Kieran Oberman argues that there is no such thing, in realistic circumstances, as an optional war, i.e. a war that it is permissible for a state to wage, but not obligatory. Regarding a central kind of war – humanitarian intervention – this is due to what Oberman calls the Cost Principle, which says that states may not impose humanitarian costs on their citizens that those citizens do not have independent humanitarian obligations to meet. Essentially, this means that if the seriousness (...) of a humanitarian crisis is sufficient to justify imposing a certain level of cost, it must be serious enough to ground a genuine obligation to intervene. This paper offers three cases where, even if we accept the Cost Principle, war may be reasonably described as optional. These include the state’s moral relationship to amassing support for voluntary contributions to a war that would otherwise exceed the threshold established by Cost Principle (the Voluntary War); a war where it is uncertain whether costs will exceed the threshold (the Forever War); and two wars whose costs would individually fall below the threshold, but which would collectively fall above it. While none of these examples is conclusive, I conclude that Oberman must defend some further, contestable moral claims to establish that the optional humanitarian war is a myth. The Cost Principle alone does not get us there. (shrink)

Interventions designed to promote perspective taking are increasingly prevalent in educational settings, and are also being considered for applications in other domains. Thus far, these perspective-taking interventions (PTIs) have largely escaped philosophical attention, however they are sometimes prima facie morally problematic in at least two respects: they are neither transparent nor easy to resist. Nontransparent or hard-to-resist PTIs call for a moral defense and our primary aim in this paper is to provide such a defense. We offer two (...) arguments for the view that an exemplar PTI is morally permissible even though it is plausibly neither transparent nor easy to resist. The first argument appeals to an analogy between PTIs and permissible deceptive research practices. The second appeals to the way in which PTIs draw participants’ attention to their reasons for action. We also respond to the objection that, by imposing a particular conception of the good, PTIs violate liberal neutrality. (shrink)

A common assumption in the selection of nonhuman animal subjects for research and the approval of research is that, if the risks of a procedure are too great for humans, and if there is a so-called scientific necessity, then it is permissible to use nonhuman animal subjects. I reject the common assumption as neglecting the central ethical issue of the permissibility of using nonhuman animal subjects and as being inconsistent with the principle of justice used in human subjects research ethics. (...) This principle requires that certain classes of individuals not be subjected to a disproportionate share of the burdens or risks of research. I argue for an extension of this principle to nonhuman animal research and show that a prima facie violation of the principle occurs because nonhuman animals bear an overwhelmingly disproportionate share of the risks of research without sufficient justification or reciprocal benefit. (shrink)

Skeptical theism (ST) may undercut the key inference in the evidential argument from evil, but it does so at a cost. If ST is true, then we lose our ability to assess the all things considered (ATC) value of natural events and states of affairs. And if we lose that ability, a whole slew of undesirable consequences follow. So goes a common consequential critique of ST. In a recent article, Anderson has argued that this consequential critique is flawed. Anderson claims (...) that ST only has the consequence that we lack epistemic access to potentially God-justifying reasons for permitting a prima facie “bad” (or “evil”) event. But this is very different from lacking epistemic access to the ATC value of such events. God could have an (unknowable) reason for not intervening to prevent E and yet E could still be (knowably) ATC-bad. Ingenious though it is, this article argues that Anderson’s attempted defence of ST is flawed. This is for two reasons. First, and most importantly, the consequential critique does not rely on the questionable assumption he identifies. Indeed, the argument can be made quite easily by relying purely on Anderson’s distinction between God-justifying reasons for permitting E and the ATC value of E. And second, Anderson’s defence of his position, if correct, would serve to undermine the foundations of ST. (shrink)

Robots that incorporate the function of apologizing have emerged in recent years. This paper examines the moral permissibility of making robots apologize. First, I characterize the nature of apology based on analyses conducted in multiple scholarly domains. Next, I present a prima facie argument that robot apologies are not permissible because they may harm human societies by inducing the misattribution of responsibility. Subsequently, I respond to a possible response to the prima facie objection based on the (...) interpretation that attributing responsibility to a robot is analogous to having an attitude toward fiction. Then, I demonstrate that there are cases of robot apologies where the prima facie objection does not apply, by considering the following two points: (1) apology-related practices found in our human-to-human apologies, and (2) a difference in the degree of harm caused by robot failures and the resulting apologies. Finally, given the current norms governing our apology-related practices, I argue that some instances of making robots apologize are permissible, and I propose conducting critical robotics research questioning the validity of such norms. (shrink)

Failures are sometimes, but not always, causally relevant to events. For instance, the failure of the sprinkler was causally relevant to the house fire. However, the failure of the dam upstream to break (thus inundating the house with water) was not. Similarly, failures to prevent harms are sometimes, but not always, morally wrong. For instance, failing to save a nearby drowning child is morally wrong. Yet, you are also in some sense “allowing” someone on another continent to drown right now, (...) and this seems permissible. Here, I argue that these two issues are connected. Roughly, I argue that it is prima facie morally wrong to fail to prevent a particular harm if and only if one’s omission is causally relevant to that harm’s occurrence. The result is that, contrary to what Peter Singer claims, failing to donate to famine relief is not morally equivalent to failing to rescue a drowning child in a shallow pond. (shrink)

I answer two questions: (1) what are people doing when they exchange conventional wedding vows? and (2) under what circumstances are these things morally and rationally permissible to do? I propose that wedding pledges are public proclamations that are simultaneously both private vows and interpersonal promises, and that they are often subject to uncertainty. I argue that the permissibility of uncertain wedding promises depends on whether the uncertainty stems from doubts about one’s own internal weakness of will and susceptibility to (...) temptation or from the expectation that external circumstances might change. I then explain why uncertainty is a prima facie challenge for unconditional wedding vows, and I offer a solution: rational wedding vows are unconditional in their content but implicitly conditional in their structure; the spouse pledges to act in certain ways unconditionally, so long as they remain in the spousal role. I respond to objections to my view (including Elizabeth Brake’s claim that the permissibility of unilateral divorce undermines an understanding of wedding vows as promises), and conclude with some suggestions about what marrying couples should do to ensure permissible pledges. (shrink)

This essay defends the moral permissibility, as a form of punishment, of banishment, namely the exclusion by a state of a citizen from its territory. I begin by outlining the prima facie case for banishment, consider for whom it may be appropriate, and acknowledge constraints on its permissibility. I then defend banishment against the main objections in the literature to banishment or the related measure of denationalization (stripping citizens of their citizenship): impermissible permanency; excessive severity; ineffectiveness; unfairness to (...) those who are punished and the creation of two classes of citizens; unfairness among states; and that banishment without denationalization is incompatible with the nature of citizenship. I adopt a ‘cantilever strategy’: if incarceration is permissible notwithstanding a certain objection, so is banishment. In concluding, I sympathetically discuss the view that, despite the moral permissibility of banishment, the power to banish should not be instituted because of the risk of abuse. (shrink)

Although the fictional domain exhibits a prima facie freedom from real-world moral constraints, certain fictive imaginings seem to deserve moral criticism. Capturing both intuitions, this paper argues for double-standard moralism, the view that fictive imaginings are subject to different moral standards than their real-world counterparts. I show how no account has, thus far, offered compelling reasons to warrant the moral appropriateness of this discrepancy. I maintain that the normative discontinuity between fiction and the actual world is moderate, as (...) opposed to one that leaves fictive engagements wholly exempt from moral evaluations. I propose a way of addressing the gamer’s dilemma that is compatible with a moderate kind of discontinuity. Finally, I contend that the audience is justified in adopting deviant moral attitudes in fictional situations because their consequences largely differ from those that analogous real-world events would have. (shrink)

Alon Harel defines extreme cases as those in which the only way to avert a destructive threat is to harm innocent people. He rejects traditional consequentialist and non-consequentialist approaches because of the type of reasoning they both employ. I interpret Harel as making two central objections to this form of reasoning. First, traditional approaches require comparisons to be made about the value of human life. Second, decisions in extreme cases, even if permissible, should not be made under the guidance of (...) rules. I argue that these objections, though prima facie plausible, are on reflection relatively weak, and I offer instead a more moderate argument that vindicates Harel’s general thesis that deliberation is morally relevant. More specifically, I argue that whether one acts on certain conditions affects both the moral permissibility of one’s actions and the duties owed by others. (shrink)

There are many uses in English of the word “ought” (see Ought). This essay concerns the normative uses and the concepts or properties denoted thereby. In particular, it concerns two nonfinal oughts commonly used in the philosophical literature: prima facie oughts and pro tanto oughts.

Perception is said to have assertoric force: It inclines the perceiver to believe its content. In contrast, perceptual imagination is commonly taken to be non-assertoric: Imagining winning a piano contest does not incline the imaginer to believe they actually won. However, abundant evidence from clinical and experimental psychology shows that imagination influences attitudes and behavior in ways similar to perceptual experiences. To account for these phenomena, I propose that perceptual imaginings have implicit assertoric force and put forth a theory—the (...) class='Hi'>Prima Facie View—as a unified explanation for the empirical findings reviewed. According to this view, mental images are treated as percepts in operations involving associative memory. Finally, I address alternative explanations that could account for the reviewed empirical evidence—such as a Spinozian model of belief formation or Gendler’s notion of alief—as well as potential objections to the Prima Facie View. (shrink)

This paper presents a nonmonotonic deontic logic based on commonsense entailment. It establishes criteria a successful account of obligation should satisfy, and develops a theory that satisfies them. The theory includes two conditional notions of prima facie obligation. One is constitutive; the other is epistemic, and follows nonmonotonically from the constitutive notion. The paper defines unconditional notions of prima facie obligation in terms of the conditional notions.

Until recently, it was widely assumed in societies with long-established, publicly funded school systems that school attendance served the interests of children, society, and parents alike. In the United States and other common-law jurisdictions, safeguarding and promoting the independent welfare and developmental interests of every child was a public responsibility under the parens patriae doctrine. Compulsory schooling laws enacted under parens patriae authority required all persons having care and control of a child to share their custodial authority with publicly certified (...) teachers for limited periods of time. By compelling all parents to send their children to school, the state ensured that all children had access to instruction and opportunities for social, economic, and civic participation beyond what their parents alone could provide. Parents were incidentally freer to manage the competing demands of domestic life and paid employment, and the enforcement of child labor laws was greatly facilitated by efforts to ensure school attendance. While compulsory schooling laws imposed obvious limits on the custodial authority of all parents for the sake of all children, they were rarely challenged on that basis. Not so today. (shrink)

Sir David Ross introduced prima facie duties, or acts with a tendency to be duties proper. He also spoke of general prima facie principles, wwhich attribute to acts having some feature the tendency to be a duty proper. Like Utilitarians from Mill to Hare, he saw a role for such principles in the epistemology of duty: in the process by means of which, in any given situation, a moral code can help us to find out what (...) we ought to do.After formalizing general prima facie principles as universally quantified conditionals I will show how seeming duties can be detached from them. There will be examples involving lies, burnt offerings and the question of whether to have a napkin on your lap while eating asparagus. They will illustrate the defeasibility of this detachment, how it can lead into dilemmas, and how general prima facie principles are overridden by more specific ones. (shrink)

Analyses are given of the concepts of absolute and prima facie obligation. The former is a maximizing analysis: roughly, one ought absolutely to perform those actions which are performed in the best worlds accessible to one. The latter analysis is roughly this: one ought prima facie to perform those actions which are such that those accessible worlds in which they are performed are better than the closest accessible worlds in which they are not performed. Accounts of (...) conditional obligation, both absolute and prima facie, are also given, and the issue of the detachment of unconditional from conditional obligation is addressed. (shrink)

Even when a person appears to have consented to another’s interference with her interests, we sometimes treat this apparent consent as ineffective. This may either be because the law does not permit consent to validate the actions concerned, or because the consent is undermined by the presence of additional factors which render it insufficiently autonomous to be effective. In this paper I propose that the project of categorising and systematically analysing the latter set of cases, would be furthered by recognising (...) (1) that prima facie consent is undermined when the prima facie consenter’s autonomy to choose whether or not to consent has been unfairly constrained, and (2) that theoretical and doctrinal clarity can be promoted by analysing the factors that unfairly constrain autonomy in the criminal law using a framework developed in contract law to determine analogous questions arising in relation to assent to a contract. (shrink)

The pressing problem of prima facie validity must be treated on the basis of a differentiation of types of normative rules. Rules stating principles or purposes are always applied as views determining the decision by weighing (but not by subsumption) so that the problem of prima facie validity does not arise. Neither is there a problem of such a restricted form of validity concerning power‐conferring rules. The author shows that prima facie validity of rules (...) of behaviour must not be treated as a different kind of validity and that the notion of prima facie validity can be explained in a logically satisfactory way on the basis of traditional norm‐logical considerations. (shrink)

It is argued that a little-Discussed notion of prima facie good (and a related notion of a "basic value experience") can throw light on some of the most vexing problems of value theory, About the meaning of 'good', The naturalistic fallacy, The objectivity of value, The fact-Value distinction and intrinsic value. The notion of prima facie good is formally analogous to w d ross's notion of prima facie duty, But is more general (applying to (...) value generally) and (it is argued) is more useful and less problematic. Views of spinoza, Ross, Moore, Perry and recent value theorists are discussed. (shrink)

In "moral philosophy" richard garner and bernard rosen give a counter-Example against w d ross. We have no prima facie duty to tell a neighbor our love life, Although he might gain knowledge and pleasure. I argue that for ross we could have such a prima facie, Though not an actual, Duty. The lover-Acquaintance relation makes unlikely such an action becoming an actual duty. Also we can conceive of cases in which it might be an actual (...) duty; viz. A case in which the divulger is a psychologist who needs to gain the neighbor's confidence in a group therapy situation. (shrink)

Este artículo examina algunos de los problemas que presenta el tratamiento lógico de las obligaciones prima facie en la obra de Carlos Alchourrón. Por una parte, señalaremos que su sistema para los condicionales derrotables DFT no formaliza adecuadamente la noción intuitiva de condición contribuyente que Alchourrón utiliza para elucidar la de condicional derrotable. Por otra parte, argumentaremos que la noción de deber prima facie de David Ross no queda adecuadamente formalizada en el sistema AD de lógica (...) deóntica que Alchourrón construye como una extensión de DFT. This paper deals with some problems concerning the logical treatment of prima facie obligations in the work of Carlos Alchourrón. On the one hand, we will argue that his DFT system for defeasible conditionals does not adequately formalize the intuitive notion of contributory condition used by Alchourrón to elucidate the notion of defeasible conditional. On the other hand, we will argue that David Ross' notion of prima facie duty is not adequately formalized in Alchourrón' s deontic system AD, an extension of his DFT logic. (shrink)

The paper argues that the idea of prima facie rights implies insurmountable difficulties in connection with the function such rights are said to have in a scheme of justice. G vlastos's version of prima facie rights theories is scrutinized as typical and more advanced than others. The paper shows that natural rights are contextually absolute; they cannot (morally) be overruled in a context of normal political circumstances but may have to be disregarded whenever politics is impossible. (...) Vlastos's insight is preserved without sacrificing the integrity of a scheme of justice based on natural rights. (shrink)

In this note it is argued that professor jaakko hintikka's explication of the notion of a 'prima facie obligation' within the framework of deontic logic must be regarded as unsatisfactory. since our world is not morally (or 'deontically') perfect, hintikka's proposal seems to have the absurd consequence that everything is a prima facie obligation.

En este trabajo el autor defiende la necesidad de completar la distinción entre permisos fuertes y débiles con otras dos distinciones: una de ellas relativa también al sistema jurídico –la distinción entre permisos protegidos y permisos no protegidos– y la otra relativa al proceso de aplicación del derecho: la distinción entre permisos prima facie y permisos concluyentes. El trabajo concluye con un cuadro en el que, sobre la base de estas tres distinciones, se recogen ocho combinaciones posibles a (...) distinguir en materia de permisos. (shrink)

Some conservation biologists invoke the concept of ‘genetic integrity,’ which they generally assume is a good worth preserving without explicit justification. We examine the question of whether or not there is a prima facie duty to preserve genetic integrity in conservation biology. We examine several possible justifications for the potential duty found in the conservation biology literature. We argue, contra a dominant trend of thought in conservation biology, that there is no prima facie duty to preserve (...) genetic integrity and that any moral obligation to preserve genetic integrity in specific cases is merely derivative of other possible duties. (shrink)

In The Right and the Good, W. D. Ross commits himself to the view that, in addition to being distinct and defeasible, some prima facie duties are more binding than others. David McNaughton has argued that there appears to be no way of making sense of this claim that is both coherent and consistent with Ross's overall picture. I offer an alternative way of understanding Ross's remarks about the comparative stringency of prima facie duties, which, in (...) addition to being compatible with his view as presented in the text, provides us with a coherent, and indeed plausible, account of what it means for some duties to be more binding than others. (shrink)

Hobbes advocates 'thin absolutism'; a system of authority that merely ensures respect of the core concepts of sovereignty – hierarchy and normative closure. This new interpretation of Hobbes's absolutism shows that the concerns regarding sovereign tyranny are not fatal to his account of political authority. With thin absolutism, the sovereign is neither necessarily ineffective nor inherently dangerous. This, then, leaves Hobbesian absolutism in the position of being a 'reasonable contender'– a system of political authority that might require our allegiance, but (...) at the very least requires serious attention. (shrink)

W. K. Clifford famously argued that it is “wrong always, everywhere and for anyone, to believe anything upon insufficient evidence.” Though the spirit of this claim resonates with me, the letter does not. To wit, I am inclined to think that it is not morally wrong for, say, an elderly woman on her death bed to believe privately that she is going to heaven even if she does so on insufficient evidence—indeed, and lest there be any confusion, even if the (...) woman herself deems the evidence for her so believing to be insufficient. After all, her believing so does not appear to endanger, harm, or violate the rights of anyone, nor does it make the world a worse place in a significant, if any, way. That Clifford might have put too fine a point on the matter, however, does not entail that there are no conditions under which it is wrong to believe something upon insufficient evidence. In this paper, I argue that, in cases where believing a proposition (read: believing a proposition to be true) will affect others, it is prima facie wrong to have propositional faith—for present purposes, to believe the proposition despite deeming the evidence for one’s believing to be insufficient—before one has attempted to believe the proposition by proportioning one’s belief to the evidence. (shrink)

A properly programmed artificially intelligent agent may eventually have one duty, the duty to satisfice expected welfare. We explain this claim and defend it against objections.