This Article examines the concept of sovereign trusteeship in the context of the history of empire. Many accounts of sovereign trusteeship and the responsibility to protect explain the development of those concepts in terms of seventeenth century natural law theories, which argued that the origins of the social contract were in subjects seeking self-preservation. The state, accordingly, was based upon its duty to protect its subjects, while also having a secondary responsibility for subjects beyond its borders arising from (...) human interdependence. I shall show that the concepts underlying sovereign trusteeship - human fellowship, self-preservation and the protection of others’ interests - were as entangled with the expansion of early modern states as they were with the justification of those states themselves. The legacy of that history is that arguments employed to justify sovereign trusteeship and the responsibility to protect remain highly ambiguous and subject to rhetorical manipulation. On the one hand, they can be represented as underpinning a new liberal international order in which states and international organizations are accountable to the human community, not only to their own subjects. On the other, these same terms can be deployed to justify expansionism in the name of humanitarianism, as they have done for hundreds of years. Only by paying careful attention to the contexts in which these claims are made can we discriminate the intentions behind the rhetoric. (shrink)

We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the trusteeship (...) model. Whereas the interaction between states and foreign nationals is the locus of cosmopolitan law, the relationship between states and indigenous peoples is distinctive. In the ordinary cosmopolitan case, foreign nationals do not purport to possess legal authority. Indigenous peoples often do make such a claim, pitting their claim to authority against the state’s. We discuss how international law has attempted to come to grips with indigenous sovereignty by requiring states to include indigenous peoples in decision-making processes that affect their historical lands and rights. A crucial fault line in the jurisprudence, however, separates a duty to consult indigenous peoples from a duty to acquire their free, prior and informed consent. The latter but not the former recognizes that indigenous peoples possess a veto over state projects on their lands, in effect recognizing in them a limited co-legislative power. We focus on recent jurisprudence from the Inter-American Court of Human Rights, and consider whether either the duty to consult or FPIC are enough to dispel the shadow of the trusteeship model’s colonial past. We suggest that they are a move in the right direction, and that implicitly they represent international law’s recognition that states are no longer the sole bearers of sovereignty at international law. In limited circumstances, international law recognizes indigenous peoples as sovereign actors. (shrink)

Museum codes of ethics stress the importance of preservation, knowledge and access, but they remain silent on the justificatory framework of the duty of care museums have to the objects in their collections and on museums' obligations towards their public. In this essay I propose a triangular framework for understanding the duty of care museums have, according to which it is shaped by the need to negotiate an object's transit from past to future in such a way as to secure (...) that object's future significance. The account provided of transit to the future is underwritten by a model of trust as entrusting. Hence, museums' duty to care for the objects in their collections is found to be grounded on the demands of the trust relationship, complemented by the respect that is necessary for effective negotiation of the transit from past to future. (shrink)

The desirability of creating norms within the framework of law has been a challenging process in a free market economy. The principles of antitrust law enunciated by courts in abuse of dominant cases has led to ‘refusal to deal’ as a contested doctrine. When dominance is treated as legitimate aspiration and free market choices are the medium to achieve the aspirations of free market enterprises, any duty or obligation cast on the firm is considered antithetical to the spirit of free (...) market unless it eclipses the anticompetitive effect. Where an economic analysis of antitrust law has non-economic impacts with ethical and moral issues, it calls for an alternative economic thought which also considers plural values of society. This also reflects a conflict arising out of lack of norms and respect for property rights. This paper attempts to analyze the cases and framework which is currently employed by the courts and the challenges it puts forth in creating a norm that is universal. The author by drawing on the principles of Gandhian economic thought and its essential features of trusteeship, non-possession and non-violence creates space for resolution of conflicts promoting ethical and moral considerations. Resolution of conflict through ethical and moral norms also assimilates the varied goals of antitrust regulation, including non-economic goals when the goals of antitrust require a broader consideration that accommodates the wider spectrum of market participants. (shrink)

In trust relationships, one person has a ‘beneficial interest’ in another’s performance. The former not only would but should benefit from the latter’s action, and the latter has a ‘fiduciary duty’ toward the former to so act. But where that act would otherwise be wrong, the first person’s beneficial interest would be providing a pro tanto reason for the second person to do something that is pro tanto wrong. That reason can – and should – be removed by the former (...) renouncing their beneficial interest in the latter’s pro tanto wrongful action. Doing so would cancel the fiduciary’s excuse for wrongdoing on the beneficiary’s behalf. (shrink)

This paper argues that the moral legitimating reasoning of terra nullius assumed an under-recognised, different guise in the later years of colonial justification in the form of trusteeship. The idea of terra nullius has a central place in the political thought of thinkers such as Grotius and Locke. Although terra nullius, consolidated in European colonial thought in the early modern period, differed conceptually from the doctrine of trusteeship as the colonial legitimation for Africa, both instituted a moral justification (...) for the appropriation of native land, and of empire itself. The contention is that the trajectory from the one doctrine to the other was aligned with the change in the underlying moral framework of the rights and duties of Europeans and non-Europeans. In the early days of colonisation, there was a certain permissiveness on the part of the colonisers to appropriate the land of American Indians. By the late nineteenth century this seemed to change into a moral requirement for civilising the native Africans. Edmund Burke's conceptualisation of trusteeship illustrates the way in which traditionally conceived natural rights were transformed into fundamental social rights, and central to this idea was the expansion of European ?civilised? moral communities on which rights now depended. (shrink)

Is parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of (...) trust, this essay seeks to clarify and explore the trust model’s role, if any, in understanding children’s rights. Such exploration raises the possibility that another element of common law, the duty to rescue, may serve to enhance the trust model of children’s rights. (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)

A defence of the idea that there are sui generis duties of love: duties, that is, that we owe to people in virtue of standing in loving relationships with them. I contrast this non‐reductionist position with the widespread reductionist view that our duties to those we love all derive from more generic moral principles. The paper mounts a cumulative argument in favour of the non‐reductionist position, adducing a variety of considerations that together speak strongly in favour of (...) adopting it. The concluding section connects this debate with larger issues in moral theory concerning the general idea of obligation. (shrink)

This volume continues the examination of issues of life and death which F.M. Kamm began in 'Morality, Mortality, ' Volume I (1993). Kamm continues her development of a non-consequentialist ethical theory and its application to practical ethical problems.

This article reviews recent arguments in contemporary political philosophy on victims' duties to resist their oppression. It begins by presenting two approaches to these duties. First, that victims' duties are self‐regarding duties that victims owe to their self‐respect or to their well‐being, and second, that victims' duties are other‐regarding duties that arise from victims' duties of justice or of assistance. The second part elaborates on what resistance consists in. The article then considers and (...) responds to two prominent objections to arguments for victims' duties: that they are too demanding, and that they are unfair and exploitative. It concludes by gesturing towards future areas of engagement, in particular, theorising the agents and mechanisms of oppression, and more explicitly engaging with methodological debates about non‐ideal theory. (shrink)

Contemporary philosophers generally ignore the topic of duties to the self. I contend that they are mistaken to do so. The question of whether there are such duties, I argue, is of genuine significance when constructing theories of practical reasoning and moral psychology. In this essay, I show that much of the potential importance of duties to the self stems from what has been called the “second-personal” character of moral duties—the fact that the performance of a (...) duty is “owed to” someone. But this is problematic, as there is reason to doubt whether a person can genuinely owe to herself the performance of an action. Responding to this worry, I show that temporal divisions within an agent's life enable her to relate to herself second-personally, in the way required by morality. The upshots, I argue, are that we need an intra-personal theory of justice that specifies the extent of a person's authority over herself, and that we need to rethink our theories of moral emotions in order to specify how an individual ought to respond to attacks on her interests and autonomy that she herself perpetrates. (shrink)

According to cognitive non-naturalism, normative judgments are standard beliefs that purport to be about non-natural properties. An influential plurality of normative theorists, including non-naturalist realists, error theorists and skeptics, share this view. But it is mistaken. For it predicts an epistemic profile for normative judgments that they do not have. In particular, they are not disposed to extinguish in light of accepted evidence that the any non-natural properties are absent, and they are not disposed to come into existence in light (...) of accepted evidence for any non-natural property. So normative judgments might be beliefs, and there might be non-natural properties, but normative judgments are not beliefs about non-natural properties. (shrink)

For many women experiencing motherhood for the first time, the message they receive is clear: mothers who do not breastfeed ought to have good reasons not to; bottle feeding by choice is a failure of maternal duty. We argue that this pressure to breastfeed arises in part from two misconceptions about maternal duty: confusion about the scope of the duty to benefit and conflation between moral reasons and duties. While mothers have a general duty to benefit, we argue that (...) this does not imply a duty to carry out any particular beneficent act. Therefore, the expectation that mothers should breastfeed unless they have sufficient countervailing reasons not to is morally unwarranted. Recognising the difference between reasons and duties can allow us to discuss the benefits of breastfeeding and the importance of supporting mothers who wish to breastfeed without subjecting mothers who bottle feed to guilt, blame and failure. (shrink)

Informal political representation can be a political lifeline, particularly for oppressed and marginalized groups. Such representation can give these groups some say, however mediate, partial, and imperfect, in how things go for them. Coeval with the political goods such representation offers these groups are its particular dangers to them. Mindful of these dangers, skeptics challenge the practice for being, inter alia, unaccountable, unauthorized, inegalitarian, and oppressive. These challenges provide strong pro tanto reasons to think the practice morally impermissible. This paper (...) considers the question: On what conditions is the informal political representation of oppressed and marginalized groups permissible? By responding to skeptics’ challenges, I develop a systematic account of moral constraints that, if adopted, would make such representation permissible. The account that emerges shows that informal political representatives (IPRs) must aim to fulfill two sets of sometimes conflicting duties to the represented: democracy within duties, which concern how the representative treats and relates to the represented, and justice without duties, which concern how the representative’s actions advance the aims of the representation. (shrink)

Even though co‐parenthood is one of the most significant close personal relationships that people can have, there is relatively little philosophical work on the moral duties that co‐parents owe each other. This may be due to the increasingly questionable assumption, still common in our societies, that co‐parenthood arises naturally from marriage or romantic coupledom and thus that commitment to a co‐parent evolves from a commitment to a marital or romantic partner. In this article, we argue that co‐parenthood should be (...) seen as a relationship in its own right, which generates specific moral duties. Co‐parents should come to explicit agreements with each other regarding the most important areas of potential conflict between them. Such agreements may have to be renegotiated over time. We explore some possible non‐negotiable co‐parental duties such as the duties not to alienate the child from the other parent(s) and not to trap a co‐parent in a particularly vulnerable situation. We consider some legal and societal implications of our argument and, finally, suggest some pragmatic benefits of our proposal. (shrink)

The literature on cosmopolitan justice has yet to address what principles to adopt when duties of global justice and duties of social justice are in conflict. In this paper, I address David Miller’s contention that some may fall into the justice gap since we need to prioritize duties of social justice in cases of conflict. I argue that Miller’s analysis depends on three stipulations: the incommensurability of the values underlying duties of social justice and those of (...) global justice; the need to justify duties of justice to their holders; and the need to consider the necessary institutions to realize and implement justice obligations. I argue against the incommensurability clause by showing that both conceptions of justice pursue moral equality as the underlying and commensurate value. Instead, I propose that the currencies of justice we employ in the two contexts of justice are different. Discussing the justifiability clause I agree with the stipulation that we have to justify decisions that affect the realization of justice to those who have to carry the burden of realizing them. This implies, however, that we may have to accept that some prioritize duties of global justice over duties of social justice. If this is the case, it seems as though the state has little recourse to prioritize duties of social justice. Finally, discussing Miller’s institutional clause I ask why the justice relevant institutions can only be those of the state. It is plausible to say that in our current world, institutions of humanitarian aid are effective means to satisfy duties of global justice. (shrink)

People in a prevention focus tend to view their goals as duties and obligations, whereas people in a promotion focus tend to view their goals as hopes and aspirations. The current research suggests that people’s attention goes to somewhat different experiences when they describe their hopes versus duties. Two studies randomly assigned participants (N = 953) to describe a hope versus duty. Specifically, Study 1 asked participants to describe a personal experience of pursuing a hope versus duty, and (...) Study 2 asked participants to describe a current hope versus duty they had. I analyzed these descriptions with Linguistic Inquiry and Word Count 2015. Consistent with earlier research on regulatory focus, participants wrote more about positive outcomes when describing hopes and social relationships when describing duties. The current research suggests that the effectiveness of common regulatory focus and regulatory fit manipulations could depend on participants’ freedom to choose the experiences they bring to mind when they describe their hopes and duties. (shrink)

In order for states to fulfil their moral duties, costs must be passed to individual citizens. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.

The influential account of contractualist moral theory offered recently by T. M. Scanlon in What We Owe to Each Other is not intended to account for all the various moral commitments that people have; it covers only a narrow—though important—range of properly moral concerns and claims. Scanlon focuses on what he calls the morality of right and wrong or, as he puts it in his title, what we owe to each other. The question arises as to whether nonhuman animals can (...) be wronged in the narrow sense of a moral wrong with which contractualism is concerned. Can we owe things to nonhuman animals? Scanlon is sensitive to the importance of this question, but he ultimately favors an account in which the perspectives of nonhuman animals are not explicitly included in contractualist theorizing. Nevertheless, it appears that contractualism, largely as Scanlon conceives it, can accommodate duties to nonhuman animals. Moreover, if contractualism cannot make this accommodation, then its status as a theory that answers to important common-sense moral intuitions becomes questionable in ways that extend beyond its failure to live up to intuitions many share about the status of nonhuman animals. (shrink)

In this article, I respond to Augustin Fragnière's recent attempt to understand the demandingness of individual climate duties by appealing to the difference between “concentrated” harm and “spread” harm and the importance of “moral thresholds”. I suggest his arguments don't succeed in securing the conclusion he is after, even from within his own commitments, which themselves are problematic. As this is primarily a critical project, the upshot of this discussion is that if there is a defensible way to justify (...) the intuition that the duty to reduce emissions can't be overly demanding, it has to be found elsewhere. (shrink)

Friendship was an important topic for classical philosophers; the analysis, Value, And duties of friendship all received considerable attention. But friendship has been a relatively dormant topic among more recent philosophers. This paper (a) presents an analysis of friendship and explains its core elements, (b) discusses several different models for explaining the value of friendship, And (c) argues that there are special duties of friendship and that these aren't based solely on utilitarian considerations.

College and university academic deans must comply with two sets of professional regulations. As faculty members, they must adhere to their institution's internally generated code of ethics. As administrators and agents of their institution, they must meet the fiduciary duties of diligence and loyalty. Both sets of regulations are similar in the obligations they impose on a dean, the degree of care they demand of a dean in the execution of those obligations, the nature of a breach of those (...) obligations by a dean, the procedures by which the breach of an obligation is addressed, and the remedies available to the institution against a dean following a breach. Colleges and universities should develop and publish both an ethics code and a fiduciary code. Both sets of regulations, however, should avoid common shortcomings. Ethics codes should not be too specific or too general, overly simplistic or highly complex, or outstripped by the rapidly changing world of academia. A codification of fiduciary duties should avoid the problems of poor definition or ambiguity. Developing an institutional code of professional responsibility that incorporates both ethical and fiduciary responsibilities would provide an academic dean with a more comprehensive benchmark for professional expectations and responsibilities. The interplay between the two sets of complementary regulations would further clarify the professional expectation of an academic dean and may also ameliorate some of the shortcomings inherent in an ethics code. (shrink)

It is widely thought that firms that employ workers in “sweatshop” conditions wrongfully exploit those workers. This claim has been challenged by those who argue that because companies are not obligated to hire their workers in the first place, employing them cannot be wrong so long as they voluntarily accept their jobs and genuinely benefit from them. In this article, I argue that we can maintain that at least many sweatshop employees are wrongfully exploited, while accepting the plausible claim at (...) the core of many defenses of sweatshops, namely that engaging in a voluntary and mutually beneficial transaction with a person in need cannot constitute morally worse treatment of that person than doing nothing at all to benefit her. We can do this, I claim, by accepting that wealthy multinational corporations have positive duties to employ or otherwise benefit the global poor. I argue that these duties can be plausibly grounded in the fact that potential sweatshop workers are victims of global structural injustice, from which multinational corporations typically benefit. (shrink)

In his applied moral philosophy, Kant formulates the parents’ duty to make their child happy. I argue that, for Kant, this duty is an ad hoc attempt at compensating for the parental guilt of having brought a person into the condition of existence – and hence also having created her need for happiness – on their own initiative. I argue that Kant’s considerations regarding parental duties and human reproduction in general imply arguments for an ethically justified anti-natalism, but that (...) this position is abolished in his teleology for meta-ethical reasons. (shrink)

Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties (...) of justice, whereas positive duties (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (shrink)

Discussion of the behaviour of pregnant women and mothers, in academic literature, medical advice given to mothers, mainstream media and social media, assumes that a mother who fails to do something to benefit her child is liable for moral criticism unless she can provide sufficient countervailing considerations to justify her decision. I reconstruct the normally implicit reasoning that leads to this assumption and show that it is mistaken. First, I show that the discussion assumes that if any action might benefit (...) her child, the mother has a defeasible duty to perform that action. I suggest that this assumption is implicitly supported by two arguments but that each argument is unsound. The first argument conflates moral reasons and defeasible duties; the second misunderstands the scope of a defeasible duty to benefit. This argument has important practical and theoretical implications: practically, it provides a response to a highly damaging discourse on maternal behaviour; theoretically, it provides the framework for a clearer understanding of the scope and nature of defeasible duties to benefit. (shrink)

Problems in normative ethics paradigmatically concern what it is obligatory or permissible for an individual to do. Yet sometimes, each of us ought to do something individually in virtue of what we ought to do together. Unfortunately, traversing these two different levels at which a moral obligation can arise – individual and collective – is fraught with difficulties that easily lure us into conclusions muddying our understanding of collective obligations. This paper seeks to clearly lay out a systematic problem central (...) to the relation between collective and individual duties in view of alleviating some such confusion and facilitating more concerted attempts at resolving it: Collective duties require individuals to act in order for the collective duty to be fulfilled. Yet typically, a collective duty does not entail any one set of individual duties that would prescribe such contributory actions: The work we need to do in order to fulfil a duty can be allocated differently to the individuals collectively bearing it. Much like in matters of distributive justice, then, deriving individual duties from a collective one requires us to employ a distributive scheme, which raises separate normative concerns that have rarely taken centre stage in the debate so far. (shrink)

In ethics, it is commonly supposed that we have both positive duties and negative duties, things we ought to do and things we ought not to do. Given the many parallels between ethics and epistemology, we might suppose that the same is true in epistemology, and that we have both positive epistemic duties and negative epistemic duties. I argue that this is false; that is, that we have negative epistemic duties, but no positive ones. There (...) are things that we ought not to believe, but there is nothing that we ought to believe, on purely epistemic grounds. I also consider why the parallels between ethics and epistemology break down at this particular point, suggesting that it is due to what I call the infinite justificational ‘fecundity’ of perceptual and propositional evidence. (shrink)

Kant both says that we should recognize our duties as God’s commands, and objects to the theological version of heteronomy, ‘which derives morality from a divine and supremely perfect will’. In this paper I discuss how these two views fit together, and in the process I develop a notion of autonomous submission to divine moral authority. I oppose the ‘constitutive’ view of autonomy proposed by J. B. Schneewind and Christine Korsgaard. I locate Kant’s objection to theological heteronomy against the (...) background of Crusius’s divine command theory, and I compare Kant’s views about divine authority and human political authority. (shrink)