Arlie Hochschild glosses the practice of women migrants in poor nations who leave their families behind for extended periods of time to do carework in other wealthier countries as a “global heart transplant” from poor to wealthy nations. Thus she signals the idea of an injustice between nations and a moral harm for the individuals in the practice. Yet the nature of the harm needs a clear articulation. When we posit a sufficiently nuanced “right to care,” we (...) locate the harm to central relationships of the migrant women. The “right to (give and receive) care” we develop uses a concept of a relational self drawn from an ethics of care. The harm is situated in the broken relationships, which in turn have a serious impact on a person’s sense of equal dignity and self-respect, particularly since the sacrifice of central relationships of the migrant woman allows others (mostly women) to maintain these same relationships. The paper ends with a brief discussion of some of the solutions we need to consider. (shrink)

This essay explores small “ordinary” experiences of moral harm as problems of social injustice. Starting with two stories, we first argue against a dominant framework of personal responsibility that assigns responsibility to particular blameworthy agents. Instead we sketch an account of why structural responsibility for social harm must be considered, drawing on the work of Iris Marion Young and Pierre Bourdieu. Finally, drawing on Margaret Walker’s notion of moral repair and Christopher Marshall’s interpretation of the parable (...) of the Good Samaritan, we sketch an account of Christian moral responsibility grounded in restorative justice that seeks to address daily experiences of moral harm through the moral repair work of neighbor-love. (shrink)

Conventional wisdom has it that evolution makes a sham of morality, even if morality is an adaptation. I disagree. I argue that our best current adaptationist theory of meaning offers objective truth conditionsfor signaling systems of all sorts. The objectivity is, however, relative to species – specifically to the adaptive history of the signaling system in question. While evolution may not provide the kind of species independent objective standards that (e.g.) Kantians desire, this should be enough for the practical work (...) of justifying our confidence in the objectivity of moral standards. If you believe morality is an adaptation, you should be a moral realist. (shrink)

In this article, I argue that victims of domestic violence characteristically suffer from two distinct kinds of moral harm: moral damage and moral injury. Moral damage occurs when the ability to develop or sustain good moral character has been compromised by an agent’s circumstances. Moral injury refers to a kind of psychological anguish that follows from when an agent causes or becomes causally implicated in actions that we ordinarily would understand to be morally (...) grievous offenses because of their circumstances. A person can experience moral damage or moral injury separately, but the experiences of moral damage and moral injury can also overlap. Because abusers often expect victims to adopt morally deficient dispositions and often implicate victims in wrongdoing, I argue that victims of domestic violence characteristically suffer from both moral damage and moral injury. By appreciating the different yet overlapping moral experiences of the victim, we become better positioned to identify strategies for responding to and repairing the different harms they suffer. (shrink)

When it comes to supporting the well-being of a person living with dementia, remaining sensitive to that person’s interests can be challenging, given the impairments that typically define the condition particularly in its later stages. Epistemic arrogance, an attitude regularly adopted by people not living with dementia towards those who are, further impedes this task. In this case, epistemic arrogance amounts to the assumption that one sufficiently knows or can imagine what it is like to live with dementia to make (...) decisions in matters concerning the care and well-being of someone with dementia, without appropriately consulting their views and preferences. Drawing on three fictional scenarios, I describe common pathways for epistemic arrogance in dementia-support contexts and the ways in which these cause moral harm, linking them to central issues in dementia studies and medical ethics, including person-centered care, the “best interests” principle and the prescriptive reach of advance directives. (shrink)

Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an understanding (...) of these issues. The volume contains classical and contemporary philosophical statements as well as a generous sampling of legal cases and opinions, including such topics of current interest as flag-burning, nude dancing, the sale of human organs, and sexual behavior. The volume represents the best in applied legal and moral philosophy. (shrink)

Moral norms are the rules of morality, those that people actually follow, and those that we feel people ought to follow, even when they don’t. Historically, the social sciences have been primarily concerned with describing the many forms that moral norms take in various cultures, with the emerging implication that moral norms are mere arbitrary products of culture. Philosophers, on the other hand, have been more concerned with trying to understand the nature and source of rules that (...) all cultures ought to follow, with relatively little regard for what people actually do. The tension between the two approaches has to do with whether there are any standards higher than the whims of culture in determining right and wrong. Typically, the social sciences say “no”, pointing at the diversity of moral beliefs. Most philosophers (along with people of moral conviction) feel that there must be some deeper source of morality than the trends and fads of culture. Unfortunately, the nature and source of such standards has remained something of a mystery. Recent work on the evolution of norms has changed this picture dramatically. (shrink)

Moral injury is a term whose popularity has grown in psychology and psychiatry, as well as philosophy, over the last several years. This presents challenges, because these fields use the term in different ways and draw their understanding from different sources, creating the potential for contradiction. This, however, is also an opportunity. Comparison between behavioral sciences and philosophy can help enrich understandings of harms considered not just psychological but moral. To this end, I provide an overview of the (...) more influential writing of moral injury, mapping them into three broad discourses: clinical, juridical-critical, and structural. This overview then leads to a discussion of how comparative engagement among these discourses promises to expand on current theories of moral harm. I argue that such a comparison will demonstrate that more emphasis on structural violence will strengthen current understandings of moral injury, often understood in a more narrow sense to be a result of more direct, physical violence, allowing us to view moral injury as a result of institutional and social violence and injustices. (shrink)

This paper investigates the relations between the concepts of moral harm and moral responsibility, arguing for a circularity between the two. On this basis the conceptual soundness of descriptivism, on which consequentialist and non-consequentialist arguments are often grounded, is questioned. In the last section a certain version of ascriptivism is defended: The circularity is relevant in order to understand how a restricted version of ascriptivism may in fact be well founded.

This paper demonstrates that accounting for the moral harm of selecting for deafness is not as simple or obvious as the widespread negative response from the hearing community would suggest. The central questions addressed by the paper are whether our moral disquiet with regard to selecting for deafness can be adequately defended, and if so, what this might entail. The paper considers several different strategies for accounting for the supposed moral harm of selecting for deafness (...) and concludes that the deaf case cannot be treated in isolation. Accounting for the moral harm of selecting for deafness necessarily entails moral implications for other cases of procreation and procreative decision-making, including unassisted coital reproduction. The lesson to be learned from the deaf case is that we need norms that govern not just the use of reproductive technology, but procreation and procreative decision-making in all of its various forms. (shrink)

This book is devoted to the so-called moral virtues, especially those moral virtues of which Christian tradition upholds that they are given by God to the faithful. For instance patience, humility and justice. There are not only different interpretations of these infused moral virutes, but it is also not unambiguous in the theology of Aquinas how these virtues are related to the virtues human beings acquire on their own accord. What is the relationship with Scripture, how do (...) these virtues clour the imitation of Christ, and what do these virtues tell about the moral life of non-Christians? (shrink)

In an effort to solve the shortage of transplantable organs, there have been several proposals to introduce an opt-out approach to deceased organ donation in England. In seeking to enact the so-called ‘opt-out proposal’ via an amendment to the Human Tissue Act 2004, The Organ Donation Bill 2017–19 represents the most recent attempt at such legal reform. Despite popular calls to the contrary, I argue in this paper that it would be premature for England, or, indeed, any country, to adopt (...) an opt-out approach at this time. Not only is the available evidence inconclusive on whether introduction of the opt-out proposal would increase the supply of transplantable organs, but there is also a chance that doing so might bring about an otherwise avoidable moral harm through an unjustified interference with individual autonomy. I maintain that the resources required to change the law to such effect would be better expended on alternative, provenly efficacious and less contentious mechanisms for increasing the supply of transplantable organs, such as: improving communication with the family of the deceased, developing infrastructure, raising public awareness and enhancing staff training, attitudes and understanding towards organ donation. (shrink)

Mundane and often subtle forms of bias generate harms that can be fruitfully understood as akin to the harms evident in rudeness. Although subclinical expressions of bias are not mere rudeness, like rudeness they often manifest through the breach of mannerly norms for social cooperation and collaboration. At a basic level, the perceived harm of mundane forms of bias often has much to do with feeling oneself unjustly or arbitrarily cut out of a group, a group that cooperates and (...) collaborates but does not do so with me. Appealing to the subtle but familiar choreography of mannered social interaction, I argue, makes it easier to recognize how exclusion can be accomplished through slight but symbolically significant gestures and styles of interaction, where bias manifests not in announced hostility but in an absence of the cooperation and collaboration upon which we rely socially. (shrink)

This paper examines Wittgenstein's conception of absolute safety in the light of two potential problems exposed by Winch. These are that, firstly: even if someone's life has been virtuous so far, the contingency of its remaining so until death vitiates the claim that the virtuous person cannot be harmed; and secondly: when voiced from a first-person standpoint, the claim to be absolutely safe due to one's virtuousness appears hubristic and self-undermining. I argue that Wittgenstein's mystical conception of safety, unlike some (...) others, requires no claim about one's own virtue and hence can be construed as avoiding these problems. (shrink)

Moral norms are the rules of morality, those that people actually follow, and those that we feel people ought to follow, even when they don’t. Historically, the social sciences have been primarily concerned with describing the many forms that moral norms take in various cultures, with the emerging implication that moral norms are mere arbitrary products of culture. Philosophers, on the other hand, have been more concerned with trying to understand the nature and source of rules that (...) all cultures ought to follow, with relatively little regard for what people actually do. The tension between the two approaches has to do with whether there are any standards higher than the whims of culture in determining right and wrong. Typically, the social sciences say “no”, pointing at the diversity of moral beliefs. Most philosophers (along with people of moral conviction) feel that there must be some deeper source of morality than the trends and fads of culture. Unfortunately, the nature and source of such standards has remained something of a mystery. Recent work on the evolution of norms has changed this picture dramatically. (shrink)

During the last two decades virtue ethics has become the focal point of renewed ethical and theological interest. To lead a good life, it proves useful to watch those who have mastered the art of living. The conviction that living is an art is at the heart of virtue ethics. Living a good life requires exercise, and is a question of acquiring a virtuous character rather than of complying with external ethical and legal rules. This renaissance partly builds on Thomas (...) Aquinas. He in turn recovered Aristotelian, Ciceronian and Augustinian thought on virtue ethics. The interpretation and development of virtues and vices form the core of his authorship, as the 'secunda pars' of his 'Summa Theologiae' readily displays. And yet, the most important virtues for him are not the moral ones, such as Justice, Temperance, Prudence and Fortitude, but those virtues that are both infused by and aimed at God: Faith, Hope and Love. These are virtues that the philosophers of antiquity were not aware of. To account for them, Aquinas had to adapt the classical understanding of virtues. For Aquinas, the moral virtues come to full fruition only when they are embedded in a life before God, a life lived exercising the God given theological virtues. By ignoring Faith, Hope and Love, the present discussion of virtue ethics not only ignores those virtues that were for Aquinas of utmost importance, but also fails to arrive at a complete understanding of his view of the moral virtues. (shrink)

Telenomic Agency: Towards a proper functions theory of normativity (pdf) is a recent paper on the biological basis of normativity. This paper attempts to show that the notion of biological function/malfunction has more to offer our understanding of genuine agency than is usually acknowledged. It is suggested that moral and rational normativity attach to signals in very specific biological regulatory systems, and that the complexity of these systems accounts for much of the phenomenological richness of agency, as well as (...) showing the error in standard counterexamples. If this is correct, it turns out that the incommensurability between "is" and "ought" may be due to the requirements of the systems within which descriptive and overtly normative language have their biologically normative roles, rather than to any incompleteness in naturalistic accounts. One consequence is that moral language can have objective (and naturalistically specifiable) truth conditions, without special moral facts and without reducibility to naturalistic description. (shrink)

In legal decisions standpoints can be supported by formal and also by substantive interpretative arguments. Formal arguments consist of reasons the weight or force of which is essentially dependent on the authoritativeness that the reasons may also have: In this connection one may think of linguistic and systemic arguments. On the other hand, substantive arguments are not backed up by authority, but consist of a direct invocation of moral, political, economic, or other social considerations. Formal arguments can be analyzed (...) as exclusionary reasons: The authoritative character excludes—in principle—substantial counterarguments. Formal arguments are sometimes used to conceal value judgements based on substantial arguments. This paper deals with reconstructing problems regarding this strategic use of formal arguments in legal decisions, with a focus on linguistic argumentation. (shrink)

The moral/conventional task has been widely used to study the emergence of moral understanding in children and to explore the deficits in moral understanding in clinical populations. Previous studies have indicated that moral transgressions, particularly those in which a victim is harmed, evoke a signature pattern of responses in the moral/conventional task: they are judged to be serious, generalizable and not authority dependent. Moreover, this signature pattern is held to be pan‐cultural and to emerge early (...) in development. However, almost all the evidence for these claims comes from studies using harmful transgressions of the sort that primary school children might commit in the schoolyard. In a study conducted on the Internet, we used a much wider range of harm transgressions, and found that they do not evoke the signature pattern of responses found in studies using only schoolyard transgressions. Paralleling other recent work, our study provides preliminary grounds for skepticism regarding many conclusions drawn from earlier research using the moral/conventional task. (shrink)

The dominant view in the philosophical literature contends that internalized oppression, especially that experienced in virtue of one's womanhood, reduces one's sense of agency. Here, I extend these arguments and suggest a more nuanced account. In particular, I argue that internalized oppression can cause a person to conceive of herself as a deviant agent as well as a reduced one. This self-conception is also damaging to one's moral identity and creates challenges that are not captured by merely analyzing a (...) reduced sense of agency. To help illustrate this claim, I consider experiences of people of color who internalize stereotypes regarding criminality and moral deviance. With these examples in mind, I show that internalized prejudices regarding criminality can cause people of color to view themselves as outlaws in the moral community, that is, as wrongdoers. This conclusion helps give voice to some of the challenges that women of color who experience multiple sorts of internalized prejudices often face. To conclude, I discuss one strategy for empowerment that women of color have used when confronted with multiple forms of internalized oppression. (shrink)

That we are morally responsible for what we do willingly and knowingly is a commonplace. That our moral responsibility extends as far as to cover at least the intended consequences of our voluntary actions and perhaps also the ones we did not intend, but could or did foresee, is equally beyond dispute. But what about omissions? Are we, or can we be, (equally) morally responsible for the harm that has occured because we did not prevent it, even though (...) we could have done so? Say, for all the enormous suffering, caused daily by famine, deprivation and curable diseases in the Third World countries? Moral intuitions and practices that one could consult in this matter seem to leave us in the dark. We regularly ascribe responsibility to people for harms resulting from their negligence or failure to fulfill professional duties. On the other hand, we tend to think that unless there is some evidence of the causal contribution that agents made to a harmful event and/or state, it is not really fair to blame it on them. And finally, to complicate things even more, most of us deny that omissions could effect anything (any change) in the world and consequently regard them as causally impotent (as well as possibly harmless). (shrink)

Three public opinion studies examined public attitudes toward prevalence reduction (PR; reducing the number of people engaging in an activity) and harm reduction (HR; reducing the harm associated with an activity) across a wide variety of domains. Studies 1 and 2 were telephone surveys of California adults’ views on PR and HR strategies for a wide range of risk domains (heroin, alcoholism, tobacco, skateboarding, teen sex, illegal immigration, air pollution, and fast food). “Moral outrage” items (immoral, disgusting, (...) irresponsible, dangerous) predicted preference for PR over HR, with disgust the most important predictor. In contrast, preferences were not predicted by whether the risk behavior was common, no one else’s business, or harmless. Study 3 explored whether there are domains where liberals might reject HR. A sample of liberal students preferred HR > PR for heroin, but PR > HR for ritual female circumcision; path analysis suggested that this reversal was explained by moral outrage rather than consequentialist judgments of harm to self and harm to others. (shrink)

A particularly strong reason to vaccinate against transmittable diseases, based on considerations of harm, is to contribute to the realization of population-level herd immunity. We argue, however, that herd immunity alone is insufficient for deriving a strong harm-based moral obligation to vaccinate in all circumstances, since the obligation significantly weakens well above and well below the herd immunity threshold. The paper offers two additional harm-based arguments that, together with the herd immunity argument, consolidates our moral (...) obligation. First, we argue that individuals should themselves aim not to expose others to risk of harm, and that this consideration becomes stronger the more non-vaccinated people there are, i.e., the further we are below herd immunity. Second, we elaborate on two pragmatic reasons to vaccinate beyond the realization of herd immunity, pertaining to instability of vaccination rates and population heterogeneity, and argue that vaccinating above the threshold should serve as a precautionary measure for buttressing herd immunity. We also show that considerations of harm have normative primacy in establishing this obligation over considerations of fairness. Although perfectly sound, considerations of fairness are, at worst secondary, or at best complementary to considerations of harm. (shrink)

In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of the (...) most vital concerns of legal and moral theory.Dan-Cohen looks first at the ubiquity of legal coercion and considers its decisive impact on the nature of legal discourse and communication, on law's normative aspirations and claim to obedience, and on the ideal of the rule of law. He moves on to discuss basic values, stressing the preeminence of individual identity and human dignity over the more traditional liberal preoccupations with preference-based choice and experiential harm. Dan-Cohen then focuses more directly on the normative ramifications of the socially constructed self. Fundamental concepts such as responsibility and ownership are reinterpreted to take account of the constitutive role that social practices--particularly law and morality--play in the formation of the self.Throughout, Dan-Cohen draws on a uniquely productive mix of philosophical traditions and subjects, blending the methods of analytic philosophy with the concerns of Continental philosophers to reconceive the self and its relation to ethics and the law. (shrink)

Moral distress is now being recognized as a frequent experience for many health care providers, and there's good evidence that it has a negative impact on the health care work environment. However, contemporary discussions of moral distress have several problems. First, they tend to rely on inadequate characterizations of moral distress. As a result, subsequent investigations regarding the frequency and consequences of moral distress often proceed without a clear understanding of the phenomenon being discussed, and thereby (...) risk substantially misrepresenting the nature, frequency, and possible consequences of moral distress. These discussions also minimize the intrinsically harmful aspects of moral distress. This is a serious omission. Moral distress doesn't just have a negative impact on the health care work environment; it also directly harms the one who experiences it. In this paper, I claim that these problems can be addressed by first clarifying our understanding of moral distress, and then identifying what makes moral distress intrinsically harmful. I begin by identifying three common mistakes that characterizations of moral distress tend to make, and explaining why these mistakes are problematic. Next, I offer an account of moral distress that avoids these mistakes. Then, I defend the claim that moral distress is intrinsically harmful to the subject who experiences it. I conclude by explaining how acknowledging this aspect of moral distress should reshape our discussions about how best to deal with this phenomenon. (shrink)

In healthcare practice, care providers are confronted with decisions they have to make, directly affecting patients and inevitably harmful. These decisions are tragic by nature. This study investigates the role of Moral Case Deliberation in dealing with tragic situations. In MCD, caregivers reflect on real-life dilemmas, involving a choice between two ethical claims, both resulting in moral damage and harm. One element of the reflection process is making explicit the harm involved in the choice. How harmful (...) are our decisions? We investigated how facilitators of MCD experience the importance of addressing harm in MCD and what participants learn from reflecting on harm. The study was qualitative, focusing on the views and experiences of the facilitators of MCD. Semi-structured interviews were conducted with facilitators of MCD. The research focuses on the subjective experiences of facilitators. Grounded Theory was used for analysis. The results show two main categories. The first concerns the awareness of tragedy. Within this category, five themes were discerned: making explicit that there is no solution, visualizing consequences, uncovering pain, focusing on emotion, and exploring perspectives on harm. The second category concerns the support for healthcare professionals in dealing with the tragedy of the choices they face. In this category, five themes came forward: acknowledging, offering comfort, managing harm, consideration through dialogue and repairing harm. Our study shows that addressing harm in MCD in tragic situations provides an important moral learning opportunity for participants. By formulating and becoming aware of harm, MCD aids healthcare professionals in the task they are faced with, namely making difficult and painful choices. MCD helps healthcare professionals to repair moral damage, making clear at the same time that harm cannot be undone. (shrink)

A person who is liable to defensive harm has forfeited his rights against the imposition of the harm, and so is not wronged if that harm is imposed. A number of philosophers, most notably Jeff McMahan, argue for an instrumental account of liability, whereby a person is liable to defensive harm when he is either morally or culpably responsible for an unjust threat of harm to others, and when the imposition of defensive harm is (...) necessary to avert the threatened unjust harm. Others may favour a purely noninstrumental account of liability: one that looks only to the past behaviour of the potentially liable person. We argue that both views are vulnerable to serious objections. Instead we develop and defend a new view of liability to defensive harm: the pluralist account. The pluralist account states that liability to defensive harm has at least two bases. First, if an attacker is morally or culpably responsible for an unjust attack then he has forfeited what we call his agency right, and in doing so he has made himself partially liable to defensive harm. Whether the attacker is fully liable to defensive harm depends, however, on whether the imposition of defensive harm would infringe a different right held by the attacker: his humanitarian right. Humanitarian rights are rights to be provided with urgently needed resources or to be protected from serious harms when others can do so at reasonably low cost. We argue the pluralist account avoids the objections to which the instrumental and noninstrumental views are vulnerable, coheres with our intuitive reactions in a wide range of cases, and sheds new light on the way different rights combine to determine a person's liability to suffer harm. (shrink)

Physicians vary in their moral judgments about health care costs. Social intuitionism posits that moral judgments arise from gut instincts, called “moral foundations.” The objective of this study was to determine if “harm” and “fairness” intuitions can explain physicians’ judgments about cost-containment in U.S. health care and using cost-effectiveness data in practice, as well as the relative importance of those intuitions compared to “purity”, “authority” and “ingroup” in cost-related judgments.

One important issue in moral psychology concerns the proper characterisation of the folk understanding of the relationship between harmful transgressions and moral transgressions. Psychologist Elliot Turiel and associates have claimed with a broad range of supporting evidence that harmful transgressions are understood as transgressions that are authority independent and general in scope which, according to them, characterises these transgressions as moral transgressions. Recently many researchers questioned the position advocated by the Turiel tradition with some new evidence. We (...) entered this debate proposing an original, deflationary view in which perceptions of basic-rights violation and injustice are fundamental for the folk understanding of harmful transgressions as moral transgressions in Turiel's sense. In this article we elaborate and refine our deflationary view, while reviewing the debate, addressing various criticisms raised against our perspective, showing how our perspective explains the existent evidence, and suggesting new lines of inquiry. (shrink)

Turiel and colleagues divided norms into two kinds: Moral norms and conventional norms. Moral norms are universal, concerned with welfare, justice, fairness, equality and/or rights, and rule/authority independent. Conventional norms are local, rule/authority dependent, and concerned with maintaining social coordination, preserving tradition, and avoiding punishment. This account has been challenged, and the existence of a crisp distinction remains debatable. In this paper, I defend a version of the moral/conventional distinction on the basis that people generally judge norms (...) concerned with welfare violations as moral, and that they distinguish between the morality of the action and that of the agent. I argue that we can make sense of the mixed data because people differ in how they perceive harm. Harm perception, rather than “objective” harm, is the relevant variable in knowing how people judge norms. To illustrate this, I explore why people perceive norms differently and how the moral/conventional distinction is reflected not only between cultures, but within them too. This should prompt us to reimagine the moral/conventional distinction to account for this diversity in perceptions. Doing away with the distinction risks misrepresenting both inter- and intra-cultural diversity in perceptions of harm. (shrink)

The target of my discussion is intuitions lay people have about justice in the context of drug policy—intuitions that take on a more or less moral-desert-based shape. I argue that even if we think desert is the right measure of how we ought to treat people, we ought still be in favour of Harm Reduction measures for people who use drugs. Harm Reduction measures are controversial with members of the public, and much of the opposition seems to (...) come from something like an appeal to a desert conception of justice—the notion that a just state of affairs is one in which everybody gets what they deserve, no more, no less. A recent study, for example, found that ‘moral outrage’ predicts a preference for prevalence reduction over Harm Reduction. The thinking seems to be that, since drug use is wrong, letting people who use drugs suffer and/or die as a consequence of their use is just. Aiding their health and safety, while perhaps compassionate, is unjust. I argue that there is a bad desert fit between using drugs and suffering avoidable harm even if using drugs is morally wrong. Many of the possible harms of drug use are socially/policy driven, and much problematic drug use is context dependent, not cleanly attributable to the decisions of the person who uses drugs. This means that even if drug use is wrong, people who use drugs deserve Harm Reduction policies, at minimum. (shrink)

The paper explores how harm must be understood if intuitively attractive deontological principles concerning the infliction and prevention of harm are to be vindicated. It focuses especially upon how harm must be understood if it is to be plausible that preventing people from undergoing harm takes priority over improving the conditions of badly-off people who have not suffered harm.

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a (...) plausible guide to the lawmaker. (shrink)

Our research brings to light features of the social world that impact moral judgments and how they do so. The moral vignette data presented were collected in rural and urban Croatian communities that were involved to varying degrees in the Croatian Homeland War. We argue that rapid shifts in moral accommodations during periods of violent social strife can be explained by considering the role that coordination and social agents' ability to reconfigure their social network (i.e., relational mobility) (...) play in moral reasoning. Social agents coordinate on (moral) norms, a general attitude which broadly facilitates cooperation, and makes possible the collective enforcement of compliance. During social strife interested parties recalibrate their determination of others' moral standing and recast their established moral circle, in accordance with their new or prevailing social investments. To that extent, social coordination—and its particular promoters, inhibitors, and determinants—effects significant changes in individuals' ranking of moral priorities. Results indicate that rural participants evaluate the harmful actions of third parties more harshly than urban participants. Coordination mediates that relationship between social environment and moral judgment. Coordination also matters more for the moral evaluation of the harmful actions of moral scenarios involving characters belonging to different social units than for scenarios involving characters belonging to the same group. Participants high in relational mobility—that ability to recompose one's social network—moralize similarly wrongdoings perpetrated by both in- and out-group members. Those low in relational mobility differentiate when an out-group member causes the harm. Additionally, perceptions of third-party guilt are also affected by specifics of the social environment. Overall, we find that social coordination and relational mobility affect moral reasoning more so than ethnic commitment. (shrink)

Certain researchers in the field of moral psychology, following Turiel, argue that children and adults in different cultures make a distinction between moral and conventional transgressions. One interpretation of the theory holds that moral transgressions elicit a signature moral response pattern while conventional transgressions elicit a signature conventional response pattern. Four dimensions distinguish the moral response pattern from the conventional response pattern. 1. HARM/JUSTICE/RIGHTS – Subjects justify the wrongness of moral transgressions by stating (...) that they involve a victim that is harmed, whose rights have been violated or who has been subject to an injustice. Conventional transgressions do not involve a victim that is harmed, whose rights have been violated or who has been subject to an injustice. 2. AUTHORITY – Subjects judge moral transgressions as wrong independent of structures of authority while the wrongness of conventional transgressions can be changed by an authority. 3. GENERALIZABILITY – Subjects judge moral transgressions as generalizably wrong, i.e., independent of time and place, while conventional transgressions’ wrongness depends on time and place. 4. SERIOUSNESS – Subjects judge moral transgressions as more seriously wrong than conventional transgressions. Others have criticized this view for a diversity of reasons. Relevant for our purposes is that, first, there appear to be cultural differences in what constitutes a moral transgression and second, it is unclear what the exact hypotheses are, surrounding this supposed moral/conventional distinction. I will present planned and ongoing experimental research that investigates two specific problems we encountered in the moral-conventional literature. First of all, we cannot draw reliable conclusions from previous work about the generalizability of the wrongness of different kinds of transgressions. In previous experiments, differences in time and place are often but not always confounded with a variety of other differences. For example, Huebner et al. ask participants if the depicted act would be OK for someone who lived elsewhere where everyone else did this. Moreover, when varying time and/or place, participants are likely to assume that other things differ as well. In our study, we vary time and/or place in a variety of scenarios in order to investigate what assumptions participants make when confronted with the generalizability question. Second, it is an open question as to what extent any transgression will universally elicit one of the two signature response patterns. In our study, we make use of existing differences in participants’ value hierarchy to test this. For one and the same scenario, we compare the response of participants for whom authority is an important value with the results of participants for whom authority is not an important value, in order to see if there are differences in the two groups’ response patterns. References: Haidt J., Koller S. & Dias M. 1993. Affect, culture and morality, or is it wrong to eat your dog? Journal of Personality and Social Psychology 65:613-628. Huebner B., Lee, J.L. & Hauser, M.D. 2010. The Moral-Conventional Distinction in Mature Moral Competence. Journal of Cognition and Culture 10: 1-26. Kelly D., Stich S., Haley K.J., Eng S.J. & Fessler D.M.T. 2007. Harm, Affect, and the Moral/Conventional Distinction. Mind & Language 22:117-131. Nichols S. 2004. Sentimental Rules: on the Natural Foundations of Moral Judgment. Oxford University Press. Stich S., Fessler, D.M.T. & Kelly D. 2009. On the Morality of Harm: A response to Sousa, Holbrook and Piazza. Cognition 113:93-97. Turiel E. 1983. The Development of Social Knowledge. Morality & Convention. Cambridge University Press. (shrink)

Traditional moral explorations of sexual violation are dyadic: they focus on the relationship between the perpetrator and the victim, considered in relative isolation. We argue that the moral texture of sexual violation and its fallout only shows up once we see acts of sexual violation as acts that occur within an ecosystem. An ecosystem is made up of dwellers and an environment embedded in a broad, thick, interdependent, and relatively stable web of norms, practices, environments, material and institutional (...) structures. We argue that many of the important and interesting harms wrought by sexual violation can only be understood as ecological harms. To illustrate this, we focus on sexual violations that occur within a specific type of ecosystem, namely an academic department with a graduate program. We examine the possible damaging effects of sexual violation on the ecology of a department. We also consider what makes an ecosystem resilient and relatively able to self-repair, and how sexual violation within an ecosystem may weaken its self-repairing resources. We show that looking at sexual violation through this ecological lens lets us identify harms that are otherwise obscured or difficult to locate. (shrink)

The picture of classical antiquity most of us learned in school is framed in certain ways -- glossing over misogyny while omitting the seeds of feminist resistance. Many of today's harmful practices, like school dress codes, exploitation of the environment, and rape culture, have their roots in the ancient world. But in Antigone Rising, classicist Helen Morales reminds us that the myths have subversive power because they are told -- and read -- in different ways. Through these stories, whether it's (...) Antigone's courageous stand against tyranny or the indestructible Caeneus, who inspires trans and gender queer people today, Morales uncovers hidden truths about solidarity, empowerment, and catharsis. Antigone Rising offers a fresh understanding of the stories we take for granted, showing how we can reclaim them to challenge the status quo, spark resistance, and rail against unjust regimes. (shrink)

Much recent research has sought to uncover the neural basis of moral judgment. However, it has remained unclear whether "moral judgments" are sufficiently homogenous to be studied scientifically as a unified category. We tested this assumption by using fMRI to examine the neural correlates of moral judgments within three moral areas: (physical) harm, dishonesty, and (sexual) disgust. We found that the judgment ofmoral wrongness was subserved by distinct neural systems for each of the different (...) class='Hi'>moral areas and that these differences were much more robust than differences in wrongness judgments within a moral area. Dishonest, disgusting, and harmful moral transgression recruited networks of brain regions associated with mentalizing, affective processing, and action understanding, respectively. Dorsal medial pFC was the only region activated by all scenarios judged to be morally wrong in comparison with neutral scenarios. However, this region was also activated by dishonest and harmful scenarios judged not to be morally wrong, suggestive of a domain-general role that is neither peculiar to nor predictive of moral decisions. These results suggest that moral judgment is not a wholly unified faculty in the human brain, but rather, instantiated in dissociable neural systems that are engaged differentially depending on the type of transgression being judged. (shrink)

This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. (...) It is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, it should give rise to special moral obligations. Using the notion of residual obligation, these obligations are defended, categorized and clarified. (shrink)

Anthropologists have provided rich field descriptions of the norms and conventions governing behavior and interactions in small-scale societies. Here, we add a further dimension to this work by presenting hypothetical moral dilemmas involving harm, to a small-scale, agrarian Mayan population, with the specific goal of exploring the hypothesis that certain moral principles apply universally. We presented Mayan participants with moral dilemmas translated into their native language, Tseltal. Paralleling several studies carried out with educated subjects living in (...) large-scale, developed nations, the Mayan participants judged harms caused as the means to a greater good as more forbidden than harms caused as a side-effect (i.e., side-effect bias). However, unlike these other populations living in large-scale societies, as well as a more educated and less rural Mayan comparison group, the target rural Mayan participants did not judge actions causing harm as worse than omissions (i.e., omission bias). A series of probes targeting the action-omission distinction suggest that the absence of an omission bias among the rural Mayan participants was not due to difficulties comprehending the dilemmas, using the judgment scale, or in attributing a greater causal role for actions over omissions. Thus, while the moral distinction between means and side-effect may be more universal, the moral distinction between actions and omission appears to be open to greater cross-cultural variation. We discuss these results in light of issues concerning the role of biological constraints and cultural variation in moral decision-making, as well as the limitations of such experimental, cross-cultural research. (shrink)

Harmful but culturally cherished practices often endure in spite of the damages they cause. Meat consumption is increasingly becoming one of such cases and may provide an opportunity from which to observe these phenomena. Growing evidence indicates that current and projected production and consumption patterns are important contributors to significant environmental problems, public health degradation, and animal suffering. Our aim is to contribute to a further understanding of the psychological factors that may hinder or promote personal disposition to change food (...) habits to benefit each of these domains. Drawing from previous evidence, this study explores the proposition that some consumers are motivated to resort to moral disengagement strategies when called upon to consider the impacts of their food habits. Data were collected from six semi-structured focus groups with a sample of 40 participants. Although affirming personal duties towards preserving the environment, promoting public health, and safeguarding animal welfare, participants did not show personal disposition to change their meat consumption habits. Several patterns of response that resonate with the principles of moral disengagement theory were observed while discussing impacts and the possibility of change. Results seem to support the proposition that the process of moral disengagement may play a role in hindering openness to change food habits for the benefit of the environment, public health, and animals, and point towards the relevance of further exploring this approach. (shrink)

Distance and morality. I argue that in "Faminine Ethics: the Problem of Distance in Morality and Singer's Ethical Theory" Frances Kamm fails to produce a pair of cases in which a moral difference is present that is not attributable to factors other than distance. I also point out that Kamm's attempts at explaining why distance could possibly matter in morality fall far short. I conclude that there is no reason for us to believe that distance matters in morality and (...) offer an explanation for why it might nevertheless appear to us that it does---there are numerous factors, normally correlated with distance, that are of great moral significance. In the process I offer a few methodological remarks. ;The problem of numbers. I argue that John Taurek's conclusion in "Should the Numbers Count?" remains a viable alternative to the standard view of the role of numbers in morality. I claim that Taurek brings up valid concerns regarding the standard view, and that the objections that have so far been raised against Taurek's position are by far insufficient to remove it from contention. I then point out and try to address several problems, including the problem of very large numbers, which should be a concern to anyone who is sympathetic to Taurek's views. I do not claim to have the answers, but I suggest a direction in which one may look for a solution. ;The return of the trolley. I examine several purported solutions to the Trolley Problem and find them all severely deficient. In light of the systematic failure of efforts to solve the Trolley Problem, I suggest that perhaps no solution has been found because there is no solution to find. I proceed to give a positive argument for the claim that diverting the trolley is not morally permissible and try to give an explanation of how the intuitions of the majority could have been so deeply mistaken. Since my proposed "solution" relies heavily on the making/allowing distinction, I conclude with a discussion of that distinction and a defense of its moral significance. (shrink)

This book reveals the numerous ways in which moral, ethical and legal principles are being violated by those who provide, recommend or sell ‘complementary and alternative medicine’. The book analyses both academic literature and internet sources that promote CAM. Additionally the book presents a number of brief scenarios, both hypothetical and real-life, about individuals who use CAM or who fall prey to ethically dubious CAM practitioners. The events and conundrums described in these scenarios could happen to almost anyone. Professor (...) emeritus of complementary medicine Edzard Ernst together with bioethicist Kevin Smith provide a thorough and authoritative ethical analysis of a range of CAM modalities, including acupuncture, chiropractic, herbalism, and homeopathy. This book could and should interest all medical professionals who have contact to complementary medicine and will be an invaluable reference for patients deliberating which course of treatment to adopt. (shrink)

Rather than focusing on the legal and political questions that surround genocidal rape, in this paper I treat a vital area of inquiry that has received much less attention: the moral significance of genocidal rape. My aim is to augment existing moral accounts of rape in order to address the specific contexts of genocidal rape. I move beyond understanding rape primarily as a violation of an individual's interests or agential abilities. The account I offer builds on these approaches (...) (as well as on a pluralist approach), by arguing that rape, as a moral injury, negatively affects the very human dignity of victims. My account also emphasizes the relational harm that marks genocidal rape. (shrink)

This paper examines whether an agent becomes liable to defensive harm by engaging in a morally permissible but foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. It first clarifies the notion of a foreseeably risk-imposing activity by proposing that an activity should count as foreseeably risk-imposing if an agent may morally permissibly perform it only if she abides by certain duties of care. Those who argue that engaging in such an activity can render an agent liable to (...) defensive harm ground this liability in the luck egalitarian thought that we may justly hold individuals responsible for the consequences of their voluntary choices. Against this, I argue that a luck egalitarian commitment to holding people responsible cannot, by itself, ground liability to defensive harm. It can help ground such liability only against the backdrop of a distributively just society, and only if further considerations speak morally in favour of attaching certain well-defined costs to individuals’ risk-imposing choices. I conclude by suggesting that if an account of liability applies robustly across distributively just and unjust contexts alike, then what grounds an agent’s liability is plausibly not her responsibility for threatening objectively unjustified harm, but her culpability for doing so. (shrink)

Standard, familiar models portray harms and benefits as symmetrical. Usually, harm is portrayed as involving a worsening of one's situation, and benefits as involving an improvement. Yet morally, the aversion, prevention, and relief of harms seem, at least presumptively, to matter more than the provision, protection, and maintenance of comparable and often greater benefits. Standard models of harms and benefits have difficulty acknowledging this priority, much less explaining it. They also fail to identify harm accurately and reliably. In (...) this paper, I develop these problems, argue that we should reconsider our commitment to the standard models, and then merely gesture at the direction in which we might locate a superior approach, one that better accounts for the moral significance of harm and its relation to autonomy rights. (shrink)