In a much cited phrase in the famous English ‘Child B’ case, Mr Justice Laws intimated that in life and death cases of scarce resources it is not sufficient for health care decision-makers to ‘toll the bell of tight resources’: they must also explain the system of priorities they are using. Although overturned in the Court of Appeal, the important question remains of the extent to which health-care decision-makers have a duty to give reasons for their decisions. (...) In this paper, I examine the philosophical foundations of the legal obligation to give reasons in English law. Why are judges sometimes supportive of the imposition of a duty to give reasons and sometimes not? What is it about the context of life and death health care allocation problems that makes it unsuitable in their view for such a duty; and is this stance justified? What is it to give a reason for a decision? I examine Frederick Schauer’s account of reason-giving in terms of generalisation and commitment and I suggest that it provides an overstated account of what giving a reason commits one to. I go on to examine an idea of judicial creation: that where value judgements are “inexpressible” there is a strong reason not to impose a duty to give reasons on to public bodies. The strongest case for a duty to give reasons is in terms of the value of respect for citizens. I argue that there is nothing in the very nature of reason-giving that ought to preclude the imposition of such a duty in this context, but concede that there is a serious danger of legalism that could result in a hamstringing of health care decision-making. It is up to judges and lawyers to seek to avoid this danger. (shrink)

What justifies practices of “standing”? Numerous everyday practices exhibit the normativity of standing: forbidding certain interventions and permitting ignoring them. The normativity of standing is grounded in facts about the person intervening and not on the validity of her intervention. When valid, directives are reasons to do as directed. When interventions take the form of directives, standing practices may permit excluding those directives from one’s practical deliberations, regardless of their validity or normative weight. Standing practices are, therefore, puzzling – (...) forbidding giving reasons and, if given, permitting disregarding such reasons. What justifies standing practices are the values that they protect, including privacy, autonomy, independence, valuable relationships, and equal respect. These values count in favor of standing’s duty against certain interventions and, when these duties of non-intervention are breached, the values underpinning those duties count in favor of standing’s permission to discount or exclude those interventions from one’s practical deliberations – the normative weight of those interventions notwithstanding. (shrink)

This essay discusses the issue of informed consent as it relates not only to physician duty but also to patient duty. The author is particularly concerned with the possibility of battery charges against the physician unless a clear patient duty is articulated. In summary, the author concludes that we can prevent doctors from being forced to commit battery in a way which allows them to make reasonable choices for their patients without being open to the charge of (...) having committed battery. At the same time, we would not allow doctors to abuse this privelege. (shrink)

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the (...) greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

Although there is consensus on the fact that ionizing radiation used in radiological examinations can affect health, the stochastic nature of risk makes it difficult to anticipate and assess specific health implications for patients. The issue of radiation protection is peculiar as any dosage received in life is cumulative, the sensitivity to radiation is highly variable from one person to another, and between 20 % and 50 % of radiological examinations appear not to be necessary. In this context, one might (...) reasonably assume that information and patient consent would play an important role in regulating radiological practice. However, there is to date no clear consensus regarding the nature and content of—or even need for—consent by patients exposed to ionizing radiation. While law and ethics support the same principles for respecting the dignity of the person, in the context of radiology practice, they do not provide a consistent message to guide clinical decision-making. This article analyzes the issue of healthcare professionals’ duty to inform and obtain patient consent for radiological examinations. Considering that both law and ethics have as one of their aims to protect vulnerable populations, it is important that they begin to give greater attention to issues raised by the use of ionizing radiation in medicine. While the situation in Canada serves as a backdrop for a reflective analysis of the problem, the conclusions are pertinent for professional practice in other jurisdictions because the principles underlying health law and jurisprudence are fairly general. (shrink)

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the (...) greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

Kant claimed that we have a duty to seek peace, and encouraged a hope for peace to support that duty. To encourage that hope he argued that peace was reasonably likely. He thought that peace was reasonably likely because he believed that historical trends would create opportunities to implement his plan for peace. But authorities claim that globalization is undermining such opportunities. Consequently Kant's arguments can no longer sustain our hope for peace. We can sustain that hope by (...) devising a new plan for peace that globalization will give us opportunities to implement. But in order to devise such a plan we need to sustain our hope for peace. We can sustain such a hope by reflecting on the value of peace because hope is sustained not only by the belief that the object of hope is likely, but also by the conviction that it is valuable. In this way we can perhaps sustain a hope for peace that will support our duty to seek peace. But the fear of war and compassion for the victims of war may also support the duty to seek peace. Kant ignored these opportunities to support the duty to seek peace because they could support only the duty to avoid war. But Kant never showed that the duty to seek peace—as he saw it—outweighed the duty to avoid war. I conclude that Kant's arguments lead us to endless war rather than to peace. (shrink)

The COVID-19 pandemic exposed social shortcomings and ethical failures, but it also revealed strengths and successes. In this perspective article, we examine and discuss one strength: the duty to care. We understand this duty in a broad sense, as more than a duty to treat individual patients who could infect health care workers. We understand it as a prima facie duty to work to provide care and promote health in the face of risks, obstacles, and inconveniences. (...) Although at least one survey suggested that health care workers would not respond to a SARS-like outbreak according to a duty to care, we give reasons to show that the response was better than expected. The reasons we discuss lead us to consider normative accounts of the duty to care based on the adoption of social roles. Then, we consider one view of the relationship between empirical claims and normative claims about the duty to care in the COVID-19 pandemic. Here, we draw insight from Mengzi, with an emendation from Dewey. Our perspective leaves many question to research, but one point seems clear: there will be future pandemics and the need for health care workers who respond. (shrink)

Research question The secondary use of clinical data for research and learning activities has the potential to significantly improve medical knowledge and clinical care. To realize this potential, an ethical and legal basis for data use is needed, preferably in the form of patient consent. This raises the question: Do patients have a moral duty to provide their clinical data for research and learning activities? Methods On the basis of an ethical approach that we call “caring liberalism,” we evaluate (...) plausibility and moral weight of the following arguments in favor of a duty on patients to provide their clinical data for research and learning activities: the general duty to help; solidarity; the duty to act in the public interest; the free-rider argument; transgenerational justice; the principle of giving back; the do-not-harm principle; freedom of research and the value of science. Results The general duty to help and the duty to act in the public interest are strong reasons for a moral duty of patients to provide their clinical data for research and learning activities. Transgenerational justice and the principle of giving back are ethically weak reasons for such a duty but might be motivational factors. The other reasons are not appropriate to justify a duty. The results are relevant in several respects: for patients who are asked to consent to the secondary use of their clinical data; for the ethical discussion of the question whether and to what extent deviations from the classical specific consent are ethically justifiable under certain conditions; for the legal discussion of the conditions for a proportionate secondary use of clinical data for research and learning activities. (shrink)

The attention economy — the market where consumers’ attention is exchanged for goods and services — poses a variety of threats to individuals’ autonomy, which, at minimum, involves the ability to set and pursue ends for oneself. It has been argued that the threat wireless mobile devices pose to autonomy gives rise to a duty to oneself to be a digital minimalist, one whose interactions with digital technologies are intentional such that they do not conflict with their ends. In (...) this paper, we argue that there is a corresponding duty to others to be an attention ecologist, one who promotes digital minimalism in others. Although the moral reasons for being an attention ecologist are similar to those that motivate the duty to oneself, the arguments diverge in important ways. We explore the application of this duty in various domains where we have special obligations to promote autonomy in virtue of the different roles we play in the lives of others, such as parents and teachers. We also discuss the consequences of our arguments for employers, software developers, and policy makers. (shrink)

Authority is an important feature of military life. Political and military superiors claim the power to give binding orders to their subordinates. If they have the authority they claim (and that many citizens and soldiers take them to possess), then the subordinates are morally required to do as commanded. Tadros’ To Do, To Die, To Reason Why challenges the authority claims that political and military superiors make in giving orders: the kinds of considerations ordinarily thought to underpin their authority (...) – in particular, the instrumental benefits of authoritative decision-making in politics and military life – cannot justify it. Tadros’ claim is not that subordinates are never required to do what their superiors order. Trivially, superiors may order subordinates to do what they are anyway required to do. (The captain orders the privates not to kill the prisoners.) Less trivially, superiors’ orders may change the subordinates’ factual or epistemic circumstances, which results in their having duties that they would otherwise have lacked. (The captain orders a private to jump into the sea. His order startles a child on the shore so it loses its balance and plunges into the water. The private may now have a duty to jump in to save the child, and he may have that duty because the superior gave the order.) Yet this way of changing the subordinates’ duties is not, for Tadros, a genuine exercise of authority: authority brings about normative change directly, rather than by changing the subordinate’s factual or epistemic circumstances. It is authority so understood that, according to Tadros, military and political superiors claim and yet lack. Tadros offers two complementary arguments for this anarchist conclusion. First, he argues that superiors have practical authority over subordinates only if the subordinates have duties to obey (or follow) the superiors’ orders, rather than merely to conform with them (by doing something which happens to be what they were ordered to do). There must be a suitable link between order and action. But, Tadros argues, soldiers don’t have a duty to obey their superiors’ orders. (Call this the Obedience Claim.) So military superiors lack practical authority vis-à-vis their subordinates. (Call this the Authority Claim.) Second, Tadros argues that authority is either unjustified or otiose. Exercises of practical authority, by imposing duties, restrict their subjects’ freedom. Moral duties are difficult to justify precisely because they are freedom-restricting in this way; and only certain kinds of considerations suffice to make an action morally obligatory. Tadros argues that there are sufficient reasons for a superior to have and exercise the power to make ving morally obligatory by issuing a directive only if there are already sufficient reasons for ving being independently morally obligatory. (We call this the No Duty, No Authority Claim.) We challenge both arguments. Sections 2 and 3 show that, even if the Obedience Claim is true, it does not entail the Authority Claim. Section 4 casts doubt on the No Duty, No Authority Claim. (shrink)

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

Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts as a (...) reasonable burden for any of the available agents to secure subsistence. No justifiable principle exists implying generalised perfect duties any agent could clearly follow or clearly breach that secure subsistence conditions for others. At best we can justify rescue duties under very specific conditions, or general but imperfect duties to improve arrangements. Neither of these obviously correlates with human rights standards. Attempts in the literature to overcome the dilemma by claiming basic rights can correlate with imperfect duties or can generate duties to work towards institutions that ‘perfect’ our imperfect duties, are faulty. I then show how the dilemma can be avoided by accounts of human rights focusing on minimum respectful treatment rather than goods or interests. (shrink)

This paper asks whether we can defend associative duties to our compatriots that are grounded solely in the relationship of liberal co-citizenship. The sort of duties that are especially salient to this relationship are duties of justice, duties to protect and improve the institutions that constitute that relationship, and a duty to favour the interests of compatriots over those of foreigners. Critics have argued that the liberal conception of citizenship is too insubstantial to sustain these duties — indeed, that (...) it gives us little reason to treat compatriots any differently from how we treat foreigners, with all the practical consequences that this would entail. I suggest that on a specific conception of liberal citizenship we can, in fact, defend associative duties, but that these extend only to the duty to protect and improve the institutions that constitute that relationship. Duties of justice and favouritism, I maintain, cannot be particularised to one's compatriots. (shrink)

In this essay, we focus on the moral justification of a highly controversial measure to redress medical brain drain: the duty to stay. We argue that the moral justification for this duty lies primarily in the fact that medical students impose high risks on their fellow citizens while receiving their medical training, which in turn gives them a reciprocity-based reason to temporarily prioritize the medical needs of their fellow citizens.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.1 (2002) 1-21 [Access article in PDF] Turning Kant Against the Priority of Autonomy: Communication Ethics and the Duty to Community Pat J. Gehrke Communication ethics scholars afford Immanuel Kant significantly less attention than one might expect. This may be because, as Robert Dostal notes, Kant argues that rhetoric merits no respect whatsoever (223). This rejection of rhetoric, Dostal writes, is grounded in the significant (...) emphasis given to Kant's concept of autonomy (232). The focus on autonomy and, hence, rhetoricians' relative neglect of Kant's ethical theory are both connected to the separation of Kant's Critique of Pure Reason (hereinafter CPuR) from his subsequent ethical and moral philosophy. Kenneth Burke writes that Kant's first critique has no ethical implications, "no 'wills,' 'oughts,' 'shoulds,' or 'thou shalt nots'... nothing but an inevitable is, a description of conditions as they necessarily are for human experience" (191; emphasis in original). Such readings lose much of the richness and complexity of Kant's thought and tend instead to produce simple moral duties, such as Mike Markel's assertion that technical communicators must be truthful.Perhaps the most critical element of Kant's work lost in our focus on autonomy is his articulation of a ground for a duty to community. While Kant makes clear the importance of community for his metaphysics in the first critique (CPuR), the importance of community in Kant's moral philosophy often is overlooked. Some scholars claim that an ethical duty to community is either rejected by Kant's emphasis on the autonomy of will or simply ignored. This article combines a reading of Kant's metaphysics of experience with his moral philosophy to articulate a communication ethic grounded in community. This argument is made in three parts: first, the community of objects in experience—the Third Analogy of Experience—is an organizing principle of and a necessary condition for the possibility of all experience; second, this metaphysical principle of community is relevant [End Page 1] to community as developed in Kant's ethical writings; and finally, Kant's own work undermines the primacy of autonomy and better supports a communication ethic grounded in a duty to community.Scholars interested in Jurgen Habermas's theory of communicative action have special reason to take note of Kant's work. Kant is not only a figure that Habermas sees reflected in his own work, 1 but a constant point of contrast. Craig Calhoun writes that much of Habermas's own philosophy emerges by rejecting Kant's epistemology and elements of his metaphysics while still giving credence to Kantian moral philosophy (2). However, like most communication scholars and philosophers, Habermas believes that autonomy governs Kantian ethics: "Formalistic ethics (Kant) binds the criterion of generality of norms to the further criterion of autonomy, that is, independence from contingent motives" (Habermas, Legitimation 89). Since autonomy excludes or represses the contingent, if our readings of Kant give primacy to autonomy we leave little room for any notion of community as manifest in experience. In no small part, it is the criticism of Kant for privileging autonomy that has given Habermasians their break from Kantian ethics. However, if we turn to the first critique to guide our reading of the moral philosophy, there is another way to understand the role of autonomy and community in Kant's thought. By linking Kant's metaphysics with his moral philosophy, this article turns Kant away from the primacy of autonomy and uses Kant's own works to argue that autonomy is but one half of an antinomy that is organized under the principle of community. Thus, this article recuperates the possibility of deploying Kantian metaphysics and moral philosophy together as grounds for a communication ethic that privileges community and recovers the value of rhetoric.For rhetorical scholars, the resistance to the priority of autonomy may be related to the frequent expression of community through appeal to commonality, sameness, or identification. Today, feminist, race, postmodern, and poststructural communication scholars are questioning the value of commonality as a ground for ethics (e... (shrink)

The concept of counterspeech denotes a non-coercive and non-censoring method for reacting to harmful speech, with the aim of impeding or at least diminishing its damaging effects. Remarkable work is being done by researchers and activist groups on elaborating practical strategies of countering hate speech online. Though, research in moral and political philosophy exploring the effectivity of counterspeech and grounding the reasons for engaging in it still remains in its early stages. In the following paragraphs I will address recent (...) contributions which elaborate on the viability and normative aspects of counterspeech. Outlining their valuable insights, but also their failure to give due importance to the peculiarities of online speech dynamics, I will highlight relevant features on which future research about online harmful speech and counterspeech can build. (shrink)

Recent debates have led some to question the legitimacy of physicians refusing to provide legally permissible services for reasons of conscience. In this paper, I will explore the question of whether medical professionals have a collective duty to ensure that their profession provides nondiscriminatory access to all medical services. I will argue that they do not. I will also argue for an approach to dealing with intractable moral disagreements between patients and physicians that gives both parties veto power (...) with regards to participation. Finally, I will respond to three objections to allowing physicians broad freedom to act on their consciences: such allowances would violate the conscience of the patient, would lead to unfairness, and would thwart important societal goals. (shrink)

Cooley's argument that persons with pre‐dementia have a Kantian duty to die has led to much debate. Cooley gives two reasons for his claim, the first being that a person with pre‐dementia should end his/her life when he/she will inevitably and irreversibly lose rationality and be unable to live morally as a result. This paper argues that this reason derives from an unsubstantiated premise and general confusion regarding the condition for a Kantian duty to die. Rather, a (...) close reading of Kant reveals that such a condition occurs when a person confronts an external handicap that does not undermine his/her rational ability but deprives him/her of the possibility of living the way a person should. People do not confront this experience with progressive dementia. The other reason Cooley proposes is that a person should not allow their continued existence to become a burden to others. This claim partly stems from a radical interpretation of a case discussed by Kant and is partly based on a misuse of Kant's formulation of humanity. Based on a prudent inference from Kantian ethics, this article argues against Cooley that persons with pre‐dementia have no Kantian duty to die. (shrink)

Critics often argue that Ross’s metaphysical and epistemological accounts of all-things-considered duties suffer from the problem of explanation. For Ross did not give us any clear explanation of the combination of pro tanto duties, i.e. how principles of pro tanto duties can combine. Following from this, he did not explain how we could arrive at overall justified moral judgements. In this paper, I will argue that the problem of explanation is not compelling. First of all, it is based on (...) the classical account of pro tanto duties. Principles of pro tanto duties can be understood in another way, i.e. in terms of reason-giving account that might be of help to provide a response to the critics. Furthermore, critics fail to see some evidence in Ross about how we can arrive at moral judgements. (shrink)

In ordinary discourse, a single duty is often attributed to a plurality of agents. In "Group Duties: Their Existence and Their Implications for Individuals", Stephanie Collins claims that such attributions involve a “category error”. I critically discuss Collins’ argument for this claim and argue that there is a substantive sense in which non-agential groups can have moral duties. A plurality of agents can have a single duty to bring about an outcome by virtue of a capacity of each (...) to practically reason about what they ought to do together. I also argue that Collins’ attempt to give a reductive account of such “we-reasoning” fails. (shrink)

I ask you to X. You now have a reason to X. My request gave you a reason. How? One unpopular theory is the epistemic account, according to which requests do not create any new reasons but instead simply reveal information. For instance, my request that you X reveals that I desire that you X, and my desire gives you a reason to X. Peter Schaber has recently attacked both the epistemic account and other theories of the reason-giving force (...) of requests. Schaber defends a new theory of the reason-giving force of requests according to which request give reasons because it is valuable for requesters and requestees that requests have this power. In this paper I argue that Schaber's attack on the epistemic account fails, and that his own theory ought to be rejected because it faces compelling objections. (shrink)

This article start from two opposing intuitions in the environmental duties debate. On the one hand, if our lifestyle causes environmental harm, then we have a duty to reduce that impact through lifestyle changes. On the other hand, many people share the intuition that environmental duties cannot demand to alter our lifestyle radically for environmental reasons. These two intuitions underlie the current dualism in the environmental duties debate: those arguing for lifestyle changes and those arguing that our duties (...) are limited to promoting just environmental institutions. The paper has two goals: first, to grasp the underlying reasons for the two intuitions, and, second, to provide a proposal that integrates both intuitions. The paper consists of two main parts. The first part examines the ‘our-duties-should-be-limited’ intuition. Two interpretations are discussed, one under the title ‘what I do make no difference’, dealing with causality and collective action, and one under the title ‘my duty cannot be to change my lifestyle completely’, which discusses demandingness, fairness and value conflict. The second part shows how the ‘lifestyle-matters’ intuition can still play an important role. This part consists of two sections, one on ‘how to make a difference’, which deals with the idea of a cooperative ethos, and the other with ‘why lifestyle matters’, discussing expressive rationality and integrity. These ideas allow giving an important place to lifestyle duties, while avoiding the possible counterproductive effect of a private duties account. (shrink)

Both because of the vagueness of the word ‘give’ when speaking about giving reasons, and because we lack an adequate definition of ‘reasons’, there is a harmful ambiguity in the expression ‘giving reasons’. Particularly, straightforwardly identifying argumentation with reasons giving would make of virtually any interplay a piece of argumentation. Besides, if we adopt the mainstream definition of reasons as “considerations that count in favour of doing or believing something”, then only good argumentation would (...) count as argumentation. In this paper, I defend a qualified characterization of argumentation as reasons giving that is shown to be fruitful for shedding light on the practice of giving reasons, and an inferentialist conception of reasons that makes room for speaking of “bad reasons” and, consequently, makes it possible to talk of argumentation as reasons giving even if we are talking about bad argumentation. (shrink)

Both because of the vagueness of the word ‘give’ when speaking about giving reasons, and because we lack an adequate definition of ‘reasons’, there is a harmful ambiguity in the expression ‘giving reasons’. Particularly, straightforwardly identifying argumentation with reasons giving would make of virtually any interplay a piece of argumentation. Besides, if we adopt the mainstream definition of reasons as “considerations that count in favour of doing or believing something”, then only good argumentation would (...) count as argumentation. In this paper, I defend a qualified characterization of argumentation as reasons giving that is shown to be fruitful for shedding light on the practice of giving reasons, and an inferentialist conception of reasons that makes room for speaking of “bad reasons” and, consequently, makes it possible to talk of argumentation as reasons giving even if we are talking about bad argumentation. (shrink)

_Giving Reasons_ prepares students to think independently, evaluate information, and reason clearly across disciplines. Accessible to students and effective for instructors, it provides plain-English exercises, helpful appendices, and a variety of online supplements.

In this essay, I assess what I call the “Duty View,” subtly articulated and defended by Victor Tadros in Wrongs and Crimes. According to the Duty View, wrongdoers incur enforceable duties, including the duty to be punished in some circumstances, in virtue of their wrongdoing; therefore, punishment can be justified simply on the ground that wrongdoers’ duties are being legitimately enforced. I argue that, while wrongdoers do incur important duties, these are not necessarily fulfilled by providing protection (...) against future offenses, and I offer a comparative evaluation of the Duty View and an alternative approach, which I call the “Desert Plus View.” The Desert Plus View shares some of the key commitments of the Duty View, such as the rejection of the intrinsic goodness of wrongdoers getting what they deserve. More positively, however, according to the Desert Plus View, the fact that people are deserving can, together with certain additional conditions, such as the need for protection of its citizens, provide a reason for the state to give them what they deserve. (shrink)

It’s one thing to do the right thing. It’s another to be creditable for doing the right thing. Being creditable for doing the right thing requires that one does the right thing out of a morally laudable motive and that there is a non-accidental fit between those two elements. This paper argues that the two main views of morally creditable action – the Right Making Features View and the Rightness Itself View – fail to capture that non-accidentality constraint: the first (...) because it morally credits agents who make heavy-duty moral mistakes; the second because it fails to generalise and is too conservative – a point which this paper gives renewed defence. The paper then goes on to defend and develop an alternative according to which moral worth is mediated by the agent’s knowing how to respond to the reasons of the type which make acting in that way right. It’s argued that this view avoids the problems for the alternatives, and it’s shown that in order for the view to avoid collapsing into a problematic form of Reliabilism we’ll have to think of states of knowing how as essentially successful in character. (shrink)

This article examines the actions and testimonies of 14 nurses who killed psychiatric patients at the state hospital of Meseritz-Obrawalde in the Nazi 'euthanasia' program. The nurses provided various reasons for their decisions to participate in the killings. An ethical analysis of the testimonies demonstrates that a belief in the relief of suffering, the notion that the patients would 'benefit' from death, their selection by physicians for the 'treatment' of 'euthanasia', and a perceived duty to obey unquestioningly the (...) orders of physicians were the primary ethical reasons that were stated for their behavior. However, 20 years had elapsed between the killings and the trial, thus giving ample opportunity for the defendants to develop comfortable rationales for their actions and for their attorneys to have observed successful defenses of others accused of euthanasia. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:An Introduction to Christian Ethics: Goals, Duties, and Virtues by Robin W. Lovin, and: The Moral Disciple: An Introduction to Christian Ethics by Kent A. Van TilPaul J. WadellAn Introduction to Christian Ethics: Goals, Duties, and Virtues ROBIN W. LOVIN Nashville: Abingdon Press, 2011. 288 pp. $29.00The Moral Disciple: An Introduction to Christian Ethics KENT A. VAN TIL Grand Rapids, MI: Eerdmans, 2012. 160 pp. $18.00Over the last (...) several years a number of introductory texts in Christian ethics have been published. Robin Lovin’s An Introduction to Christian Ethics and Kent Van Til’s The Moral Disciple are impressive and worthy additions to that growing collection. Both are intended for undergraduate students—an audience, these authors realize, whose upbringing, history, and experiences are very different from their own. How can professors guide students through the thicket of choices and decisions that confront them every day, especially when they are bombarded with seemingly endlessly diverse answers about what is true, good, worthwhile, or fulfilling? When so much is constantly changing, how can professors help students understand what it means to live wisely, responsibly, and with integrity? How can they use the manifold traditions and resources of Christian ethics to help students discern the contours of a life that is truly worth living as well as the attitudes, dispositions, and choices that will enable them to achieve that? And, perhaps most challengingly, how can they do this when their students come to the study of ethics, as Lovin observes, with little more than “mere fragments of a moral vocabulary that has lost its meaning”? (238) With these questions in mind, Lovin and Van Til, wise and compassionate guides, lead the reader through the history of Christian ethics to illustrate how those who have gone before us, in all the different ways they understood the moral life, can assist us on our journey today.Both texts are structured around the customary focal points of goals and consequences (teleology), laws and norms (deontology), and character and virtue (areteology). In investigating each of these models for understanding ethics, [End Page 213] Van Til and Lovin give special attention to the influence of Aristotle, Augustine, Aquinas, and Kant. And both offer an insightful, balanced overview of the natural law, the moral and theological virtues, and the abiding but sometimes overlooked influence of utilitarianism on our moral reasoning. Moreover, both texts offer ample examples or case studies along with clear, succinct definitions that help students connect the material to their lives and appreciate important differences among varied accounts of the moral life.But there are also interesting differences between these two books. Because Van Til is primarily concerned with what ethics means in a life of faithful discipleship, he places how one’s relationship with Christ shapes her identity, understanding of the world, and sense of moral agency more at the forefront of his analysis than does Lovin in his Introduction to Christian Ethics. This is not a shortcoming of Lovin’s text, but it indicates an important difference in their methodologies. For example, because Van Til emphasizes that the lives of Christians are primarily guided by the biblical narrative, he moves from asking in the opening chapter “What is ethics?” to considering in chapter 2 the role of the scriptures for illuminating how Christians understand God, themselves, and their place in the world. “Christians believe that the Bible is God’s true and complete revelation,” Van Til writes, “and we also trust that the moral guidance we receive from Scripture is the truest and most complete moral guidance available to us” (18). Nonetheless, Van Til rightly cautions that because the Bible is “not an ethics textbook … problems may arise if we try to make the Bible guide our morality in ways that the Bible itself does not intend” (18). Thus, determining how biblical teaching should inform moral decisions demands ongoing personal and communal discernment.By contrast, after an expansive and very helpful overview of the origin of ethics in his opening chapter, Lovin adopts Charles Curran’s well-known fivefold “Christian stance” to provide the overarching framework for understanding the distinctiveness of Christian ethics. He then probes four... (shrink)

In Giving Reasons: A Linguistic-pragmatic-approach to Argumentation Theory (Springer, 2011), I provide a new model for the semantic and pragmatic appraisal of argumentation. This model is based on a characterization of argumentation as a second order speech-act complex. I explain the advantages of this model respecting other proposals within Argumentation Theory, such as Pragma-dialectics, Informal Logic, the New Rhetoric or the Epistemic Approach.

En Giving Reasons: A Linguistic-pragmatic-approach to Argumentation Theory (Springer, 2011), propongo un nuevo modelo para la evaluación semántica y pragmática de la argumentación. Este modelo se basa en una caracterización de la argumentación como un acto de habla compuesto de segundo orden. Explico las ventajas de este modelo respecto de otras propuestas dentro de la Teoría de la Argumentación, tales como la Pragma-dialéctica, la Lógica Informal, la Nueva Retórica o el Enfoque Epistémico.

The purpose of this article is to determine whether analogical reasoning can supply a basis for believing that we have a moral obligation to rescue strangers. The paper will focus on donating cadaver organs. I construct a moral analogical argument involving an easy rescue case and organ donation. Various alleged relevant differences between the cases are examined and rejected. Finally, what I cal l “the ownership dilemma” is introduced and I conclude that this dilemma is inescapable. Thus, analogical reasoning, however (...) convincing it might appear, is virtually worthless as a strategy of rationality persuading people that they have a duty to donate blood, cadaver organs, or, more generally, a duty to give up any property to aid strangers. (shrink)

The purpose of this article is to determine whether analogical reasoning can supply a basis for believing that we have a moral obligation to rescue strangers. The paper will focus on donating cadaver organs. I construct a moral analogical argument involving an easy rescue case and organ donation. Various alleged relevant differences between the cases are examined and rejected. Finally, what I cal l “the ownership dilemma” is introduced and I conclude that this dilemma is inescapable. Thus, analogical reasoning, however (...) convincing it might appear, is virtually worthless as a strategy of rationality persuading people that they have a duty to donate blood, cadaver organs, or, more generally, a duty to give up any property to aid strangers. (shrink)

The paper gives an interpretation of Kant's doctrine of the fact of reason against the background of a constructivist reading of his philosophy, which does not allow us to appeal to any indubitable facts. The fact of reason is the object of a philosophical account of the moral law forms the quid juris part of deduction or legitimization of the law. A more intuitive grasp of the fact is the phenomenon of reverence for duty which ordinary people grasp in (...) form of a feeling and emotion. (shrink)

BackgroundDecision-making in initiating life-sustaining health technology is complex and often conducted at time-critical junctures in clinical care. Many of these decisions have profound, often irreversible, consequences for the child and family, as well as potential benefits for functioning, health and quality of life. Yet little is known about what influences these decisions. A systematic review of reasoning identified the range of reasons clinicians give in the literature when initiating technology dependence in a child, and as a result helps (...) determine the range of influences on these decisions.MethodsMedline, EMBASE, CINAHL, PsychINFO, Web of Science, ASSIA and Global Health Library databases were searched to identify all reasons given for the initiation of technology dependence in a child. Each reason was coded as a broad and narrow reason type, and whether it supported or rejected technology dependence.Results53 relevant papers were retained from 1604 publications, containing 116 broad reason types and 383 narrow reason types. These were grouped into broad thematic categories: clinical factors, quality of life factors, moral imperatives and duty and personal values; and whether they supported, rejected or described the initiation of technology dependence. The majority were conceptual or discussion papers, less than a third were empirical studies. Most discussed neonates and focused on end-of-life care.ConclusionsThere is a lack of empirical studies on this topic, scant knowledge about the experience of older children and their families in particular; and little written on choices made outside ‘end-of-life’ care. This review provides a sound basis for empirical research into the important influences on a child’s potential technology dependence. (shrink)

The urgency of the problem of climate change calls upon us to investigate the climate duties of agents beyond the state. Individuals are the most salient candidate in this respect. In section I, I argue that the idea that individuals might have duties to reduce their emissions raises difficult issues about individual difference-making. The rest of the chapter, then, focuses on what I take to be the third most-salient duty-bearer: large for-profit corporations. These entities have largely been overlooked in (...) philosophical discussions of climate-related duties. In Section II, I consider two possible reasons for this neglect, and argue that neither are good reasons. In Section III, I give a positive case for weighty and demanding duties for corporations, to cut back their present and planned emissions and to offset their past emissions. In Section IV, I bring the discussion full circle: corporations’ duties always imply duties for corporations’ members, that is, for the individuals who constitute the corporation. Drawing on earlier work, I give an account of who corporations’ members are and how their duties are structured. In heavily-emitting corporations, members prominently include managers, shareholders, and rank-and-file employees. So a range of individuals are on the hook after all, because the corporations that they constitute bear duties. Additionally, even non-members may have duties to act upon corporations, from the outside, with a view to inducing corporate duty-fulfillment. (shrink)

According to indirect duty views, human beings lack direct moral duties to non-human organisms, but our direct duties to ourselves and other humans give rise to indirect duties regarding non-humans. On the orthodox interpretation of Kant’s account of indirect duties, one should abstain from treating organisms in ways that render one more likely to violate direct duties to humans. This indirect duty view is subject to several damaging objections, such as that it misidentifies the moral reasons (...) we have to treat non-humans in certain ways and that it sanctions only weak obligations vis-à-vis organisms. I develop an alternative indirect duty view: given a direct duty to oneself to cultivate virtuous dispositions, one has an indirect duty to abstain from treating organisms in ways that erode one’s virtues or develop vices. I argue that this indirect duty view strictly proscribes knowingly causing unnecessary harm to organisms, and I show that it is not subject to the damaging objections directed against the indirect duty view attributed to Kant by the orthodox interpretation. This suggests that indirect duty views are more worthy of consideration than is often supposed. (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)

Moral particularists argue that because reasons for action are irreducibly context-dependent, the traditional quest in ethics for true and exceptionless moral principles is hopelessly misguided. In making this claim, particularists assume a general framework according to which reasons are the ground floor normative units undergirding all other normative properties and relations. They then argue that there is no cashing out in finite terms either (i) when a given non-normative feature gives rise to a reason for or against action, (...) or (ii) how the reasons that are present in a given context play off each other to determine one’s overall duties. However, the conjunction of these two theses leaves particularists without a coherent notion of a reason for action: posit too much irreducible context-dependence in the behavior of reasons, and the reasons-based framework breaks down. One upshot is that the particularists’ challenge to principle-based approaches to ethics has not, at present, been successfully made out; another upshot is that perhaps the best way to formulate that challenge involves renouncing the reasons-based framework all together. (shrink)

That we owe duties to others is a commonplace, the subject of countless philosophical treatises and monographs. Morality is interpersonal and other-directed, many claim. But what of what we owe ourselves? In Duty to Self, Paul Schofield flips the paradigm of interpersonal morality by arguing that there are moral duties we owe ourselves, and that in light of this, philosophers need to significantly rethink many of their views about practical reason, moral psychology, politics, and moral emotions. -/- Among these (...) views is the idea that divisions within a person's life enable her to relate to herself second-personally--that is, as though she were relating to a distinct other person--in the way required by morality. Further, there exist political duties owed to the self, which the state may coerce persons to perform. This amounts to a novel argument for paternalistic law, which appeals to considerations of right, justice, and freedom in order to justify coercing a person for their own sake--a liberal justification for an idea typically thought to be deeply at odds with liberalism. -/- Schofield untangles how this view would impact various issues in applied ethics and political philosophy, for example, financial prudence and risk, the pursuit of the good life, and medical ethics. Duty to Self is essential for anyone working in moral and political philosophy or political theory. (shrink)

People give surprising weight to others’ expectations about their behaviour. I argue the practice of conforming to others’ expectations is ethically well-grounded. A special class of ‘reasonable expectations’ can create prima facie obligations even in cases where the expectations arise from contingent pre-existing practices, and the duty-bearer has not created them, or directly benefited from them. The obligation arises because of the substantial goods that follow from such conformity—goods capable of being endorsed from many different ethical perspectives and (...) implicating key moral factors such as consent, fairness, respect, autonomy, and reciprocity. Given the innumerable situations where such expectations can arise, their ethical significance is critical both practically and philosophically. (shrink)

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

One of the principal aims of Kant’s Metaphysics of Morals, especially of the Doctrine of Virtue, is to present a taxonomy of our duties as human beings. The basic division of duties is between juridical duties and ethical duties, which determines the division of the Metaphysics of Morals into the Doctrine of Right and the Doctrine of Virtue. Juridical duties are duties that may be coercively enforced from outside the agent, as by the civil or criminal laws, or other social (...) pressures. Ethical duties must not be externally enforced (to do so violates the right of the person coerced). Instead, the subject herself, through her own reason and the feelings and motives arising a priori from her rational capacities -- the feelings of respect, conscience, moral feeling and love of other human beings, must constrain herself to follow them (MS 6:399-404).1 Among ethical duties, the fundamental division is between duties to oneself and duties to others. Within each of these two main divisions of ethical duty, there is a further division between duties that are strictly owed, requiring specific actions or omissions, and whose violation incurs moral blame, and duties that are wide or meritorious, the specific actions not strictly owed, but deserving of moral credit or merit. Kant treats these latter as ‘duties’ (eschewing any category such as ‘supererogation’) because the actions in question are conceived as fit objects of self-constraint – things we can make ourselves do through the exercise of reason and the moral feelings arising from the application of practical reason to our faculty of desire. Regarding duties to oneself, this division is between ‘perfect’ and ‘imperfect’ duty; regarding duties to others, the strict or narrow... (shrink)

Bermejo-Luque, Lilian. Giving Reasons. A Linguistic-Pragmatic Approach to Argumentation Theory Content Type Journal Article Pages 1-6 DOI 10.1007/s10503-011-9258-z Authors C. Andone, Department of Speech Communication, Argumentation Theory and Rhetoric, University of Amsterdam, Spuistraat 134, 1012 VB Amsterdam, The Netherlands Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of (...) the circumstances in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

We have the duty to object to things that people say. If you report something that I take to be false, unwarranted, or harmful, I may be required to say as much. In this paper, I explore how to best understand the distinctively epistemic dimension of this duty. I begin by highlighting two central features of this duty that distinguish it from others, such as believing in accordance with the evidence or promise‐keeping. In particular, I argue that (...) whether we are obligated to object is directly influenced not only by what other relevant members of the conversational context or community do, but also by the social status of the agent in question. I then show that these features are shared by the duty to be charitable, and the similarities between these two duties point to a potentially deeper explanation: while promise‐keeping is regarded as a classic perfect duty, charity is an imperfect one. I then argue that the duty to object can be modeled on a particular conception of imperfect duties, one that takes the duty to belong to communities and other collectives, rather than to individuals. I conclude by showing that this framework provides us with reason for accepting that there are imperfect epistemic duties in general. (shrink)

According to the Motive of Duty Thesis, a necessary condition for an action to have moral worth is that it be motivated at least in part by a normative assessment of the action. However, this thesis has been subject to two powerful objections. It has been accused of over-intellectualizing moral agency, and of giving the wrong verdict when it comes to people who hold false moral theories that convince them that their actions are in fact morally wrong. I argue (...) that both of these objections can be convincingly answered using resources from the Guise of the Good view, which holds that for an agent to intend to requires that they take Φing to be good. Furthermore, I argue that combining the motive of duty thesis with the Guise of the Good view allows us to recognize an important further condition on moral worth—namely, that the agent recognize that their reason for action requires, rather than merely permits, their action. Thus, while no action lacks moral worth in virtue of being motivated by no normative evaluation at all, an action can still lack moral worth in virtue of failing to be motived by the correct normative evaluation, namely that the action is required. (shrink)

In my view, the moral case for giving animals legal protection is strong. This is so whether or not we think of animals as having moral rights, such as a right to be cared for, or at least a right not to be harmed, because even if animals do not have moral rights, humans have moral duties toward animals, such as a general duty not to harm animals, say, by performing experiments on them, or raising them for food, or (...) having them perform tricks to amuse tourists. The question I wish to consider in this article, however, is not what moral rights animals have, or even what our moral duties to animals are, but whether we have reason to think of animal law not only as imposing legal duties on humans, but also as conferring legal rights on animals. This is not a moral question, but a question about how to conceptualize legal positions, and the arguments in favor of or against competing conceptualizations should be of a theoretical nature. Although the focus of legal scholars is only rarely on conceptual questions, such questions are nevertheless important. For having a reasonably thought-out view of the structure, content, and applicability of relevant legal concepts will be conducive to clear legal thinking, and clear legal thinking in turn is conducive not only to correct legal thinking, but also to efficiency. I shall argue that while there are good moral reasons to impose legal duties on humans regarding the treatment of animals, there are good theoretical reasons not to think of animals as legal right-holders, because doing so would either be pointless, on the interest-theory analysis, or else incoherent, on the will-theory analysis. On route to this conclusion, I shall also argue that in the field of law, the method of explication is in many cases, including the elucidation of the concept of a legal right, preferable to conceptual analysis, strictly conceived; that we should think of legal rights as complexes of Hohfeld-elements and distinguish accordingly between claim-rights, liberty-rights, power-rights, and immunity-rights; that when discussing animal rights we should focus on claim-rights; and, finally, that an explication of the concept of a legal right along the lines of the will-theory of legal rights is preferable to an explication along the lines of the interest-theory. (shrink)