According to an influential view about directed expressive duties (e.g., duties to express gratitude to benefactors, remorse to victims, forgiveness to wrongdoers), these duties do not have rights as their correlates, because they are not demandable and enforceable. The chapter argues that this view is mistaken. Like other directed duties, directed expressive duties are demandable and enforceable. While this does not entail that these duties have rights as their correlates, it does create (...) a strong presumption of this being the case. This shifts the burden of proof from those who hold that expressive duties correlate with rights to those who deny it. (shrink)

If any action is to be morally good it is not enough that it should conform to the moral law-it must also be done for the sake of the moral law: where this is not so, the conformity is only too contingent and precarious, since the nonmoral ground at work will now and then produce actions which accord with the law, but very often actions which transgress it.

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)

Stephanie Collins’ Group Duties offers interesting new arguments and brings together numerous interconnected issues that have hitherto been treated separately. My critical commentary focuses on two particularly original and central claims of the book: (1) Only groups that are united under a group-level decision-making procedure can bear duties. (2) Attributions of duties to other groups should be understood as attributions of “coordination duties” to each member of the group, duties to take steps responsive to the (...) others with a view to the group’s φ-ing or express willingness to do so. In support of the first claim, Collins argues that only groups that can make decisions can bear duties, and that the ability to make decisions requires the relevant sort of decision-making procedure. I suggest that both parts of this argument remain in need of further support. I furthermore argue that Collins’ account of coordination duties gets certain kinds of cases wrong, and suggest that attributions of duties to groups without decision-making procedures are more plausibly understood as attributing shared duties. (shrink)

This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I (...) argue that this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others. (shrink)

The aim of the paper is to shed light on some of the most original elements of Fichte’s conception of morality as expressed in his account of specific obligations. After some remarks on Fichte’s original classification of ethical duties, the paper focuses on the prohibition of lying, the duty to communicate our true knowledge, and the duty to set a good example. Fichte’s account of those duties not only goes beyond the mere justification of universally acknowledged demands, but (...) also deploys different arguments than his contemporaries, most notably Kant. Fichte thereby sketches a conception of morality in which the agent is crucially required to contribute to the morality of others. The chapter explores the contrast between Fichte’s view and Kant’s thought of an end in itself and suggests that Fichte’s view of morality amounts to a form of normative perfectionism that is qualified by the underlying claim of the agent-neutral character of moral demands. (shrink)

Infant feeding decisions are highly emotionally charged. I argue elsewhere that many problems surrounding infant feeding decisions result from a moralized context created by mistakes in our assumptions about maternal duties including the mistaken assumption that mothers have a defeasible moral duty to breastfeed. Mothers have a reason, but not a moral duty to breastfeed. Even those who are convinced by my argument in the case of full-term babies, might find it harder to accept in the case of premature (...) babies. It might seem that mothers do have a defeasible moral duty to breastfeed or, as is more likely to be appropriate in such cases, to express breastmilk. Here, I explain why preterm neonates present a tricky case for the right not to breastfeed. I show why, nonetheless, moral pressure for mothers to express breastmilk in the neonatal unit is neither permissible nor pragmatically advisable. I argue that instead we should address structural barriers to providing breastmilk and support donor milk initiatives. (shrink)

Drawing from moral foundations theory, we show that differences in sensitivity to distinct moral norms help explain differences in the perceived fairness of punishing employees for off-duty deviance. We used an initial study to validate realistic examples of non-criminal behavior that were perceived as violating a specific moral foundation. Participants in the main study evaluated scenarios in which co-workers were fired for those behaviors, which took place outside of work but were revealed via social media. The extent to which participants (...) valued the norm violated by the co-worker positively predicted perceived fairness of the firing, and negatively predicted expressed intent to take retributive action against the responsible manager. This effect was moderated by the presence of a pre-existing organizational policy regarding off-duty conduct, which uniformly decreased negative reactions to the firing. Because social media now makes the revelation of an employee’s off-duty behavior to a broad audience increasingly likely, our results suggest the importance of developing an approach for responding to employee off-duty deviance while highlighting the relevance of moral pluralism to the study of third-party reactions. (shrink)

The literature on reparative justice focuses for the most part on the grounds and limits of wrongdoers' duties to their victims. An interesting but relatively neglected question is that of what - if anything - victims owe to wrongdoers. In this paper, I argue that victims are under a duty to accept wrongdoers' apologies. To accept an apology is to form the belief that the wrongdoer's apologetic utterance or gesture has the requisite verdictive, commissive and expressive dimensions; to (...) communicate as much to him; and to recognise that his apology changes one's normative status in relation to him, and to comport oneself accordingly. I then offer a Kantian argument for the duty to accept and qualify that argument in the light of some hard cases. I end the paper by addressing the objection that victims do not owe it to wrongdoers to engage in any form of reparative encounter. (shrink)

AimTo examine the views of Guinean lay people and healthcare providers regarding the acceptability of HCPs’ refusal to provide care to Ebola patients.MethodFrom October to December 2015, lay people and HCPs in Conakry, Guinea, were presented with 54 sample case scenarios depicting a HCP who refuses to provide care to Ebola patients and were instructed to rate the extent to which this HCP’s decision is morally acceptable. The scenarios were composed by systematically varying the levels of four factors: the risk (...) of getting infected, the HCP’s working conditions, the HCP’s family responsibilities and the HCP’s professional status.ResultsFive clusters were identified: 18% of the participants expressed the view that HCPs have an unlimited obligation to provide care to Ebola patients; 38% held that HCPs’ duty to care is a function of HCPs’ working conditions; 9% based their judgments on a combination of risk level, family responsibilities and working conditions; 23% considered that HCPs do not have an obligation to provide care and 12% did not take a position.ConclusionOnly a small minority of Guinean lay people and HCPs consider that HCPs’ refusal to provide care to Ebola patients is always unacceptable. The most commonly endorsed position is that HCPs’ duty to provide care to Ebola patients is linked to society’s reciprocal duty to provide them with the working conditions needed to fulfil their professional duty. (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)

This chapter offers a plea for the media to reframe its coverage of campus controversies from free expression to academic freedom. These freedoms are entwined, but distinct. Freedom of expression is extended to all persons with no expectation of quality control, apart from legal prohibitions against defamation, threats, etc. By contrast, academic freedom is a cluster of freedoms afforded to scholarly personnel for a particular purpose – namely, the pursuit of universities’ academic mission to seek truth and advance understanding in (...) the service of society. An academic freedom framing better reflects the distinctive social purpose around which universities are organized, as well as universities’ duty of care to employees and students. While universities have a legal and moral duty of care to all employees and students, the unjust, exclusionary past and present of higher education arguably makes that duty particularly acute in the case of equity-deserving (e.g., racialized, Indigenous, disabled or 2SLGBTQ+) people. Finally, academic freedom framing for campus media stories is less monolithic than free expression framing, allowing for a more nuanced understanding of campus controversies while keeping universities accountable to the public they serve. In this chapter, I survey three very different campus controversies at a single Canadian university, and the media response each received. I show how an academic freedom frame for those stories would have produced better reportage while reducing opportunities for bad actors to manipulate both universities and the media. At the end of the day, the real crisis at universities isn’t the cancellation of ill-judged events that were never a part of the academic mission; it is the ongoing erosion of academic freedom. (shrink)

A collection of 17 essays on Kantian moral theory and practical ethics, including papers on autonomy, human dignity, utopian thinking, O'Neill and Rawls on constructivism, tragic choices, philanthropy, conscientious object, suicide, respect, self-respect, and an ideal attitude of appreciation beyond art, nature, and gratitude. TABLE OF CONTENTS Abbreviations for Kant’s Works INTRODUCTION PART II: KANT AND KANTIAN PERSPECTIVES (1) The Groundwork (2) Kant on Imperfect Duties to Oneself (3) Kantian Autonomy and Contemporary Ideas of Autonomy (4) Rüdiger Bittner on (...) Autonomy (5) Kantian Perspectives on the Rational Basis of Human Dignity (6) In Defense of Human Dignity (7) The Kingdom of Ends as an Ideal and Constraint on Legislation (8) Kantian Ethics and Utopian Thinking (9) Varieties of Constructivism PART II: PRACTICAL ETHICS (10) Human Dignity and Tragic Choices (11) Duties and Choices in Philanthropic Giving: A Kantian Perspective (12) Killing Ourselves (13) Conscientious Conviction and Conscience (14) Stability, A Sense of Justice, and Self-Respect (15) Two Conceptions of Virtue (16) Beyond Respect and Beneficence: An Ideal of Appreciation (17) Ideals of Appreciation and Expressions of Respect REFERENCES INDEX . (shrink)

A number of viable ethical theories allow for the possibility of duties to oneself. If such duties exist, then, at least sometimes, by treating ourselves badly, we wrong ourselves and could rightly be held responsible, by ourselves and by non-affected third parties, for doing so. Yet, while we blame those who wrong others, we do not tend to, nor do we think ourselves entitled to blame people who treat themselves badly. If we try, they might justifiably respond that (...) it is none of our business. This disanalogy might be thought of as a reason for skepticism about duties to oneself. It allegedly indicates that self-inflicted harm, while irrational, is not immoral. In this paper, I argue that this disanalogy is deceptive. First, it relies on the unjustified assumption that our response to someone treating herself badly consists solely in a judgment that she is being irrational or foolish, which is incompatible with leading views about what constitutes blame. Second, the objection fails to recognize that third-party blame is positional: in some contexts, it is inappropriate for a third party to express blame just because of her position as a third party. (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)

Despite its somewhat marginal occurrence, unattainability has been acknowledged as a genuine problematic element for the semantic analysis of modal constructions, particularly for those expressing desires (Heim in J Semant 9(3):183–221, 1992; Portner in Nat Lang Semant 5(2):167–211, 1997). However, considerably less attention has been given to unattainable duties. In this article, I suggest that just as worlds that are deemed desirable are not necessarily linked to worlds considered candidates for actuality, some circumstantial arrangements allow for obligational expressions the (...) semantics of which evoke worlds that are deemed obligatory yet unattainable. As I will show, a careful examination of unattainable duties constructions reveals some unexplored semantic aspects of obligational ascriptions that are particularly relevant for the development of both X-marking and modal-tense interaction theories. This article provides a philosophical and linguistic account of the meaning and use of such constructions. (shrink)

In his paper ‘The truth behind conscientious objection’ Nir Ben-Moshe develops a new approach aimed at justifying conscientious objection without relying on respect of moral integrity of the conscientious objector or tolerance towards her moral views.1 According to Ben-Moshe, the problem with justifications of CO based on moral integrity and tolerance is that ‘truth of conscience’s claims is irrelevant to their justification’. He argues, to the contrary, that whether the claims of the conscientious objector are true or false makes a (...) difference in assessing whether their objection is justifiable or not. He goes on explaining that someone’s CO can be justified if it can be proved that ‘conscience can express true moral claims’. Ben-Moshe then proceeds to explain how one can determine true moral claims. He develops an account of conscience that is modelled on that of Adam Smith. In particular, he uses the idea of the ‘impartial spectator’ to show how a true claim of conscience can emerge after careful thinking from the point of view of an impartial perspective. So, if the healthcare practitioner wants to object to a certain medical procedure after considering the issue at hand from the moral standpoint of such impartial spectator, then her claims of conscience are true (or …. (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)

This article engages with Jaffey's recent contribution on the nature of no-prior-duty remedial obligations. Jaffey's use of a right-liability relation and his challenge to Hohfeld's analytical scheme are rejected as unsound. An alternative model distinguishing three pathways to account for remedial obligations and other legal consequences is proposed. This draws on the Hohfeldian scheme but extends it to permit the full expression of reflexive liabilities, mutually correlative liabilities, and the operation of nonhuman conditions. The proposed approach also recognizes a weaker (...) form of a Hohfeldian power, which is required in considering the way that the law deals with the allocation and realization of risk. (shrink)

Perioperative nurses assist in organ procurement surgery; however, there is a dearth of information of how they encounter making conscientious objection requests or refusals to participate in organ procurement surgery. Organ procurement surgical procedures can present to the operating room ad hoc and can catch a nurse who may not desire to participate by surprise with little opportunity to refuse as a result of staffing, skill mix or organizational work demands. This paper that stems from a larger doctoral research study (...) exploring the experiences of perioperative nurses participating in multi‐organ procurement surgery used a grounded theory method to develop a substantive theory of the nurses’ experiences. This current paper aimed to highlight the experiences of perioperative nurses when confronted with expressing a conscientious objection towards their participation in these procedures. A number of organizational and cultural barriers within the healthcare organization were seen to hamper their ability in expressing a conscience‐based refusal, which lead to their reluctant participation. Perioperative nurses must feel safe to express a conscientious objection towards these types of surgical procedures and feel supported in doing so by their respective hospital organizations and not be forced to participate unwillingly. (shrink)

In contemporary debates on euthanasia, physician assisted suicide and withholding and withdrawing life prolonging treatments, besides commonly used reasons, which are based on presumption of freedom and avoidance of pain, there is also an idea of a duty to die. Given that individuals are also members of society, and that they have families and loved ones, it is necessary to discuss cases when illness causes severe burdens for lives of loved ones. We consider that patient’s just assessment of duty to (...) die can be legitimate candidate for justification of procedure of acceleration of death, taken care of necessary conditions of justified social support for patients and necessary aliment from family and society. In this paper we examine main features of duty to die thesis, extract objections, and offer guidelines for continued discussion. We also want to express the importance of establishing social circumstances and preconditions for protecting the individuals.U suvremenim raspravama o eutanaziji i liječnički potpomognutom samoubojstvu, te odustajanju od tretmana, osim uobičajenih razloga koji se temelje na slobodi i izbjegavanju patnje osobe koja traži ubrzavanje smrti, postoji i teza o dužnosti umiranja. S obzirom na to da je pojedinac ujedno i član zajednice, odnosno da ima obitelj i voljene, nužno je raspraviti o slučajevima kada bolest izaziva značajne teškoće za život njegovih bližnjih. Smatramo kako i pacijentova pravedna prosudba o dužnosti umiranja može biti legitiman kandidat za opravdanje postupaka ubrzavanja smrti, uz nužne preduvjete pravedne društvene podrške pacijentu i dužne skrbi od strane obitelji i društva. U ovom tekstu razlažemo osnovne značajke teze o dužnosti umiranja, izdvajamo prigovore i dajemo smjernice za nastavak rasprave te izražavamo važnost ustanovljavanja društvenih okolnosti i preduvjete za zaštitu pojedinaca. (shrink)

The role that the desire for self‐worth plays in international relations has become a prominent topic in contemporary political theory. Contemporary accounts are based on the notion of national self‐worth as a function of status; therefore, the desire for national self‐worth is seen as a source of anxiety and conflict over status. By contrast, according to Christian Wolff, there exists a duty to take care that both one's own and other political communities deserve to be esteemed. In his view, this (...) duty is grounded in the duty of self‐perfection because the qualities for which communities deserve to be esteemed are those that promote the self‐perfection of individuals. From this perspective, he argues that duties of esteem toward political communities should not be seen as an outcome of power relations but rather as an outcome of the fulfillment of functions of the law of peoples. Wolff's line of argument draws attention to the possibility that anger over a violation of the desire for honor could be mistaken for an expression of specific culture‐specific sensitivities, while what really may be expressed is a diverging interpretation of the implications of dependence in international relations. (shrink)

KANT is the foremost philosopher to have argued at length for there being moral duties to oneself, and he puts forward the most extensive list of such duties to be found in philosophical writings. Kant's most detailed statement of his views concerning duties to oneself is to be found in his late work, the Tugendlehre or Doctrine of Virtue, which forms the second part of his Metaphysic of Morals, that work for which the much more famous Grundlegung (...) was the foundational study. I shall confine my consideration of Kant entirely to the Tugendlehre, for his views there, at least concerning duties to oneself, represent only an amplification of ideas that he had expressed in earlier writings. (shrink)

The value of autonomy is generally stated to be of prime importance in relation to health care. Arising out of this, rights of the patient to and in health care have been extensively discussed and stated, and have found expression in law. There have been minimal statements of the rights of others involved in health care, such as caregivers, and minimal discussion of duties and responsibilities in relation to rights claimed and conferred. The author suggests that no claim to (...) rights in health care should now be accepted without consideration of related duties and responsibilities. (shrink)

Numerous grounds have been offered for the view that healthcare workers have a duty to treat, including expressed consent, implied consent, special training, reciprocity (also called the social contract view), and professional oaths and codes. Quite often, however, these grounds are simply asserted without being adequately defended or without the defenses being critically evaluated. This essay aims to help remedy that problem by providing a critical examination of the strengths and weaknesses of each of these five grounds for asserting that (...) healthcare workers have a duty to treat, especially as that duty would arise in the context of an infectious disease pandemic. Ultimately, it argues that none of the defenses is currently sufficient to ground the kind of duty that would be needed in a pandemic. It concludes by sketching some practical recommendations in that regard. (shrink)

This paper addresses an alleged paradox regarding gratitude—that a duty of gratitude is odd or puzzling if not paradoxical. The gist of our position is that in prototypical cases, gratitude expression falls under a distinctive deontic category we call morally expected—which has a corresponding contrary deontic category we call morally offensive. These categories, we maintain, need recognition in normative ethics to make proper sense of the moral status of gratitude expression and other morally charged restrictions on action, and likewise to (...) make proper sense of the moral status of failures to abide by such restrictions. We argue for our view largely on phenomenological grounds. (shrink)

Associative duties are agent-centered duties to give defeasible moral priority to our special ties. Our strongest associative duties are to close friends and family. According to reductionists, our associative duties are just special duties—i.e., duties arising from what I have done to others, or what others have done to me. These include duties to abide by promises and contracts, compensate our benefactors in ways expressing gratitude, and aid those whom we have made especially (...) vulnerable to our conduct. I argue, though, that reductionism faces a problem: special duties are not strong enough to account for the strength of our associative duties. At the bar of associative duties, we are required to do what no special duty can warrant. I then present an alternative reductionist analysis of associative duties—the ‘Identity-Enactment Account’—which not only accounts for the peculiar strength of our associative duties, but also characterizes them in an intuitively compelling way. On this account, our strongest associative duties are special duties to protect or promote the welfare of the duty’s beneficiary by adopting and enacting a practical identity in which the duty’s beneficiary features prominently. There are persons who can legitimately demand a prominent place in our mental lives, for the protection and intimacy it affords. They can, in effect, legitimately demand to be among our nearest and dearest. The correlative of such a demand is, on our part, an associative duty we have toward them. (shrink)

Assuming an international commitment to intervene in severe and urgent humanitarian emergencies, as expressed by the doctrine ‘The Responsibility to Protect’, I discuss two objections that the duty to intervene is nonetheless a duty that is easily limited by other moral considerations. One objection is that this duty will exceed the reasonable limits of any obligation given the high personal cost of intervention. The other objection is that any duty to intervene will be an imperfect duty, and therefore not a (...) duty that is ascribed to and demandable of any specific actor. I will argue that these objections do not undermine the principle of the responsibility to protect. (shrink)

Stimulated by Hugh Upton's recent article in this journal, in which he argues that there can be a moral duty to cheat in games, I attempt to examine his claims. Much of what he writes revolves around examples from two sports, cricket and rugby, and with differing connections to those games' rules. While the example from cricket is said to involve a breach of the spirit of that game, it is contravention of the written rules of rugby on which the (...) latter part of Upton's case focuses. Given limited space I concentrate on the cricketing example, but several of the points I make about that apply also to when rule-breaking itself is involved. My conclusions express doubts about whether a case for a moral duty to cheat in games has been established. (shrink)

This chapter contains sections titled: Mill on Liberty Khomeini v. Rushdie Fukuyama Giving Up on the Arab World The Limits of Free Speech The Deontological and Utilitarian Justifications for Free Speech Clifford on the Duty to Critique Freedom of Speech and Philosophers on the Index Intolerance not Restricted to Islam Giniewski v. France Freethought under Fire People Are not Being Insulted for Having a Religion Racism without Race Social Criticism not Identical with the Urge to Provoke Flemming Rose on Why (...) He Published the Danish Cartoons The Theory of Evolution: Too Controversial to Defend? Is There Another Way to Discover the Truth than by Free Discussion? (shrink)

Starting from the observation that the deterioration of democratic communication is a political problem that requires individual and collective, private and public, actions, I first defend a baseline duty to avoid using expressions that conventionally show a disrespectful attitude toward targeted groups. Then, I develop a set of guidelines that can guide political theorists in distributing additional duties that respect the situated agency of different individuals. I propose two normative constraints (capacity-to-act and influence) that should influence how theorists assign (...) duties. Then, I present three criteria (pointless, antisocial, and lawfulness) to specify the content in a context-sensitive way. (shrink)

Rights and duties to will to believe have too long been considered an embarrassing indulgence by philosophers who pride themselves on their methodological rigor. A fresh look at William James's work will show how a more robust, though no less analytically rigorous, ethics of belief is possible.The history of James's ethics of belief is a stormy one, filled with mainly hostile criticisms on the part of others, with seminal suggestions, gropings, and retractions on the part of James himself. At (...) various points in the development of this ethics of belief, one encounters such expressions as “duty to believe,” “will to believe,” and “right to believe,” the last gaining prominence as James grew older. (shrink)

The idea behind expressivism as a philosophy of ethics faces a number of different challenges, and has a number of different choices to make as it tries to meet them. Perhaps the first is to specify what is the primitive of the theory, which will be something that is expressed, and is usually identified as a state of mind. Later in this paper, I shall suggest caution about this, but for the moment we can go along with it. Emotion was (...) one suggestion, prescriptions are another, desires of various orders are candidates, but I prefer the less specific term ‘attitude’. One might ask why we should not go with the equally general term ‘belief’. The answer derives from the second challenge, which queries whether we have actually managed to locate a primitive suited to play its role in a substantive theory. This in turn depends on what exactly the substantive theory is trying to do, so we need to sketch an answer to that first. The need is more pressing since for some time now there have been theorists who have more or less explicitly turned their backs on the whole idea of ‘metaethics’ or theory of ethics, supposing that the only questions that should bother the philosopher come from within first-order practice, as we try to articulate our standards, to rank obligations and duties, or to relate those to utility and virtue. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the (...) views concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

Patients are usually granted autonomy rights, including the right to consent to or refuse treatment. These rights are commonly attributed to patients if they fulfil certain conditions. For example, a patient must sufficiently understand the information given to them before making a treatment decision. On the one hand, there is a large group of patients who meet these conditions. On the other hand, there is a group that clearly does not meet these conditions, including comatose patients or patients in the (...) late stages of Alzheimer’s disease. Then there is a group of patients who fall into the range in between. At the lower end of this range are so-called ‘marginal agents,’ which include young children and patients in the middle stages of Alzheimer’s disease. They also do not meet the typical requirements for autonomy, which is why they are usually granted fewer autonomy rights. However, some of them are capable of ‘pre-forms’ of autonomy that express what is important to them. These pre-forms differ from mere desires and reflect the identification/authenticity condition of autonomy. They have something in common with autonomous attitudes, choices, and actions – namely, they express the _value_ of autonomy. As I will argue, autonomy is a value worthy of protection and promotion – even in its non-reflexive forms. Against this background, it becomes clear _why_ we have autonomy duties, more precisely positive, autonomy-enabling duties, towards marginal agents and why we should give them as much attention as autonomy duties towards competent patients. (shrink)

While contemporary accounts understand esteem and self-esteem as essentially competitive phenomena, early modern natural law theorists developed a conception of justified esteem and self-esteem based on naturally good character traits. This article explores how such a normative conception of esteem and self-esteem is developed in the work of Christian Wolff. Two features make Wolff’s approach distinctive: He uses the analysis of common notions that are expressed in everyday language to provide a foundation for the aspects of natural law on which (...) his conception of natural duties of esteem depends. He develops a non-competitive conception of esteem and self-esteem into a cooperative conception, according to which enhancing the esteem in which others are held is seen as a tool for promoting self-perfection. Wolff’s ideas offer a solution to the well-known problems connected with competitive life-styles, and at the same time assign a central role in moral motivation to the desire of being esteemed and of having high self-esteem. Moreover, due to his emphasis on presenting a philosophical analysis based on common notions, he offers a solution that is meant to be persuasive from the perspective of everyday morality. (shrink)

Epistemic injustice is a kind of injustice that arises when one’s capacity as an epistemic subject is wrongfully denied. In recent years it has been argued that psychiatric patients are often harmed in their capacity as knowers and suffer from various forms of epistemic injustice that they encounter in psychiatric services. Acknowledging that epistemic injustice is a multifaceted problem in psychiatry calls for an adequate response. In this paper I argue that, given that psychiatric patients deserve epistemic respect and have (...) a certain epistemic privilege, healthcare professionals have a pro tanto epistemic duty to attend to and/or solicit reports of patients’ first-person experiences in order to prevent epistemic losses. I discuss the nature and scope of this epistemic duty and point to one interesting consequence. In order to prevent epistemic losses, healthcare professionals may need to provide some patients with resources and tools for expressing their experiences and first-person knowledge, such as those that have been developed within the phenomenological approach. I discuss the risk of secondary testimonial and hermeneutical injustice that the practice of relying on such external tools might pose and survey some ways to mitigate it. (shrink)

Conceptual engineering is the process of assessing and improving our conceptual repertoire. Some authors have claimed that introducing or revising concepts through conceptual engineering can go as far as expanding the realm of thinkable thoughts and thus enable us to form beliefs, hypotheses, wishes, or desires that we are currently unable to form. We call this kind of conceptual engineering heavy-duty conceptual engineering. As exciting as the idea of heavy-duty conceptual engineering sounds, it has never been developed or defended. In (...) this paper, we pursue a two-fold goal. First, to offer a theory of heavy-duty conceptual engineering that distinguishes it from other kinds of conceptual engineering; second, to show that heavy-duty conceptual engineering is possible, both in theory and in practice, and to explain how it can be pursued. The central idea is that conceptual engineering can enhance the semantic expressive power of a conceptual system by the use of bootstrapping processes. (shrink)

Hate speech (‘al-jahr bi’-sūʾ min al-qawlin the Qur’anic description) continues to be the subject of contentious debate. Arguably, the notion of “unregulated speech” in the liberal discourse encourages hate speech on the pretext of “defending” the right to freedom of speech. Islam recogniseshuman dignityas the underlying basis of all human rights and freedoms, including the right to freedom of speech. Here arise two core questions. First, is freedom of speech and expression an absolute right or has Islam imposed certainconditionson the (...) human agency while this right is exercised? Second, what do theseconditionsconcerning freedom of speech imply about the regulation of hate speech? I approach these questions by beginning with the introduction ofkaramahprinciple followed by an overview of theoretical conceptualisations of free speech in the Western context. Finally, the Islamic position on the subject is brought forth through the conceptual analysis of relevant Islamic texts. The article draws three conclusions. First, human dignity is the intrinsic condition that surpasses all rights and freedoms. Second, the idea of “unregulated speech” is controversial and has been a reason forharminghuman dignity and making the public discourse inimical to social order. Third, there should be a legal, moral and rational reconciliation between exercising ‘speech limitations’ and ‘free speech’ to ensure sustainable peace and social cohesion. (shrink)

ABSTRACTIn this article, I explore the complex and unappreciated relationship between the moral and political thought of Cicero and Adam Smith. Cicero’s views about justice, propriety, and the selfish love of praise find new expression in Smith’s Theory of Moral Sentiments. I illustrate the important ways in which Smith adopts – often without attribution – Cicero’s precepts and moral judgments. I then go on to demonstrate how Smith strips those Ciceronian conclusions from their original justifying grounds in teleology and natural (...) law. In their place, Smith injects his own psychology based in sentiments as a new account of why it is that we prefer virtue and justice to their opposites. By exploring this relationship, I hope to shed light on an important dynamic whereby modern thought has creatively adapted classical moral and political concepts. (shrink)

I apply Karl Popper’s conception of critical rationality to the question of personal fulfilment. I show that such fulfilment normally depends upon the person achieving positive freedom, and that positive freedom requires negative freedom, including freedom of expression. If the state has legitimacy, its central duty must be the enforcement of those rules that provide the best prospects for personal fulfilment for the people under its jurisdiction. The state is therefore morally debarred from suppressing freedom of expression. I consider and (...) rebut arguments from falsity, harm, offence, and democratic principles, which are intended to show that the state should prohibit the expression of some types of content. I go on to argue that typical university speech codes are incompatible with the aims of an institution of higher education. (shrink)

It is commonly assumed that many, if not most, adult children have moral duties to visit their parents when they can do so at reasonable cost. However, whether such duties persist when the parents lose the ability to recognise their children, usually due to dementia, is more controversial. Over 40% of respondents in a public survey from the British Alzheimer’s Society said that it was “pointless” to keep up contact at this stage. Insofar as one cannot be morally (...) required to do pointless things, this would suggest that children are relieved of any duties to visit their parents. In what appears to be the only scholarly treatment of this issue, Claudia Mills has defended this view, arguing that our duties to visit our parents require a type of relationship that is lost when parents no longer remember who their children are. This article challenges Mills’ argument. Not only can children be duty-bound to visit parents who have lost the ability to recognise them, I argue that many children do in fact have such duties. As I show, these duties are grounded in any special interests that their parents have in their company; the fact that visiting their parents might allow them to comply with generic duties of sociability; and/or the fact that such visits allow them to express any gratitude that they owe their parents. (shrink)

Shortly after the October Revolution, Semenov-Tian-Shanskii prophetically remarked that voices in defense of nature in Russia under the new regime might be nothing more than “miserable voices crying in the wilderness.”52 Alas, this turned out to be all too true: by the end of the 1930s the voices of the aestheticethical approach had become silent in the wilderness of “socialist construction.”Nevertheless, I would not like to conclude my talk on this mournful note. Instead I would like to emphasize that, although (...) the history of Russian environmental ethics turned out to be tragically brief, its basic ideas seem to me to be still relevant and important today. What I consider perhaps most important is the idea that is best expressed in Semenov-Tian-Shanskii's words: “freedom is necessary for nature as it is necessary for humans.”53 This outlook calls us to surrender our pretensions to ontological superiority over the rest of nature. It calls us to recognize that nature is valuable in itself, and to live in harmonious cooperation with nature. *** DIRECT SUPPORT *** A8402064 00008. (shrink)

One of the key ethical debates in Russian religious thought, initiated by Leo Tolstoy, concerned the question of nonresistance to evil by force. The purpose of this article is to assess the influence of Kant’s ethics and philosophy of religion on the course of this debate and to determine the place and significance of the arguments and considerations expressed on this issue by Semyon Frank in the early and late periods (1908 and 1940s) of his work. To this end I (...) reconstruct the general course of the debate, notably the positions and arguments of Leo Tolstoy, Vladimir Solovyov, Ivan Ilyin and Nikolai Berdyaev. Beginning with Tolstoy, Russ­ian thinkers introduced the original ethical content of the idea of nonresistance derived from the Gospel into the ethics of duty borrowed from Kant. The Tolstoy version of this idea was challenged mainly from two directions: from the Kantian grounding of the legitimacy of coercion and attempts to bring in styles of moral thinking other than the ethic of duty. Ilyin’s apolo­gia for the use of force in the struggle against evil prompted Russian émigré thinkers to take a closer look at Tolstoy’s ethical concept and pay attention to its positive content. On this basis Berdyaev and especially Frank create their version of the Christ-centered ethic of salvation which, in the perspective of “protecting the world against evil” includes the ethic of duty and links it with the possibility of using force, always a wrongful act, but one justified “in a situation of extreme need”. (shrink)

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)

My goal in this piece is to show that there is a problem lurking in the shadows of recent attempts to derive positive duties from Kant’s so-called universalizability tests and, further, to show that the most obvious way of fixing these attempts renders them unable to fulfill their function. I shall begin by motivating and explaining such an attempt.

Moral duties are often described in terms of rigid requirements to perform, or refrain from performing, actions of certain specific types. In various theological traditions this point is often expressed in terms of the demands God places upon His creatures. However, there are several important ways, as Kant, Mill, and others have noted, in which the fulfillment of duty admits of options. In this paper an effort is made to offer a precise characterization of these ways. On this basis (...) it is concluded that many duties are not of the form in which duties are commonly characterized. (shrink)

Philosophers who, in the light of these attacks, have attempted to vindicate the motive of duty have done so in a half-hearted way, by stressing the motive of duty’s function as a secondary or limiting motivation, or by denying “that acting from duty primarily concerns isolated actions.” I will defend duty as a primary motive with respect to isolated actions. Critics of acting from duty and philosophers who have attempted to respond to them have done little work spelling out exactly (...) what it is for an agent to act from duty. To act explicitly on moral principle is to act from a type of concern for persons that is no less morally good than concern expressed in direct emotional responses. Concern mediated by moral principles is, in certain ways, morally superior to that expressed in direct emotional responses, even when the object of concern is an intimate such as a friend or loved one. (shrink)

The rule that a patient should give a free, fully-informed consent to any therapeutic intervention is traditionally thought to express merely a right of the patient against the physician, and a duty of the physician towards the patient. On this view, the patient may waive that right with impugnity, a fact sometimes expressed in the notion of a right not to know. This paper argues that the rule also expresses a duty of the patient towards the physician and a right (...) of the physician against the patient. The argument turns, first, on the truism that a physician has no obligation to commit a battery, or unauthorized touching, and, second, on the thesis that a patient necessarily cannot consent to something that is unknown to him. The conclusion is drawn that a patient is not free to receive treatment voluntarily without knowledgeably authorizing it. CiteULike Connotea Del.icio.us What's this? (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)