The preceding Preface, which Professor William Frankena had the great kindness to write as an introduction for the readers of the present English translation of my major work, still requires several supplementary com­ ments on my part. Professor Frankena rightly considered it to be an advan­ tage to introduce the English-speaking world to my moral philosophy through its presentation in this book. As an introduction to my moral philosophy, Professor Frankena provided a concise formulation of the fun­ damental ideas of (...) my ethics by quoting from an article I had just recently published. Several points worth mentioning remain. Firstly, it is necessary to distinguish the two editions of the text here translated. The first edition was published in 1951 by Anton Hain in Meisenheim am Glan, under the title Pflicht und Neigung (Duty and In­ clination), with the subtitle Die Grundlagen der Sittlichkeit, erOrtert und neu bestimmt mit besonderem Bezug auf Kant und Schiller (The Fun­ damentals of Morality, Discussed and Redefined with Special Regard to Kant and Schiller). In 1974, a revised and enlarged second edition was published by the same publisher and was entitled Die Grundlagen der Sitt­ Iichkeit (The Fundamentals of Morality). Of this second edition, the first four chapters have been translated in the present volume, along with four more recent essays. (shrink)

This article seeks to address the manner in which we should conceptualise the duties of directors in making decisions where fundamental rights are at stake. We first attempt to show that, in making decisions that implicate fundamental rights, directors are required to consider all individuals affected as having an intrinsic dignity. The interests of non-shareholders must thus be addressed in a non-instrumental manner which, we argue, is only compatible with the adoption of a ‘stakeholder’ conception of directors’ (...) duties. Adopting such an approach, however, raises the difficulty of how directors are to balance multiple intrinsically valuable interests. We argue that the doctrine of proportionality—which has been developed in fundamental rights law as a structured enquiry concerning the circumstances in which it is justifiable to limit rights—can be adapted to the domain of corporate decision-making. The proportionality enquiry provides a transparent, structured process of reasoning that can aid corporate decision-making and open up the possibility for reviewing decisions of directors that affect the fundamental rights of individuals. (shrink)

I argue in this paper that negating and counterbalancing should be recognised as two fundamental categories of corrective action. First, I show that recognising the distinction helps to avoid confusion when asking normative questions about the justification of imposing corrective duties. Second, I argue that we have moral reasons to care about the difference between negating and counterbalancing detrimental states, and this has implications for permissible action. I then outline some ways in which the discussion helps us explain (...) and justify specific legal remedies in private law, and I conclude by noting some exceptions to the normative priority of negating over counterbalancing. (shrink)

ZusammenfassungIst es Aufgabe der Medizinethik und medizinethischer Kommissionen, moralische Urteile von der Art zu fällen, dass eine Handlung oder Praktik, wie der assistierte Suizid, moralisch richtig oder legitim ist? Der folgende Beitrag argumentiert dafür, dass sich die Medizinethik solcher Urteile enthalten sollte. Seine These ist, dass die Aufgabe der Medizinethik nicht in moralischen Bewertungen, sondern in der Reflexion auf diejenigen Güter, Tugenden und Pflichten besteht, die bei einer solchen Handlung oder Praktik auf dem Spiel stehen. In diesem Sinne übt er (...) Kritik an einer verbreiteten Auffassung von Moral und Ethik. (shrink)

Duties to oneself are allegedly incoherent: if we had duties to ourselves, we would be able to opt out of them. I argue that there is a constraint on one’s ability to release oneself from duties to oneself. The release must be autonomous in order to be normatively transformative. First, I show that the view that combines the division of the self with the second-personal characterization of morality is problematic. Second, I advance a fundamental solution to (...) the problem of the incoherence of duties to oneself, one that does not rely on any division of the self, temporal or otherwise. I build upon the prevalent idea that, in releasing others from duties, we exercise the power of consent. The transformative force of consent partly derives from our autonomy. Invoking a plausible characterization of autonomy, I argue that release from duties requires the right kind of mental state. (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)

The Mīmāṃsā school of Indian philosophy has for its main purpose the interpretation of injunctions that are found in a set of sacred texts, the Vedas. In their works, Mīmāṃsā authors provide some of the most detailed and systematic examinations available anywhere of statements with a deontic force; however, their considerations have generally not been registered outside of Indological scholarship. In the present article we analyze the Mīmāṃsā theory of Vedic injunctions from a logical and philosophical point of view. The (...) theory at issue can be regarded as a system of reasoning based on certain fundamental principles, such as the distinction between strong and weak duties, and on a taxonomy of ritual actions. We start by reconstructing the conceptual framework of the theory and then move to a formalization of its core aspects. Our contribution represents a new perspective to study Mīmāṃsā and outlines its relevance, in general, for deontic reasoning. (shrink)

Many research ethics guidelines now oblige researchers to offer research participants the results of research in which they participated. This practice is intended to uphold respect for persons and ensure that participants are not treated as mere means to an end. Yet some scholars have begun to question a generalised duty to disclose research results, highlighting the potential harms arising from disclosure and questioning the ethical justification for a duty to disclose, especially with respect to individual results. In support of (...) this view, we argue that current rationales for a duty of disclosure do not form an adequate basis for an ethical imperative. We review policy guidance and scholarly commentary regarding the duty to communicate the results of biomedical, epidemiological and genetic research to research participants and show that there is wide variation in opinion regarding what should be disclosed and under what circumstance. Moreover, we argue that there is fundamental confusion about the notion of “research results,” specifically regarding three core concepts: the distinction between aggregate and individual results, amongst different types of research, and across different degrees of result veracity. Even where policy guidance and scholarly commentary have been most forceful in support of an ethical imperative to disclose research results, ambiguity regarding what is to be disclosed confounds ethical action. (shrink)

Concern regarding overly demanding duties has been a prominent feature of moral debate ever since the possibility was famously sounded out by Bernard Williams nearly fifty years ago. More recently, some theorists have attempted to resolve the issue by reconsidering its underlying structure, drawing attention to the possibility that the duties to respond to large-scale moral issues like global poverty, systemic racism, and climate change may be fundamentally collective duties rather than indi- vidual ones. On this view, (...) the relationship between potentially overly demanding individual duties and large-scale moral issues is mediated by the fact that the duties are, first and foremost, ours together rather than each of ours on our own. We believe this theoretical shift constitutes an important development for moral theory regarding large-scale moral problems, but in this paper we focus on two dis- tinct reasons to think that the interplay between collective duties and demanding- ness is more complicated than has typically been appreciated. First, we argue that in cases in which risks or burdens are indivisible, the move to collectivize duties fails to fulfill its promise to alleviate demandingness concerns, and moreover that those kinds of cases are far more widespread than they may initially appear to be. Sec- ond, we argue that if concerns over individual demandingness could block a putative obligation from becoming an actual moral duty, then, in some cases at least, con- cerns over collective demandingness could do so as well. These complications help elucidate the fact that while the move to collectivize duties can address demanding- ness concerns in a particular subset of cases, in others doing so may merely relo- cate—or even exacerbate—the problem. (shrink)

People often think that their special relationships with family, friends, comrades and compatriots, can ground moral reasons. Among these reasons, they understand some to be duties – pro tanto requirements that have genuine weight when they conflict with other considerations. In this paper I ask: what is the underlying moral structure of associative duties? I first consider and reject the orthodox Teleological Welfarist account, which first observes that special relationships are fundamental for human well-being, then claims that (...) we cannot have these relationships, if we do not recognise associative duties, before concluding that we should therefore recognise associative duties. I then introduce a nonteleological alternative, grounded in the Appropriate Response approach to ethical theory. (shrink)

ABSTRACT The paper examines the ethical conception of the most well‐known and much discussed Hindu text, the Bhagavad Gītā, in the context of the Western distinction between duty ethics and virtue ethics. Most of the materials published on the Gītā make much of its conception of duty; however, there is no systematic investigation of the notion of virtue in the Gītā. The paper begins with a discussion of the fundamental characteristics of virtue ethics, before undertaking a discussion of the (...) conceptions of duty and virtue in the Gītā. The paper clearly demonstrates that (1) both duty and virtue coexist in the Gītā, and (2) the Gītā accords virtue an important place. (shrink)

What is the significance of asserting that certain agents, be they individual or collective ones, have a duty to create just institutions at a global level? It might appear none. For many agree that there is no global authority to coordinate compliance with the duty. Hence, it is up to individual agents to decide how to comply. If this is the correct account of the duty to create just institutions, then one can say that significant global justice projects depend on (...) insignificant duty to realize them. The state’s duty is indeterminate, however, only on the supposition that authoritative institutions are necessary to secure coordination among different agents. The dissertation challenges this fundamental assumption in two steps. First, I investigate the practical relevance of conventions for solving coordination problems. By building on the works of Hume and Lewis, I show how individuals in the state of nature could have coordinated their actions by conventions up until a point when a government could have emerged. I argue that similar considerations apply to relations among states. I identify relevant similarities between conventions creating a government and international customary law. Moreover, I argue that international customary law is a global governing convention since it prescribes how rules that bind all states are to be made. The second step in my argument concerns the normative assessment of conventions. I argue that conventions are essential for the demands of justice as long as they enable compliance with the demands. Not all conventions, however, do so. I put forward the principle of salience to identify those practices that play such a role. The salient practices determine the state’s duty to create a just world order. Ceteris paribus, the duty is not indeterminate after all. Consequently, current coordination problems that arise among states should not be seen as a normal consequence of states’ rational and self-interested behavior in the absence of a global authority; instead, the coordination problems amount to the violation of the duty to create a just world order. The major implication of the argument is that we should replace the Hobbesian framework for thinking about the nature of states as well as how they relate to one another by the Humean one. Thus, instead of insisting on states’ consent and necessity of a centralized authority to coordinate actions, we should pay more attention to the habitual behavior of states as well as the role conventions play in solving coordination problems among them. Importantly, the relevance of conventions to compliance with moral demands does not make authoritative institutions obsolete. The argument of this dissertation is modest – it only asserts that conventions can coordinate actions in the process of transitioning toward more centralized forms of global authority. As opposed to the pessimistic outlook of the Hobbesian framework, the Humean one makes room for hope that the change of the present unjust conditions is possible. (shrink)

This paper argues that since the last decades of the twentieth century the discipline of modern finance has directed fiduciaries to act "rationally"—that is, in the sole financial interest of their funds--downplaying the effects of their investments on others. This approach has deemphasized a previous, more "reasonable" interpretation of fiduciary duty that drew on a conception of prudence characterized by wisdom, discretion and intelligence—one that accounts to a greater degree for the relationship between one's investments and their effects on others (...) in the world. The reasonable approach allows fiduciaries to a greater degree to assess the objective well-being of beneficiaries, to recognize fundamental sources of investment reward in the economy, and to fulfill their obligations to allocate benefits impartially between current and future generations. Reason and rationality can work in a complementary fashion to make investment long-term in its perspective and beneficial to society and the economy as well as to specific funds or portfolios. Determining how to accomplish this challenging task is part of the obligation of fiduciaries as they seek to realize the full potential of the investment assets entrusted to their care. (shrink)

This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, (...) it briefly discusses the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals. (shrink)

The paper examines the ethical conception of the most well-known and much discussed Hindu text, the "Bhagavad Gītā", in the context of the Western distinction between duty ethics and virtue ethics. Most of the materials published on the "Gītā" make much of its conception of duty; however, there is no systematic investigation of the notion of virtue in the "Gītā". The paper begins with a discussion of the fundamental characteristics of virtue ethics, before undertaking a discussion of the conceptions (...) of duty and virtue in the "Gītā". The paper clearly demonstrates that (1) both duty and virtue coexist in the "Gītā", and (2) the "Gītā" accords virtue an important place. (shrink)

Contemporary ethical and political discourses frequently refer to the moral force of needs as justifying access to resources and rights to goods. Can needs make normative claims on anyone, and if so, how? What obligations do moral agents have to respond to the needs of other people? As finite creatures, humans inevitably experience need. Certain kinds of needs, namely fundamental needs, must be met if individuals are to avoid the harm of compromised agency. Fundamental needs involve agency-threatening events (...) or circumstances to which another must respond in order to cultivate, sustain or restore the agency of the one in need. I establish that fundamental needs have moral significance through an argument demonstrating the good of agency. I develop a robust account of agency, one that moves beyond the traditional identification of agency with rational capacities, to incorporate both emotional and relational abilities. Following the Kantian duty of beneficence, I then argue that our mutual and inevitable interdependence gives rise to a duty to care for the fundamental needs of others. Next, drawing upon care ethics, I suggest that moral agents are obligated not only to meet fundamental needs present in others, but also to do so in a manner indebted to forms of dignifying care. It is not enough that we meet the needs of others. How we do so carries with it the conferral or denial of dignity and inclusion in a moral community. Finally, I demonstrate the applied ethical import of the foregoing theoretical account by discussing practices of caring for the fundamental needs of elderly individuals, who are often relegated to the margins of agency. Specifically, I consider two cases: recommended rationing of healthcare resources for the elderly and filial obligation. (shrink)

We address the issue of whether, why and under what conditions, quarantine and isolation are morally justified, with a particular focus on measures implemented in the developing world. We argue that the benefits of quarantine and isolation justify some level of coercion or compulsion by the state, but that the state should be able to provide the strongest justification possible for implementing such measures. While a constrained form of consequentialism might provide a justification for such public health interventions, we argue (...) that a stronger justification is provided by a principle of State Enforced Easy Rescue: a state may permissibly compel individuals to engage in activities that entail a small cost to them but a large benefit to others, because individuals have a moral duty of easy rescue to engage in those activities. The principle of State Enforced Easy Rescue gives rise to an Obligation Enforcement Requirement: the state should create the conditions such that submitting to coercive or compulsive measures becomes a fundamental moral duty of individuals, i.e. a duty of easy rescue. When the state can create such conditions, it has the strongest justification possible for implementing coercive or compulsive measures, because individuals have a moral duty to temporarily relinquish the rights that such measures would infringe. Our argument has significant implications for how public health emergencies in the developing world should be tackled. Where isolation and quarantine measures are necessary, states or the international community have a moral obligation to provide certain benefits to those quarantined or isolated. (shrink)

What, if anything, is wrong with price gouging? Its defenders argue that it increases supply of scarce necessities; critics argue that it is exploitative, inequitable and vicious. In this paper, I argue for its moral wrongness and legal prohibition, without relying on charges of exploitation, inequity or poor character. What is fundamentally wrong with price gouging is that it violates a duty of easy rescue. While legal enforcement of such duties is controversial, a special case can be made for (...) their legal enforcement in this context. This account distinguishes, morally, price gouging by corporations from that of individual entrepreneurs. (shrink)

Introduction -- Part I: The good life -- Hedonism : its powerful appeal -- Is happiness all that matters? -- Getting what you want -- Problems for the desire theory -- Part II: Doing the right thing -- Morality and religion -- Natural law theory -- Psychological egoism -- Ethical egoism -- Consequentialism : its nature and attractions -- Consequentialism : its difficulties -- The kantian perspective : fairness and justice -- The kantian perspective : autonomy and respect -- The (...) social contract tradition : theory and attractions -- The social contract tradition : problems and prospects -- Ethical pluralism and absolute moral rules -- Ethical pluralism : prima facie duties and ethical particularism -- Virtue ethics -- Feminist ethics -- Part III: The status of morality -- Ethical relativism -- Moral nihilism -- Ten arguments against moral objectivity. (shrink)

Anti-abortion proponents argue that a fetus holds the status of a person akin to healthy adult human beings. The fetus possesses inherent dignity and a fundamental right to life, which must be resp...

Kant's moral philosophy is grounded on the dignity of humanity as its sole fundamental value, and involves the claim that human beings are to be regarded as the ultimate end of nature. It might be thought that a theory of this kind would be incapable of grounding any conception of our relation to other living things or to the natural world which would value nonhuman creatures or respect humanity's natural environment. This paper criticizes Kant's argumentative strategy for dealing with (...) our duties in regard to animals, but defends both his theory and most of his conclusions on these topics. (shrink)

In her book A Duty to Resist, Candice Delmas defends the view that we are not only permitted to disobey gravely unjust laws, but we may have a duty to do so. Moreover, not only civil but also uncivil disobedience may be justified in such cases. To justify both claims she argues that the same principles that justify a duty to obey the law—such as the principle of fairness, Samaritan duty, and associative obligations—also justify a duty to disobey the law. (...) The problem with this argumentative strategy is that it amounts to an attempt to derive the duty to disobey gravely unjust laws (or to resist them) from less stringent duties than the ones that can plausibly ground it. Against this strategy, I argue that the focus on laws that violate fundamental rights is what does all the normative work for justifying the duty to disobey/resist such laws, and the appeal to weaker principles is not only superfluous but also misleading. It has negative consequences for our understanding of what is owed to victims, in virtue of what, and by whom. (shrink)

[Allen W. Wood] Kant's moral philosophy is grounded on the dignity of humanity as its sole fundamental value, and involves the claim that human beings are to be regarded as the ultimate end of nature. It might be thought that a theory of this kind would be incapable of grounding any conception of our relation to other living things or to the natural world which would value nonhuman creatures or respect humanity's natural environment. This paper criticizes Kant's argumentative strategy (...) for dealing with our duties in regard to animals, but defends both his theory and most of his conclusions on these topics. /// [Onora O'Neill] Kant's ethics, like others, has unavoidable anthropocentric starting points: only humans, or other 'rational natures', can hold obligations. Seemingly this should not make speciesist conclusions unavoidable: might not rational natures have obligations to the non-rational? However, Kant's argument for the unconditional value of rational natures cannot readily be extended to show that all non-human animals have unconditional value, or rights. Nevertheless Kant's speciesism is not thoroughgoing. He does not view non-rational animals as mere items for use. He allows for indirect duties 'with regard to' them which afford welfare but not rights, and can allow for indirect duties 'with regard to' abstract and dispersed aspects of nature, such as biodiversity, species and habitats. (shrink)

This paper addresses the problem of ‘premature consent’. The term ‘premature consent’ denotes patient decisions that are: formulated prior to discussion with the appropriate healthcare professional ; based on information from unreliable sources ; and resolutely maintained despite the HCP having provided alternative reliable information. HCPs are not obliged to respect premature consent patients’ demands for unindicated treatments. But why? What is it that premature consent patients do or get wrong? Davis has argued that premature consent patients are incompetent and (...) misinformed. We argue that this view is not sustainable. A more plausible position asserts that premature consent threatens the integrity of the medical profession. We argue that this gives rise to a negative patient duty which premature consent patients fail to honour. We argue for a further positive duty of good faith engagement in shared decision-making. This implies willingness to potentially revise or justify one’s evaluative bases. Fundamentally, the problem with premature consent patients is that certain of their evaluative bases are not open to revision. They therefore fail in their duty to participate faithfully in the shared decision-making process. (shrink)

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

Humans have a fundamental need to belong. This, need, as Kimberley Brownlee argues in her book Being Sure of Each Other grounds the human right against social deprivation. But in addition to having a human right against social deprivation, we also have a right to associational freedom, which is grounded in our right to autonomy. We cannot be forced into relationships; we are free to choose our friends and loved ones.? In this paper I discuss what our right to (...) associational freedom morally permits us to do when are already in an intimate relationship and, relatedly, what our relationship-dependent duties require of us in such cases. What exactly are the constraints on our right to associational freedom? And what is the content and scope of our relationship-dependent duties, given that our right to associational freedom conflicts with the fulfillment of these duties?? After providing some clarifications as to how we should understand intimate relationships that have ended, I will first highlight what relationship-dependent duties are and how they correlate with a right to associational control. I will then discuss several break-up scenarios, the aim of which is to determine the conditions that justify constraints being imposed on the right to associational freedom and to delineate the scope of relationship-dependent duties. (shrink)

Henry Sidgwick sought to interpret F.H. Bradley’s ethics, as presented in Ethical Studies, in fundamentally Aristotelian terms. Sidgwick “found it ‘natural’ to think of self-realization as the ‘realization or development into act of the potentialities constituting the definite formed character of an individual’.” In this paper, I want to demonstrate that, rather than giving the work of Bradley an Aristotelian interpretation, as Sidgwick sought to do, one should focus on studying the Hegelian influences on and the historicist aspects of Ethical (...) Studies. Bradley’s account of the self to be realized is far from approaching Aristotle’s account. First of all, Bradley never speaks in terms of actual and potential character, and he certainly would not accept Sidgwick’s claim that the potentialities constitute the definite formed character of an individual. There is nothing Aristotelian in Bradley’s talk of history and evolution, nor in his holistic doctrine of ethical relativism. (shrink)

This collection of essays contains revised versions of papers delivered at a conference entitled “Duty, Interest, and Practical Reason: Aristotle, Kant, and the Stoics” that was organized by Stephen Engstrom and Jennifer Whiting at the University of Pittsburgh in 1994. One of the main aims of the conference was to bring together scholars on Aristotle, the Stoics, and Kant to reevaluate the common view that Greek and Kantian ethics represent fundamentally opposed conceptions of ethical theory and the roles of morality (...) and happiness in practical reasoning. According to a common view, the ancients are eudaimonists; they derive or justify the virtues by showing how they contribute to the agent’s own eudaimonia or happiness. By contrast, Kant sharply criticizes eudaimonism for deriving or justifying morality in terms of happiness. This criticism applies to eudaimonism of all sorts, even Stoic eudaimonism, which is perhaps closer in some respects to Kant’s own views, and of which he is somewhat less critical than he is of other forms of eudaimonism. For Kant, moral duty and respect for the moral law must be grounded in reason itself and cannot be made to depend on any independent standard. These and related assumptions about ancient and Kantian ethics have helped structure much contemporary systematic work in ethical theory, as well as common conceptions of these ethical traditions. But this common view has been under reexamination lately; some of the most interesting work in the history of ethics in recent years has been in Greek and Kantian ethics, and much of it challenges one or another aspect of the received view of the ethical theory and moral psychology of Kant or the Greeks. However, with some exceptions, renewed interest and recent work in these two traditions has proceeded in parallel. The conference aimed to correct this, by bringing together some of the most distinguished scholars of ancient and modern ethics to compare and assess the role of moral duty and happiness in the two traditions. Most of the essays have such a comparative assessment as their main theme; but even those that focus more exclusively on one of the traditions contribute indirectly to this comparative assessment. (shrink)

We were slightly concerned, upon having read Eric Winsberg, Jason Brennan and Chris Surprenant’s reply to our paper “Were Lockdowns Justified? A Return to the Facts and Evidence”, that they may have fundamentally misunderstood the nature of our argument, so we issue the following clarification, along with a comment on our motivations for writing such a piece, for the interested reader.

An act that accords with duty has moral worth if and only if the agent’s reason for performing it is the same as what would have motivated a perfectly virtuous agent to perform it. On one of the two leading accounts of moral worth, an act that accords with duty has moral worth if and only if the agent’s reason for performing it is the fact that it’s obligatory. On the other, an act that accords with duty has moral worth (...) if and only if the agent’s reason for performing it is the fact that it has that feature of obligatory acts that makes them obligatory. I argue that both views are incorrect, providing counterexamples to each. I then argue that, on the correct account, an act can have moral worth only if its agent is motivated out of a fundamental concern for the things that ultimately matter. (shrink)

In his new book, The Grammar of Criminal Law: American, Comparative, and International, celebrated criminal law theorist George Fletcher excavates criminal law doctrine across a number of countries and cultures to reveal a small number of basic shared structures. Among these structures Fletcher argues that it is a criminal law justified by Kantian legal morality, in contrast to perfectionist or communitarian theories, that is legitimate. Thus, Fletcher proposes, along with legal positivists, that the validity of legal norms does not turn (...) on the moral claims that may underlie a perfectionist or virtue theory of law. Fletcher's claims about the shared structure of law do more than propose an analytical model of valid criminal law. Most importantly, Fletcher draws attention to the often under explored normative implications of proposed models of law in analytical jurisprudence. Virtue theories of law challenge Fletcher's view of legitimate criminal law by proposing a fundamentally different jurisprudential model of valid law. Rather than liberalism's commitment to preserving autonomy or the neutrality of the state as primary, virtue theories forward competing models of law grounded in preserving sound practical reason or the promotion of human flourishing. And while these models find a distinct and mediated role for morality to play in the determination of legitimate law, they ultimately deny Fletcher's claim that morality cannot be incorporated into law without being referenced by the law and that our political commitments must precede our moral commitments. This article places Fletcher's model of criminal law within the positivist jurisprudential landscape and connects that model of law to Kantian legal duties. The piece then explores the particular resources virtue theories of law forwarded by Lawrence Solum and Kyron Huigens have to address the role of political concerns within a virtue theory of law. It examines whether a sophisticated virtue theory finds a place for political concerns that are sufficient to defeat liberal philosophical critiques and undermine Fletcher's claims for criminal law. More importantly, rather than simply exploring the competing jurisprudential models, this article explores the important normative commitments that stem from competing jurisprudential models. Ultimately, the article concludes that understanding certain factors about the very nature of law generally and criminal law particularly leads one to affirm Fletcher's claims and limits the justification of law to our deontic duties. (shrink)

This major collection of essays offers the first serious challenge to the traditional view that ancient and modern ethics are fundamentally opposed. In doing so, it has important implications for contemporary ethical thought, as well as providing a significant re-assessment of the work of Aristotle, Kant and the Stoics. The contributors include internationally recognised interpreters of ancient and modern ethics. Four pairs of essays compare and contrast Aristotle and Kant on deliberation and moral development, eudaimonism, self-love and self-worth, and practical (...) reason and moral psychology. The final pair of essays introduces the Stoics as an example of how the apparently antithetical views of Aristotle and the Stoics might be reconciled. (shrink)

This paper focuses on the issue of justice as a challenge facing business and society. I advance a simple deductive argument based on two premises. The first emerges out of theories of justice and holds that fairness, as a foundational basis for justice, demands impartiality or the avoidance of bias. The second emerges out of fiduciary law and holds that the duty of loyalty owed by managers to serve the interests of investors is fundamentally partial or biased. The conclusion is (...) the troubling fact that the fiduciary duty of loyalty owed by managers to serve the interests of investors appears to be incompatible with the demands of justice. Having presented this, I describe the impartiality tools of Rawls’ veil of ignorance and Adam Smith’s impartial spectator and discuss how these might be applied in this context. I speculate that while Smith’s impartial spectator is absolutely incommensurable with managers’ fiduciary duty of loyalty, Rawls’ veil of ignorance might be used to imagine a synthesis between this duty of loyalty and the impartiality demands of justice – in theory at least. And finally, as a parting shot, I wonder whether the real “Leadership Challenge that Matters” isn’t the gap between theory and reality. (shrink)

This paper argues that the type of conscience claims made in last decade’s spate of cases involving pharmacists’ objections to filling birth control prescriptions and cases such as Ms. Means and Mercy Health Partners of Michigan, and even the Affordable Care Act and the Little Sisters of the Poor, as different as they appear to be from each other, share a common element that ties them together and makes them fundamentally different in kind from traditional claims of conscience about which (...) a practical consensus emerged in the 1980s and 1990s. This difference in kind is profoundly significant; so much so, we contend, that it puts them at odds with the normative basis for protecting conscience claims in United States health care settings in the first place, making them illegitimate. Finally, we argue that, given the illegitimacy of these contemporary claims of conscience, physicians and other health professionals must honor their well-established standing obligations to provide informed consent and refer or transfer care even if the service requested or needed is at odds with their own core moral beliefs—a requirement that is in line with the aforementioned practical consensus on traditional claims of conscience. (shrink)

The article traces origins of the contradiction that calls into being the polemics on the moral status of duties to close persons. Special obligations are created by the unique life narrative of an actor that makes different recipients of her actions more or less distant. Those who are less distant are “close ones.” Those who are more distant are “strangers.” The basis of this distance can be different: individual sympathy, consanguinity, belonging to cultural, territorial and political communities. Special obligations (...) presuppose that the preferential treatment of “close ones” is not only permissible but obligatory. This feature of moral duties to close persons makes moral philosophers suspicious because they are prone to endow moral requirements with two interrelated properties: universality and the high level of generality. The main reason for this is that the typical moral duty is a duty of every human being to another human being without any further qualifications. Against the background of such duties, any preference to close persons looks like the breach of moral equality and manifestation of impermissible partiality. Though, common moral beliefs persistently include special obligations in the whole system of moral duty. R. Goodin thinks that they have a priority over positive general duties and yield to negative general duties. The empirical researches of moral evaluations which reviewed in this article in general confirm this conclusion. The ethical theory cannot ignore fundamental features of common moral beliefs. That is why it is doomed to look for ways of reconciling the moral equality and impartiality with the preferential treatment of close persons embedded into special obligations. (shrink)

An important part of the debate over physician-assisted suicide concerns moral duties that are specific to physicians. It is sometimes argued that physicians, by virtue of special commitments rooted in the nature of their profession, may never intentionally kill a patient, and that therefore, whether or not assisted suicide may be justifiable, it can never be right for a physician to take part in such an act. I examine four types of argument that have been offered in support of (...) this conclusion, and find that none succeeds. Each attempts to show why the duty to conserve life must be unconditional for physicians, yet a consideration of the ways in which contemporary medicine has evolved shows that such a duty is now no more fundamental to the profession than a duty to relieve suffering, which may in some cases override it. (shrink)

This study addresses the social aspect of the duty of pilgrimage through the documentation method based on sociological perspective. The aim of this paper is to determine the social gains of people through the pilgrimage. Religion is an phenomenon that people need in every aspect of their daily life. Because religion is one of the phenomenon that deeply affect the individual and society. The pilgrimage, which is one of the sociological expressions of religion, and maintains its existence in the form (...) of creed, worship and religious community, is instrumental in strengthening and consolidating the faith and feeling the feelings of brotherhood. For instance; spiritual fundamentals of integration are based on Quran by means of worships such as salaat, fasting and alms with the pilgrimage as well as the messages serving as guidance for socio-cultural integration. In accordance with this, worships, with its psychological effects, lead people to attain social aspects such as brotherhood, solidarity, protecting each other, enduring and overcoming distresses together, accomplishing societal sharing by meeting on the common ground of benefaction in the establishment and subsistence of the Islamic community. The pilgrimage, on that sense, is required to have its principal qualification once more in where the historical, social, political and economic issues of the Islamic world are discussed and solutions addressing such issues are delivered accordingly. Therefore, the pilgrimage is not expected to only affects the individuals, families, groups but also regulates the national and transnational lives of societies. (shrink)

In his 2014 paper entitled “Reason, Rationality and Fiduciary Duty”, Lydenberg ventures into the field of the moral and political philosophy dealing with distributive justice in search of fresh perspectives on fiduciary duty. Simply by doing this, Lydenberg makes the very important contribution of drawing a little more attention to the potential that this huge field of study might have in relation to understanding socially responsible investment. There are however difficulties with Lydenberg’s paper. I describe three in particular that I (...) believe warrant critical attention. The first emerges out of Lydenberg’s treatment of the central concepts of reasonableness and rationality. The second lies in his apparent suggestion that at some earlier time fiduciary duty was somehow more generally other-considering than it is today. And finally, the third is associated with the place that impartiality occupies in Lydenberg’s storyline, and the implications of this in terms of his call for a reconciliation between reasonableness and rationality. This critical scrutiny clarifies theoretical and practical implications of the transition Lydenberg is suggesting. In doing this, it makes the realization that what Lydenberg is attempting is more than likely nothing short of resolving “The fundamental problem of ethics and politics” in the specific context of fiduciary action. (shrink)

The United Nations Educational, Scientific and Cultural Organization's Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human (...) rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico-legal conceptual analogues for human rights and communal responsibility, ḥuqūq al-’ibād and farḍ al-kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico-legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico-legal values might inform the discursive outputs of Muslim organizations. (shrink)

This essay examines the fundamental role of veterinarians in companion animal practice by developing the idea of veterinarians as strong advocates for their nonhuman animal patients. While the practitioner-patient relationship has been explored extensively in medical ethics, the relation between practitioner and animal patient has received relatively less attention in the expanding but still young field of veterinary ethics. Over recent decades, social and professional ethical perspectives on human-animal relationships have undergone major change. Today, the essential role of veterinarians (...) is not entirely clear. Furthermore, veterinarians routinely face pressure, often insidious, to refrain from pursuing their patients’ vital interests. In exploring the concept of strong patient advocacy, this essay investigates the increasingly common suggestion that veterinarians have ‘primary obligation’ and ‘first allegiance’ to their animal patients rather than to other parties, such as their clients or employers. The related concept of a fiduciary duty, which is sometimes encountered in medical ethics, is similarly explored as it applies to companion animal practice. The resultant idea of a strong patient advocate places companion animal veterinarians conceptually and ethically close to human health professionals, not least pediatricians. (shrink)

One aspiration of an analytic jurisprudential theory is to provide an account of how legal obligations arise, including the legal obligation of judges to apply only legally valid norms when adjudicating cases. Also, any fully adequate theory should enable a solution to a ‘chicken-egg’ puzzle regarding legal authority: legal authority can exist only in virtue of rules that authorize it, but such rules require a legal authority as their source. Which came first? This article argues that it is difficult to (...) see how a particular type of positivist theory (featuring a fundamental norm that plays certain roles) can solve the puzzle and also account for the aforementioned adjudicative duty. The challenge can be framed in terms of the need to be able to derive a legal ‘ought’ (applying to courts) from only ‘is’-statements expressing social facts, where the requisite derivation cannot rely on what John Searle has called ‘institutional facts’. (shrink)

My discussion will focus on Simester’s overall analysis of the “general part” of criminal law theory, setting aside the book’s rich and careful analyses of many specific topics. Quite rightly, in my view, Simester wishes to emphasize criminal law’s prohibitions, and their moral as well as legal importance. My criticism is that Simester runs together moral and legal categories in a way that distorts both. Simester grounds lawful punishment in a specific notion of moral culpability. In my view, this moralized (...) interpretation of the general part places the wrong sort of focus on defendants and edges victims from view. We make better sense of criminal responsibility if we focus on the state’s duty to uphold rights and to insist that no one get their way by force or fraud. This implies a more indirect concern with the moral failings that lead people to violate others’ rights. It also reminds us of an inherent danger of criminal law, one that has unfortunate echoes in the theoretical framing of the “general part”: how often it fails to do justice to victims. (shrink)

The first section of the Groundwork begins “It is impossible to imagine anything at all in the world, or even beyond it, that can be called good without qualification— except a good will.”1 Kant’s explanation and defense of this claim is followed by an explanation and defense of another related claim, that only actions performed out of duty have moral worth. He explains that actions performed out of duty are those done from respect for the moral law, and then culminates (...) the first section with a formulation of that law, “I ought never to act except in such a way that I could also will that my maxim should become a universal law”. Kant dubs this fundamental principle of morality “the Categorical Imperative”. (shrink)

Many international declarations state that human beings have a human right to health care. However, is there a human right to health care? What grounds this right, and who has the corresponding duties to promote this right? Elsewhere, I have argued that human beings have human rights to the fundamental conditions for pursuing a good life. Drawing on this fundamental conditions approach of human rights, I offer a novel way of grounding a human right to health care.

After two years of discussions and revisions, the World Anti-Doping Agency (WADA) published the 2021 World Anti-Doping Code on June 16, 2020. Among the most significant additions to this iteration of the Code was the inclusion of new categories of athletes subject to differential treatment by WADA, including the “protected person” category. In this paper, we examine the recent case of figure skater Kamila Valeryevna Valieva, the first athlete given differential treatment due to her being categorized as a “protected person.” (...) We apply a relational justice framework to the case to provide a nuanced, descriptive analysis of the case generally, and the application of the “protected person” category in particular.We first describe details of the athlete, her performances and anti-doping rule violation, and the “protected person” category, to provide context. We then describe and analyze the relations between several institutional actors, principally WADA and the International Court for the Arbitration of Sport (CAS), the athlete and her team, and other figure skating athletes at the Beijing Winter Olympic Games. To do so, we use two concepts of justice, conservative and ideal, and their component parts, entitlement, desert, and need.Our description and analyses demonstrate that (1) WADA’s notions of justice are essentially conservative, while CAS acted toward more ideal notions, creating a fundamental disagreement in what was owed and to whom. We show (2) that CAS’ decision may have nonetheless caused harm to the athlete, raising questions about the efficacy and capability of the “protected person” category. Finally, (3) our analyses show the influence that notions of justice necessarily have these actors shape each other, thus change the sporting institutions and activities themselves. (shrink)

Iris Murdoch’s interpreters have often tried to read her as putting forward an alternative form of ethical foundationalism. On this reading, Murdoch is taken to be proposing ‘loving attention’ or ‘the Good’ as a fundamental moral principle that would play the same unifying role as the principle of utility or the categorical imperative. Here, I argue that a careful reading of chapter 17 of Metaphysics as a Guide to Morals shows that the foundationalist reading is untenable. Murdoch, I suggest, (...) is better understood as a methodological descriptivist. She is not simply offering us an alternative moral theory, but a radically different approach to the business of moral philosophy itself. (shrink)