In philosophy, a debate can live forever. Nowhere is this more evident than in ethics, a field that is fueled by apparently intractable dilemmas. To promote the wellbeing of many, may we sacrifice the rights of a few? If our actions are predetermined, can we be held responsible for them? Should people be judged on their intentions alone, or also by the consequences of their behavior? Is failing to prevent someone’s death as blameworthy as actively causing it? For generations, questions (...) like these have provoked passionate arguments and counterarguments, but few clear answers. Here, we offer a psychological account of why philosophical dilemmas arise, why they resist resolution, and why scientists should pay attention to them. Building on a family of recent proposals (Cushman & Young, 2009; Greene, 2008; Sinnott- Armstrong, 2008), we argue that dilemmas result from conflict between dissociable psychological processes. When two such processes yield different answers to the same question, that question becomes a “dilemma”. No matter which answer you choose, part of you walks away dissatisfied. This explanation of philosophical dilemmas has an important payoff for psychological research, and we discuss two specific cases in which it has yielded promising results. In each case, social neuroscience has played an important role in distinguishing the psychological processes responsible for producing a dilemma. This, we suggest, is no accident; cognitive neuroscientific methods are particularly well-suited to dissociating independent psychological processes (Henson, 2006). Consequently, philosophers’ dilemmas provide a reliable guide toward productive cognitive neuroscience by identifying the contours of distinct psychological process. The research we review below focuses particularly on moral dilemmas, which is our own area of expertise. The psychological processes that contribute to moral judgment are of interest in their own right, and play a central role in social cognition.. (shrink)

In the 1720s Francis Hutcheson developed a systematic account of the origins of ethical judgments that would have a profound influence on later writers. Ethical judgments, he argues, arise from the perceptions of internal senses that are, themselves, rooted in ‘Passions and Affections’. This paper describes his account and draws attention to an important tension at its heart. When judging particular cases, Hutcheson praises kindly, generous, and merciful affections as exemplary. But when he proposes a mathematical formula for ‘computing the (...) Goodness’ of a person’s character, this formula yields results that are at odds with many of his judgments about the kindly, generous, and merciful. I trace the sources of this tension and identify ways in which Hutcheson might have avoided it. (shrink)

A survey of various candidates shows that there is no defensible moral principle that shows that individuals have an obligation to reduce their greenhouse gas emissions.

ABSTRACT Like other philosophical traditions, what we call French spiritualism is a complicated constellation of thinkers who developed partially divergent answers to shared themes or concerns. In order to avoid easy generalizations and artificial labels, this article aims to explore the many-voiced character of this tradition by focusing on a debate on the notion of ‘liberté morale’ that took place in 1903 at the Société française de philosophie. Given the number and the calibre of the participants, as well as the (...) centrality of the discussed notion, this episode sets the perfect stage for an in-situ assessment of the inner fault lines underlying any superficial unity in the French spiritualist tradition. (shrink)

The federal regulations that govern biomedical research, most notably those enshrined in the Common Rule, are a product of their time. Born in the aftermath of wartime atrocities committed by Nazi doctors, and influenced by domestic research scandals like the Willowbrook and Tuskegee studies, the regulations express a protectionist ethos aimed at safeguarding subjects of human experimentation from the potential harms of research participation. Requirements for informed consent, risk minimization, equitable subject selection, and peer review of proposed research rest on (...) the presumption that the research enterprise owes subjects a duty of protection. (shrink)

A number of Christian theologians and philosophers have been critical of overly moralizing approaches to the doctrine of sin, but nearly all Christian thinkers maintain that moral fault is necessary or sufficient for sin to obtain. Call this the “Moral Consensus.” I begin by clarifying the relevance of impurities to the biblical cataloguing of sins. I then present four extensional problems for the Moral Consensus on sin, based on the biblical catalogue of sins: (1) moral (...) over-demandingness, (2) agential unfairness, (3) moral repugnance, and (4) moral atrocity. Next, I survey several partial solutions to these problems, suggested by the recent philosophical literature. Then I evaluate two largely unexplored solutions: (a) genuine sin dilemmas and (b) defeasible sinfulness. I argue that (a) creates more problems than it solves and that, while (b) is well-motivated and solves or eases each of the above problems, (b) leaves many biblical ordinances about sin morally misleading, creating (5) a pedagogical problem of evil. I conclude by arguing that (5) places hefty explanatory burdens on those who would appeal to (b) to resolve the four extensional problems discussed in this paper. So Christian thinkers may need to consider a more radical separation of sin and moral fault. (shrink)

Is it appropriate to blame people unequally if the only difference between them was a matter of luck? Suppose Alice would drive recklessly if she could, Belen drove recklessly but didn’t harm anyone, and Cleo drove recklessly and killed a child. Luck-advocates emphasize that in real life we do blame such agents very unequally. Luck-skeptics counter that people aren’t responsible for factors beyond their control, or beyond their quality of will. I’ll defend a somewhat reconciliatory view. I’ll concede to the (...) skeptics that these agents are equally culpable. Nonetheless, I’ll suggest with the luck-advocates that it’s fitting to blame them unequally. That’s because their culpability is unequally significant for us: Cleo’s culpability concerns us more than Belen’s, and Belen’s more than Alice’s—just like the fault of a close aggressor concerns us more than that of an aggressor far off in place and time. And it’s fitting for us to respond with more blame to faults that concern us more. Indeed, blaming people simply in proportion to their culpability manifests a form of fetishism, or problematic mere-matter-of-principle concern. So while many skeptical tenets may hold, in substance the luck-advocates are right. (shrink)

‘No-fault unbelief’ can be named the view that there are those who do not believe in God through no moral or intellectual fault of their own. This view opposes a more traditional one, which can be named ‘flawed unbelief’ view, according to which religious unbelief signals a cognitive or moral flaw in the non-believer. Since this charge of mental or moral flaw causes a certain uneasiness, I oppose the former view, i.e. ‘no-fault unbelief’, with (...) a strategy that has nothing to do with the latter. I assume that ‘no-fault unbelief’ is correct and show what consequences follow for both unbelievers and believers. I conclude that the assumption in question is superficially beneficial but deeply detrimental to unbelievers, and by contrast, it is superficially detrimental and deeply beneficial to believers. (shrink)

A traditional picture is that cases of deontic constraints--- cases where an act is wrong (or one that there is most reason to not do) even though performing that act will prevent more acts of the same morally (or practically) relevant type from being performed---form a kind of fault line in ethical theory separating (agent-neutral) consequentialist theories from other ethical theories. But certain results in the recent literature, such as those due to Graham Oddie and Peter Milne in "Act (...) and Value", do not sit well this traditional wisdom. My aim in this paper is to argue that both the traditional wisdom and Oddie and Milne are mistaken. I begin by looking more closely at the traditional wisdom and why it fails (§1). Then I develop my account of this fault line in ethical theory and its importance (§2). Finally I show that a diagnosis of where Oddie and Milne go wrong follows as a corollary of this new account (§3). An important upshot will be that discussions of cases of deontic constraints would do best to focus on the account of the nature and importance of the cases identified in this paper rather than continuing to work with the mistaken traditional picture. (shrink)

This state of the art collection offers fresh perspectives on why intersections between literature, religion, and ethics can address the fault lines of modernity and are not necessarily the cause of modernity's 'faults.' From a diverse cohort of scholars from around the world, with appointments in comparative literature and other disciplines, the essays suggest that the imagined hegemony of a Judeo-Christian Western project is neither exclusively true nor productive. However, the essays also suggest that elements of the Western religious (...) traditions are important vectors for understanding modernity's complicated relationship to the past. (shrink)

Moral injury emerged in the healthcare discussion quite recently because of the difficulties and challenges healthcare workers and healthcare systems face in the context of the COVID-19 pandemic. Moral injury involves a deep emotional wound and is unique to those who bear witness to intense human suffering and cruelty. This article aims to synthesise the very limited evidence from empirical studies on moral injury and to discuss a better understanding of the concept of moral injury, its (...) importance in the healthcare context and its relation to the well-known concept of moral distress. A scoping literature review design was used to support the discussion. Systematic literature searches conducted in April 2020 in two electronic databases, PubMed/Medline and PsychInfo, produced 2044 hits but only a handful of empirical papers, from which seven well-focused articles were identified. The concept of moral injury was considered under other concepts as well such as stress of conscience, regrets for ethical situation, moral distress and ethical suffering, guilt without fault, and existential suffering with inflicting pain. Nurses had witnessed these difficult ethical situations when faced with unnecessary patient suffering and a feeling of not doing enough. Some cases of moral distress may turn into moral residue and end in moral injury with time, and in certain circumstances and contexts. The association between these concepts needs further investigation and confirmation through empirical studies; in particular, where to draw the line as to when moral distress turns into moral injury, leading to severe consequences. Given the very limited research on moral injury, discussion of moral injury in the context of the duty to care, for example, in this pandemic settings and similar situations warrants some consideration. (shrink)

Despite the outpouring of interest in tort and criminal theory over the last thirty years, not much progress has been made toward understanding the basic concepts for analyzing liability. Common law theorists of torts and criminal law tend to accept the conventional distinction between objective and subjective standards and the view that objective negligence is not really fault in the way that subjective negligence is. The author’s view is that this distinction between objective and subjective standards is misunderstood and (...) that, in fact, so-called objective negligence is a test of fault or culpability in the same way that subjective standards are. This paper seeks to defend inadvertent negligence as a proper basis for blaming someone for causing harm, whether in the context of tort law or criminal law, whether the standard is regarded as objective or subjective. The first part of the paper, the historical part, engages in an extended analysis of Oliver Wendell Holmes’ writings on negligence. The second part of the paper, the philosophical part, addresses the general question of how people can be considered at fault and be blamed for not knowing critical attributes of their conduct, which might be either matters-of-fact or matters of moral evaluation. (shrink)

Is morality relative? Does it depend on one's perspective or on external circumstances? It has become popular, even commonplace, to assert that what is moral is dependent on one's situation. Dietrich von Hildebrand saw this trend coming, and at the earliest outset he authored this book as a refutation of "situation ethics" and an affirmation of the unchanging and universal call of true morality. The book takes up the central challenge of situation ethics to argue, definitively, that some actions (...) are always and in every situation wrong. But Hildebrand is sensitive to the special circumstances of individual people's lives, and he does far more than simply offer judgment. He leads us first to understand the allure of "self-righteousness," of "the tragic sinner," and of "sin mysticism," and how these can obscure true morality. _____ "Through the wealth and carefulness of his analyses, along with the skill with which he discovers the kernels of truth and beauty wherever they are to be found, von Hildebrand uncovers the errors of false situation ethics. But at the same time, he finds fault also with self-righteous, complacent mediocrity, and juridical moralism that is false and lifeless. Thus he clearly sets forth the uniqueness of Christian morality." - Bernard Häring "The Augustinian tradition is a great one in Christian philoso­phy and in Dr. von Hildebrand's work one finds an example of how alive, wholesome, and sound it can be today, and how very much in contact with what is of value in contemporary thought. Clearly all can profit very much from this work." - Germain Grisez. (shrink)

Many of the major challenges facing global society are unstructured collective harms (e.g., global warming): collective in the sense that they arise as the result of the actions of, or interactions among, multiple agents, and unstructured in the sense that there is no coordination or intention to cause harm among these agents. But how should we distribute moral responsibility for these harms? In this paper, an answer is proposed to this question. This answer builds on but develops existing proposals (...) by drawing together literatures that speak to different aspects of the question. First, it is argued that the notion of causal contribution needs to be broadened to include the idea of causation as production. Second, it is discussed how the voluntariness and foreseeability conditions are best interpreted in this context. Third, literature on moral taint is drawn to introduce additional objective (external) criteria. (shrink)

A central trend in the development of discrimination law, in every jurisdiction, has been the movement from a requirement of intention to ground a complaint to the recognition as actionable of indirect or adverse effect discrimination. Initially, liability for discrimination was circumscribed very narrowly, requiring a form of intention that was tantamount to malice. The practical consequences of this narrow conception were apparent early on, and those concerned about them have long been agitating, with some success, for a reading or (...) redrafting of anti-discrimination statutes that would yield broader liability. Advocacy in the discrimination law context has tended to swing wildly between two extremes -- from a virtually exclusive focus on the moral blameworthiness of the defendant to an attempt to focus solely on the effects of discrimination on its victims. This article seeks to reexamine the gradual expansion of liability in discrimination law from the perspective of the key conceptual elements of liability in tort law in order to reexamine the normative underpinnings of this area of law. Viewed from a tort perspective, the enlargement of the scope of discrimination law can best be understood as resulting from an implicit expansion of the concept of fault appropriate to this context of human interaction, a change linked to an expanding conception of the human interests that discrimination law protects from infringement. From its beginnings, discrimination law implicitly recognized that deliberately refusing to contract with others out of ill will or prejudice toward an important aspect of identity such as race or sex constituted an affront to human dignity that could not be justified by the value of freedom of contract. The expansion of liability over time reflects an expansion of the concept of human dignity bound up with fair access to important opportunities and due consideration of the needs and interests of differently situated groups in the design of important social institutions. This conception of dignity constructs it as an objective interest that can be affected by implicitly discriminatory behavior as well as by conduct motivated by prejudice, requiring more robust justification than the mere claim to liberty. This approach can explain many of the advances in modern discrimination law without resorting to end-state distributive principles. (shrink)

In this paper I argue that, contrary to both H. L. A Hart and Patrick Devlin, and in sympathy with D. G. Brown, it is possible to read Mill as arguing in On Liberty that morality should be enforced, by public moral disapprobation by society, and by fines, imprisonment, execution, etc., by the state, when it will promote the general welfare. The difference between Mill and his predecessors is that they had no standard for morality other than the subjective (...) standard of what society liked and disliked, whereas Mill has an objective standard: it is immoral to harm others (without their consent). Harm to oneself can never be immoral: "A person who shows rashness, obstinacy, self-conceit—who cannot live within moderate means—who cannot restrain himself from hurtful indulgences—who pursues animal pleasures at the expense of those of feeling and intellect… [these] self-regarding faults previously mentioned, which are not properly immoralities, and to whatever pitch they may be carried, do not constitute wickedness." Harm to others (without their consent) is immoral and is prima facie publicly criticizable and criminalizable: "When, by conduct of this sort, a person is led to violate a distinct and assignable obligation to any other person or persons, the case is taken out of the self-regarding class and becomes amenable to moral disapprobation in the proper sense of the term.". (shrink)

Catherine Keller's Cloud of the Impossible knits together process theology and relational ontology with quantum mechanics. In quantum physics, she finds a new resource for undoing the architecture of classical metaphysics and its location of autonomous human subjects as the primary gears of ethical agency. Keller swarms theology with the quantum perspective, focusing in particular on the phenomenon of quantum entanglement, by which quantum particles are found to remain influential over each other long after they have been physically separated—what Albert (...) Einstein and his collaborators recklessly dismissed as “spooky action at a distance.” This spooky action, Keller suggests, reroutes process thought—classically concerned with flux—to a new concern with intransigence—particularly the intransigence of the ethical relationship. Attending to the ethical urgency of the Other, she leaves process theology in a position of susceptibility to the moral imperative posed by the marginalized, the victimized, and the oppressed. This essay argues that although the ontological work of Keller's book productively integrates quantum physics into process theology, the ethical dimension of relationality is left cold in the quantum field. This is because, contra the ethical framework of contemporary deconstruction, which, following Emmanuel Levinas, sees ethical relationships as emerging out of a dynamic of infinite distance, moral connection has nothing to do with the remote reaches of the quantum scale or the macro-scale limits of space—nothing to do with “infinity” at all. Ethics emerges out of a much messier landscape—the evolved dynamic of fleshy, finite, material bodies. Rather than seeing ethical labor as a matter of physics, my contention is that interdisciplinary undertakings like Cloud of the Impossible are ethical disciplinary practices, re-acquainting us with the non-sovereignty of the self in order to open up new habits of relating rather than spotlighting ethical imperatives. (shrink)

Creativity in science and engineering has moral significance and deserves attention within professional ethics, in at least three areas. First, much scientific and technological creativity constitutes moral creativity because it generates moral benefits, is motivated by moral concern, and manifests virtues such as beneficence, courage, and perseverance. Second, creativity contributes to the meaning that scientists and engineers derive from their work, thereby connecting with virtues such as authenticity and also faults arising from Faustian trade-offs. Third, morally (...) creative leadership is important at all levels of science and engineering. (shrink)

The central challenges for moral fictionalism are twofold: first, to explain how its recommendation that we abandon moral belief and assertion can be reconciled with its rationale of preserving the motivational efficacy of moral thought and discourse; second, to explain what the point is of replacing moral belief and assertion to begin with. This chapter clarifies these challenges and argues that Richard Joyce’s recent “metaphorist” version of fictionalism fares no better with respect to them than his (...) earlier “narrationist” version. Just like its narrationist predecessor, metaphorist fictionalism fails to secure the motivational efficacy of moral thought and talk. The authors also find faults with yet more recent attempts at answering the above challenges for moral fictionalism, leaving the conservationist recommendation a more attractive alternative. This conclusion could be overturned if the conservationist proposal were sufficiently problematic in other respects, but the authors argue that it isn’t. (shrink)

THE ELEMENTARY MORAL DISTINCTION. The ultimate objects of moral assessment are people and their lives. I will call this the "elementary moral distinction." Many today seem to have lost sight of it. How often are we told that we should show respect for other people, only to discover that what we are actually being asked to show respect for is how those other people live? The equation of the two should be resisted. We do not always respect (...) a person by respecting how he lives. Sometimes quite the reverse. If someone is wasting his life but still deserves to be respected, the default way to show him the respect that he deserves is to do something that improves the way he is living- shake him out of it, block his path, change his incentives, shield him from further exploitation, and so forth. Sometimes, of course, there is no action open to us that will yield any improvement in how he lives, while on other occasions the only things we can do are disproportionate. In such cases we have to tolerate his continuing to live as badly he does. But toleration is one thing, and respect is quite another. Toleration is the moral virtue of those who appropriately curb their wish to eliminate what they do not respect. One cannot respect the way someone is living and tolerate it at the same time. (shrink)

In this paper I discuss various hard cases that an account of moral ignorance should be able to deal with: ancient slave holders, Susan Wolf’s JoJo, psychopaths such as Robert Harris, and finally, moral outliers. All these agents are ignorant, but it is not at all clear that they are blameless on account of their ignorance. I argue that the discussion of this issue in recent literature has missed the complexities of these cases by focusing on the question (...) of epistemic fault. It is not clear that all blameworthy morally ignorant agents have committed an epistemic fault. There are other important issues that pull us in various directions: moral capacity, bad will, and formative circumstances. I argue that bad will is what is crucial, and moral ignorance itself can be a form of bad will. I argue that we should distinguish between two sorts of bad will, and correspondingly, two sorts of blameworthiness. Ordinary blameworthiness, requires moral knowledge, and is based on akratic action. The other kind of blameworthiness, objective blameworthiness, applies when the agent is morally ignorant, and when this indicates bad will. Objective blameworthiness can be undermined by unfortunate formative circumstances. (shrink)

Harry Frankfurt's famous examples of overdetermined moral agents who are nevertheless responsible for their actions and omissions have long been hailed as proofs that the ability and/or opportunity to do otherwise is not a necessary condition for moral responsibility. In this paper I use recent clarifications of some of these examples by Frankfurt himself to show that their force relies in part on tacit ceteris paribus assumptions concealing a reliance on PAP that concerns matters of fairness in assessing (...) moral responsibility. (shrink)

This study examines some of the moral and theological convictions that created tensions for early Christians who affirmed that the government's sword is ordained by God for a fallen world but also that Christians should not exercise it at least in warfare. Three important moral pressures toward Christian participation in war were the recognition of prevention or removal of harm as a requirement of neighbor-love, the related sense of responsibility, fault, and guilt for omissions, and the generalization (...) test proposed by Celsus, who asked Christians to consider what would happen if everyone did what they were doing, i.e., refrained from military service. Along with many other factors, these ideas contributed to the legitimation of Christian participation in war. But this legitimation itself created additional tensions, particularly because of the requirements to "turn the other cheek," to "go the second mile," etc. In order to lessen these tensions, the Church and its theologians developed several interrelated distinctions that could reduce the scope or strength of the radical demands: higher/lower; for oneself/ for others; inner/outer; and private/public. (shrink)

What should a person do when, through no fault of her own, she ends up believing a false moral theory? Some suggest that she should act against what the false theory recommends; others argue that she should follow her rationally held moral beliefs. While the former view better accords with intuitions about cases, the latter one seems to enjoy a critical advantage: It seems better able to render moral requirements ‘followable’ or ‘action-guiding.’ But this tempting thought (...) proves difficult to justify. Indeed, whether it can be justified turns out to depend importantly on the rational status of epistemic akrasia. Furthermore, it can be argued, from premises all parties to the moral ignorance debate should accept, that rational epistemic akrasia is possible. If the argument proves successful, it follows that a person should sometimes act against her rationally held moral convictions. (shrink)

In “Moral Luck” Bernard Williams describes a lorry driver who, through no fault of his own, runs over a child, and feels “agent-regret.” I believe that the driver’s feeling is moral since the thought associated with this feeling is a negative moral evaluation of his action. I demonstrate that his action is not morally inadequate with respect his moral obligations. However, I show that his negative evaluation is nevertheless justified since he acted in way that (...) does not live up to his moral values. I then use this distinctive negative moral evaluation to distinguish agent-regret from guilt and mere regret. (shrink)

Vicarious responsibility is sometimes analysed by considering the different kinds of agents involved—who is vicariously responsible for the actions of whom? In this paper, I discuss vicarious responsibility from a different angle: in what sense is the vicarious agent responsible? I do this by considering the ways in which one may take responsibility for events caused by another agent or process. I discuss three senses of taking responsibility—accepting fault, assuming obligations, and fulfilling obligations—and the forms of vicarious responsibility that (...) correspond to these. I end by explaining how to judge which sense applies in a given case, based on the degree of (what I call) moral entanglement between the agent and what they should take responsibility for. (shrink)

An invaluable work especially for professionals and students in health care, bioethics, humanities, cultural studies, and for the educated lay reader, this volume offers a critical reflection on cultural competence and awareness in health care, an arena where world views and values often collide.

Is moral realism compatible with the existence of moral disagreements? Since moral realism requires that if two persons are in disagreement over some moral question at least one must be objectively mistaken, it seems difficult to uphold that there can be moral disagreements without fault. Alison Hills argued that moral realism can accommodate such disagreements. Her strategy is to argue that moral reasoners can be faultless in making an objectively false moral (...) judgement if they followed the relevant epistemic norm, i.e. follow your conscience, when making their judgement. I will argue that Hills' strategy does not work. The putative epistemic norm follow your conscience does not trump moral truth, because believing something wrong for the wrong reasons is worse than believing something right for the wrong reasons. (shrink)

Moral high-performers have characteristic faults. I describe difficulties in handling moral problems that arise not out of faulty intentions or defective values but because the agents underestimate the complexity of the situation.

Faultless disagreements are disagreements between two people, neither of whom has made a mistake or is at fault. It has been argued that there are faultless moral disagreements, that they cannot be accommodated by moral realism, and that in order to account for them, a form of relativism must be accepted. I argue that moral realism can accommodate faultless moral disagreement, provided that the phenomena is understood epistemically, and I give a brief defence of the (...) relevant moral epistemology. (shrink)

I am going to be discussing a mode of moral responsibility that anglophone philosophers have largely neglected. It is a type of responsibility that looks to the future rather than the past. Because this forward-looking moral responsibility is relatively unfamiliar in the lexicon of analytic philosophy, many of my locutions will initially strike many readers as odd. As a matter of everyday speech, however, the notion of forward-looking moral responsibility is perfectly familiar. Today, for instance, I said (...) I would be responsible for watching my nieces while they swam. Neglecting this responsibility would have been a moral fault. When people marry, they undertake responsibilities, of moral import, of fidelity and mutual support. When people have children, they accrue moral responsibilities to feed, rear, and educate them. Not all forward-looking responsibilities are moral. While finishing this essay, I have had to keep an eye on a number of my administrative responsibilities, and, while reading it, you may well be occasionally distracted by some of your own. The notion of a responsibility that we accrue or take on, to look out for some range of concerns over some range of the future, is, then, perfectly familiar. Because this common notion of forward-looking responsibility has not been integrated into recent moral theory, however, my philosophical discussion of it will initially seem strange. (shrink)

Literature and philosophy have a sometimes prickly relationship. And let's be blunt: it is all philosophy's fault. Specifically, it is all Plato's fault. In The Republic, he laid out the rationalist's basic suspicions of literary practice. Literature, he argued, corrupts reason by appealing to the emotions. It trades in appearances and not reality, fiction rather than truth. Not only does it fail to encourage good behaviour, it glamorises bad behaviour, making immorality appealing to the young and impressionable. Until (...) poets could be trusted to promote virtue through their works, Plato banished them from his republic. (shrink)

Humans have binding moral obligations and the capacity to understand these obligations and to act upon them. Rarely do our moral obligations come to us under perfect circumstances. It seems necessary, then, that if the circumstances surrounding our moral decisions are imperfect, our obligations within an imperfect moral situation should be different from what they would be in a perfect scenario. This is true especially if the circumstances surrounding our moral obligation have been altered due (...) to no fault of our own. Ethical theorists speak often of moral dilemmas. However, I contend that such a thing as a true moral dilemma does not exist. There is always a choice that can be called the right choice. Regarding moral dilemmas, if an outside agent were to create a moral blackmail situation where a moral agent is forced to choose between two morally wrong actions, a moral agent still can make a morally right choice. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: (...) it is their deficient practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

Our attitude towards cynicism is ambivalent: On the one hand we condemn it as a character failing and a trend that is undermining political and social life; on the other hand, we are often impressed by the apparent realism and honesty of the cynic. My aim in this paper is to offer an account of cynicism that can explain both our attraction and aversion. After defending a particular conception of cynicism, I argue that most of the work in explaining the (...) fault of cynicism can be done by referring not to the cynic’s beliefs about humanity, but to the attitude cultivated as a response to that belief. This attitude is hostile to the virtues of faith, hope and charity, upon which relationships and our sense of moral community depend. In conclusion, I suggest that holding the cynical belief is itself immoral, and that cynicism is disrespectful and destructive of morality. (shrink)

This essay is an expansion and refinement of the key ideas and distinctions that Foot advances in ‘Killing and Letting Die’. Here, she defends two morally relevant distinctions: firstly, that between ‘what we do’ and what ‘we allow to happen’ and secondly, what we aim at and what we only foresee as the result of what we do. Utilitarianism as a moral theory is, Foot claims, at fault in overlooking these important distinctions. She describes cases in which although (...) it would be thought permissible to let one person die if we could then save a greater number, we should be outraged by the idea that we could kill one person in order to save them. Moreover, the impermissibility of even allowing one person to die deliberately in order to use the body to save others shows that the distinction between doing and allowing must be supplemented by the distinction between direct and indirect intention. Foot therefore argues that Utilitarianism is a deficient moral theory in that it overlooks these complexities of agency. This mistake came from the attempt to ground all moral judgements in purely causal relationships to better or worse ‘states of affairs,’ and in the latter part of the essay Foot calls into question the whole idea of ‘good states of affairs from a moral point of view’ that Utilitarians suppose to stand as the one foundation of all moral judgements. (shrink)

Parallel moral luck problems exist in three different normative domains: criminal law, tort law, and conventional moral thinking. In all three, the normative status of an actor’s conduct seems to depend on matters beyond the actor’s control. Criminal law has historically imposed greater punishment on the murderer who kills his intended victim than on the identically behaved would-be murderer whose shot fortuitously misses. Tort law imposes liability on the negligent driver who injures someone, but no liability if, through (...) good fortune, the negligence injures no one. And, as BernardWilliams and Thomas Nagel have famously argued, conventional moral thinking often attributes greater blame to an actor for wrongful conduct if that conduct ripens into a terrible event than if it fortuitously causes no harm at all. This Article distinguishes two different dimensions of responsibility and then uses this distinction to explain the problem in all three areas. One dimension is called "fault-expressing responsibility": it is a matter of the degree to which one’s acts constitute conduct that can express one’s character or faultiness. A second dimension of responsibility is called "agency-linking responsibility." In this dimension, the degree to which a person is responsible for some event is dependent upon whether that event is an action of that person. Responsibility can differ in the agency-linking dimension even if it remains the same in the fault-expressing dimension. (shrink)

This chapter conceptually analyzes the post-traumatic stress injuries called moral injury, moral fatigue or exhaustion, and broken spirit. It then identifies two puzzles. First, soldiers sometimes sustain moral injury even from doing right actions. Second, they experience moral exhaustion from making decisions even where the morally right choice is so obvious that it shouldn’t be stressful to make it; and even where rightness of decision is so murky that no decision could be morally faulted. The injuries (...) result of mistaken moral self-evaluation. Methods of preventing and treating these injuries are defended, including training in self-forgiveness, moral off-loading of actions and decisions to persons and devices less likely to feel inappropriate guilt, and the use of drugs to prevent such guilt. The foregoing has been about moral injury erroneously resulting from the non-violation of a correct moral code. But the chapter then introduces the concept of moral pseudo-injury—felt moral injury that has in reality resulted from violation of a false moral code, so that no one has really been morally injured. This can be used as a method in warfighting. And since the injuries it produces are illusory, this would be morally superior to physical violence. For it causes less injury to its victims, and should cause less guilt in those who must inflict it. Historical precedents are considered. Finally, our enemies often use moral pseudo-injury against us, in the form of terrorist violence against civilians. Terrorism causes comparatively few harms, yet we mistakenly see it as more morally horrific than conventional combat that causes much worse loss of life among armed forces members. Here we need the nuancing and clarifying power of philosophy to restore a sense of proportion, thence to prevent or therapize the moral pseudo-injury we may experience from these sorts of attacks. (This is a pre-penultimate version of the published version, available from OUP at the external link, which contains minor variances. The paper was earlier known as "PTSD Weaponized: A Theory of Moral Injury"; that now superseded version is archived under "past conferences" on the Center for Ethics and the Rule of Law website.). (shrink)

On March 11, 2011, a magnitude 9.0 earthquake and thirty-eightmeter high tsunami destroyed Tokyo Electric’s Fukushima nuclear power complex. The disaster was not a high-damage, low-probability event. It was a high-damage, high-probability event. Massive earthquakes and tsunamis assault the coast every century. Tokyo Electric built its reactors as it did because it would not pay the full cost of a meltdown anyway. Given the limited liability at the heart of corporate law, it could externalize the cost of running reactors. In (...) most industries, firms rarely risk tort damages so enormous they cannot pay them. In nuclear power, “unpayable” potential liability is routine. Privately owned companies bear the costs of an accident only up to the fire-sale value of their net assets. Beyond that, they pay nothing — and the damages from a nuclear disaster easily soar past that point. Government ownership could eliminate this moral hazard — but it would replace it with problems of its own. Unfortunately, the electoral dynamics in wealthy modern democracies combine to replicate nearly perfectly the moral hazard inherent in private ownership. Private firms will build reactors on fault lines — but so will governments. (shrink)

We discuss the demandingness of Kant’s ethics. Whilst previous discussions of this issue focused on imperfect duties, our first aim is to show that Kantian demandingness is especially salient in the class of perfect duties. Our second aim is to introduce a fine-grained picture of demandingness by distinguishing between different possible components of a moral theory which can lead to demandingness: a required process of decision making, overridingness and the stringent content of demands, due to a standpoint of (...) class='Hi'>moral purity. This distinction allows a specification of the sources of demandingness in Kant. The most characteristically Kantian form of demandingness springs from overridingness and purity and comes as a constant threat that an agent might find herself in a situation in which, due to no fault of her own, she is required to sacrifice everything for little to no non-moral goods. Our third aim is to discuss whether Kant has the resources to reply to those who criticize his ethics based on its demandingness. For this purpose we discuss Kant’s notion of “rationalizing” in the context of various types of current conceptions of demandingness and calls for moderate ethical theories. (shrink)

Coady explores the challenges that morality poses to politics. He confronts the complex intellectual tradition known as realism, which seems to deny any relevance of morality to politics, especially international politics. He argues that, although realism has many serious faults, it has lessons to teach us: in particular, it cautions us against the dangers of moralism in thinking about politics and particularly foreign affairs. Morality must not be confused with moralism: Coady characterizes various forms of moralism and sketches their distorting (...) influence on a realistic political morality. He seeks to restore the concept of ideals to an important place in philosophical discussion, and to give it a particular pertinence in the discussion of politics. He deals with the fashionable idea of "dirty hands," according to which good politics will necessarily involve some degree of moral taint or corruption. Finally, he examines the controversial issue of the role of lying and deception in politics. Along the way Coady offers illuminating discussion of historical and current political controversies. This lucid book will provoke and stimulate anyone interested in the interface of morality and politics. (shrink)

Some versions of moral naturalism are faulted for implausibly denying that moral obligations and prescriptions entail categorical reasons for action. Categorical reasons for action are normative reasons that exist and apply to agents independently of whatever desires they have. I argue that several defenses of moral naturalism against this charge are unsuccessful. To be a tenable meta-ethical theory, moral naturalism must accommodate the proposition that, necessarily, if anyone morally ought to do something, then s/he has a (...) categorical reason to do it. Versions of moral naturalism that deny this claim would, if widely believed, disable some crucial practical uses of moral concepts. In particular, if the existence of normative reasons for action is taken to be dependent on agents’ desires, it would breed profound skepticism about the legitimacy of evaluating others’ actions from a moral point of view. Also, it would raise doubts about whether people ought to correct their own behavior in light of moral considerations. Following Richard Joyce, I take these consequences to indicate that the concept of a categorical reason is a “non-negotiable” part of moral concepts. (shrink)

Radical relativism was born with a promise: to account for certain phenomena that opposite views are unable to explain. One example is the phenomenon of “faultless disagreement”, according to which two people, while disagreeing, are not at fault in any substantive way. The phenomena of retraction and assessments of truth in cases of eavesdropping are others. All these phenomena have been claimed to pose serious problems for rival views and be best accounted for within a radical relativistic framework. While (...) “faultless disagreement” and the notion of disagreement in general has benefited from extensive discussion in current debates over semantic content, retraction has not been in the spotlight that much. In particular, very few things have been said about what retraction exactly amounts to and how to conceive of its normative profile. This will be the focus of our paper. (shrink)

In the last forty years there has been a resurgence of interest in moral dilemmas—situations in which through no fault of a person’s own, he or she is morally required to do one thing, required to do another, but cannot do both. Some prominent figures have argued that such things could be. Opponents have marshaled several anti-dilemma arguments in response. For the most part, this debate has centered on issues in metaethics. Those metaethical questions are interesting, and resolving (...) them could (in principle, at least) settle the debate about moral dilemmas. However, this paper will show that this exclusive focus on metaethics has been a mistake. Both dilemma advocates and dilemma opponents have failed to recognize that the debate could also be settled by answering an important question in normative ethics: is it possible for there to be an absolute prohibition on allowing something to happen? If the answer is yes, then dilemmas are possible, and if the answer is no, then they are not. Furthermore, it will be argued that it is our instincts about this normative issue that truly shape our views on the dilemmas debate. After sorting out these issues, the paper argues that as yet there is no good reason to rule out the theory of dilemma advocates, and thus that the widespread rejection of moral dilemmas is not as well-founded as is often assumed. (shrink)

Agonism emerged three decades ago as an assault on the overemphasis in political theory on justice and consensus. It has now become the norm. But its character and relation to core values of democracy are not as unproblematic today as is often thought, an issue that becomes more pressing as contemporary politics increasingly seem locked into notions of unrelenting conflict between “friends” and “enemies.” This essay traces alternative ontological roots and ethical implications of agonism, distinguishing between “imperializing” and “tempered” modes. (...) The former, exemplified in the popular Schmitt-Mouffe formulation, is shown to be fundamentally flawed in its failure to conceive politics in a fashion that does not allow the dynamic of friend–enemy to imperially trump appeals to democratic norms. In a world of insurgent white nationalism in democratic polities, this is no small fault. “Tempered” agonists, such as William Connolly and Bonnie Honig, offer ontologies where democratic norms can gain traction. Despite the admirable qualities of these alternatives, their formulations are nevertheless not fully persuasive. The difficulty lies in their underarticulated accounts of equality. I suggest an alternative formulation of agonism that embraces a central role for the idea of the moral equality of voice, a value that resides in the seam between notions of difference, resistance, and conflict emphasized by agonists, on the one hand, and the idea of fairness emphasized by notions of democratic justice, on the other. (shrink)

Antitheodicy objects to all attempts to solve the problem of evil. Its objections are almost all on moral grounds—it argues that the whole project of theodicy is morally offensive. Trying to excuse God’s permission of evil is said to deny the reality of evil, to exhibit gross insensitivity to suffering, and to insult the victims of grave evils. Since antitheodicists urge the avoidance of theodicies for moral reasons, it is desirable to evaluate the moral reasons against theodicies (...) in abstraction from the intellectual reasons for and against them. It is argued that the best known theodicies such as those based on soul-making and free will are guilty of moral faults as alleged. But Leibniz’s best of all possible worlds theory, often thought to be the most morally offensive ‘Panglossian’ theodicy, is morally blameless because it excuses God by the absolute impossibility of his choosing any world better than the present one. Theodicy should not be conceived of as a search for greater goods which may excuse God’s permitting evils. From the divine point of view, creation is an upfront choice between scenarios—in modern parlance, a Trolley problem rather than a Transplant problem. In cases of forced choice among scenarios, it is morally improper to criticize one who chooses the best. (shrink)