In the first section I briefly consider some stituations in which standard desert-claims would be disputed, with the aim of revealing why and by whom they are asserted or denied. Having attained some understanding of the point of different desert-statements, I propose an accound of their content that entails the thesis that statements of positive desert (deserving something desirable) sharply differ in meaning from statements of negative desert (deserving something undesirable), even when expressed in the same form. In the second (...) section I use this ambiguity thesis to argue against an appealing way of defending Hegel's claim that a wrongdoer has a right to be punished and against Kant's defense of the view that there is a duty to punish those who deserve it. I also show how an understanding of negative desert that recognizes the ambiguity thesis enables us to defend the ordinary view of mercy against Kantian criticisms and to reject the popular misconception that mercy is necessarily at odds with justice. In the third section I use the ambiguity thesis to rebut the common claim (found in Mill and Aristotle, among others) that it is unjust for a person to have or be given mone benefits than she deserves. I conclude by showing how an understanding of positive desert that recognizes the ambiguity thesis leads to a rejection both of certain complaints against traditional systems of private property and also of certain moralistic scruples that might give pause to those who acknowledge the moral duty to assist the needy. (shrink)

This article responds to logical and social theses proposed by Professor José Medina in discussing the relativity of identity. In exploring the metaphor of family resemblance, the author argues that its causal mechanism is biological, not social; particular features of being a woman, or of belonging to a racial or ethnic group, cannot be reduced to social constructions. The article skeptically discusses the supposed importance of sex, race, and ethnicity to a person’s individual identity, and suggests that moral significance finds (...) its origin and grounding elsewhere. It concludes that no liberation can be ‘complete, or even adequate’ until it liberates the mind from ‘“scripts” rooted in the delusion of “collective identities”’. (shrink)

Tommie Shelby has offered an influential, carefully stated, and well-argued set of objections to any volitional analysis of racism (VAR) as consisting centrally in certain forms of race-based disregard. Here I hope to defend aspects of VAR by analyzing, evaluating, and sometimes countering several of his major contentions, which have stood unchallenged in the literature over more than two decades. First, I sketch and respond to his Methodological objection to VAR, which criticizes VAR's reliance on language and linguistic intuitions; then (...) to a Psychological objection, which suggests that VAR implausibly distances an agent's intentions from her beliefs; and, finally, to a Psychopathological objection, which holds that VAR requires treating as unproblematic some psychological states better seen as aberrant. The following section treats three subtle counterexamples Shelby uses to challenge VAR's core contentions about what's necessary and what's sufficient for racism. I close with some gestures toward what I see as a promising approach, very different from his, to studying these topics. (shrink)

At the start of her vigorously argued and classic article, “Modern Moral Philosophy,” G. E. M. Anscombe stated three focal theses. First, that philosophers of the time needed to dispense with investigation into talk of what is morally right, wrong; permissible, forbidden, required; and of moral obligation or duty, what we morally ought to do. Second, there was no adequate philosophical psychology then available of the sort needed for doing good moral philosophy. Third, the differences among the modernist moral philosophers (...) that had been most widely discussed were not as important as what they agreed on. I wish here to make some remarks about the sequel. More specifically, I will briefly discuss some aspects of how things have since played out with the first two theses, in order to say something about the relation between the first and second theses and about the state of things with respect to her third thesis, especially as it impacts today's medical ethics, a field of inquiry that barely existed at the time Anscombe wrote “Modern Moral Philosophy.&rdquo. (shrink)

The essay contrasts the thesis that deserved punishment is punishment which, as deserved, is obligatory with the weaker thesis that it is punishment which, as deserved, is permissible. The author first outlines an account of the meaning of desert-claims which entails only the weaker thesis and then defends this account against criticisms levied in a recent article that it is ambiguous, cannot explain the moral significance of desert, justifies letting people profit from their crimes, and permits unequal treatment. The essay (...) proceeds to a critique of George Sher's view of deserved punishment, faulting Sher for: (1) his reliance on an implausible understanding of benefits, (2) his inability to justify the punishment of crime-victims for their own crimes, and (3) the inadequacy of his defense of mercy. Finally, the author sketches a role-centered conception of morality within which it becomes clearer how deserved punishment can be justified as the victim's ties to the criminal, and the role-responsibilities derivative therefrom, are vitiated by the latter's misdeeds. (shrink)

Kant held that an agent can perform her moral duty only if she acts from a special incentive or motive, the sense of duty. Philosophers have objected to this, arguing that motives, intentions, and reasons are relevant in determining whether she acted well or evilly, virtuously or viciously, but not in determining whether she did her duty. Note that these arguments, if successful, would show not only that pace Kant, an agent can do her duty without acting from a sense (...) of duty, but more strongly, that she can do it even though her action was wickedly motivated or done with evil intentions. This stronger conclusion is, I think, false and in this essay I want to examine and criticize several arguments put forward in defense of the view that duty and virtue are so divorced from each other that one can discharge one’s moral duty and do what is morally right with a vicious action. (shrink)

I here respond to several points in Faucher and Machery’s vigorous and informative critique of my volitional account of racism (VAR). First, although the authors deem it a form of "implicit racial bias," a mere tendency to associate black people with "negative" concepts falls short of racial "bias" or prejudice in the relevant sense. Second, such an associative disposition need not even be morally objectionable. Third, even for more substantial forms of implicit racial bias such as race-based fear or disgust, (...) Faucher and Machery offer no account or explanation of when we should consider these racist, in whom, in what respect(s), or why. So, findings of implicit racial bias pose no clear objection to VAR. Fourth, because VAR allows not only racial hate, but also callous indifference, disdain, and other forms of racially driven disregard, to be racist,VAR is not "psychologically monist." Fifth, as VAR allows racist attitudes to be immoral in more than one way, offending against both the moral virtues of benevolence and justice, VAR is not "morally monist" either. I also reveal problems with some of Faucher and Machery’s other claims: Faucher and Machery take too narrow a conception of the types of psychology that can contribute to understanding racism; the internal complexity of hatred, which they approvingly mention, is irrelevant to VAR’s truth and undermines part of their criticism of VAR; whether some forms of racial bias are "racial ills" is irrelevant to VAR, which only analyzes racism; over-attention to implicit racial bias may cloak or exacerbate some of our society’s racial ills, or even constitute a new one. I conclude by noting that Faucher and Machery are not just critics of VAR but also allies of VAR in important controversies against those who insist racism lies primarily in social structures and institutions. (shrink)

I first sketch an account of humility as a character trait in which we are unimpressed with our good, envied, or admired features, achievements, etc., where these lack significant salience for our image of ourselves, because of the greater prominence of our limitations and flaws. I situate this view among several other recent conceptions of humility (also called modesty), dividing them between the inward-directed and outward-directed, distinguish mine from them, pose problems for each alternative account, and show how my understanding (...) of humility captures truths present but exaggerated in several of them. Responding to some problems for my view, including what I call “Driver’s Paradox”(i.e., the strangeness of someone’s proclaiming ‘I’m humble!’), I suggest that some over-ambitious claims about our moral responsibilities may indicate a lack of proper humility. I discuss the relationship of the character trait of humility both to what humiliates and to what humbles, concluding with consideration of the background assumptions against which, and the circumstances in which, humility may reasonably be classified as a moral virtue. (shrink)

This essay applies to the morality of lying and other deception a sketch of a kind of virtues-based, input-driven, role-centered, patient-focused, ethical theory. Among the questions treated are: What is wrong with lying? Is it always and intrinsically immoral? Can it be correct, as some have vigorously maintained, that lying is morally wrong in some circumstances where other forms of deliberate dissimulation are not? If so, how can that be? And how can it be that lying to someone is immoral (...) when other, harsher ways of treating her are permissible? The essay examines several responses to the first question, and suggests that lying violates morality as an excessive departure from the role-derived virtues of charity and justice: the liar wills another person the evil of false belief precisely in the proposition for which the speaker offers her assurance and takes special responsibility in asserting. So conceived, lying is an especially egregious form of treachery and degrading manipulation of another person. Appeal is then made to the gravity inherent in lying so conceived to suggest ways of answering the other questions which would support the traditional Augustinian claim that lying is inherently impermissible and ineligible in circumstances where other forms of deliberate deception may not be, and even in situations where violent attack may be permissible.At the end, a taxonomy of more and less rigorist positions of lying is offered. A tentative proposal is made that, while consistent with the traditional Augustinian rigorist position that Iving is always immoral, nevertheless has some features that may slightly soften that view’s practical application. The proposed view does this in a way similar to that in which allowing moral dilemmas may soften it, for allowing dilemmas means there may be cases where an act of a type always immoral may still be more eligible than any alternative. However, it is maintained that the view here proposed need not countenance genuine dilemmas. (shrink)

The paper defends the thesis that for S to V intentionally is for S to V as (in the way) S intended to. For the normal agent the relevant sort of intention is an intention that one's intention to V generate an instance of one's V-ing along some (usually dimly-conceived) productive path. Such an account allows us to say some actions are intentional to a greater or lesser extent (a desirable option for certain cases of wayward causal chains), preserves the (...) intuitive link between intention and intentionally, and supports the common sense view that the concept of intending is more basic than those of acting with an intention and of acting intentionally. The remainder of the paper responds to certain apparent counter-examples offered by Audi, Harman, and Bratman. In the course of this, I discuss connections between intending to V and hoping to V, and I argue that one can intend to do what one doesn't expect to do, and that one always intends what one attempts. (shrink)

This essay rebuts Gary Seay's efforts to show that committing euthanasia need not conflict with a physician's professional duties. First, I try to show how his misunderstanding of the correlativity of rights and duties and his discussion of the foundation of moral rights undermine his case. Second, I show aspects of physicians' professional duties that clash with euthanasia, and that attempts to avoid this clash lead to absurdities. For professional duties are best understood as deriving from professional virtues and the (...) commitments and purposes with which the professional as such ought to act, and there is no plausible way in which her death can be seen as advancing the patient's medical welfare. Third, I argue against Prof. Seay's assumption that apparent conflicts among professional duties must be resolved through "balancing" and argue that, while the physician's duty to extend life is continuous with her duty to protect health, any duty to relieve pain is subordinate to these. Finally, I show that what is morally determinative here, as throughout the moral life, is the agent's intention and that Prof. Seay's implicitly preferred consequentialism threatens not only to distort moral thinking but would altogether undermine the medical (and any other) profession and its internal ethics. (shrink)

A genuine bioethics would be fiercely devoted to human life (bios) and would express that devotion by articulating as well as advocating moral virtues that rigorously protect that value against the temptation to see life in purely instrumental terms. In my view, no genuine bioethics exists today. In what follows, I will question two fundamental assumptions often presumed in discussions of euthanasia and assisted suicide. These are (i) the agent does will her victim (i.e., her putative beneficiary) some significant human (...) good, e.g., relief from pain, escape from becoming a burden to loved ones, a dignified death, or simply self-determination; (ii) in purposely helping someone to kill herself or in killing her for her own good, the agent wills her no serious harm. Put differently, I question the assumption of ‘mercy’ in so-called ‘mercy-killing’. (shrink)

I sketch and respond to Ryan Byerly’s distinction between a Value-Based Approach to assessing proposed accounts of a virtue-here, humility-and what he calls a Counterexample Based Approach. My first section, on method, argues that, though distinct, the two approaches are not mutually exclusive and answer different questions. Engaging his claim that the former approach is superior to the latter, I suggest that we apply Byerly’s own idea that there are different kinds of value to show, contra Byerly, each approach may (...) be better than the other in different ways, and for different purposes. Adapting and applying a point from Aristotle and Aquinas, I suggest that Byerly’s core question--what kind of values a virtue has--may rely on a mistake, that of misunderstanding a virtue’s work of making people and things good as its possessing goodness itself. My latter section, on results, points out difficulties for Byerly's altruistic conception of humility and defends my own view, developed in an earlier “Philosophia” article, that humility is essentially a matter of remaining unimpressed with oneself. I conclude by engaging and rebutting Byerly’s contention that his analysis of humility best captures a certain religious view. (shrink)

This paper critically examines a formal argument against deducing ‘ought’-judgments from ‘is’-judgments, an argument suggested by a literal reading of a famous passage in Hume'sTreatise of Human Nature. According to this argument, judgments of the two kinds have different logical structures (i.e., their subjects are differently related to their predicates) and this difference disallows cross-categorical deductive inferences. I draw on Fregean accounts of the ‘is’- copula and on syntactical interpretations of ‘ought’-judgments that have become standard in deontic logic to argue (...) that twentieth century work in philosophical grammar and logic casts doubt on all three of the argument's premises. (shrink)

In the seventh and most recent edition of their classic book, Principles of Biomedical Ethics, Tom Beauchamp and James Childress define a virtue as a character trait that is “socially valuable and reliably present” and a moral virtue as such a trait that is also both “dispositional” and “morally valuable”. The virtues that they single out as “focal” within biomedical ethics are compassion, discernment, trustworthiness, integrity, and conscientiousness. Not all is well in their treatment of virtue. Beauchamp and Childress seem (...) to worry that an ethical theory in which virtues are fundamental will neglect duties, rights, and societal needs. Further, they insist that there is no reason to think that, within ethical theory, one family of ethical concepts is the most important, nor that one theoretical approach is correct, or even superior to others. I will try to show, that there are strong reasons to see language, concepts, and matters of virtue as fundamental within normative ethical theory, both generally and in such specialized subareas as medical ethics. These reasons reveal themselves when we analyze concepts at the core of the alternative approaches to theorizing ethics that Beauchamp and Childress identify. (shrink)

Prof. Alberto Urquidez, in an important recent article that appears in different form in his book, Redefining Racism, offers an informed, sustained, careful, multi-pronged, and sometimes original critique of the volitional analysis of racism, which I have proposed in a series of articles over the past two dozen years. Here I expand and improve VAR’s analysis of paternalistic racists and their beliefs, clarify its ‘infection’-model’s explanation of racism’s spread and variety, and lay out what it is for something to be (...) ‘characteristically’ racist, an understanding that I then use to offer a unified account of the way in which both certain physical objects and certain abstract objects can properly be called racist. Identifying and engaging some presuppositions behind Urquidez’s social, political, and moral criticisms of VAR, I respond to complaints from him and others, showing that VAR’s content is neither politically conservative nor dependent on religious doctrine, and point out that race theory would in fact profit from taking more seriously and internalizing the Christian morality of most African-Americans. (shrink)

Drawing chiefly on recent sources, in Part One I sketch an untraditional way of articulating what I claim to be central elements of traditional Catholic morality, treating it as based in virtues, focused on the recipients (“patients”) of our attention and concern, and centered in certain person-to-person role-relationships. I show the limited and derivative places of “natural law,” and therefore of sin, within that framework. I also sketch out some possible implications for medical ethics of this approach to moral theory, (...) and briefly contrast these with the influential alternative offered by the “principlism” of Beauchamp and Childress. In Part Two, I turn to a Catholic understanding of the nature and meaning of human suffering, drawing especially on writings and addresses of the late Pope John Paul II. He reminds us that physical and mental suffering can provide an opportunity to share in Christ's salvific sacrifice, better to see the nature of our earthly vocation, and to reflect on the dependence that inheres in human existence. At various places, and especially in my conclusion, I suggest a few ways in which this can inform bioethical reflection on morally appropriate responses to those afflicted by physical or mental pain, disability, mental impairment, disease, illness, and poor health prospects. My general point is that mercy must be informed by appreciation of the person's dignity and status. Throughout, my approach is philosophical rather than theological. (shrink)

This paper criticizes the thesis that intending to do something is reducible to some combination of beliefs and desires. Against Audi's recent formulation of such a view I offer as counterexample a case wherein an agent who wants and expects to V has not yet decided whether to V and hence does not yet intend to. I try to show that whereas belief that one will V is not necessary for intending to V, as illustrated in cases of desperate attempts (...) to V, one cannot intend to V without preferring to V (rather than not V) and thus one cannot intend to V without, in some sense, wanting to V (at least wanting it in preference to not V-ing). The connection of one's intentions with one's objectives, attempts, plans, and hopes is briefly treated, and some influential work by Davidson is criticized. (shrink)

This paper raises serious problems for the commonly held claim that races are socially constructed. The first section sketches out an approach to our construction of institutional phenomena that, taking Searle’s general approach, restricts social construction proper to cases where we adopt rules that bind relevant parties to treat things of a type in certain ways, thus constituting important roles in, and parts of, our social lives. I argue this conception, construction-by-rules, helps distinguish genuine construction from other activities and relations (...) and also solves a problem raised against simplistic conceptions. The second shows why and how Sally Haslanger, Linda Alcoff, and Glenn Loury have explained race as a social construct. The next points out problems for their and other accounts, including circularity, difficulties arising from conceptual and linguistic history, and non sequiturs. After returning to Haslanger in more detail, I proceed critically to engage work by Ian Hacking, Lawrence Blum, Luc Faucher and Edouard Machery, and Charles Mills. The following sections move from specific accounts in the literature to offer general arguments that viewing races as products of social construction threatens to mislead in numerous ways. At the end, I discuss the significance of the issue and challenge whether social constructionist accounts are genuinely liberating. (shrink)