Our lives are such that moral wrongdoing is sometimes inescapable for us. We have moral responsibilities to persons which may conflict and which it is wrong to violate even when they do conflict. Christopher W. Gowans argues that we must accept this conclusion if we are to make sense of our moral experience and the way in which persons are valuable to us. In defending this position, he critically examines the recent moral dilemmas debate. He (...) maintains that what is important in this debate is not whether there are irresolvable moral conflicts, but whether there are moral conflicts in which wrongdoing is unavoidable. Though it would be incoherent to conclude moral deliberation by deciding to perform incompatible actions, he argues that there is nothing incoherent in supposing that we have conflicting moral responsibilities. In this way, he shows that it is possible to capture the intuitions of those who have defended the idea of moral dilemmas while meeting the objections of those who have rejected this idea. Gowans carefully evaluates utilitarian and Kantian analyses of moral dilemmas. He argues that these approaches eliminate genuine moral conflict only by displacing persons as direct objects of moral concern. As an alternative, he develops a more concrete account in which moral responsibilities to persons are central. The book also includes discussions of Melville's Billy Budd, methodology in moral philosophy, moral pluralism, moral tragedy, and "dirty hands" in politics. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the " (...) class='Hi'>moral dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

Establishing a precise definition of moral innocence is a difficult task. Ordinarily philosophers explore the necessary and sufficient conditions of a term or concept in order to determine its meaning. Doing so with “moral innocence” proves difficult because the concept is mutable. The term is used in varying contexts to refer to ignorance, naiveté, sexual inexperience, legal and moral culpability, noncombatants in war, and moral purity. For our present purposes, we can exclude the contexts of law (...) and war because they are too specialized to aid us in identifying the commonalities present in the more general uses of the term. Once we take the other common uses into consideration—ignorance, naiveté, and sexual inexperience—a shared feature surfaces. Each of these conditions of character or states of being is a mode of immaturity. Now we are impelled to ask: what are the qualities of this immaturity? More specifically, what are the features of moral immaturity? To answer this question, the first section of this chapter argues that moral innocence ought to be interpreted in terms of illusion and inability. The innocent hold certain illusions about the moral order that make them unable to engage in practices constitutive of the moral community. Specifically, the morally innocent falsely believe that a life of moral purity—that is, a life devoid of wrongdoing—is possible to achieve. This illusion is based on the following three elements characteristic of an immature and rudimentary understanding of moral interaction: the belief that human nature has only a propensity for goodness; the belief that following ethical rules is sufficient to avoid transgressing moral values; and, the inability to see oneself as a perpetual source of wrongdoing. The subsequent sections establish why each of these elements hinders the development of a realistic and mature moral acumen. We will proceed by examining the thought of two figures in the history of philosophy who have not previously been associated with the notion of moral innocence, and yet through the present analysis and interpretation can provide insight into its nature. First, Immanuel Kant’s theory of radical evil demonstrates that the human propensity to evil is so pervasive that it is, practically speaking, unavoidable. Therefore, to believe that one can avoid acting upon temptations to evil is self-deception. The final section engages in a thorough analysis of Søren Kierkegaard’s philosophy and interprets it in a new way as a theory of moral maturity. The morally mature individual is one who questions ethical rules and who, through self-reflection, recognizes herself as a potential source of wrongdoing. As a result of these arguments, we will identify rule-questioning, self-reflection, and locating wrongdoing in terms of one’s own agency as essential features of moral maturity. We will determine the essential characteristics of moral innocence by examining its positive attributes before establishing it as a negative counterpart to moral maturity. (shrink)

Nurses and other medical practitioners often experience moral distress: they feel an anguished sense of responsibility for what they take to be their own moral failures, even when those failures were unavoidable. However, in such cases other people do not tend to think it is right to hold them responsible. This is an interesting mismatch of reactions. It might seem that the mismatch should be remedied by assuring the practitioner that they are not responsible, but I argue (...) that this denies something important that the phenomenon of moral distress tells us. In fact, both the practitioners’ tendencies to hold themselves responsible and other people’s reluctance to hold the practitioners responsible get something right. The practitioners may be right that they are responsible in the sense of having failed to meet a binding moral requirement, even when the requirement was impossible to meet. This makes moral distress a fitting response because it correctly represents their own action as a wrongdoing. However, others may meanwhile be right that the practitioners are not responsible in the sense of being culpable and blameworthy. To blame others, or oneself, for certain failures, including those that are unavoidable, would be unfair. My claim depends on distinguishing between the fittingness and the fairness of holding someone (including oneself) responsible for moral failure. Having drawn the distinction, I suggest that moral distress should be addressed in a way that both recognizes it as a fitting response and avoids the unfairness of blame. (shrink)

Moral theory has generally focused on resolving ethical dilemmas by identifying ethically sound options. Whether the focus is on consequences, duties, principles or virtues, ethical cases are often approached in ways that assume morally sound solutions can be found and followed. Such ‘ideal morality’ assumes that moral goodness is always possible, leaving people confident they have done the right thing. Such an approach becomes inadequate in disaster settings where any good solution is often difficult to see. This paper (...) examines recent work on nonideal moral theory as a useful model for disaster bioethics. This approach views moral dilemmas as situations where no choice is ideal and every option involves some element of unavoidable wrongdoing. Rather than straining for ideal answers, this approach acknowledges that sometimes the lesser of two evils is the best that can be done. Such situations inevitably lead to feelings of regret or guilt, commonly encountered in discussions of disaster bioethics. This paper explores the practical implications of nonideal approaches for disaster responders working in tragic situations. (shrink)

Some philosophers have recently complained that moral theories almost always portray the distresses of ordinary people in moral predicaments as irrational. In the name of having a minimally realistic picture of ethical thought, these philosophers argue that accounts of morality must allow for strong moral dilemmas, choices involving mutually exclusive all-things-considered requirements or jointly exhaustive all-things-considered prohibitions. In this dissertation I clarify and reject several versions of this argument, which I call the argument from experience. ;In chapters (...) one and two I define strong moral dilemmas as essentially involving conflicts of moral reasons, and reject as premature attempts to reduce questions about strong dilemmas to questions about deontic logic. I accept the goal of representing ordinary experience faithfully, and ask whether a theory will necessarily distort that experience if it employs interpretations of 'ought' and 'prohibited' in ways guaranteeing a priori that there are no strong dilemmas. ;The argument from experience claims that people can have a justifiably high degree of confidence that they are in strong moral dilemmas, and in chapter three I question whether people ever have the needed sorts of confidence about the limits of their abilities, the precise location of their wrongdoing, or the futility of continued moral deliberation. ;In chapter four I reject specific arguments based on regret and guilt. The tendency to feel unavoidable agent-regret or guilt allegedly shows that the agent sees the choice as a strong dilemma, and the appropriateness of such distresses allegedly shows that the agent's way of seeing things is rational. I reply that someone can feel agent-regret without endorsing any moral judgment involving 'ought' or 'prohibited', and that guilt is never unavoidably appropriate. ;In chapter five I trace the failure of the argument from experience to the presence in ordinary thought of a notion of blame which is both conceptually guaranteed always to be avoidable and regarded as an infallible indicator of moral requirement and prohibition. I am led to wonder, finally, why this notion of blame should play a privileged role in philosophical pictures of morality. (shrink)

This paper outlines and defends a notion of tragic-remorse. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent (...) with a moral stain and a particular emotional response. (shrink)

Medieval thinkers were both puzzled and fascinated by the capacity of human beings to do what is morally wrong. In this book, Colleen McCluskey offers the first comprehensive examination of Thomas Aquinas' explanation for moral wrongdoing. Her discussion takes in Aquinas' theory of human nature and action, and his explanation of wrong action in terms of defects in human capacities including the intellect, the will, and the passions of the sensory appetite. She also looks at the notion of (...) privation, which underlies Aquinas' account of wrongdoing, as well as his theory of the vices, which intersects with his basic account. The result is a thorough exploration of Aquinas' psychology which is both accessible and illuminating, and will be of interest to a wide range of readers in Aquinas studies, medieval philosophy, the history of theology, and the history of ideas. (shrink)

This paper outlines and defends a notion of 'tragic-remorse'. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent (...) with a moral stain and a particular emotional response. (shrink)

This paper outlines and defends a notion of ‘tragic-remorse’. This moral emotion properly accompanies those actions that involve unavoidable moral wrongdoing in general and dirty hands scenarios in particular. Tragic-remorse differs both phenomenologically and conceptually from regret, agent-regret and remorse. By recognising the existence of tragic-remorse, we are better able to account for our complex moral reality which at times makes it necessary for good persons to act in ways that although justified leave the agent (...) with a moral stain and a particular emotional response. (shrink)

Blaise Pascal is highly regarded as a religious moralist, but he has rarely been given his due as an ethical theorist. The goal of this article is to assemble Pascal's scattered thoughts on moral judgment and moral wrongdoing into an explicit, coherent account that can serve as the basis for further scholarly reflection on his ethics. On my reading, Pascal affirms an axiological, social-intuitionist account of moral judgment and moral wrongdoing. He argues that a (...) moral judgment is an immediate, intuitive perception of moral value that we willfully disregard in favor of the attractive, though self-deceptive, deliverances of our socially constructed imaginations. We can deceive ourselves so easily because our capacity to evaluate goods is broken, a dark legacy of the fall. In the article's concluding section, I briefly compare Pascal to contemporary ethicists and suggest directions for future research. (shrink)

Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the (...) wrongdoer and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity. (shrink)

Moral Repair examines the ethics and moral psychology of responses to wrongdoing. Explaining the emotional bonds and normative expectations that keep human beings responsive to moral standards and responsible to each other, Margaret Urban Walker uses realistic examples of both personal betrayal and political violence to analyze how moral bonds are damaged by serious wrongs and what must be done to repair the damage. Focusing on victims of wrong, their right to validation, and their sense (...) of justice, Walker presents a unified and detailed philosophical account of hope, trust, resentment, forgiveness, and making amends - the emotions and practices that sustain moral relations. Moral Repair joins a multidisciplinary literature concerned with transitional and restorative justice, reparations, and restoring individual dignity and mutual trust in the wake of serious wrongs. (shrink)

The principle of alternate possibilities (PAP), making the ability to do otherwise a necessary condition for moral responsibility, is supposed by Harry Frankfurt, John Fischer, and others to succumb to a peculiar kind of counterexample. The paper reviews the main problems with the counterexample that have surfaced over the years, and shows how most can be addressed within the terms of the current debate. But one problem seems ineliminable: because Frankfurt''s example relies on a counterfactual intervener to preclude alternatives (...) to the person''s action, it is not possible for it to preclude all alternatives (intervention that is contingent upon a trigger cannot bring it about that the trigger never occurred). This makes it possible for the determined PAPist to maintain that some pre-intervention deviation is always available to ground moral responsibility. In reply, the critic of PAP can examine all the candidate deviations and argue their irrelevance to moral responsibility (a daunting prospect); or the critic can dispense with counterfactual intervention altogether. The paper pursues the second of these strategies, developing three examples of noncounterfactual intervention in which (i) the agent has no alternatives (and a fortiori no morally relevant alternatives), yet (ii) there is just as much reason to think that the agent is morally responsible as there was in Frankfurt''s original example. The new counterexamples do suffer from one liability, but this is insufficient in the end to repair PAP''s conceptual connection between moral responsibility and alternate possibilities. (shrink)

This is a review essay of Christopher Kutz's Complicity: Ethics and Law for a Collective Age, and Jonathan Bass's Stay The Hand of Vengeance: The Politics of War Crimes Tribunals. Topics addressed include the nature of collective intentions and actions, the possibility of collective guilt, the moral responsibility of individuals in the context of collective actions.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

I examine recent work on moral dilemmas and argue that there are no moral dilemmas which issue in inescapable wrongdoing . In the first three chapters I examine some important arguments for and against tragic dilemmas---arguments from deontic logic, Martha Nussbaum's view that vulnerability is essential to human values, Bernard Williams' argument from guilt , and the argument from the fragmentation of value---and show that these arguments for and against are inconclusive. ;In Chapter 4 I attempt to (...) provide a reason to reject tragic dilemmas which will have force for those most inclined to accept dilemmas---those, such as Williams and Nussbaum, who are engaged in a critique of modern moral philosophy. Central to their critique is their denial of the distinction between moral and nonmoral reasons and of the primacy of the moral. I show that an account of practical deliberation which can accommodate the possibility of tragic dilemmas has the effect, not of undermining the distinction between moral and nonmoral reasons and the primacy of the moral, but of strengthening that distinction and that primacy. This is because a picture of practical deliberation which can accommodate the possibility of tragic dilemmas makes moral reasons distinct from nonmoral reasons in how they achieve their deliberative weight. ;In Chapter 5 I present an alternative picture of practical deliberation which I commend to these critics. In my alternative picture, moral reasons have deliberative weight for an agent for the same reason nonmoral reasons do: because the agent sees things from a point of view from which such reasons are important. My picture takes seriously the critics' view that moral value is continuous with other sorts of value and is not overriding and supremely regulative; but my picture does not accommodate the possibility of tragic dilemmas. I conclude that their project of criticizing modern moral philosophy is better served by accepting my picture and thus rejecting the possibility of tragic dilemmas. (shrink)

When addressing the burdens borne by victims of police wrongdoing, we often overlook moral harms in focusing on the physical and psychological harms that they suffer. These moral harms undermine the moral status of the victim, her ability to consistently pursue the values she endorses, and her character. Victimhood is a morally significant social role. Victimhood imposes normative standards that measure the moral or political status of victim. Conforming to these standards affects our assessment of (...) the conduct of the victim and her moral standing. Considering the victims’ role provides important insights into contemporary practices of policing in the United States. The physical and verbal acts of the police often force race-based degradation upon racially subordinated groups. There is often no morally good way out of racially discriminatory encounters when the choice is to degrade oneself or suffer violence or even death. Worse, how we respond to the threat of police violence morally undermines our relationships with those we would keep safe from police violence. (shrink)

I discuss a remark made by Gitta Sereny about Treblinka Kommandant Franz Stangl that questions the role and scope of moral authority, viz. “I don’t know now at which point one human being can make the moral decision for another that he should have the courage to risk death.” I provide an illustrative elaboration from her remark of a role for moral authority and a limit on its scope. First, I use the idea of supererogation to introduce (...) the idea and role of moral authority. Second,I argue that there is a parallel understanding of Sereny’s remark that shows moral authority operative in a similar role in Stangl’s case. Third, I make four refinements to what she has expressed about Stangl, each of which further illuminates the nature of moral authority. Finally, I address objections and consider the implications of my account. (shrink)

The phenomenon of conscience as articulated in Roman Catholic moral theology has at least three dimensions: a fundamental and universal call to moral goodness; the search for moral truth; and a commitment to act in a particular way. Recent moral theology has tended to focus on the latter two dimensions, but there has been a strong call from Thomas Ryan for attention to the first dimension of conscience, especially its constitution in ‘horizontal relationality’. In this article (...) I respond to Ryan's call, and demonstrate that the philosophy of Emmanuel Levinas can show how the experience of conscience is constituted in horizontal relationality, as well as that it supports an understanding of conscience as a universal call to responsibility. Correlatively, and perhaps more significantly, the introduction of Levinas’ philosophy into the discussion of conscience sheds light on a significant aspect of this call to moral responsibility. This highlights that the Roman Catholic understanding of conscience has ethical consequences for theology more broadly considered in terms of understanding why it is impossible to set aside considerations of responsibility in the search for truth. (shrink)

Some normative theorists believe that there is a principled moral reason not to retain benefits realized by injustice or wrongdoing. However, critics have argued that this idea is implausible. One purported problem is that the idea lacks an obvious rationale and that attempts to provide one have been unconvincing. This paper articulates and defends the idea that the principled reason in question has an expressive quality: it gets its reason-giving force from the symbolic aptness of such an act (...) as an expressive response to wrongdoing. The paper thus argues that at least in a certain subset of cases, renouncing benefits realized by injustice amounts to a powerful and uniquely apt expression of protest against the disrespect for the victim that is implied by the wrongdoer’s actions. The paper shows how this idea can inform the question of reparations for slavery and its aftermath in the United States. Lastly it develops an important objection to the argument presented and gives an account of how this objection can be met. (shrink)

In its specific moral conclusions ecclesiastical Anglican theology shares much with traditional Protestantism, Roman Catholicism, and Eastern Orthodoxy. In its understanding of the method and purpose of moral theology classical Anglicanism sometimes diverges from earlier Roman Catholicism — and anticipates the most positive developments in contemporary Roman Catholic moral theology — while sharing a common theological heritage with Rome in its understanding of natural law , the moral agent, and the moral act. Anglicans situate (...) class='Hi'>moral reasoning within the Church of the patristic Tradition, which distinguishes them from Protestants, yet do not accept the Roman magisterium's selfunderstanding. Consequently, the Anglican mode of moral reasoning has strong affinities with the Orthodox churches. (shrink)

This article proposes distinctions between guilt and two forms of shame: Guilt arises from a violated norm and is characterized by a focus on specific behavior; shame can be characterized by a threatened social image (Image Shame) or a threatened moral essence (Moral Shame). Applying this analysis to group-based emotions, three correlational studies are reported, set in the context of atrocities committed by (British) ingroup members during the Iraq war (Ns = 147, 256, 399). Results showed that the (...) two forms of shame could be distinguished. Moreover, once the other form of shame was controlled for, they were differentially related to orientations toward the outgroup: Image Shame was associated with negative orientations, whereas Moral Shame had associations with positive outgroup orientations. These associations were distinct from the associations of guilt and rejection. Study 3 used a longitudinal design and provided evidence suggestive of a causal direction from emotions to outgroup orientation. (shrink)