InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or benevolent person (...) would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions. (shrink)

Kant’s moral philosophy usually considers two types of duties: negative duties that prohibit certain actions and positive duties commanding action. With that, Kant insists on deriving all morality from reason alone. Such is the Categorical Imperative that Kant lays at the basis of ethics. Yet while negative duties can be derived from the Categorical Imperative and thus from reason, the paper argues that this is not the case with positive duties. After (...) answering a number of attempts to derive positive duties from the Categorical Imperative, most notably those of Barbara Herman, it sketches an alternative approach to understanding the relationship between the universal moral law and specific moral contents. (shrink)

Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others (...) can be duties of justice, whereas positive duties (basic or nonbasic) must be seen, at best, as informal moral requirements or recommendations. I focus on the contractarian version of the libertarian challenge as recently presented by Jan Narveson. I claim that Narveson’s contractarian construal of libertarianism is not only intuitively weak, but is also subject to decisive internal problems. I argue, in particular, that it does not pro- vide a clear rationale for distinguishing between informal duties of virtue and enforceable duties of justice, that it can neither successfully justify libertarianism’s protection of negative rights nor its denial of positive ones, and that it fails to undermine the claim that basic positive duties are duties of global justice. -/- . (shrink)

Yasha Rohwer and Emma Marris argue that we do not have a prima facie duty to preserve the genetic integrity of species. Rohwer and Marris take the duty to preserve genetic integrity as being equal...

Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions (...) or to adopt maxims) cannot. The paper is divided into three main sections. In the first, I set out the procedures generally accepted among Kantians for deriving positive duties from the universalization formulations. In the second, I set out the arguments from section 1 in more detail and explain why they do not work. In the third, I examine a strategy that might be used to supplement the arguments from section 2 and I argue that it also does not work. (shrink)

While it is commonly accepted that corporations have negative duties to respect human rights, the question of whether rights also imply positive duties for corporations is contentious. The recent reports of the United Nations special representative on business and human rights contend that corporations do not have positive duties, but the arguments this is based on are flawed from an ethical point of view. In particular, the reports fail to consider the implications of interactions (...) between corporations and states. For rights to be secured, corporations may face duties to use their power to pressure governments into performing their assigned duties, and duties not to undermine the role of the government. The interaction of corporations and governments also has implications for choosing effective instruments to advance human rights. International initiatives that do not take this interaction into account will be ineffective or, at worst, counterproductive. (shrink)

For years business ethics has limited the moral duties of enterprises to negative duties. Over the last decade it has been argued that positive duties also befall commercial agents, at least when confronted with large scale public problems and when governments fail. The argument that enterprises have positive duties is often grounded in the political nature of commercial life. It is argued that agents must sometimes take over governmental responsibilities. The German republican tradition (...) argues along these lines as does Nien-Hé Hsieh. Agents in commercial life are bound by positive duties because at some point they become citizens that must take on the responsibilities of the state. In this paper we leave undisputed the claim that corporations must acknowledge positive duties. However, we demonstrate that the political grounding fails, at least in the sense that this theory insufficiently acknowledges a long standing liberal tradition that vindicates apolitical markets and clear borderlines between politics and economics. We carve out an alternative route to the grounding of one specific positive duty—the duty to further justice. Our argument is based on the moral nature of commercial agents and tries to demonstrate that the duty to further justice ensues from liberalism. Taking a Kantian perspective, it conceptualizes the duty to further justice as a moral duty, orientated toward the political domain. It is grounded in the obligation to attain moral autonomy in the civil condition. (shrink)

In World Poverty and Human Rights, Thomas Pogge argues that the global rich have a duty to eradicate severe poverty in the world. The novelty of Pogges approach is to present this demand as stemming from basic commands which are negative rather than positive in nature: the global rich have an obligation to eradicate the radical poverty of the global poor not because of a norm of beneficence asking them to help those in need when they can at (...) little cost to themselves, but because of their having violated a principle of justice not to unduly harm others by imposing on them a coercive global order that makes their access to the objects of their human right to subsistence insecure. In this paper, I claim that although Pogge is right in arguing that negative duties are crucial in an account of global justice, he is wrong in saying that they are the only ones that are crucial. Harming the global poor by causing their poverty provides a sufficient but not a necessary condition for the global rich to have a duty of justice to assist them. After engaging in a critical analysis of Pogges argument, I conclude by suggesting the need for a robust conception of cosmopolitan solidarity that includes positive duties of assistance which are not mere duties of charity, but enforceable ones of justice. (shrink)

Negative duties are duties not to perform an action, while positive duties are duties to perform an action. This article focuses on the question of who holds the positive duties correlative to human rights. I start by outlining the Universal Scope Thesis, which holds that these duties fall on everyone. In its support, I present an argument by analogy: positive and negative duties correlative to human rights perform the (...) same function; correlative negative duties are generally thought to be universal; by analogy, we have reason to think that positive duties are held by everyone. I then consider three disanalogies that challenge the above argument. To address these worries, I introduce the notion of ‘aggregative duties’ – duties that can only be adequately grasped when we focus on the aggregate effect of the actions and omissions of different agents. This framework allows me to refine the initial thesis and address the objections. (shrink)

The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and (...) negative if they only allow one fulfilment option. These delineation criteria allow for a more consistent reconstruction of case law and point to a causal mechanism for alleged asymmetries in proportionality review and margins of appreciation. Lastly, there are revisionary implications for human rights scholarship. Judgments have been sorted as positive rights cases because they feature a requirement that states commit to legislative amendment, yet performative acts of amendment may be continuous with underlying negative duties. (shrink)

Two main types of philosophical arguments have been given in support of the claim that the citizens of affluent societies have stringent moral duties to aid the global poor: “positive duty” arguments based on the notion of beneficence and “negative duty” arguments based on noninterference. Peter Singer’s positive duty argument (Singer 1972) and Thomas Pogge’s negative duty argument (Pogge 2002) are among the most prominent examples. Philosophers have made speculative claims about the relative effectiveness of (...) these arguments in promoting attitudes and behaviors that could lead to the alleviation of poverty. In this article we present the results of two empirical studies that evaluate these claims, and suggest that both arguments have a modest effect on people’s attitudes and behaviors regarding global poverty. In a replication of the second study, the negative duty argument, in particular, had a statistically significant effect on donations. We discuss the theoretical and practical significance of these results and suggest directions for further research on the role that philosophical arguments can play in engendering concern and action on pressing moral problems. (shrink)

In the literature on global justice, there has been a lengthy debate about what the world’s rich owe to the world’s poor. Some have argued that rich individuals have positive duties of beneficence to help the poor, while others have argued that rich individuals only have negative duties not to harm them. A common objection to the former view is that once it is accepted that positive duties exist, fulfilling these duties will be (...) overdemanding since rich individuals can almost always help a little more. Some have tried to overcome this overdemandingness objection by setting cut-off points for how demanding morality is. In this article, we aim to show that it is problematic to be committed to the following propositions: (1) Positive duties to aid exist; (2) The overdemandingness objection is a serious challenge for anyone who accepts that positive duties to aid exist; and (3) Setting cut-off points for how demanding morality is constitutes a plausible way to overcome the overdemandingness objection. Showing that a commitment to (1), (2) and (3) is problematic is of interest given that several influential theorists are committed to this set of views. This set of views is simply a bad theoretical cocktail. (shrink)

Although a pregnant woman can now refuse any medical treatment needed by the fetus, the Court of Appeal has acknowledged that ethical dilemmas remain, adverting to the inappropriateness of legal compulsion of presumed moral duties in this context. This leaves the impression of an uncomfortable split between the ethics and the law. The notion of a pregnant woman refusing medical treatment needed by the fetus is troubling and it helps little simply to assert that she has a legal right (...) to do so. At the same time, the idea that a pregnant woman fails in her moral duty unless she accepts any recommended treatment or surgery—however great the burdens—is also not without difficulty. This article seeks to find a way between these two somewhat polarized positions by arguing that, instead of being a question primarily about whether legally to enforce moral obligations, the «maternal—fetal conflict» begins with previously unrecognized difficulties in determining when a woman's prima facie moral rights invoked in the treatment context should «give way» to the interests of the fetus. This difficulty is mirrored within the law. Thus, how can we tell when a pregnant woman has the moral or legal duty to submit to a caesarean section? Seen in this way, the conflict is a problem which lies at the interface between moral and legal rights and duties, showing that there are important conceptual links between the ethics and the law. Against this background, this article explores the limits of a pregnant woman's right to bodily integrity by focusing upon the idea of her moral duty to aid the fetus through her body. Here we find difficulties in determining the existence and extent of this somewhat extraordinary duty. Such a duty is contrasted with both negative and positive duties toward others in the course of «general conduct». Attention to the social context of pregnancy and the refusal of treatment within this is also instructive. Overall, the purpose is to foster understanding and acceptance of the current legal position. (shrink)

This paper addresses the problem of ‘premature consent’. The term ‘premature consent’ denotes patient decisions that are: formulated prior to discussion with the appropriate healthcare professional ; based on information from unreliable sources ; and resolutely maintained despite the HCP having provided alternative reliable information. HCPs are not obliged to respect premature consent patients’ demands for unindicated treatments. But why? What is it that premature consent patients do or get wrong? Davis has argued that premature consent patients are incompetent and (...) misinformed. We argue that this view is not sustainable. A more plausible position asserts that premature consent threatens the integrity of the medical profession. We argue that this gives rise to a negative patient duty which premature consent patients fail to honour. We argue for a further positive duty of good faith engagement in shared decision-making. This implies willingness to potentially revise or justify one’s evaluative bases. Fundamentally, the problem with premature consent patients is that certain of their evaluative bases are not open to revision. They therefore fail in their duty to participate faithfully in the shared decision-making process. (shrink)

ABSTRACT In Berkeley’s Passive Obedience, moral duties are negative and positive as well as civil or legal and natural. Natural duties are from God and therefore valid norms. The supreme civil authority makes civil laws. We must obey the law because loyalty to supreme civil power is one of our natural duties: to be loyal is to obey, which means ‘do not rebel.’ This is a negative duty and as such categorical or unconditional. (...) class='Hi'>Positive duties are conditional on conscientious acceptance. I show in detail how this system of norms and duties works. These key ideas have not been studied in detail before. Next, can we criticize Berkeley’s unquestioning acceptance of chattel slavery if we apply his own notion of duties to it? The slave laws are necessarily evil, and hence they, according to Berkeley’s own doctrine, cannot be accepted. But first we need a clear conception of his idea of conscience and, a fortiori, conscientious objection and its legitimate scope. This paper fills the gap and helps us understand Passive Obedience better. (shrink)

Animal advocates world-wide have been accused of campaigns immured in racism. Some authors have argued that for animal advocates to avoid this accusation they should simultaneously engage with racial discrimination issues when advocating for animal welfare/rights. This prescription has been mostly explored in the context of the Global North and by looking at Western normative theory. In this article I address this issue but by looking at the context of South Africa and analysing the prescriptions from an Afro-communitarian ethic. I (...) conclude that this ethic prescribes that there is a positive duty to engage in racial discrimination issues and, if one does not do so, a violation of some negative duties occurs. (shrink)

In his essay, “Negative and Positive Positivism,” Jules L. Coleman extends in two important ways the Legal Positivism of H. L. A. Hart. First, he shows that the “separability thesis”—the claim that no necessary or constitutive relationship exists between law and morality—to which Positivists are wedded does not entail the view, attributed by Ronald Dworkin to Legal Positivists, that law consists in “hard facts.” Instead, the separability thesis requires only the possibility of deciding the truth of propositions of (...) law. This weaker requirement can be met by rules of recognition that are semantically adequate but that fail to set out tests by means of which the legal status of rules and norms may be verified. Second, Coleman argues that one can subscribe to the separability thesis and still maintain that judges may have a legal duty to couch decisions in moral terms whenever the “content or proper formulation of [a] rule of recognition” is in dispute. Such a legal duty may exist in virtue of a convergent practice “among judges of resolving the controversy in a particular way”. (shrink)

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him (...) to shift illicitly between negative and positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)

This paper is about the implications of a common view on global justice. The view can be called the Minimalist View, and it says that we have no positive duties to help the poor in foreign countries, or that if we do, they are very minimal. It might seem as if, by definition, the Minimalist View cannot require that we do very much about global poverty. However, in his book World Poverty and Human Rights, Thomas Pogge pointed out (...) that this conclusion is at least up for debate. Although Minimalism countenances very few positive duties to the global poor, it certainly countenances negative duties not to harm. Perhaps one can argue that these negative duties are somehow being violated, and thus even a Minimalist must make substantial compensation to the global poor. However, in this paper I argue that Pogge’s argument about Minimalism does not succeed. The second half of the paper offers ways to revise and improve the argument in order to make the case for assistance to the global poor. (shrink)

Do we violate human rights when we cooperate with and impose a global institutional order that engenders extreme poverty? Thomas Pogge argues that by shaping and enforcing the social conditions that foreseeably and avoidably cause global poverty we are violating the negative duty not to cooperate in the imposition of a coercive institutional order that avoidably leaves human rights unfulfilled. This article argues that Pogge's argument fails to distinguish between harms caused by the global institutions themselves and harms caused (...) by the domestic policies of particular states and collective action problems for which collective responsibility cannot be assigned. The article also argues that his position relies on questionable factual and theoretical claims about the impact of global institutions on poverty, and about the benefits and harms of certain features of these institutions. Participation in, and benefit from, global institutions is unlikely to constitute a violation of our negative duties towards the poor. Key Words: justice • international regimes • institutions • human rights • trade. (shrink)

This chapter focuses on the question of who has duties regarding poverty and what those duties demand, from within the perspective of contemporary analytic normative philosophy. The chapter is structured in three sections. Section 1 considers the duties of those living in poverty, which might be either self-regarding or other-regarding duties, and which must be tempered by concerns of overdemandingness. Section 2 considers the duties of affluent individuals. These are imperfect duties grounded in affluent (...) individuals’ relations to the structures that produce poverty: relations of contribution, benefit, and ability to change. Section 3 considers duties of collective agents – including states, for-profits, charities, and civil society groups. The poverty-related duties of these collective agents are sometimes perfect and sometimes imperfect, and include both primary and secondary duties, and both positive and negative duties. (shrink)

Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can (...) be interpreted in two different ways. Unfortunately, both interpretations are problematic. Lastly, I suggest a strategy for amending this problem. (shrink)

In Child versus Childmaker Melinda Roberts provides an enlightening analysis and a cogent defense of a version of the person-affecting restriction in ethics. The rough idea of this restriction is that an action, state of affairs, or world, cannot be wrong, or bad, unless it would wrong, or be bad for, someone. I shall focus solely on Roberts’s core principles, and thus shall not address her interesting chapter-length discussions of wrongful life cases and of human cloning cases. The person-affecting intuition (...) can be spelled out in a deontic and in an axiological form: -/- Deontic Person-Affecting Restriction: An action, state of affairs, or world is wrong only if it would wrong someone. Axiological Person-Affecting Restriction: An action, state of affairs, or world is worse than another only if it is worse for someone. -/- Roberts develops and defends the deontic version of the person-affecting restriction. Indeed, as her discussion (and those of others) makes clear, it is quite unlikely that there is a coherent version of the axiological form of the intuition (e.g., because of problems of transitivity). Roberts rightly rejects any appeal to impersonal ranking of worlds, and appeals only to the (many) personal rankings of worlds of the individuals involved. Roberts defends the view that worlds in which a person does not exist can be ranked in terms of that person’s well-being (how good that world would be for him/her) along with the worlds in which he/she does exist. Worlds in which the person has a life worth living are ranked more highly for that person than worlds in which he/she doesn’t exist (along with some worlds with indifferent existence), and the latter worlds are ranked more highly than worlds in which the person exists but doesn’t have a life worth living. Although this is somewhat controversial (some would deny that we can assess how good a world is for a person who doesn’t exist in it), it seems exactly right to me. Throughout I shall assume, as does Roberts, that non-existence has a value of zero (and thus that lives worth living have positive values, and that lives not worth living have negative values). In what follows I shall formulate Roberts’s theory as a theory of the permissibility of actions. In most of the book, Roberts formulates her theory as one of the permissibility of worlds, but, as I shall argue below, such assessments have little normative relevance, since they ignore the probabilities of realization (which depend on what actions are performed). The core of Roberts’s theory is just as plausible, and in some ways more powerful, when (as is sometimes the case in the book) it takes actions to be the objects of assessment. To start with, however, I shall make a highly restrictive assumption (not made by Roberts) that will effectively eliminate the difference between assessing actions and assessing worlds within the sort of welfaristic consequentialist framework that Roberts presupposes. I shall assume that if a given action were performed, then a specific world would be realized. We shall assume, that is, that there are no uncertainties involved. Everything is completely determined by which of the feasible actions is performed. Later in this paper, I will address the problems that arise once this simplifying assumption is dropped. (shrink)

Increasingly firm rejections of the distinction between positive and negative human rights as incoherent have created a gap between theory and practice, as well as tensions within legal doctrinal and philosophical literature. This article argues that the distinction can be preserved by means of a structural account of the interaction of duties within human rights, anchored in case law on the right to freedom of assembly in Article 11, the right to free elections in Article 3 of (...) Protocol 1, and the right to security as enshrined in Articles 2, 3, 5, and 8 of the European Convention on Human Rights. (shrink)

The main claim of this paper is that a general theory of negative concord (NC) should allow for the possibility of NC involving scoping of a universal quantifier above negation. I propose that Greek NC instantiates this option. Greek n-words will be analyzed as polarity sensitive universal quantifiers which need negation in order to be licensed, but must raise above negation in order to yield the scoping ∀¬. This gives the correct interpretation of NC structures as general negative (...) statements. The effect is achieved by application of QR, and the account is fully compositional, as only sentence negation is the vehicle of logical negation ¬. Greek n-words are also compared to nwords in Romance, Slavic, and Hungarian. This analysis, if correct, has two important.. (shrink)

Justice is often viewed in terms of seeing to it that right-holders are provided with the goods that they are entitled to. Less attention is given to the other dimension of justice, namely, that of duty-holders. If persons are assigned more duties, or more burdensome duties, than fairness requires, then they are victims of injustice just as much as persons whose rights are left unfulfilled. In this essay, I will argue for certain limits to the duty to assist (...) people in need. My argument does not intend to show that we have no positive duties, but rather that these duties, whether they are of an interpersonal or a global, institutional kind, should be guided by an idea of fairness that pertains to the relations between duty-holders as well as between them and right-holders. I will discuss structural differences between negative and positive duties, as well as formulate a Principle of Contributive Fairness. (shrink)

The societal benefits derived from competitive markets certainly depend upon participants conforming to generally accepted notions of moral duty. These notions include negative duties such as those against fraud, deception, and coercion and also positive duties such as those that favor beneficence but with limits. This investigation examines the extent that product, capital, and internal-labor markets are capable of imposing conformance to society’s expectations of duty through both formally and informally organized boycotts. A categorization of classic (...) and recent boycotts into those motivated by (i) establishing new norms, or (ii) enforcing existing generally accepted norms is provided. This categorization helps to explain why some boycotts are successful, and others not. Through this exploration, a contribution to the resolution of the so called “Adam Smith problem” concerning the morality-enforcing capability of the invisible hand is offered. (shrink)

The purpose of this paper is to examine the distinction between "negative" and "positive" duties. Special attention will be given to certain criticism raised against this distinction by Michael Tooley.

In ethics, it is commonly supposed that we have both positive duties and negative duties, things we ought to do and things we ought not to do. Given the many parallels between ethics and epistemology, we might suppose that the same is true in epistemology, and that we have both positive epistemic duties and negative epistemic duties. I argue that this is false; that is, that we have negative epistemic duties, (...) but no positive ones. There are things that we ought not to believe, but there is nothing that we ought to believe, on purely epistemic grounds. I also consider why the parallels between ethics and epistemology break down at this particular point, suggesting that it is due to what I call the infinite justificational ‘fecundity’ of perceptual and propositional evidence. (shrink)

The notion of patients’ duties has received periodic scholarly attention but remains overwhelmed by attention to the duties of healthcare professionals. In a previous paper the author argued that patients in publicly funded healthcare systems have a duty to participate in clinical research, arising from their debt to previous patients. Here the author proposes a greatly extended range of patients’ duties grounding their moral force distinctively in the interests of contemporary and future patients, since medical treatment offered (...) to one patient is always liable to be an opportunity cost in terms of medical treatment needed by other patients. This generates both negative and positive duties. Ten duties—enjoining obligations ranging from participation in healthcare schemes to promoting one’s own earliest recovery from illness—are proposed. The characteristics of these duties, including their basis, moral force, extent and enforceability, are considered. They are tested against a range of objections—principled, societal, epistemological and practical—and found to survive. Finally, the paper suggests that these duties could be thought to reinforce a regrettably adversarial characteristic, shared with rights-based approaches, and that a preferable alternative might be sought through the notion of a “virtuous patient” contributing to a problem-solving partnership with the clinician. However, in defining and giving content to that partnership, there is a clear role for most, if not all, of the proposed duties; their value thus extends beyond the adversarial context in which they might first be thought to arise. (shrink)

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

In this article I argue that understanding the role that the virtues of love play in Kant’s ethical theory requires understanding not only the nature of the virtues themselves, but also the unique nature of wide Kantian duties. I begin by making the case that while the Doctrine of Virtue supports attributing an affective component to the virtues of love, we are right to resist attributing anaffective success conditionto these virtues. I then distinguish wide duties from negative (...) and narrow (positive) duties in order to make the case that prudential considerations often unavoidably and unproblematically play a role in deliberation about how we fulfil our wide duties. In the final section I combine these findings, arguing that the virtues of love play an important moral role by shaping these prudential considerations. (shrink)

It is commonplace that negative duties are more stringent than positive duties. it is also commonplace that this distinction requires defense, in particular against those who regard it as a mere apology for the privileges of the wealthy and secure. i conclude, though real, the distinction between negative and positive duties is not as deep as some philosophers have supposed--that it makes best sense in terms of a deeper distinction between the intended and (...) the foreseen consequences of our actions. (shrink)

We often act in ways that create duties for ourselves: we adopt a child and become obligated to raise and educate her. We also sometimes act in ways that eliminate duties: we get divorced, and no longer have a duty to support our now ex-spouse. When is it morally permissible to create or to eliminate a duty? These questions have almost wholly evaded philosophical attention. In this paper we develop answers to these questions by arguing in favor of (...) the asymmetric approach to deontic value. This approach holds that we must assign zero deontic value to fulfilling a duty, while assigning negative deontic value to violating that duty. Taking the opposing more natural symmetric approach, which holds that fulfilling duties has positive deontic value, leads to perverse recommendations about when to create or eliminate duties. A formal proof supporting the asymmetric approach is offered. We further show that moral theories require a consequentialist component to explain why we sometimes have duties to create or maintain duties. (shrink)

Do we have positive duties to help others in need or are our moral duties only negative, focused on not harming them? If these positive duties exist, are they strong and strict demands or are they weak and discretionary? Can we say that at least some positive duties of assistance are also duties of justice worthy of institutionalization and coercive enforcement by legal institutions? Can the scope of some of such (...) class='Hi'>duties be cosmopolitan or should all of them be circumscribed to what we owe to our compatriots? This paper addresses these questions from a Kantian perspective, and argues that Kant’s practical philosophy provides sufficient resources to develop and defend the claim that there are basic positive duties of justice, some of which have a global scope. (shrink)

In response to widespread voter ignorance, Jason Brennan argues for a voting ethics that can be summarized as one negative duty: do not vote badly. The implication that abstaining is always permissible entails no incentive for citizens to become competent voters or to vote once competent. Following the Condorcet Jury Theorem, this can lead to suboptimal outcomes, suggesting that voter turnout should concern instrumentalist epistemic accounts of democratic legitimacy. This could be addressed by adding two positive voting (...) class='Hi'>duties: to make an effort to become a competent voter; and, once competent, to vote. (shrink)

Abstract:According to Shelly Kagan, “ordinary” or “moderate” moralists must establish the existence of “options.” Kagan considers a “negative” and a “positive” argument, which he regards as the most promising means by which moral moderates might establish their position. He offers objections to both, and he concludes that the moderate position is indefensible. I argue that Kagan fails in his attempt to discredit the negative argument. I also argue that the positive argument is so implausible that Kagan's (...) elaborate criticism of it is unnecessary. The positive argument is interesting nevertheless, because of why it cannot serve the moderate's purposes. (shrink)