An Argument From Evolutionary Naturalism An Argument from Personal Dignity References.

Philosophers have often claimed that the requirements of morality have an absolute and categorical status. Other values may be relative to the agent's ends, other imperatives hypothetical on his desires: their requirements must be justified by relating the action enjoined to the attainment of those ends or desires, and can be avoided by being shown to be incompatible with them. But the requirements of morality bind us whatever our ends or desires might be: they are not to be justified by (...) reference to anything beyond themselves; they cannot be avoided by being shown to be incompatatible with our existing purposes. Other values and imperatives may be determined—be given their status as values or imperatives—by our own prior purposes and desires: but those of morality themselves determine which purposes or desires we may or may not pursue. For convenient reference I label this the Absolutist view. (shrink)

This article argues that congregations should be seen as grassroots public moral agents, on the ground working to bring what they discern as God's preferred future into being. Deliberations among congregations of all social backgrounds are a way of doing ethics "polycentrically," without a dominant center. Because cultural and social boundaries are permeable and people in various social groups can imaginatively enter the worlds of people unlike themselves, they can engage those perspectives morally on an equal footing. The essay (...) addresses ethicists' participation in congregations' moral deliberation and action, and concludes with a plea for theological ethicists to consider congregations in their work. (shrink)

In contemporary discussions on practical ethics, the concepts of autonomy and dignity have frequently been opposed. This tendency has been particularly visible in controversies regarding cloning, abortion, organ sales, and euthanasia. Freedom of research and freedom of choice, as instances of professional and personal autonomy, have been cited in arguments favouring these practices, while the dignity and sanctity of human life have been evoked in arguments against them. In the moral theory of Immanuel Kant, however, the concepts of autonomy (...) and dignity seem to coexist in mutual harmony. Respect for the freely chosen moral law and respect for the absolute value of humanity coincide, and give rise to a unified understanding of our duties toward ourselves and others. My question in this paper is, was Kant on to something here? Can autonomy and dignity, in the sense in which they are used in current debates, be brought together, and can the arguments be settled in a way that would satisfy both disagreeing parties? My answer to the question is, yes and no. Kant was definitely on to something in that he recognized two competing views in modern moral philosophy, and tried to consolidate them in an attempt to create a universal model of ethics. But in the end, he failed to fuse the two views together on equal terms. Instead, he sacrificed the modern idea of the self-governance of individuals on the altar of the premodern notion of the absolute inner worth of humanity. (shrink)

In contemporary discussions on practical ethics, the concepts of autonomy and dignity have frequently been opposed. This tendency has been particularly visible in controversies regarding cloning, abortion, organ sales, and euthanasia. Freedom of research and freedom of choice, as instances of professional and personal autonomy, have been cited in arguments favouring these practices, while the dignity and sanctity of human life have been evoked in arguments against them. In the moral theory of Immanuel Kant, however, the concepts of autonomy (...) and dignity seem to coexist in mutual harmony. Respect for the freely chosen moral law and respect for the absolute value of humanity coincide, and give rise to a unified understanding of our duties toward ourselves and others. My question in this paper is, was Kant on to something here? Can autonomy and dignity, in the sense in which they are used in current debates, be brought together, and can the arguments be settled in a way that would satisfy both (or all) disagreeing parties? My answer to the question is, yes and no. Kant was definitely on to something in that he recognized two competing views in modern moral philosophy, and tried to consolidate them in an attempt to create a universal model of ethics. But in the end, he failed to fuse the two views together on equal terms. Instead, he sacrificed the modern idea of the self-governance of individuals on the altar of the premodern notion of the absolute inner worth of humanity. (shrink)

In contemporary discussions on practical ethics, the concepts of autonomy and dignity have frequently been opposed. This tendency has been particularly visible in controversies regarding cloning, abortion, organ sales, and euthanasia. Freedom of research and freedom of choice, as instances of professional and personal autonomy, have been cited in arguments favouring these practices, while the dignity and sanctity of human life have been evoked in arguments against them. In the moral theory of Immanuel Kant, however, the concepts of autonomy (...) and dignity seem to coexist in mutual harmony. Respect for the freely chosen moral law and respect for the absolute value of humanity coincide, and give rise to a unified understanding of our duties toward ourselves and others. My question in this paper is, was Kant on to something here? Can autonomy and dignity, in the sense in which they are used in current debates, be brought together, and can the arguments be settled in a way that would satisfy both disagreeing parties? My answer to the question is, yes and no. Kant was definitely on to something in that he recognized two competing views in modern moral philosophy, and tried to consolidate them in an attempt to create a universal model of ethics. But in the end, he failed to fuse the two views together on equal terms. Instead, he sacrificed the modern idea of the self-governance of individuals on the altar of the premodern notion of the absolute inner worth of humanity. (shrink)

The question of the world in itself — the world beyond its correlation with experience in the broadest sense — is one of the sore points of phenomenology and becomes especially acute in the light of modern discussions around correlationism. These discussions, in one way or another, make phenomenology come around to the classical distinction between the phenomenon and the thing-in-itself, with the help of which Kant outlines the field of ethics as a special world lying on the other side (...) of the correlation of knowledge and object constitutive for nature. Philosophy deals with the thing-in-itself in the proper, positive sense of the word, not as phenomenology (transcendental philosophy, which reveals the correlation of knowledge and reality in the world of phenomena and the futility of attempts by theoretical reason to know anything beyond phenomena), but as a critique of practical reason. The article attempts to consider the opposition of the thing-in-itself and the phenomenon in the context of the criticism that Kant’s practical philosophy is subjected to in Hegel’s The Phenomenology of Spirit and to explicate the arguments that this criticism makes available to phenomenology for rethinking the problem of Ding an sich and the ethical dimension of the epoche. The first part of the article examines the Hegelian analysis of the main contradiction contained in the Kantian opposition of duty as something that is in itself, and nature as a phenomenon (this opposition forms what Hegel calls the moral worldview): duty does not depend on nature and therefore does not need natural (phenomenal) realization in actions, but at the same time, duty is nothing but the necessity of actions and, consequently, the necessity of a phenomenon. This contradiction, as Hegel shows, leads to the disintegration of the moral worldview and, thus, turns into the sublation of the absolute separation of duty (thing in itself) and nature (phenomenon). The restitution of the difference between the moral an sich and the phenomenon within conscience — a phenomenon that arises as a result of the destruction of the moral worldview — turns into a new paradox, which demonstrates that the thing-in-itself (ethical good), since it is freed from the phenomenon, is not only unreal, but also turns into its own opposite. The paradox consists in the fact that the consciousness of duty, taken in its independence from the phenomenal realization in actions, becomes evil itself, turning to hypocrisy in the moral judgment about other people’s actions. In the second part of the article, the significance of the Hegelian critique of Kant’s practical philosophy for the phenomenological destruction of the difference between the thing-in-itself and the phenomenon and the problematization of the ethical dimension of the phenomenological method is explicated. Tracing the naive origins of this difference in the natural attitude and their transformation in Kantian philosophy, the author tries to consider the sublation of the opposition of the thing-in-itself and the phenomenon in the field of ethics as one of the possible paths to phenomenology. It is shown how the necessary relation of the supra-worldly an sich with the situational nature of its phenomenal realization in actions calls into question the possibility of a phenomenological epoche. The author also seeks to demonstrate that the problematization of the difference between the thing-in-itself and the phenomenon does not turn phenomenology into a system in the Hegelian sense. (shrink)

Consequentialist doctrines have often been criticized for their excessive demandingness, in that they require the thorough instrumentalization of each person’s life as a vehicle for the production of good consequences. In turn, the proponents of such doctrines have often objected to what they perceive as the irrationality of the demandingness of deontological duties. In this paper, I shall address objections of the latter kind in an effort to show that they are unfounded. My investigation of this matter will unfold by (...) reference to a scenario that strikingly and concretely exemplifies the demandingness of deontological duties. That scenario, which involves a situation of torture (specifically, placatory torture – in other words, torture undertaken for the purpose of appeasing people who have demanded that it be administered), will serve as a springboard for my endeavor to vindicate the rationality of deontological absolutes and will help to illuminate the endeavor’s practical implications. (shrink)

I discuss the third of Anscombe’s theses from “Modern Moral Philosophy”, namely that post-Sidgwickian consequentialism makes the worst action acceptable. I scrutinize her comprehension of “consequentialism”, her reconstruction of Sidgwick’s view of intention, her defence of casuistry, her reformulation of the double-effect doctrine, and her view of morality as based on Divine commands. I argue that her characterization of consequentialism suffers from lack of understanding of the history of utilitarianism and its self-transformation through the Intuitionism-Utilitarianism controversy; that she uncritically (...) accepted an impoverished image of Kantian ethics and intuitionism, which was, ironically, an unaware bequest from her consequentialist opponents; that her action theory, yet, is a decisive contribution that may prove useful in formulating answers to questions that have been left open in both utilitarian and Kantian or intuitionist theories; that, to make the best of her actions theory, it is as well to drop her divine law view of ethics, which is incompatible with the former; and that the rather obscure traditional theological doctrine of absolute prohibitions is unnecessary to her project that could fare well with the more sober distinction between perfect and imperfect duties. (shrink)

Many physicians are involved in relationships that create tension between a physician's duty to work in her patients’ best interest at all times and her financial arrangement with a third party, most often a pharmaceutical manufacturer, whose primary goal is maximizing sales or profit. Despite the prevalence of this threat, in the United States and globally, the most common reaction to conflicts of interest in medicine is timid acceptance. There are few calls for conflicts of interest to be banned, and, (...) to our knowledge, no one calls for conflicted practitioners to be reprimanded. Contrast our attitudes in medicine with public attitudes toward financial conflicts among government employees. When enforcement of rules against conflict of interest slackens in the public sector, news organizations investigate and publish their criticism. Yet even when doctors are quoted in the media promoting specific drugs, their personal financial ties to the drug maker are rarely mentioned. Policies for governmental employees are strict, condemnation is strong, and criminal statutes exist. Yet the evidence that conflict is problematic is, if anything, stronger in medicine than in the public sector. Policies against conflicts of interest in medicine should be at least as strong as those already existing in the public sector. (shrink)

Many physicians are involved in relationships that create tension between a physician's duty to work in her patients’ best interest at all times and her financial arrangement with a third party, most often a pharmaceutical manufacturer, whose primary goal is maximizing sales or profit. Despite the prevalence of this threat, in the United States and globally, the most common reaction to conflicts of interest in medicine is timid acceptance. There are few calls for conflicts of interest to be banned, and, (...) to our knowledge, no one calls for conflicted practitioners to be reprimanded. Contrast our attitudes in medicine with public attitudes toward financial conflicts among government employees. When enforcement of rules against conflict of interest slackens in the public sector, news organizations investigate and publish their criticism. Yet even when doctors are quoted in the media promoting specific drugs, their personal financial ties to the drug maker are rarely mentioned. Policies for governmental employees are strict, condemnation is strong, and criminal statutes exist (allowing for corruption charges). Yet the evidence that conflict is problematic is, if anything, stronger in medicine than in the public sector. Policies against conflicts of interest in medicine should be at least as strong as those already existing in the public sector. (shrink)

Contemporary philosophers of religion usually depict God as a responsible moral agent with virtues and obligations. This picture seems to be incompatible with the metaphysically perfect being of classical theism. In this paper I will defend the claim, based on a reading of Thomas Aquinas’s thought, that there is no such incompatibility. I will present Aquinas’s arguments that show that we can attribute to God not only moral goodness in general, but also some moral virtues in a (...) strict sense, such as justice and mercy. I will show why for Aquinas we can say that God has moral duties toward Himself and toward creatures. I will explain how for Aquinas God’s moral duties are not absolute, but conditionally necessitated. Finally, I will show how on Aquinas’s view there is no contradiction in saying that every act of God is, simultaneously, an act of justice and a supererogatory act of mercy. (shrink)

Because there are governments, societies, and laws we have various obligations we otherwise would not have. This is at best trivial. But what is not trivial is how it is that we have these obligations. In this paper, I shall sketch an answer to this question.

This article compares two groundings of ethics: the ethical postulates of Immanuel Kant with the existential thinking of S. Kierkegaard. To achieve this goal, first, it proposes highlighting the fundamental ideas of Kantian ethics; then, secondly, highlighting Kierkegaard’s ethical stance; and finally, contrasting both approaches to identify differences and similarities. Conclusively, we can say that the pure Kantian ethical formality of duty for duty’s sake necessarily dispenses with existential and concrete content; it is an ethics that is grounded in itself, (...) that refers to itself, to the rational nature of the human being and its universality. In contrast, Kierkegaardian ethics is a Christian ethics, it is the ethics of love for one’s neighbour and, above all, for God; it is a relational and existential ethics of the single individual. (shrink)

Resumen Este artículo da cuenta de la forma en que el liberalismo del filósofo chileno Jenaro Abasolo (1833-1884), al conceder un rol activo al Estado en la “habilitación de la masa desheredada”, responde al adjetivo “social”. En Abasolo, el deber de asegurar en lo posible la prosperidad de las personas, se sostiene en el derecho natural y en una teología de la historia pan[en]teísta afín al krausismo. Abasolo piensa que la redención del desheredado en naciones aun juveniles debe apoyarse en (...) una forma de Estado “casi socialista”. Esto implica una acción de centralización y de tutela del pueblo que enfrenta a los autores del artículo a la gran dificultad de determinar cómo el autor chileno realiza la transición de una habilitación consumada a través de un buen grado de despotismo, hacia la libertad. Es decir, resulta controversial establecer la factibilidad de la realización de esta vía cuasi socialista a un liberalismo contrafácticamente orientado por el laissez faire. Abstract This article shows how the liberalism of the Chilean philosopher Jenaro Abasolo (1833-1884), by granting an active role to the State in the “empowerment of the disinherited mass”, responds to the adjective “social”. In Abasolo, the duty to ensure as far as possible the prosperity of the people is based on natural law and on a pan[en]theistic theology of history akin to Krausism. Abasolo thinks that the redemption of the disinherited in even juvenile nations must be supported by an “almost socialist” form of state. This implies an action of centralization and guardianship of the people that confronts the authors of the article with the great difficulty of determining how the Chilean author makes the transition from an empowerment consummated through a good degree of despotism, towards freedom. That is to say, it is controversial to establish the feasibility of the realization of this quasi-socialist path to a liberalism counterfactually oriented by laissez faire. (shrink)

We were led, at the close of the last paper, to the conclusion that the moral judgment lays claim to a knowledge of what is unknowable. It is not merely that our volition is imperfect, that the act of necessity falls short of what we know to be right. This seems bad enough; but the plight in which we actually find ourselves is even worse. The paradox is that we never know, and never can know, in any particular situation, (...) what it is really right to do. We know indeed that it is always right, really and absolutely right, to do what we believe to be right. For a man to act “against his conscience,” after all possible thought has been taken for its enlightenment, we know to be morally wrong. But this knowledge is purely formal and gives no clue to the matter of moral obligation. It tells us what is common alike to any and every case of moral duty; it does not tell us what we ought to do. For the right that we will cannot be merely the rightness of willing it. What I ought to do cannot be merely that I ought to do it. Now our beliefs and judgments as to material rightness, i.e. as to what it is right to do in a concrete situation, are notoriously liable to error. So we seek for a criterion by which to test our variable and fallible judgments, a criterion of what is really right. But the search is doomed to failure; we can only test beliefs by beliefs, our former beliefs by our later, the beliefs of one man or society or age by those of others. (shrink)

Resumen: Las cambiantes relaciones entre seres humanos y árboles en los relatos de los habitantes cordilleranos del sur de Chile invitan a revisar los límites de la comunidad moral para incluir en ella a los seres con que se convive y de los que se depende. La presencia de prácticas mapuches cordilleranas de largo aliento junto con las transformaciones experimentadas por las poblaciones madereras y los relatos de las personas que explotaron los árboles nativos se encarnan en conversaciones que (...) invitan a reformular el vínculo con la naturaleza, tomando como referencia la pluralidad de experiencias locales. Estas voces cordilleranas convergen con aquellas orientaciones filosóficas que reconocen al ser humano como parte y no como centro de un entramado vital de mayores y más complejas dimensiones, a la vez que, en un sentido práctico, con la urgencia de generar respuestas que resguarden la naturaleza y que garanticen la inclusión social y la convivencia intercultural.: The changing relations between human and trees open opportunities in the narratives of the south Andean residents to expand the moral duties towards those beings upon whom humans depend and with whom they live. The existence of long lasting Mapuche cultural practices in the mountainous areas along with the transformations of timber towns and the narratives of people who exploited the native trees in those territories prompt a reshaping of the link with nature by means of the creation of moral duties based upon the diversity of local experiences. Such an alternative coincides with those philosophical orientations that recognize humans as part and not as the center of a vital patchwork. At the same time, it relates to the need of alternatives to preserve nature while guaranteeing social inclusion and intercultural coexistence. (shrink)

Shared views regarding the moral respect which is owed to children in family life are used as a guide in determining the moral permissibility of nontherapeutic clinical research procedures involving children. The comparison suggests that it is not appropriate to seek assent from the preadolescent child. The analogy with interventions used in family life is similarly employed to specify the permissible limit of risk to which children may be exposed in nontherapeutic research procedures. The analysis indicates that recent (...) writers misconceive how certain moral principles, such as respect for personal autonomy, require us to act toward children. The results are also used to assess proposed federal regulations on research with children. (shrink)

We were led, at the close of the last paper, to the conclusion that the moral judgment lays claim to a knowledge of what is unknowable. It is not merely that our volition is imperfect, that the act of necessity falls short of what we know to be right. This seems bad enough; but the plight in which we actually find ourselves is even worse. The paradox is that we never know, and never can know, in any particular situation, (...) what it is really right to do. We know indeed that it is always right, really and absolutely right, to do what we believe to be right. For a man to act “against his conscience,” after all possible thought has been taken for its enlightenment, we know to be morally wrong. But this knowledge is purely formal and gives no clue to the matter of moral obligation. It tells us what is common alike to any and every case of moral duty; it does not tell us what we ought to do. For the right that we will cannot be merely the rightness of willing it. What I ought to do cannot be merely that I ought to do it. Now our beliefs and judgments as to material rightness, i.e. as to what it is right to do in a concrete situation, are notoriously liable to error. So we seek for a criterion by which to test our variable and fallible judgments, a criterion of what is really right. But the search is doomed to failure; we can only test beliefs by beliefs, our former beliefs by our later, the beliefs of one man or society or age by those of others. (shrink)

Recent research has begun treating the perennial philosophical question, “what makes a person the same over time?” as an empirical question. A long tradition in philosophy holds that psychological continuity and connectedness of memories are at the heart of personal identity. More recent experimental work, following Strohminger & Nichols (2014), has suggested that persistence of moral character, more than memories, is perceived as essential for personal identity. While there is a growing body of evidence supporting these findings, a critique (...) by Starmans & Bloom (2018) suggests that this research program conflates personal identity with mere similarity. To address this criticism, we explore how loss of someone’s morality or memories influence perceptions of identity change, and perceptions of moral duties towards the target of the change. We present participants with a classic ‘body switch’ thought experiment and after assessing perceptions of identity persistence, we present a moral dilemma, asking participants to imagine that one of the patients must die (Study 1) or be left alone in a care home for the rest of their life (Study 2). Our results highlight the importance of the continuity of moral character, suggesting lay intuitions are tracking (something like) personal identity, not just mere similarity. (shrink)

Kant argues that morality leads to religion, and that religion consists in regarding our moral duties as divine commands. This paper explores a foundational question for Kantian religion: When you think of your duties as divine commands, what exactly are you thinking, and how is that thought consistent with Kant’s own account of the ways that morality is independent from God? I argue that if we assume the Kantian religious person acts out of obedience to God, then her overall (...) outlook will be inconsistent. I then develop an account of regarding duties as divine commands that does not involve acting out of obedience to God. This account, however, faces an objection—that without obedience, one cannot actually be thinking of duties as divine commands. In the final section, I consider this objection and suggest a response. (shrink)

David Shaw's response to Hugh McLachlan's criticism of his proposed new perspective on euthanasia is ineffectual, mistaken and unfair. It is false to say that the latter does not present an argument to support his claim that there is a moral difference between killing and letting die. It is not the consequences alone of actions that constitute their moral worth. It can matter too what duties are breached or fulfilled by the particular moral agents who are involved.

In the traditional understanding, human dignity is often portrayed as a «final», «inherent», and «absolute» value. If human dignity as the core of the status of a human being did indeed have thos characteristics, this would yield a severe limitation for obligations that stem from the moral status of non-human animals, plants, eco systems and other entities discussed in environmental ethics; for obligations that arise from human dignity standardly take priority over the duties toward entities with non-human moral (...) status. Yet, many theorists of human dignity nowadays have given up the traditional picture in favour of a more «contingent» understanding of human dignity that abandons one or more of its traditional characteristics.In this paper, I argue that to the contrary, we have good reasons to think that the three characteristics of human dignity just mentioned can indeed be attributed to a value that deserves the name «human dignity». In a first part, I argue for a specific understanding of the three value characteristics under consideration. After these preliminaries, I show in a second part that given such an understanding, we have ample evidence that we can indeed say that human dignity is an inherent, absolute and final value; and also that these three characteristics are properties of a single value. (shrink)

Kantian defenders of suicide for the soon-to-be demented claim that killing oneself would protect rather than violate a person’s inherent worth. The loss of cognitive functions reduces someone to a lower moral status, so they believe that suicide is a way of preserving or preventing the loss of dignity. I argue that they misinterpret Kant’s examples and fail to appreciate the reasons behind his absolute prohibition on suicide. Although Kant says that one may have to sacrifice one’s life to (...) fulfill a moral duty, suicide is not morally equivalent to self-sacrifice because it involves treating oneself merely as a means. Furthermore, people facing the onset of dementia would not protect their dignity by killing themselves while they are still rational and would not avoid a demeaning existence. (shrink)

I canvass the major contending normative theories /approaches concerning the world hungerabsolute poverty problem by going through a set of questions— some normative, some empirical, and some a mixture of both—in order to elucidate what the germane issues are in this ongoing debate and in order to provide a decision procedure for progressively weeding out the less plausible theories from the more plausible ones until we arrive at what I believe to be the most plausible and well-supported theory and solution (...) to this momentous problem. Theories are eliminated if they are empirically unsupportable in terms of their analysis of the problem (or their recommendations aimed at solving the problems) and/or they are morally unsupportable in terms of not showing sufficient concern and respect for people in the design of the principles, rights, duties, and/or obligations they propose or, alternatively, not respecting the root values of autonomy and fairness. My main conclusion is that although Amartya Sen's capability ethic has made important contributions to moral theory, a Rawlsian theory (such as mine) that specifically accepts a Basic Rights principle is preferable to it since, for one reason, it is less vague in what policies are to be recommended on such issues as world hunger (given the same set of empirical assumptions). I also conclude that although Sen's empirical (economic and socialtheoretical) work on famines, hunger, and absolute poverty in general is to be much commended, it contains claims that are highly suspect. (shrink)

I canvass the major contending normative theories /approaches concerning the world hungerabsolute poverty problem by going through a set of questions— some normative, some empirical, and some a mixture of both—in order to elucidate what the germane issues are in this ongoing debate and in order to provide a decision procedure for progressively weeding out the less plausible theories from the more plausible ones until we arrive at what I believe to be the most plausible and well-supported theory and solution (...) to this momentous problem. Theories are eliminated if they are empirically unsupportable in terms of their analysis of the problem (or their recommendations aimed at solving the problems) and/or they are morally unsupportable in terms of not showing sufficient concern and respect for people in the design of the principles, rights, duties, and/or obligations they propose or, alternatively, not respecting the root values of autonomy and fairness. My main conclusion is that although Amartya Sen's capability ethic has made important contributions to moral theory, a Rawlsian theory (such as mine) that specifically accepts a Basic Rights principle is preferable to it since, for one reason, it is less vague in what policies are to be recommended on such issues as world hunger (given the same set of empirical assumptions). I also conclude that although Sen's empirical (economic and socialtheoretical) work on famines, hunger, and absolute poverty in general is to be much commended, it contains claims that are highly suspect. (shrink)

The political problem John Locke inherited from Thomas Hobbes was to produce a theory of natural rights that would not preclude the possibility of entering peacefully into civil association. If political existence is grounded on an unmediated theory of natural right, where every individual has a natural right to whatever he or she conceives to be useful in assuring his or her preservation, and where there are no moral limits to what one's rights will justify, civil association cannot come (...) about without invoking the coercive power of absolute sovereign authority. The problem with that, Locke insisted, is that absolute political authority transforms citizens into slaves.To avoid the necessity for invoking Hobbesian absolutism, Locke needed philosophical evidence that, in the natural situation, man is limited by natural duties. Locke produces an idea of natural duty which relocates the source of man's identity as a person bearing rights in what might be called the labor of consciousness. For Locke, it is the labor of consciousness itself - i.e. the act of self-imputation and self-ownership implicit in self-consciousness - that connects self-interest with an assumption of responsibility, and that transforms natural right into a natural principle of morality which does not need the mediating authority of sovereign power or the legitimating authority of God. The result is, we do not need to draw on theological foundations or call upon natural law doctrines as moral substitutes for the Hobbesian sovereign in order to legitimate Locke's political philosophy. Unvarnished natural duty is, for Locke, enough to ground civil association. The result is a natural morality that enables humans to enter into conditions of community and mutual trust without enlisting the intervening authority of sovereign power. Das staatsphilosophische Problem, das Locke von Hobbes geerbt hatte, war das Problem, eine Theorie natürlicher Rechte zu formulieren, die dem friedlichen Übertritt in eine bürgerliche Gesellschaft nicht entgegensteht. Wenn die Existenz des Staates mit der unkritisiert bleibenden Vorstellung verbunden wird, jedem Individuum komme ein natürliches Recht auf alles zu, was es als für seine Selbsterhaltung nützlich erachtet, und außerdem die moralischen Grenzen, denen ein derartig umfassendes Recht unterliegt, ebenfalls nicht reflektiert werden, dann läßt sich eine bürgerliche Gesellschaft nicht ohne die zwingende Gewalt einer absolut souveränen Macht begründen. Das Problem eines solchen Konzepts, so betont Locke nachdrücklich, besteht darin, daß unter einer absoluten politischen Autorität Bürger zu Sklaven werden.Um einen Absolutismus Hobbes'scher Prägung zu vermeiden, mußte Locke den Beweis dafür führen, daß der Mensch im Naturzustand durch natürliche Pflichten gebunden ist. Dazu schuf er die Vorstellung von einer natürlichen Verpflichtung, die den Ursprung der Identität des Menschen als einer Person, die Rechte hat, auf etwas zurückführt, was als "Tätigkeit des Bewußtseins" bezeichnet werden könnte. Für Locke ist es die Tätigkeit des Bewußtseins, d.i. der im Selbstbewußtsein gegründete Akt, sich die eigenen Handlungen selbst zuzuschreiben, überhaupt der Akt der Inbesitznahme des eigenen Selbst, der das Eigeninteresse mit der Annahme von Verantwortlichkeit verknüpft und das natürliche Recht in ein natürliches Prinzip der Moralität verwandelt, das der regulierenden Autorität einer souveränen Gewalt oder der legitimierenden Autorität Gottes nicht mehr bedarf. Um Lockes politische Philosophie zu rechtfertigen, sind daher weder theologische Begründungen nötig noch Naturrechtsdoktrinen als moralischer Ersatz für den Hobbes'schen Souverän. Locke betrachtet die bloße natürliche Verpflichtung als hinreichend für die Begründung einer bürgerlichen Gesellschaft. Das Resultat ist eine natürliche Moralität, die Menschen erlaubt, sich ohne die Intervention einer souveränen Gewalt in einen Zustand der Gemeinschaft und des gegenseitigen Vertrauens zu begeben. (shrink)

There are countless circumstances under which random individuals COULD act together to prevent something morally bad from happening or to remedy a morally bad situation. But when OUGHT individuals to act together in order to bring about a morally important outcome? Building on Philip Pettit’s and David Schweikard’s account of joint action, I will put forward the notion of joint duties: duties to perform an action together that individuals in so-called random or unstructured groups can jointly hold. I will show (...) how this account of joint duties is preferable to one which defends individual duties to cooperate. I then discuss the limits of joint duties and the ways in which one can fail to comply with them. It will become apparent that the circumstances under which individuals in random collectives acquire such joint duties are rare. (shrink)

In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, when (...) fully unfolded, refers to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (shrink)

I argue that eating meat is morally good and our duty when it is part of a practice that has benefited animals. The existence of domesticated animals depends on the practice of eating them, and the meat-eating practice benefits animals of that kind if they have good lives. The argument is not consequentialist but historical, and it does not apply to nondomesticated animals. I refine the argument and consider objections.

There exists a serious shortage of organs for transplantation in China, more so than in most Western countries. Confucianism has been commonly used as the cultural and ethical reason to explain the reluctance of Chinese and other East-Asian people to donate organs for medical purposes. It is asserted that the Confucian emphasis on xiao (filial piety) requires individuals to ensure body intactness at death. However, based on the original texts of classical Confucianism and other primary materials, we refute this popular (...) view. We base our position on the related Confucian norms of filial piety and ren (humaneness, humanity or benevolence), the tension between differentiated love and universal love, and belief in the goodness of human nature. In light of this, we argue that the Confucian ethical outlook actually calls for organ donation at an individual level, and supports an opt-out (presumed consent) system at the level of social policy. Furthermore, because the popular view is based on a number of dominant but misleading modes of thinking about cultural differences, our revisionist account of Confucian moral duties regarding organ donation has implications for developing a more adequate transcultural and global bioethics. These will be discussed and expanded upon. (shrink)

Much has been written about the general moral duty to love one’s neighbors. In this article, I explore the specific application of this moral duty in the work setting. I argue from a secular perspective that individuals have the moral duty to love their stakeholders. Loving one’s stakeholders is an affective valuing of the stake-related values these stakeholders pursue and as such is the real recognition of one’s stakeholders as stakeholders and of oneself as a stakeholder of (...) one’s stakeholders. This moral concept of stakeholder love offers promising contributions to stakeholder theory, leadership theories, and ethical theories in general and business ethics theories in particular. (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)

The 2010 Patient Protection and Affordable Care Act was designed to increase health insurance coverage in the United States. Its most controversial feature is the requirement that US residents purchase health insurance. Opponents of the mandate argue that requiring people to contribute to the collective good is inconsistent with respect for individual liberty. Rather than appeal to the collective good, this Viewpoint argues for a duty to buy health insurance based on the moral duty individuals have to reduce certain (...) burdens they pose on others. When some people have a duty to rescue, others may have a duty to take rescue precautions, in this case, to purchase health insurance to cover acute and emergency care needs. Requiring that individuals meet this obligation is consistent with respect of individual liberty. (shrink)

This paper discusses the idea that trade – the practice of regularised exchange of goods or services between nation-states for mutual advantage under an orchestrated system of rules – can generate moral duties, duties that exist between only participants in the activity. It considers this idea across three duties often cited as duties of trade: duties not to harm; duties to provide certain basic goods; and duties to distribute benefits and burdens fairly. The paper argues that these three duties (...) seem unlikely contenders for duties thought in some sense to supervene on trade, the former two because they seem to exist regardless of the existence of trade and the latter because it seems to apply to a group more widely conceived than to be coherently thought centred on trade. It concludes that, at least across these three duties, it is more plausible to think that they are duties which, although possibly having relevance for how trade is conducted, do not emerge from the practice and are, rather, grounded elsewhere. (shrink)

In this paper, I argue for a _(pro tanto)_ _moral duty against dogmatism_: I argue that the _social costs_ of a disagreement can give those who are party to it added moral reasons to reconsider their controversial beliefs and (so) not to be dogmatic. In Sect. 1, I motivate the idea _that_ the social costs of disagreement may give rise to reasons to reconsider our beliefs by considering intuitive examples to that effect. I suggest that some of the stock (...) intuitions that epistemologists of disagreement have depended on to make their arguments are implicitly influenced by social costs that are salient to the disagreements in their cases. In Sect. 2, I respond to a _Practical Objection_ to my argument that political philosophers might be keen to press. According to this objection, the social costs of disagreement do not give rise to a moral duty against dogmatism because we can adequately address those costs just by compromising on how we _act on_ our beliefs in the context of the disagreement. In Sect. 3, I address a contrasting objection to the moral duty against dogmatism that might be pressed by epistemologists, which I term the _Truth Objection._ This objection points out that the social costs of disagreement do nothing to affect the strength of the _evidence _for or against one’s contentious beliefs, and so complains that those who reconsider their beliefs just on account of the social costs of disagreement ‘cave in’ to social pressure in a problematic way. In the course of addressing the Truth Objection, I more carefully explain _how_ the social costs of disagreement give rise to a moral duty against dogmatism by distinguishing between ‘truth-motivated’ and ‘truth-indifferent’ reasons for inquiry. (shrink)

We often act in ways that create duties for ourselves: we adopt a child and become obligated to raise and educate her. We also sometimes act in ways that eliminate duties: we get divorced, and no longer have a duty to support our now ex-spouse. When is it morally permissible to create or to eliminate a duty? These questions have almost wholly evaded philosophical attention. In this paper we develop answers to these questions by arguing in favor of the asymmetric (...) approach to deontic value. This approach holds that we must assign zero deontic value to fulfilling a duty, while assigning negative deontic value to violating that duty. Taking the opposing more natural symmetric approach, which holds that fulfilling duties has positive deontic value, leads to perverse recommendations about when to create or eliminate duties. A formal proof supporting the asymmetric approach is offered. We further show that moral theories require a consequentialist component to explain why we sometimes have duties to create or maintain duties. (shrink)

Opponents of euthanasia sometimes argue that it is incompatible with the purpose of medicine, since physicians have an unconditional duty never to intentionally cause death. But it is not clear how such a duty could ever actually be unconditional, if due consideration is given to the moral weight of countervailing duties equally fundamental to medicine. Whether physicians' moral duties are understood as correlative with patients' moral rights or construed noncorrelatively, a doctor's obligation to abstain from intentional killing (...) cannot be more than a defeasible duty. (shrink)

This thesis sets out an argument in defence of moral objectivism. It takes Mackie as the critic of objectivism and it ends by proposing that the best defence of objectivism may be found in what I shall call Kantian intuitionism, which brings together elements of the intuitionism of Ross and a Kantian epistemology. The argument is fundamentally transcendental in form and it proceeds by first setting out what we intuitively believe, rejecting the sceptical attacks on those beliefs, and by (...) then proposing a theory that can legitimize what we already do believe. Chapter One sets out our intuitive understanding of morality: that morality is cognitive, moral beliefs can be true or false; that morality is real, we do not construct it; that morality is rational, we can learn about it by rational investigation; and that morality places us under an absolute constraint. The chapter ends by clarifying the nature of that absolute demand and by arguing that the critical idea within morality is the idea of duty. In Chapter Two Mackie’s sceptical attack on objectivism is examined. Four key arguments are identified: that moral beliefs are relative to bfferent agents; that morality is based upon on non-rational causes; that the idea of moral properties or entities is too queer to be sustainable; and that moral objectivism involves queer epistemological commitments. Essentially all of these arguments are shown to be ambiguous; however it is proposed that Mackie has an underlying epistemological and metaphysical theory, scientific empiricism, which is hostile to objectivism and a theory that many find attractive for reasons that are independent of morality. Chapter Three explores the nature of moral rationality and whether scientific empiricism can use the idea of reflective equilibrium to offer a reasonable account of moral rationality. It concludes that, while reflective equilibrium is a useful account of moral rationality, it cannot be effectively reconciled with scientific empiricism. In order to function effectively as a rational process, reflective equilibrium must be rationally constrained by our moral judgements and our moral principles. Chapter Four begins the process of exploring some alternative epistemologies and argues that the only account that remains true to objectivism and the needs of reflective equilibrium is the account of intuitionism proposed by Ross. However this account can be developed further by drawing upon number of Kantian ideas and using them to supplement Ross’s intuitionism. So Chapter Five draws upon a number of Kant's ideas, most notably some key notions from the Critique of Judgement. These ideas are: that we possess a rational will that is subject to the Moral law and determined by practical reason; that we possess a faculty of judgement which enables us to become aware of moral properties and that these two faculties together with the third faculty of thought can function to constitute the moral understanding. Using these ideas the thesis explores whether they can serve to explain how intuitions can be rational and how objectivism can be justified. (shrink)

I argue that the duty of confidentiality is relative, not absolute; and that it is primarily a matter for the professional judgment of the reflective health practitioner to determine in the particular case whether competing public interests (or other compelling reasons) override that duty. I have supported that account with an analysis of medical practice as a recourse role and with an account of law that emphasises not only its duty‐imposing character but also, and crucially, an embedded liberty to (...) depart from the plain requirements of a primary legal rule where in the conscientious judgment of the addressee of that law, there is ‘damn good reason’ to do so. This account of the moral nullification of law at the outer limits appears to be descriptively accurate over a wide range of law and normatively appealing not only to democratic citizens but also to professionals such as doctors and lawyers whose role involves testing the law on moral grounds and who should be ready to do so, if but only if, they believe in the good faith exercise of professional judgment that the outcome mandated by the literal application of the legal rule is inconsistent with the moral mission of their role. The argument is illustrated with cases from American and English courts which, perhaps, render plausible the otherwise paradoxical notion that the law itself admits of departures from the legal rules. (shrink)