This chapter contains sections titled: The Moral Duty to Assist Others in Their Health Care Health Care Should Be Provided by the Government The Duty to Provide Truly Universal Health Care Rejecting the Liberal Model.

Most of us believe morality requires us to help the desperately needy. But most of us also believe morality doesn't require us to make enormous sacrifices in order to help people who have no special connection with us. Such self-sacrifice is of course praiseworthy, but it isn't morally mandatory. Rule-consequentialism might seem to offer a plausible grounding for such beliefs. Tim Mulgan has recently argued in _Analysis and _Pacific Philosophical Quarterly that rule-consequentialism cannot do so. This paper replies to (...) Mulgan's arguments. (shrink)

Most of us believe morality requires us to help the desperately needy. But most of us also believe morality doesn't require us to make enormous sacrifices in order to help people who have no special connection with us. Such self‐sacrifice is of course praiseworthy, but it isn't morally mandatory. Rule‐consequentialism might seem to offer a plausible grounding for such beliefs. Tim Mulgan has recently argued in Analysis and Pacific Philosophical Quarterly that rule‐consequentialism cannot do so. This paper replies to (...) Mulgan's arguments. (shrink)

Muwāsāt encompasses the moral duty to provide aid to those in need, prioritising those closest to us while sharing what resources we can spare. However, should a person's legally protected values be at risk, assistance and solidarity become mandatory obligations. Islamic law recognises this social duty as fard al-kifāya, with muwāsāt as the justification for this sufficient obligation. On the other hand, muwāsāt is also included in the legal justification of in-kind obligations such as zakat and alimony. Muwāsāt (...) actually has a broad conceptual content that includes each individual in the society helping each other, sharing, and sharing what they have when necessary. The aim of muwāsāt is to keep social sensitivity towards those in need alive. Muwāsāt constitutes the wisdom of meeting the needs of the other party by sharing the resources available to each individual in the society when the legal values that Islam aims to protect are in danger. In this context, this study aims to evaluate the rights of those in need over those who have the means to meet their needs by considering the proposal in the context of the provisions. To prioritize the legal values of Islam and safeguard the sanctity of life, as well as protect bodily integrity and uphold the right to privacy, the principle of muwāsāt necessitates that all Muslims must uphold these responsibilities towards themselves, each other and the state. This study aims to investigate muwāsāt, which defines the duty to provide assistance to any individual who is cognisant of their plight, within their capacity, when their legal rights that must be safeguarded are threatened, in the framework of social accountability. In this context, it can be said that muwāsāt has a direct connection with the proposed obligations in Islamic law. Muwāsāt is included in the justification of fard al-kifāya obligations. However, the fact that the obligation of zakat, the obligation of fidya, and the responsibility of alimony are included in the legal justification of meeting the needs of the needy by those who are not dependent on anyone, shows us that muwāsāt is the basis of obligations involving cooperation. Similarly, the legal reason for banning interest is that it destroys the balance in society. In particular, the basis for the state to impose an upper limit on exorbitant prices is based on the principle that every individual has an equal right to meet basic needs. In other words, determining the profit margin in the prices of basic needs is a requirement of muwāsāt. The definition of the state’s obligation, along with individual responsibility in muwāsāt, aims to ensure that there is no individual in society whose basic needs are not met. Consequently, muwāsāt has an aspect that includes social responsibility and legal liability along with conscientious responsibility. This shows that Islam adopts the protection of life as the highest legal value. Muwāsāt is not limited to meeting basic needs, but also includes giving this support to a person when he needs moral support, sharing his pain by standing next to him, feeling him and internalizing his pain. For this reason, muwāsāt actually defines the moral stance that a Muslim should have. Based on this moral stance, it is safe to say that the most fundamental concern of Islam is to protect the material and spiritual integrity and human existence. This study aims to express, in the context of Islamic law, that the main purpose of Islam is to protect human beings in their material and spiritual integrity by examining and evaluating muwāsāt in its broad scope. (shrink)

As globalization has deepened worldwide economic integration, moral and political philosophers have become increasingly concerned to assess duties to help needy people in foreign countries. The essays in this volume present ideas on this important topic by authors who are leading figures in these debates. At issue are both the political responsibility of governments of affluent countries to relieve poverty abroad and the personal responsibility of individuals to assist the distant needy. The wide-ranging arguments shed light on (...) global distributive justice, human rights and their implementation, the varieties of community and the obligations they generate, and the moral relevance of distance. This provocative volume will interest scholars in ethics, political philosophy, political theory, international law and development economics, as well as policy makers, aid agencies, and general readers interested in the moral dimensions of poverty and affluence. (shrink)

This article has three main parts, Section 2 considers the nature and extent to which individuals who are well-off have a moral obligation to aid the worlds needy. Drawing on a pluralistic approach to morality, which includes consequentialist, virtue-based, and deontological elements, it is contended that most who are well-off should do much more than they do to aid the needy, and that they are open to serious moral criticism if they simply ignore the needy. (...) Part one also focuses on the United States, and illustrates both how incredibly wealthy the U.S. is and some of the spending habits of its citizens; however, its considerations apply to the well-off generally. Section 3 considers whether justice provides reasons for helping the needy. Noting that justice in an extremely complex notion, it discusses numerous considerations relevant to justices scope and implications, including an extended Rawlsian conception of justice, an absolute conception, a comparative conception, the distinction between natural and social justice, and various elements of common-sense morality. Section 2 also distinguishes between agent-relative justice-based reasons, which are relevant to whether we act justly, and agent-neutral justice-based reasons, which are relevant to whether we have reasons of justicefor acting. Correspondingly, it argues that even if one can ignore the needy without acting unjustly, as philosophers like Robert Nozick and Jan Narveson contend, there may be powerful reasons of justicefor addressing their plight. Section 4 briefly address the responsibilities of international organizations like the World Bank, the International Monetary Fund (IMF), and World Trade Organization (WTO). Drawing on Section 2, it is suggested that in addition to standard reasons to act justlytowards needy members of the worlds community, there will be reasons of justicefor such organizations to aid the needy in both present, and future, generations. The article concludes by contending that the well-off in countries like the U.S. have reason to view international organizations like the World Bank, IMF, and WTO as their agents, and to seek to insure that they alleviate misfortunes amongst the worlds needy. (shrink)

This paper discusses the economic, legal, moral, and political difficulties in developing drugs for the developing world. It argues that large, global pharmaceutical companies have social responsibilities to the developing world, and that they may exercise these responsibilities by investing in research and development related to diseases that affect developing nations, offering discounts on drug prices, and initiating drug giveaways. However, these social responsibilities are not absolute requirements and may be balanced against other obligations and commitments in light (...) of economic, social, legal, political, and other conditions. How a company decides to exercise its social responsibilities to the developing world depends on the prospects for a reasonable profit and the prospects for a productive business environment. Developing nations can either help or hinder the pharmaceutical industry’s efforts to exercise social responsibility through various policies and practices. To insure that companies can make a reasonable profit, developing nations should honor pharmaceutical product patents and adhere to international intellectual property treaties, such as the Trade‐Related Aspects of Intellectual Property Rights agreement. To insure the companies have a good business environment, developing nations should try to promote the rule of law, ethical business practices, stable currencies, reliable banking systems, free and open markets, democracy, and other conditions conducive to business. Overall, this paper advocates for reciprocity and cooperation between pharmaceutical companies and developing nations to address the problem of developing drugs for the developing world. In pursuing this cooperative approach, developing nations may use a variety of other techniques to encourage pharmaceutical companies to act responsibly, such as subsidizing pharmaceutical research, helping to design and implement research protocols, providing a guaranteed market, and bulk buying. (shrink)

ABSTRACT This paper focuses on poverty and inequality in the world today. First, it points out how this topic is a main concern for the IAB. Second, it proposes ‘new’ theoretical tools in order to analyze global justice and our obligations towards the needy. I present John Rawls's denial that the egalitarian principle can be applied to the global sphere, his proposed weak duty of assistance, and his consideration of endemic poverty as essentially homegrown. In opposition, I focus on (...) Thomas Pogge as representative of a cosmopolitan view who also holds a critical position towards the international systems which allow and cause poverty. I endorse the general normative proposal that defends every human being as an ultimate unit of moral concern, as well as the strategy of moving away from the charity model of bilateral aid to the realm of rights and duties. These ideas should redesign and broaden the normative and practical roles of institutions, and should also help provide a new approach on bioethical issues such as drug patenting or the imbalance in global research and neglected diseases. (shrink)

In light of a history of categorical exclusion, it is critical that pregnant people are included in research to help improve the knowledge base and interventions needed to address public health. Yet the volatile legal landscape around reproductive rights in the United States threatens to undue recent progress made toward the greater inclusion of pregnant people in research. We offer ethical and practical guidance for researchers, sponsors, and institutional review boards to take specific steps to minimize legal risks (...) and ensure the ethical conduct of research with pregnant people in an evolving legal environment. (shrink)

Photo by Jonathan Ford on Unsplash ABSTRACT Since 2008, an average of twenty million people per year have been displaced by weather events. Climate migration creates a special setting for a duty to rescue. A duty to rescue is a moral rather than legal duty and imposes on a bystander to take an active role in preventing serious harm to someone else. This paper analyzes the idea of expanding a duty to rescue to climate migration. We address who (...) should have the duty and to whom the duty should extend. The paper discusses ways to define and apply the duty to rescue as well as its limitations, arguing that it may take the form of an ethical duty to prepare. INTRODUCTION Climate migration creates a special setting for a duty to rescue. A duty to rescue is a moral rather than legal duty and imposes on a bystander to take an active role in preventing serious harm to someone else. Examples of circumstances range from person-to-person intimate rescue to saving those in poverty, even in distant parts of the world.[1] Since 2008, an average of twenty million people per year have been displaced by weather events.[2] Circumstances like being thrust from homes under the threat of fire, mudslide, and flooding vary greatly from long-term changes like land becoming too arid for crops or temperatures increasing annually gradually pushing up the number of heat-related deaths, with the area slowly becoming uninhabitable. Imminence in fleeing affects resettling and need for rescue with important implications for how the duty to rescue might apply. This paper reevaluates the ethical framing of the duty to rescue and, while it is arguably a stretch, applies it to climate migration. Climate migration has become common and is expected to increase due to rises in sea level, increases in weather events that make areas uninhabitable, and changes to land that preclude farming or other necessary land uses. We argue that a duty to rescue may help highlight who has moral obligations to whom. Because the problem is so large in scope, we suggest a change in the ethical limits to humans' duty to rescue other humans who are in distress. We imagine an expansion or extension of the duty to rescue to meet some of the basic needs created by climate migration. Yet how it should expand, and how much depend on ethical framing and practical limitations. l. Expanding the Geographical Boundaries Two commonly recognized emergencies, Hurricane Katrina in the case of weather events and the current COVID-19 pandemic, provide a historical and current backdrop to evaluate ethical obligations as more disasters displace people. A significant reassessment of the ethical scope of an obligation to rescue in the case of weather events will be limited by the ability to render aid to those in distress in the case of a planet-wide weather catastrophe. The problems may overwhelm the ability to rescue or the reasonableness of attempting rescue. The extent of the moral obligation borne by humans to other humans in the case of a weather event has been largely defined by its locality and limited geographic influence. Whether we are imagining the scope of ethical obligation in the case of hurricane, flood, tornado, drought, or wildfire events, the perceived ethical obligation is significantly defined by the limited impact of these weather events on people outside the zone of the weather event's direct impact, yet close to that zone. A hurricane affecting New Orleans will not have immediate impact on the residents of California or even those on the northeast coast of the United States until a later time. Wildfires in the Pacific Northwest do not impair the ability of those in the rest of the country to come forward with assistance. But as climate migration crosses international borders, and climate events occur simultaneously in many regions, a more expansive duty to rescue may provide the ethical impulse to help those who live afar or migrate long distances. In this respect, the need for help in the event of widespread climate migration due to global warming is more like a pandemic than a weather event. Its broad impact area diminishes the capability of nearly the entire balance of the human population to help due to those populations' awareness that they will, in short order, have the same need for the same resources, from the same cause. Those living near current flood zones may find their historically safe havens are also a flood zone. Those previously best positioned to rescue may find themselves also needing to relocate. Thus, we may observe the need for new rescuers. ll. The Rule of Rescue The Rule of Rescue as defined by Al Jonsen describes the moral impetus or knee jerk reaction to save identifiable people facing death.[3] A duty to rescue has since been expanded beyond imminent death and beyond the near and identifiable. But there are limitations. For example, by most accounts, the ethical duty tends not to require extreme bodily risk or financial depletion. In comparing Good Samaritans to humanitarians, Scott M. James argues the duty to rescue arises from unique dependence, but the ethical obligation to help strangers through humanitarian aid is of a different nature.[4] The wrongness of failing to help is arguably more egregious when one is in a unique position to help. Like in the tragedy of the commons, where there is no unique positioning, when the global community is called upon to help, each individual in it may feel less obliged to do so. Climate migration falls in between—it requires helping strangers, yet it may move forward without anyone seeing themselves as uniquely positioned to help until those strangers become part of communities, at which time, there may be more moral justification to help a community member in need. Generally, arguments about Good Samaritans hinge on extraordinary acts, praiseworthy because they are acts of compassion, not obligation. Now all US states have Good Samaritan laws[5] which protect helpers from liability for help gone wrong or for a failure to succeed once engaged in an act of rescue. Extraordinary help as a moral good is thus somewhat encouraged through legal protection, but not imposed. Conversely, jobs like firefighting, search and rescue, and emergency medical care tend to oblige employees to take on risks that would be extraordinary if undertaken by the average bystander, yet they are rendered ordinary rescue as part of the job. Three states, Minnesota, Rhode Island, and Vermont have a broad duty to rescue, adding legal considerations to an otherwise moral conundrum. The laws do not require bystanders to take on risk for the sake of rescuing strangers.[6] The moral duty will require looking beyond law, but it is unclear how the moral duty to rescue should be distributed in the case of climate migration. A bare minimum would prevent taking advantage of newcomers, paying sub-minimum wage, and discriminating against them. Yet such a minimum is hardly rescue. lll. An Ethical Rather than Legal Duty The difficulty in defining the duty to rescue as a legal obligation is that it is difficult to determine the extent of risk a rescuer ought to be required to take. The nature of this ethical duty is also arguably tied to the experiences of both the rescuer and the rescued. There are subjective aspects like what someone perceives as a danger that make it difficult to write enforceable laws requiring rescue. It is one thing to expect a rescuer to step into several inches of relatively warm water to lift a person lying face down in a pond and enable them to breathe. It is something altogether different to expect that rescuer to dive into frigid water and attempt to extricate someone trapped in a submerged automobile. As the legal philosopher H.L.A. Hart observed, it is always easier to define application of the core intention of any rule, whether law or ethical norm. It is more difficult to create legal certainty about how the law applies to what he described as “penumbra circumstances”. In the case of a hurricane, it is easier to define what surplus resources are available in areas geographically remote from the impact of the storm and demand, as a moral obligation, that those nearby but outside the area provide assistance. It is more difficult to obligate people, organizations, or governments to supply a quantity of medication or some number of ventilators to an adjacent community when they expect to imminently need them for their own community. In the early stages of climate migration, the ethics of extreme weather event assistance, a common application of the duty to rescue, will be useful and appropriate. The rising sea levels first experienced by island nations in the South Pacific[7] will not render those living in other coastal communities, those with greater available “high ground”, unable to supply resources to those in need. But when sea level rise and climate change affect more communities simultaneously, albeit in varying degree, the task of defining what response is ethically obligatory becomes increasingly complicated. Pinpointing the obligations of those communities which are resource rich to those communities which are resource deprived, and of those partly affected to those more severely affected may become necessary. The limitations of the traditional duty to rescue could expand to meet the needs. lV. Contribution to the Problem Many argue that the duty to rescue may depend on any appropriate claim of those needing rescue. One issue is whether preferential claims among those who can identify the source of the harm should call for a greater duty or whether everyone in need should be approached as like candidates for rescue, shaping the duty as equal across those on the receiving end. As climate change does have human-made causes, there are strong arguments to impose a greater ethical duty on any entity that caused the climate-related problems leading to the mass exodus. While the global north is often implicated in pollution that causes migration, industries like energy, transportation, and agriculture are tied to climate change and associated with significant greenhouse gas emissions.[8] Practices like directing agriculture to less sustainable single crop growth generally made land less farmable. Yet it is difficult to place blame and identify specific causal relationships as most migration is due to many factors. A movement toward greater accountability can be reframed as a greater duty to rescue, a duty to engage in the extraordinary. The fossil fuel industry, for example, should have a larger obligation than the average person. Similarly, some may argue anyone unjustly enriching themselves while contributing to climate change or people who over-consume have an elevated duty to rescue.[9] Climate change lawsuits demonstrate an eagerness to hold governments and corporations accountable, despite difficulty proving causation. V. The Most Vulnerable One ethical dimension of climate migration that remains unexplored is how a duty to rescue applies to vulnerable populations who stand to be left behind or unable to migrate without assistance. Researchers from the Global North working across the Global South are increasingly observing the phenomenon of ethics dumping, where the research ethics of some countries are imposed on research subjects in other countries.[10] In that vein, rescuers should be careful not to impose unwelcome cultural standards or exploit people who are in the process of migrating. There is a gap in discussions reflecting voices that have been left out. The duty to rescue is incomplete without an attempt to understand the ethical experiences of those being rescued. The actual people affected by climate migration who are the least likely to have the means to migrate, or to do so without extreme hardship, should have a voice informing the global community including those in a position to carry out rescue. People who have the means and are young and healthy may easily make decisions to avoid the catastrophic consequences that climate migration brings. However, what about those who are left behind? For example, especially recognizing cultural differences, the homeless community, disabled community, refugees, the elderly community, and women[11] and children may suffer differently and call for more attention. In some parts of the world, human rights are severely constrained. An ethical duty to rescue, with many considerations and variables, may be more justified in the case of those most in need. As climate migration continues and increases significantly, it may be reasonable to ask the local and global community to focus on those least well positioned to migrate successfully. In this context, the use of phenomenology to understand the lived experiences of those migrating, sometimes termed “ethical experiences”, may help flesh out how a duty to rescue takes shape. The discussion of duty and obligation requires an articulation of the ethical experiences (how the local community in need of rescue views the proposed rescue). Then, the obligation to interpret the duty as ‘one shall not’ or ‘one must’ can be focused on the migrants’ needs rather than the rescuers’ feelings of obligation.[12] A revised theory of the duty to rescue taking into account the asymmetrical experiences of communities involved could ensure that the needs of people whose living situations, gender, ethnicity, age, or race impact their ability to even begin the migration process are considered. In this discussion, the rescuing is directed toward communities /collectives of persons migrating, whether at once or across a period of time. Often, the climate migrant may not be in a state to articulate the nature of this event when it happens, given its subjective proximity. Yet, when communities are given the space and opportunity to articulate their shared values, the ethical action of rescue derives its meaningfulness from the community rather than the rescuers. In other words, allowing climate migrants to explain their feelings can add complexity to what some see as a binary receiver-giver (of rescue) dynamic. This is necessary because the concept of vulnerable populations is fraught with problematic assumptions. There have been various definitions and criteria to determine what would constitute vulnerable populations.[13] For example, the United Nations Framework Convention on Climate Change[14] identifies and assesses vulnerable populations. These criteria may be helpful. However, they do not provide the full picture. Rather than identifying categorical criteria of vulnerable populations, engaging with people who are experiencing climate migration and listening to their current experiences and concerns helps determine need. Knowing what people need may prevent the kneejerk reaction to label people who are quite resilient yet have appropriate needs “vulnerable”. Proceeding with caution is important because the duty to rescue has hierarchical underpinnings of "us" and "them." Often when people swoop in to save, there are good and bad consequences of the intervention. We should proceed with caution because often the helper misses the actual needs of those in need. The only way to combat this would be to make sure that people are empowered to inform those agencies that are able to help. In addition to more practical approaches, large scale oral histories could allow those who have migrated already to share their experiences. It would be important to capture the lived experiences of people who are already experiencing the consequences of climate migration or of other migration like that due to political or economic extreme events. These experiences could shape our analysis of whether people in fact wish for rescue. If so, further conversations can determine best actions as well as give important insight into what resources might be necessary to empower people now and in the future. Vl. A Duty to Rescue as a Duty to Prepare If we view Good Samaritans as going above and beyond, then a duty to rescue, something ethically compelled, must bring rescue out of the framework of charity and place it in the context of humanity and obligations. Such a view would also support expanding the geographical reach of the otherwise more proximate duty. The duty may be stronger and take shape in a more workable way if it applies to preparing places expecting to see an influx of people due to climate migration and to helping those most in need. The duty may arise out of expectations of what type of community the place welcoming those migrating due to climate should be—does it want to offer good housing, schooling, and medical care as well as economic opportunity to new people? And if so, at what cost, or with which risks? If the newcomers are viewed as community members rather than strangers, a model of acceptance may lead to better preparation. Some considerations like whether the actions will reasonably help the persons in need of rescue[15] will shape the application of a duty to rescue in the context of climate migration. Similarly, ensuring that people have the chance to articulate their values may help communities support the newcomers. New relationships should not be defined as migrant and rescuer. Voluntariness in participation and not forcing any action deemed rescue would help ensure the human rights of those migrating. In the United States, President Biden issued an executive order addressing impending climate migration steeped in a duty to prepare by making plans for resettlement and to address the impact of climate migration.[16] Vll. At What Risk? As we investigate the ethical obligations to meet even basic needs, we must also ask what level of risk is ethically compelled. There is an extraordinary need to integrate newcomers successfully, but it is difficult to stretch an ethical duty to rescue to require all the prerequisites for successful climate migration. Even defining success would create deep ethical arguments. As observed in almost all migrations, extraordinary charitable acts may be the key to success, while an ethical duty to rescue must try to require the important government and community-based basics and ensuring respect for human rights. That is, the migrating people should be rescued from circumstances that contradict basic human rights. Rather than comparing communities to bystanders, mere places where people will arrive and need to hash out how to find housing, jobs, education, and opportunity, a duty of preparation may be the key to rescue those disenfranchised by migration. There are cultural, personal, physical, psycho-social, and geopolitical issues surrounding how to best help those needing to permanently relocate. Ethics arguments will certainly range from “do nothing”, which may fail people, to “do everything”, which could waste taxpayer money in futile over-preparation while failing to actually help. Communities must avoid planning exclusively for one scenario only to have it not take place. Striking the balance, a duty to rescue as it could apply to climate migration should set goals of societal integration, and providing the basics like education, housing, food, health care, and job opportunity, the precursors to flourishing. Recommending the extraordinary, morally preferred but perhaps not compulsory, when charitable actors are participating, or when wrongdoers are compensating, may be more workable than seeing the duty to rescue as compelling people or local governments to take on significant financial and personal risk for newcomers. While humanitarian ethics supports helping everyone, it is likely that people who resettle in advance of a need to flee will find themselves with more choices and opportunities. Help is warranted for those with more dire needs. Preparing for them may do just that. Vlll. Rescue Prior to Migration and Rescue in the Process of Resettlement The duty to enable the migration in the first-place hints to the inadequacy of a duty to prepare. The traditional duty to rescue perhaps steps in if rescue looks like those geographically just out of harm's way rescuing those in danger. That resembles the traditional moral requirement, or duty to rescue according to the Rule of Rescue. Humanitarian aid typically provided by many institutions makes sense and is in place, although financial support for additional humanitarian aid is always needed. Despite having moved to purportedly more capable communities, migrant communities may be able to develop more egalitarian orders of living. Rather than continually being identified as having been rescued, it is important to make sure people keep or make social ties during and after migration. Immigrants often face social isolation.[17] Small shifts in gestural language also have the potential to welcome people and show they are valued. For instance, some migrants may not like questions like “Where are you from?” and “What brings you here?” as they emphasize differences over fitting in. CONCLUSION The ethical duty to rescue should be expanded to better match those in need of relocation with a welcome environment and the resources needed to achieve success and fully integrate socially and culturally. Expanding a dialogue that includes the voices of people who have recently migrated whether due to violence, poverty, or climate, could properly frame the extent of the duty. If we are to apply the duty of rescue to climate migration, rescuers should avoid labeling people vulnerable, dependent, or needy, although there is reason to focus on those whose needs are the most dire. A soft duty to rescue people during the course of climate migration can come in the form of preparation. People will need help finding housing, education, access to food, and employment. Ultimately, to help them help themselves may be the best goal. While the obligations should be borne differently by people, whether due to a special responsibility, or a special relationship that creates a clearer duty, the global community must prepare for its role in rescuing those displaced by climate events. By helping those displaced at the start of the climate migration process according to a more commonly held notion of the duty to rescue, and by preparing to incorporate newcomers successfully according to an expanded duty to rescue, effectively a duty to prepare, countries that take on climate refugees may find themselves rewarded by the cultural diversity and workplace talents that people bring. A duty to those at a distance is a reasonable expansion of the duty to rescue. But what one ought to do in the global community varies somewhat from the traditional Rule of Rescue. - [1] Singer, P. (1972). Famine, Affluence, and Morality. Philosophy and Public Affairs, 1(3): 229-43. [2] Irfan, U. (2022, March 16). Why We Still Don’t Yet Know How Bad Climate Migration Will Get. Vox. https://www.vox.com/2022/3/16/22960468/ipcc-climate-change-migration-migrant-refugee, citing the International Panel on Climate Change (IPCC) (2022). Sixth Assessment Report, Climate Change 2022, Impacts, Adaptation, and Vulnerability. https://www.ipcc.ch/report/ar6/wg2/ [3] McKie, J., Richardson, J. (2003) The Rule of Rescue. Social Science & Medicine, 56(12): 2407-2419. https://doi.org/10.1016/S0277-9536(02)00244-7. [4] James, S.M. (2007). Good Samaritans, Good Humanitarians. Journal of Applied Philosophy, 24(3):238-254. [5] Overview of Good Samaritan laws. https://worldpopulationreview.com/state-rankings/good-samaritan-law-states [6] Fifield, J. (2017, Sept. 19). Why It’s Hard to Punish ‘Bad Samaritans’. Stateline Blog, Pew Charitable Trusts, https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2017/09/19/why-its-hard-to-punish -bad-samaritans [7] Cassella, C. (2019). There’s a Climate Threat Facing Pacific Islands That’s More Dire Than Losing Land, Science Alert, https://www.sciencealert.com/pacific-islanders-are-in-a-climate-crisis-as-rising-sea-levels-threaten -water; Hassan, H. R., and Cliff, V. (2019). For Small Island Nations, Climate Change is not a Threat. It’s Already Here, World Economic Forum, https://www.weforum.org/agenda/2019/09/island-nations-maldives-climate-change/ [8] For example, Lyons, K. (2019). Australia Coal use is Existential threat to Pacific Islanders, The Guardian. https://www.theguardian.com/world/2019/aug/12/australia-coal-use-is-existential-threat-to-pacific-is lands-says-fiji-pm [9] Cripps, E. (2013). Climate Change and the Moral Agent: Individual Duties in an Interdependent World. Oxford: Oxford University Press. [10] Schroeder, D., Chatfield, K., Singh, M., Chennells, R., and Herissone-Kelly, P.. Ethics Dumping and the Need for a Global Code of Conduct. In Cham. (Ed.)(2019). Equitable Research Partnerships. SpringerBriefs in Research and Innovation Governance. Springer. 2019. https://doi.org/10.1007/978-3-030-15745-6_1 [11] Giudice L.C., Llamas-Clark E.F., DeNicola N., Pandipati, S., Zlatnik, M.G., Decena, D.C.D., Woodruff, T.J., Conry, J.A. (2021). Climate Change, Women’s Health, and the Role of Obstetricians and Gynecologists in Leadership, International J Gynecol Obstet, 155(3), 345-356. 10.1002/ijgo.13958 [12] See Ferrarello, S. and Zapien, N. (2020). Ethical Experience: A Phenomenology, Bloomsbury. (for understanding phenomenological determinants of ethical action). [13] McLeman, R.A., Hunter, L.M., (2010). Migration in the context of vulnerability and adaptation to climate change: insights from analogues. Wiley Interdiscip Rev Clim Change, 1(3): 450-461. [14] Least Developed Countries Expert Group. (2018). Considerations Regarding Vulnerable Groups, Communities and Ecosystems in the Context of the National Adaptation Plans: United Nations Framework Convention on Climate Change. [15] Jecker, N.S. 2013. "The Problem with Rescue Medicine." J Med Philos, 38(1):64-81. [16] White House Report. (February 9, 2021), Executive Order (E.O.) 14013, “Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.” (calls on the National Security Advisor to prepare a report on climate change and its impact on migration. “This report marks the first time the U.S. Government is officially reporting on the link between climate change and migration.” https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling -the-climate-crisis-at-home-and-abroad/ [17] Torres, J.M., Casey, J.A. (2017) The centrality of social ties to climate migration and mental health. BMC Public Health, 17: 600. https://doi.org/10.1186/s12889-017-4508-0. (shrink)

"This book argues for a mixed view of punishment that balances consequentialism and retributivism. He has published extensively on philosophy and applied ethics. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book defends a mixed (...) view that recognizes the strength of both of these intuitions. By this account, the legislature should develop institutional policies and statutory penalties that maintain the social order, that is, consequentialism. It establishes punishment policies to deter criminal activity. By contrast, the criminal judiciary should give individual defendants what they deserve, that is, retributivism and thus expressing the community's appropriate sense of resentment at being wronged. The book justifies the two-tiered model by showing how it accords with our moral intuitions, our assumptions about how what we know affects our moral obligations, and a commonly held theory of freedom. This approach is developed by engaging classic and contemporary work in the philosophy of law, and shows its advantages over competing approaches from contemporary retributivists and other mixed theorists. The work also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. It draws on cutting-edge criminological research to show how punishment theory can help us to address some of our most pressing social issues, including the death penalty, drug laws, and mass incarceration. The book will also be of interest to legal philosophers, social scientists, especially criminologists, sociologists, economists, and political scientists"--. (shrink)

Drawing on data from 18 months of participant observation and interviews at a community health clinic in North Carolina, the author illustrates how an intersectional perspective deepens our understanding of the construction of a moral identity. In this case, the author examines the moral identity of health care providers—all women—who provide family planning and contraceptive counseling for women clients. The author analyzes how maternity care coordinators—two whites and two Latinas—craft a moral identity by drawing on the cultural (...) toolkit available to them, using gendered frames but also racial, class, and nationalist frames. An intersectional lens helps us better understand how maternity care coordinators' moral identities are shaped by their different locations within racism, classism, and nationalism. (shrink)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference (...) within the kinds of arguments that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

A paedophile is a person with a sexual attraction to children; some paedophiles commit child sex abuse offences. For such acts, they hold moral and legal responsibility, which presupposes that paedophiles are moral agents who can distinguish right from wrong and are capable of self-control. Like any other moral agents, paedophiles have moral duties. Some moral duties are universal, e.g., the duty not to steal. Whether there are any specific moral duties related to (...) paedophilia is the topic of this paper. I argue that the moral duty not to commit child sex abuse is universal, and the duty to reduce the individual risk of child sex abuse is specific to paedophiles. I further argue that any society has a moral duty to help paedophiles reduce the risk. Both duties provide grounds for moral judgement. Paedophiles should be judged not for their sexual interest but for their efforts to avoid child sex abuse. If a paedophile has an opportunity to reduce the risk of child sex abuse, he is obliged to do so. Unfortunately, societies rarely provide such opportunities and hence fail in their moral duty to paedophiles and children. (shrink)

PovertyPoverty is a serious threat for human beings and their well-beingWell-being. People are simply unable to live a good life when they are faced with severe problems, e.g., bad education, poor housing, poor sanitationSanitation, poor hygiene, or malnourishment. However, one of the most urgent problems with regard to poverty is badHealth/ healthcare, right toaccess access to primary health careGlobal healthcare and the allocation of health care resources for millions of people around the world. These people are deprived of human flourishing, (...) and life is for them, in general, “solitary, poor, nasty, brutish, and short.” In this chapter, I present an ethical argument that shows that people have a moral right to primary health carePrimary health care, and that wealthy developed countries are morally obligated to help the needy. Primary health care, and hence access to it is, as I will argue, a global public goodGlobal public good that is protected by human dignity and the human rightHuman rights of protection from unwarranted bodily harmHarm. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Virtues, Obligations, and the Prophetic VisionRoy Branson (bio)Ethics at its best is only bad poetry—that is, it seeks to help us see whatwe see every day but fail to see rightly...If ethicists had talent, they might be poets,but in the absence of talent, they try tomake their clanking conceptual anddiscursive chains do the work of art.—Stanley HauerwasThe speaker was so severely bent over that his congenitally deformed back had (...) to be supported. He was a young Ph.D. in history. We were some 50 physicians, lawyers, health care administrators, and ethicists studying the ethics of organ transplants. Before he arrived, the conference had discussed different understandings of equal access and the nuances of federal policies governing organ transplant distribution. 1 In his lecture, our guest matter-of-factly described his own condition. He then pointed out that not only in ancient civilization but in American history as well, the disabled had been killed just because they were disabled. Indeed, even now, he said, they were not being allowed to live.In the question and answer session, he was immediately challenged by nationally prominent transplant surgeons. He responded by asking the surgeons: If two people could avoid death and anticipate significantly prolonged life from receiving an organ transplant and the only difference between them was that one was disabled and the other not, who would receive the life-saving transplant? The surgeons’ initial, spirited defense of excluding the significantly disabled person died down as they began to realize that, as far as they were concerned anyway, they might not have allowed the lecturer to live. They were stunned by the realization that they had not felt the disabled were fully persons. In the silences between their sentences, the participants sensed that they had passed beyond the discussion of economic, medical, and legal terms to glimpse new horizons of responsibility. [End Page 361]The conference was experiencing the truth of William F. May’s claim that moral quandaries must be placed within “a fresh and liberating vision of the world;” within “metaphysical horizons” (May 1983, pp. 15, 19).Pastoral VirtuesIn the late sixties, André Hellegers, the dynamic physician and Catholic layman who founded the Kennedy Institute of Ethics and who claimed that he had invented the word bioethics, focused bioethics elsewhere—on virtue. “As the caring branches of medicine were gradually pushed aside by the curing ones,” Hellegers said, “there seemed to be less use for the Christian virtues.” We must, he declared, “recapture the Christian virtues of care” (cited in McCormick 1985, p. 111). In a subsequent essay on the conceptual foundation of bioethics, Hellegers, writing with Albert Jonsen, did not invoke the word pastor, but he did argue that the codes drawn up for the ethical practice of medicine were, among other things, guides for the cure of physicians’ souls (Jonsen and Hellegers 1976, pp. 35–36).In 1969, at the same time that André Hellegers was in the process of establishing the Kennedy Institute, Edmund Pellegrino, then a medical school dean, led in the founding of humanities programs within American medical schools. Pellegrino, like Hellegers, a physician and Catholic layman, also focused on virtue. Obligations are not irrelevant for Pellegrino, but in biomedical ethics “one starts always with one’s commitment to be a certain kind of person and then approaches clinical quandaries, conflicts of values, and patient interests as a good person ought” (Pellegrino 1988, p. 123). Pellegrino knows that the classical and Christian tradition of Aristotle and Aquinas, a tradition with which he identifies, is concerned with the whole gamut of ethics. But for Pellegrino, that tradition teaches that “no matter to what depths a society may fall, virtuous persons will always be the beacons that light the way back to moral sensitivity” (p. 123). He freely acknowledges that “a virtue-based ethics is inherently elitist, in the best sense, because its adherents demand more of themselves than does the prevailing morality” (p. 123).Hellegers and Pellegrino added to the need of physicians acquiring professional skills their responsibility to become the embodiment of the moral ideal in the patient-physician relationship by caring for the patient... (shrink)

This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the third party (le tiers) in modifying Levinas's primary ethical structure of the face to face relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as that (...) of H. L. A. Hart, that propose a systematic distinction between legal and moral species of obligation. (shrink)

Although a pregnant woman can now refuse any medical treatment needed by the fetus, the Court of Appeal has acknowledged that ethical dilemmas remain, adverting to the inappropriateness of legal compulsion of presumed moral duties in this context. This leaves the impression of an uncomfortable split between the ethics and the law. The notion of a pregnant woman refusing medical treatment needed by the fetus is troubling and it helps little simply to assert that she has a (...) class='Hi'>legal right to do so. At the same time, the idea that a pregnant woman fails in her moral duty unless she accepts any recommended treatment or surgery—however great the burdens—is also not without difficulty. This article seeks to find a way between these two somewhat polarized positions by arguing that, instead of being a question primarily about whether legally to enforce moral obligations, the «maternal—fetal conflict» begins with previously unrecognized difficulties in determining when a woman's prima facie moral rights invoked in the treatment context should «give way» to the interests of the fetus. This difficulty is mirrored within the law. Thus, how can we tell when a pregnant woman has the moral or legal duty to submit to a caesarean section? Seen in this way, the conflict is a problem which lies at the interface between moral and legal rights and duties, showing that there are important conceptual links between the ethics and the law. Against this background, this article explores the limits of a pregnant woman's right to bodily integrity by focusing upon the idea of her moral duty to aid the fetus through her body. Here we find difficulties in determining the existence and extent of this somewhat extraordinary duty. Such a duty is contrasted with both negative and positive duties toward others in the course of «general conduct». Attention to the social context of pregnancy and the refusal of treatment within this is also instructive. Overall, the purpose is to foster understanding and acceptance of the current legal position. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ROLE OF AN ULTIMATE AUTHORITY IN RESTORATIVE JUSTICE: A GIRARDIAN ANALYSIS Sara Osborne I. Restorative or Retributive Justice South African Episcopal Archbishop Desmond Mpilo Tutu's account of the gritty practicality of reconciliation versus retribution in his book, No Future Without Forgiveness, focuses long overdue attention on Restorative Justice, a law reform movement probably better known in international than in American legal circles. A persuasive assertion of Restorative (...) Justice advocates in their critique of increasingly retributive practices such as mandatory minimum sentencing, mandatory arrest, death penalty, juvenile incarceration, "three strikes" legislation, no parole, diminished prisoner services, to name a few, is that reintegrating offenders back into a community is a much more effective deterrence to anti-social violence than punishment alone. They have also observed that communitarian ideals and practices, more visible in traditional cultures1 are more conducive to Restorative goals ofreconciliation and reintegration than are practices of retributive justice rooted in ideals of individual rights. Therefore, such adjudicatory practices should serve as models for preferable alternatives. 1An examination ofrestorative justice under code-based systems of law (European, Roman Law) might also reveal more affinities since the focus ofthese systems is to define the permissible, rather than the impermissible. Code-based law begins with the commons; rightsbased law begins with the individual. 80Sara Osborne However, Western-style retributive justice remains the primary model for international law and Restorative Justice is the prophetic "outsider" voice. So, it is appropriate to ask to what extent and under what conditions are Western retributive justice systems able to incorporate or accommodate adjudicatory practices ofnon-Western or traditional cultures? How critical a factor is religion? These questions will appear wherever Western Law struggles to bring more cultural diversity under a unifying umbrella and they deserve close scrutiny. René Girard's insights into the relationship between law, religion, culture and violence are helpful in identifying practical implications ofthe restorative vision and systemic weaknesses ofretribution, and perhaps illuminating a third way. The metaphor of an organ transplant may be useful: without a genetic match between host and donor both risk destruction. It is the thesis of this paper that that genetic material is a very inclusive conceptualization of "religion" which I have named "Ultimate Authority," drawing on Girard's mimetic theory for the theoretical analysis. In other words, "religion" is indeed, always and everywhere, a critical factor in culture-specific institutions ofjustice. A Girardian understanding ofthe relationship between Ultimate Authority and criminaljustice systems indicates that while there are valuable lessons to be learned from trans-cultural dialogue, wholesale transplants may not be possible, or even advisable because conditions essential for comparable success do not exist in Western legal culture. This paper first presents some background about Restorative Justice, followed by an outline ofRené Girard's mimetic theory to define "Ultimate Authority." The second half of the paper describes alternative adjudicatory processes which have attracted the attention of Restorative Justice advocates and concludes with suggestions about future directions for criminal justice policy discussion. Restorative Justice is a movement which drew its initial energy from Civil Rights era non-violent social action. It has found avid supporters among those whose activism for socialjustice is faith-based as well as those whose activism is rooted in more secular communitarian ideologies. Perhaps because of its international following, a significant contribution ofthe movement has been to initiate trans-cultural dialogue about criminal justice, fostering an increased use of alternative dispute resolution techniques, primarily mediation. Restorative Justice doctrine insists that all crime is personal, evidence ofa broken relationship between victim, offender, and community. Restoring "right relationship" between all parties is both a moral and legal obligation; "justice" to be just must go well beyond addressing the specifics of the act which effected the break. In contrast, the focus of The Role ofAn Ultimate Authority81 retributive justice appears abstract, procedural, and narrow in pursuit of impartiality or neutrality, the ideal of Blind Justice.2 Howard Zehr, a consultant on criminal justice and a Canadian Mennonite who wrote the classic Restorative Justice primer, Changing Lenses: A New Focusfor Crime andJustice, describes the retributive criminaljustice process as "a drama between two abstractions," meaning a criminal and a victim, where the "victim" is even further abstracted... (shrink)

Eradicating poverty is one of the prime goals included in the Sustainable Development Goals set by the United Nations in its Post-2015 Development Agenda. Clearly, this is a mission set for the world to achieve but do humans have a moral obligation to fulfill it? In other words, is there a moral obligation on the part of the affluent of the world to help the needy poor? Drawing on the relation between a moral obligation and a (...) moral right, one view is that if there is a moral obligation to help the needy poor of the world, then we can say that those afflicted by severe poverty have a moral right (human right) to be free from poverty. But being an example of a socioeconomic right, it is writ with problems leading some philosophers to doubt that there is such a right. On the other hand, many attempts have been made to justify such a right. The paper looks at some attempts that have been made to justify the existence of such a right on the metaethical principles of justice, humanity and the concepts of karma and dharmic duty. It further delves into the nature of the moral obligation to eradicate poverty where this philosophical exercise provides the vision and the insight into the extent and scope of the mission. Lastly, the paper suggests how in view of the complex theoretical issues involved, one can attempt to generate the conviction that there is a human moral obligation to eradicate poverty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:To Bear Man's Greatness:On the Moral-Theological Message of a Recent Document of the Congregation for the Doctrine of the Faith, Samaritanus Bonus1Andrzej KucinskiBackground and ObjectiveWhen, in 1582, Camillus de Lellis, the later-canonized founder of the Order of Camillians, the "servants of the sick," had the inspiration to found a society of men who would serve the sick for religious motives,2 the revolutionary nature of such a decision was (...) clear. An unprecedented hope broke into the world of the hopelessly marginalized, who did not have sufficient means to be cared for at home, and therefore had to go to hospitals, where they were often assisted only by untrained caregivers, who did so under obligation because they were either criminals or compelled by economic need to perform such menial service. This hope consisted in the message that the love of God urges the voluntary and sacrificial service of dedication to the sick, and especially to those who will not recover from their illness. However, this service should be holistic, because the welfare of the needy encompasses all the dimensions of the human person: the body and the soul, but also the spirit.The letter of the Congregation for the Doctrine of the Faith (CDF) Samaritanus Bonus, dated July 14, 2020—the liturgical day of commemoration of Camillus of Lellis—on the care of persons in the critical and [End Page 753] terminal phases of life, seeks to promote the same concern for comprehensive service to the sick out of respect for the divinely anchored dignity of the human person. The letter suggests that it is this dignity, and therefore the incomparable greatness of each human being, that makes it necessary, contrary to any logic of efficiency and a cost–benefit calculation, to persevere at the side of the (terminally) ill until their natural death.This article aims to highlight some (in the author's opinion) central elements of this letter, and to comment on them specifically against the background of the magisterial positions underlying the document. For this purpose, I will often quote Robert Spaemann, the German philosopher who died in 2018 and whose ethical views appear in parts as well suited to illuminate from the ethical point of view the foundations of thought of the universal Church magisterium with regard to the relevant topics and to prepare these foundations for a scientific discussion. However, it is explicitly not the aim here to engage in such a discussion or to analyze the already existing relevant contributions. Rather, it is to deepen the current Church teaching in certain aspects on the basis of this new document. In this sense, contributions from the press conference on its presentation on September 22, 2020, will also be drawn upon. After the exploration of what one could understand as "core" of the letter according to a certain reading of the document, some concretizations follow under the guiding perspective of the "Catholic" approach to the terminally ill.The Core of the DocumentThe structure of Samaritanus Bonus will be briefly described: An introduction, in which above all the need for magisterial intervention is justified, is followed by chapter 1, on the comprehensive character of the care which is always possible for persons in critical states, according to the principle that "the judgement that an illness is incurable cannot mean that care has come at an end" (8).3 Chapter 2 then further explicates the grounds of Christian hope in the face of approaching death, starting from the mystery of the Crucified, with special reference to those who stay around him at the moment of the Passion. Chapter 3 recalls the positive meaning of human life as an expression of inalienable human dignity and as the source of certain imperatives in dealing with it. A clear reference to the proclamation [End Page 754] of Pope Francis is made in chapter 4, which explains some "cultural obstacles" to the recognition of the "sacred value of every human life." Finally, chapter 5 (the longest) addresses individual bioethical, medical-ethical, legal, pastoral, and educational issues related to care at critical stages of life.In substance, the doctrine set forth in the new document... (shrink)

Individuals sometimes do things that they know will violate the terms of a statute. Most scholars deny that such actions are always morally wrong, but a coherent theoretical account of the relationships between 1) moral obligation, 2) legal obligation, and 3) criminal wrongdoing that can robustly classify hard cases has been elusive. This article starts with a Kantian account of the relationship between law and morality, and it proposes two closely related standards: one for legal obligation, and (...) another for criminal wrongdoing. It then tests the plausibility and resilience of these standards by using them to generate illuminating new analyses of classic hypothetical cases involving alleged crimes committed under circumstances of necessity. These analyses offer reason to believe that the standards proposed in this article can anchor a Kantian theory of criminal responsibility that is simultaneously rigorous and humane. (shrink)

Ethical dilemmas and value conflicts affect cities globally, but urban leaders and citizens often avoid confronting them directly and instead view the governance of cities as primarily an administrative task or, even worse, a merely political one. Timothy Beatley challenges readers to consider the issues in our cities not simply as legal or economic problems but as moral ones, asking readers 'How can a city become more ethical?' Beatley unearths, exposes, and explores the many ethical questions cities face (...) today and touches on many topics, from privacy and crime to racism and the ethics of public space. Drawing from recent policy debates and using extensive examples to consider complex ethical dilemmas, Beatley argues that cities must expand the definition of the moral community to include all their citizens. Cities must take profound steps to address social injustice and plan for climate change-both moral obligations-and this approachable and readable introduction to moral philosophy, urban planning, and social justice will help new generations to grapple with these global issues. (shrink)

Legal rationalist: law claims to give its subjects reasons for action. Normative reasons intuition: Reasons for action being key, the obvious way to establish that law makes a practical difference in people's deliberations is by arguing that the law claims to give reasons for action to its subjects. Explanatory Reasons Intuition: "And while it is possible to be confused about our normative reasons, it seems unlikely that everyone is confused all the time; so the fact that people consistently take (...) the law as their motivating reason and guide their conduct by the law does seem to suggest that the law does provide normative reasons for its subjects." And if it’s a necessary feature of law that it claims authority, then the argu- ment seems to establish that law claims to provide reasons for its subjects. Schematically the argument as a whole goes like this: The law claims to be a legitimate authority. If a legitimate authority directs a subject to φ the subject is obligated to φ ). The fact that an agent is obligated to φ is a reason for her to φ. So the law claims that its directives are reasons......Obligations as Reason-Giving : the fact that A is obligated to φ is itself a reason for A to φ. Unfortunately for the Legal Rationalist, OAR is false. Legal obligation has certain features which mean that the fact that a certain action’s being legally obligatory cannot itself constitute a reason to perform that action." Will explain away the intuitions in terms of triggering, and show how law can make a normative difference that is consistent with the falsity of OAR. Law's claim, and normative impact, can be captured exclusively in terms of second-order reasons. PartofwhatHartisafterhereistheideathatdeliberationon the matter of whether or not to φ is closed or settled by the obligation. But deliberation is cut off because the law has reached some sort of conclusion or answer or verdict on the question of whether or not to φ. The legal obligation not to φ contains a practical verdict about φing: it is not to be done. This idea – that the legal obligation not to φ provides or contains a verdict that φing is not to be done – is the idea that legal obligation is verdictive. For something to be verdictive is for it to express or embody a verdict or conclusion as to what ought to be done. It is plausible to say that wrongness is verdictive. So to say that such-and-such an action would be wrong is to express a verdict on that action – it is one which should not be done. To get a handle on the idea of the verdictive it helps to contrast it with the contributory. A contributory consideration is one which contributes to the verdict, by increasing the weight on the verdict’s side. So that φing would harm someone, or would cause extreme suffering, or would have costs that vastly outweighed any benefits, say, would be contributory considerations on the side of the verdict that φing would be wrong." "Wrong" is verdictive, and so it cannot itself be a reason for the action - it cannot be a reason for itself. Obligation and wrong in law are very close, and obligation should be treated as verdictive. This shows us that OAR is false. (shrink)

A lawyer explains the difference between law and ethics--what you can do versus what you should do--and how leaders can create more ethical, satisfying, and profitable workplaces.

Nanotechnology is an important platform technology which will add new features like improved biocompatibility, smaller size, and more sophisticated electronics to neuro-implants improving their therapeutic potential. Especially in view of possible advantages for patients, research and development of nanotechnologically improved neuro implants is a moral obligation. However, the development of brain implants by itself touches many ethical, social and legal issues, which also apply in a specific way to devices enabled or improved by nanotechnology. For researchers developing nanotechnology (...) such issues are rather distant from their daily work in the lab, but as soon as they use their materials or devices in medical applications such as therapy of brain diseases they have to be aware of and deal with them. This paper is intended to raise sensitivity for the ethical, legal and social aspects (ELSA) involved in applying nanotechnology in brain implants or other devices by highlighting the short term problems of testing and clinical trials within the existing regulatory frameworks (A), the short and medium-term questions of risks in the application of the devices (B) and the long-term perspectives related to problems of enhancement (C). To identify and address such issues properly nanotechnologists should involve ethical, legal and social experts and regulatory bodies in their research as early as possible. This will help to remove pressure from regulatory bodies, to settle public concern and to prevent non-acceptable developments for the benefit of the patients. (shrink)

What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled (...) relations are not always expressed by perfect statistical concomitances – the existence of iniquitous laws poses no significant threat to a moralistic analysis of law. Special attention is paid to the debate between Ronald Dworkin and H.L.A. Hart. Dworkin’s over-all position is argued to be correct, but issue is taken with his argument for that position. Hart’s analysis is found to be vitiated by an impoverished conception of morality and also of the nature of government. Our analysis of law enables us to answer three questions that, at this juncture of history, are of special importance: Are there international laws? If not, could such laws exist? And if they could exist, would their existence necessarily be desirable? The answers to these questions are, respectively: “no”, “yes”, and “no.” Our analysis of law enables us to hold onto the presumption that so-called legal interpretation is a principled endeavor, and that some legal interpretations are truer to existing laws than others. At the same time, it accommodates the obvious fact that the sense in which a physicist interprets meter-readings, or in which a physician interprets a patient’s symptoms, is different from the sense in which judges interpret the law. So our analysis of law enables us to avoid the extreme views that have thus far dominated debates concerning the nature of legal interpretation. On the one hand, it becomes possible to avoid the cynical view (held by the so-called “legal realists”) that legal interpretation is mere legislation and that no legal interpretation is more correct than any other. On the other hand, it becomes possible to avoid Blackstone’s view (rightly descried by Austin as a “childish fiction”) that judges merely discover, and do not create, the law. (shrink)

This book develops an “idiomatic” foundational theory of the self and its moral obligations. It then employs this theory to answer a variety of questions about legal obligation, political authority, community, and international justice. It argues that we ought to obey a particular community’s laws and government commands, so long as our government restricts itself to protecting classical liberty and individual property rights under the rule of law. It further argues that people today should ideally live in confederated, (...) legally sovereign nation-states or nation-unions. Finally, it suggests that we have greater obligations to our compatriots than we do to foreign citizens, although we will often have pressing moral reasons to obey foreign laws while abroad, grant citizenship to outsiders who wish to join us, and help relieve foreign people’s misery. (shrink)

The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek's Law, Legislation and Liberty and Robert Nozick's Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members (...) of a society. In response to this critique, we will introduce the distinction between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognise (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant's argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant's justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice. (shrink)

There is a gap between, on the one hand, the tragic character of human action and, on the other hand, our moral and legal conceptions of responsibility that focus on individual agency and absolute guilt. Drawing on Kierkegaard’s understanding of tragic action and engaging with contemporary discourse on moral luck, poetic justice, and relational responsibility, this paper argues for a reform of our legal practices based on a less ‘harsh’ (Kierkegaard) conception of moral and (...) class='Hi'>legal responsibility and directed more at empathic understanding based on the emotional and imaginative appreciation of personal narratives. This may help our societies and communities to better cope with unacceptable deeds by individuals who are neither criminals nor patients, to make room for praise as well as blame and punishment, and to set up practices and institutions that do not rely on a conception of responsibility that is hard to bear for all of us. (shrink)

One might question whether we need ethics at all in the debate on global povertyPoverty, or whether the demand to help seems self-evident and the choice of particular actions should be left to specialists on developmental aid. In this chapter, it is argued that the answers are yes and no: No, because we can leave particular recommendations to experts once we know precisely what we should promote—but also yes, since we must know the exact end of our (demanded) action. Empirical (...) povertyPoverty-researchResearch without specified ends is blind; it requires the prior identification and rational justification of particular ends. This, however, is the task of ethics because no empirical science can lead to normative insights. Since it is highly controversial whether philosophical reflection can provide such a justification, a transcendental argument is outlined: if there is something good, then it is good that the good is actively supported, and if a capability to do so is a necessary requirement for this support, then it is also good that human beings have this capability. Human freedom is the paramount capability to self-determine one’s life and actions. It is an essential condition for supporting the good. It follows that a certain kind of freedom (namely the one necessary for supporting the good; here called “moral freedom”) must be regarded as a necessary end for any moralityMorality. We are obliged to help others so that they can help. The chapter ends with showing in which way the end “moral freedom” tells us why we should help the poor and can provide practical orientation for doing so. (shrink)

What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these (...) views precise, I show how linguistic data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence. (shrink)

Most moral philosophers who have recently expressed sympathy with feminist or ‘care-based’ perspectives on ethical theory have thought that such perspectives can make valuable contributions to more comprehensive ethical theories. Few have thought that an ethics of care can offer a complete normative theory. However, Michael Slote is one of the ambitious few. In his recent book, The Ethics of Care and Empathy, he seeks to show that a care-based perspective can do a lot of service in first-order (...) class='Hi'>moral and political theory as well as in metaethics. Here is a quick overview of the book's content: In Chapter 1, Slote explicates the notion of empathy that is central in his ethics of care, which he locates within the sentimentalist paradigm, stemming from philosophers such as Hume and Hutcheson. Slote's account of empathy and moral development draws substantially on work by the psychologist Martin Hoffman. Chapter 2 discusses care ethics and our obligation to help others, including both the near and the distant needy. Chapter 3 aims to show how the notion of empathy can further the case for deontology in ethics. Chapters 4 through 6 discuss the relation of care ethics to pivotal issues in political philosophy, such as autonomy, liberalism, social justice and rights. Slote maintains that autonomy …. (shrink)

:This essay explores the meaning and normative significance of Locke’s depiction of individuals as proprietors of their own person. I begin by reconsidering the long-standing puzzle concerning Locke’s simultaneous endorsement of divine proprietorship and self-ownership. Befuddlement vanishes, I contend, once we reject concurrent ownership in the same object: while God fully owns our lives, humans are initially sole proprietors of their own person. Locke employs two conceptions of “personhood”: as expressing legal independence vis-à-vis humans and moral accountability vis-à-vis (...) God. Humans own their person in the first sense. As original proprietors of their own person, individuals are entitled to subject themselves to self-chosen authorities, thereby incurring obligations of obedience. But they may not choose just any authority. Divine ownership of human life delimits personal self-ownership by restricting the ways in which humans can dispose of their persons: we cannot possibly consensually subject ourselves to absolute and arbitrary power. Locke’s rights-forfeiture theory for crime makes slavery and despotism nonetheless potentially rightful conditions. I argue that, paradoxically, divine dominium of human life underpins both the impermissibility of voluntary enslavement and the justifiability of penal slavery. My analysis helps explain why modern Lockean theories of self-ownership that reject Locke’s theological premises have adopted an ambiguous stance toward despotic rule. (shrink)

This article argues that lawyers have personal moral obligations to help ensure that no one who needs legal services goes without and hence that the practice of law should be seen as involving a calling to promote access to justice. One important aim of the law schools should thus be to inculcate in their students a sense of this calling and ideally to ensure that this notion of 'altru-ethical' professionalism becomes part of each lawyer's moral character. Drawing (...) on educational theory, studies on the impact of law clinics on students' ethical values and a survey of the attitudes towards a legal career, this article argues that the most effective way of inculcating such a sense of calling is through lengthy student involvement in live-client law clinics combined with ethics teaching and opportunities for reflection. It then describes a unique new degree, the University of Strathclyde Clinical LLB, which adopts a cradle to grave approach to the integration of ethics teaching and clinical experience into the standard law degree with the aim of increasing the chances of a sense of altruistic calling becoming part of a student's professional moral character. (shrink)

An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent (...) to deny that they owe deference to state norms. However, if the duty of deference stemmed from people’s decision to regard the law as valuable as Soper argues, then people who do not admit the value of the state would have no duty as such to defer to its norms. And, more importantly, people who admit the value of the state would have a duty not to defer to particular norms, namely those norms which violate the values that ground their preference for a state. This critique of Soper operates within his parameters by accepting his claim that moral consistency generates reasons to act. Even on those terms, Soper’s defence of legal obligation as a duty of deference is unpersuasive. (shrink)

Most moral philosophers who have recently expressed sympathy with feminist or ‘care-based’ perspectives on ethical theory have thought that such perspectives can make valuable contributions to more comprehensive ethical theories. Few have thought that an ethics of care can offer a complete normative theory. However, Michael Slote is one of the ambitious few. In his recent book, The Ethics of Care and Empathy, he seeks to show that a care-based perspective can do a lot of service in first-order (...) class='Hi'>moral and political theory as well as in metaethics. Here is a quick overview of the book's content: In Chapter 1, Slote explicates the notion of empathy that is central in his ethics of care, which he locates within the sentimentalist paradigm, stemming from philosophers such as Hume and Hutcheson. Slote's account of empathy and moral development draws substantially on work by the psychologist Martin Hoffman. Chapter 2 discusses care ethics and our obligation to help others, including both the near and the distant needy. Chapter 3 aims to show how the notion of empathy can further the case for deontology in ethics. Chapters 4 through 6 discuss the relation of care ethics to pivotal issues in political philosophy, such as autonomy, liberalism, social justice and rights. Slote maintains that autonomy …. (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in (...) Part II, which examines two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

Drawing inspiration from the profoundly influential work of legal theorist Larry Alexander, this volume tackles central questions in criminal law, constitutional law, jurisprudence, and moral philosophy. What are the legitimate conditions of blame and punishment? What values are at the heart of constitutional protections against discrimination or infringements of free speech? Must judges interpret statutes and constitutional provisions in ways that comport with the intentions of those who wrote them? Can the law obligate us to violate the demands (...) of morality, and when can the law allow the rights of the few to be violated for the good of the many? This collection of essays by world-renowned legal theorists is for anyone interested in foundational questions about the law's authority, the conditions of its fair application to citizens, and the moral justifications of the rights, duties, and permissions that it protects. (shrink)

For Charles Mills, the "Racial Contract" is a set of meta-agreements between whites to categorize nonwhites as subpersons of inferior moral and legal status relative to whites. This "contract" gives whites the right to exploit non-whites and deny them opportunities provided to whites. It portrays non-whites as designated to serve whites much as non-humans were designated by God to serve the benefit of humans. Mills argument helps make clear how, for most of the modern era, whites have had (...) as little obligation to recognize the rights of non-whites as they have had to recognize the rights of non-humans. (shrink)

Judges decide cases by appeal to rules of general application they deem to be law. If a candidate rule resolves the case and is, ex ante and independently of the judge’s judgment, the law, then the judge has a legal obligation to declare it as such and follow it. That, at any rate, is conventional wisdom. Yet the principle is false – a rule’s being law or the judge’s believing it to be law is neither necessary nor even sufficient (...) for a judge being legally obliged to follow it. The principle’s falsity is especially apparent in so-called hard cases, where the line between legal and non-legal rules is obscure. Moreover, judges have authority to disregard law in hard cases not because moral obligations trump legal obligations. Rather, the law itself circumscribes its own authority. The implications for legal philosophy are significant; for one, a theory of juridical norms can be developed independently of the precise boundaries of legality. (shrink)

Euthanasia and physician-assisted suicide are controversial issues in medical ethics and medical law. In the debate, several arguments against the moral acceptability and legal feasibility of active involvement of physicians in bringing about a patient’s death can be found.One argument refers back to the Ten Commandments: “Thou shall not kill”. Killing another human being is morally abject. According to the argument, this is certainly so for medical doctors, as can be seen in the Hippocratic Oath, which explicitly forbids (...) abortion and euthanasia. A less apodictic argument refers to the slippery slope: if euthanasia would be permitted, a downhill movement is set in motion. The end of this movement would be, on the one hand, that physicians will feel forced to assist people who ask for termination of life on whatever grounds. On the other hand, it might lead to a situation in which it becomes normal to kill people who are no longer useful for society.In the literature and in the public debate, there are also arguments in favour of euthanasia and physician-assisted suicide. One such argument invokes the right to die. According to this argument, decisions concerning life and death should be up to the individual who is concerned. In many countries, suicide is morally and legally accepted. If people are allowed to kill themselves, why should they be without rights when they are no longer able to perform the act themselves?In medical ethics and medical law, patient autonomy is a central pivot. Patients have the right to refuse treatment even if this leads to their death. Shouldn’t people also have the right to determine the moment of dying, if they are in a situation which is unbearable, and without prospect of improvement? Another argument focuses on the duty of the physician to alleviate pain and suffering. If there is no other option, the doctor, in fulfilling this duty, should be allowed to actively end the patient’s life. This argument is not based on autonomy, but on beneficence.The debate concerning euthanasia involves fundamentally different moral principles. This makes the debate interesting, if not central to medical ethics and medical law. Yet, the principles are normally presented in an abstract way. Discussants stick to very general ideas, which lack reference to specific social and historical conditions, and are not related to concrete experiences. To invoke the Ten Commandments, or plea for a right to die, implies the use of universal standards, which tend to be general and empty.From a philosophical perspective, this type of argumentation can be criticized. Following Aristotle, ethics should be based upon experience. Ethical knowledge requires participation in concrete practices. Central to ethics is a feeling for the concrete situation, which is always contingent and historical. From this perspective, it makes sense to consider how practitioners in specific situations deal with moral issues, for instance concerning euthanasia. What role do they give to notions such as autonomy and beneficence, how do they interpret them and apply them to the concrete situation?In this paper I will present the Dutch experience with euthanasia. I will focus upon the way in which during the past thirty years the arguments in favour of euthanasia have been developed, in interaction with euthanasia practice. I will show that patient autonomy has been a crucial pivot. Yet, the Dutch interpretation of autonomy is not purely liberal. It does not only involve rights, but also obligations. Next, I will make clear that the physician plays a central role, in that the moral and legal basis of euthanasia is a conflict of duties on the side of the physician.This brings in the issue of beneficence. Yet the Dutch interpretation of the duty to help is not simply paternalistic. In Dutch health care, the physician-patient relationship is based upon deliberation and mutual agreement. Therefore, my conclusion will be that the Dutch practice of euthanasia has a moral ground, which goes beyond the traditional opposition between autonomy and beneficence. (shrink)

We naturally attribute obligations to groups, and take such obligations to have consequences for the obligations of group members. The threat posed by anthropogenic climate change provides an urgent case. It seems that we, together, have an obligation to prevent climate catastrophe, and that we, as individuals, have an obligation to contribute. However, understood strictly, attributions of obligations to groups might seem illegitimate. On the one hand, the groups in question—the people alive today, say—are rarely fully-fledged moral agents, making (...) it unclear how they can be subjects of obligations. On the other, the attributions can rarely be understood distributively, as concerned with members’ obligations, because obligations to do something require a capacity to do it, and individual members often lack the relevant capacities. Moreover, even if groups can have obligations, it is unclear why that would be relevant for members, exactly because members often lack control over whether group obligations are fulfilled. In previous work, I have argued that a general understanding of individual obligations extends non-mysteriously to irreducibly shared obligations, rendering attributions of obligations to groups legitimate. In this paper, I spell out how the proposed account also helps us understand the relation between individual and shared obligations. Even though few individual human agents have any significant control over whether we will be successful in preventing climate catastrophe, our collective capacity to prevent catastrophe and shared preventative obligation to do so can give rise to significant individual obligations to contribute to its fulfillment. (shrink)

This article supports H. L. A. Hart's “any reasons” thesis (defended consistently from the first edition of The Concept of Law in 1961 to the Postscript to the second edition of 1994) that legal officials may accept law for any reasons, including non‐moral reasons. I develop a conception of non‐moral aesthetic ideals of official conduct which may provide legal officials with reasons to accept and apply even morally iniquitous law. I use this conception in order to (...) rebut Gerald Postema's and Joseph Raz's criticisms of Hart's view, and suggest that my revisions offer reasons for renewed confidence in Hart's account of law's normativity. (shrink)

The recently published BMA Guidelines on Withholding and Withdrawing Medical Treatment encourage a balance between deriving maximal benefit from medical treatment, and achieving as natural a death as possible in the circumstances. I argue that the concepts of burdensomeness, natural death and medicalised death are of greater fundamental importance than that of intention, and do not help constitute a moral distinction between withdrawal of treatment and active assistance to die. Nor should they continue to ground the corresponding legal (...) distinction. In the situations of both treatment withdrawal and active assistance to die, disease causation, human agency and moral responsibility are related in the same way. In both situations, we can intend that a person die for the right reasons, based on a concern for natural death.However, the law is reluctant to impose positive obligations on people, in contrast to the protection of negative rights. For example, the Northern Territory’s Rights of the Terminally Ill Act (1996) provided for assisted death as a lawful exception to an otherwise unlawful act, rather than as an enforceable right like the right to refuse unwanted medical treatment. Nevertheless, that the enforceability of a positive right to assisted death is difficult to conceive, is itself the product of a particular historical/moral/religious frame of reference currently under deconstruction. Genuine natural death statutes would consolidate the important principles supported here, and could apply uniform safeguards to all death-hastening decisions. (shrink)

It was not so long ago that the dominant picture of Kant’s practical philosophy was formalistic, focusing almost exclusively on his Groundwork of the Metaphysics of Morals and Critique of Practical Reason. However, the overall picture of Kant’s wide-ranging philosophy has since been broadened and deepened. We now have a much more complete understanding of the range of Kant’s practical interests and of his contributions to areas as diverse as anthropology, pedagogy, and legal theory. What remains somewhat obscure, however, (...) is how these different contributions hang together in the way that Kant suggests that they must. This book explores these different conceptions of humanity, morality, and legality in Kant as main ‘manifestations’ or ‘dimensions’ of practical normativity. These interrelated terms play a crucial role in highlighting different rational obligations, their source, and their applicability in the face of changing circumstances. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:85, LEGAL OBLIGATION IN HUME There is one aspect of the thought of David Hume that seems to me to be important and topical, especially if considered in relation to two reductionist and dogmatic tendencies that are still noticeable in the general theory of law. By dogmatic I understand conceptions that are insufficiently founded on experience. The first of these two dogmatic tendencies is the emphasis placed on (...) the notion of sanction which is viewed by some as prevailing over the concept of obligation to the point of absorbing it within itself. Law is that which the superior bodies of the dominant class impose. This doctrine has been affirmed even recently. But the master example is given by Bentham. To say that a man has the obligation to behave in a certain way is equivalent to saying that if he does not behave so, he will experience pain (or the absence of pleasure). Legal sanction is the source from which this pain comes. Thus Bentham goes so far as to say that pain is constitutive of 2 obligation in all its forms. This seems to be contrary to experience and common sense. In fact, one can observe a legal obligation independently of the consideration of the consequences inherent in its violation. For this and other reasons the doctrinal tendency to give prevalence to the notion of sanction over the notion of obligation does not take account of experience and is dogmatic. Against this dogmatism one observes even today that the concept of an obligation that arises from a constriction, the concept 3 of Zwangspflicht, is a contradictio in adjecto. Nevertheless, in order to avoid the contradiction inherent in the prevalence of sanction over obligation and the dependence of law on political power and on the power of those who command, it is easy to fall into a second and opposite dogmatism. This second dogmatism consists in affirming the existence of fundamental legal obligations deducible from a priori principles understood platonically 86. as Ol·(fO- T"*) WVXt\S and as vision of the mind. But demonstrative reason, so understood, is determined exclusively through relations of ideas which, in Hume's opinion, cannot themselves constitute legal obligation. A legal system requires modifications and limitations to the passions and interests of individuals. As is well known, Hume argues that a passion and an interest cannot be modified by selfevident rational principles. No criterion that is deducible from demonstrative reason can function as a guide to human behaviour. Now between the two dogmatisms to which I have referred, Hume represents a third way on the basis of experience and of common sense. The advantage offered by Hume's thought is that of showing both the distinction between and the complementary nature of legal obligation and sanction. In what follows I shall discuss what I consider to be the kernel of Hume's legal theory as contained in his conception of human nature, setting aside secondary elements that do not directly concern the subject proposed. First: A legal system is not conceivable without setting up fundamental legal rules which, in Hume's opinion are the rules of justice. Consequently, the discussion of law implies the discussion of justice. And the discussion of justice is part of legal theory. Here I restrict my consideration to the obligations that are expressed by fundamental legal rules which are: stability of possession transference of possession by consent, and performance of promises. We know that, according to Hume, such rules cannot be derived from demonstrative or a_ priori reason but are revealed to empirical knowledge. Second: Hume distinguishes between the setting up of legal obligation and the moral evaluation of the legal obligation. In order to grasp the peculiarity of legal obligation as compared with moral evaluation, I refer here to the constitution of legal obligation. In order to understand the third book of the Treatise, it is in my 87. opinion absolutely necessary to take into account the distinction between the setting up of the legal obligation and its moral evaluation. Third: The obligations expressed in fundamental legal rules do not arise through a natural inclination but by artifice or by convention. The concept of artifice implies in Hume... (shrink)

Of all the ethical questions, the one of what we owe our fellow humans seems to be both the most pressing and the one around which there is the least agreement. Plausible-looking answers range from the extremely demanding claim that we are obliged to give to others until giving to them costs us more than it benefits them, to the minimally demanding claim that we are not obliged to give to others at all, but that it would be nice if (...) we did. The minimally demanding view often combines with the view that beneficence is the responsibility of governments rather than individuals, and with the thought that we dispense with our duties by paying our taxes. The minimally demanding view, however, does not deal well with the intuitions that we have about clear cases like Peter Singer's example of our duty to save a baby who is lying face down in a pond when we can do so at little cost to ourselves. There seems, here, to be a duty of beneficence that is not reflected in the claim that it would merely be nice to help the baby; it exists regardless of the taxes we pay. Our thinking about beneficence needs to be sensitive to clear intuitions such as this. This paper is essentially a methodological consideration of the role that intuitions like the above might play in moral reasoning. (shrink)