conclude that my interest in retaining a positive account of individualistic gender voluntarism as a form of resistance to a hostile world is due to my tendency to take non-ideal theory as a recommendation for some pessimism, whereas Shotwell’s similar commitments turn out to inform her more optimistic philosophy. (shrink)