The Problem of Obligation,the Finite Rational Will,and Kantian Value Realism

Abstract

Robert Stern's Understanding Moral Obligation is a remarkable achievement, representing an original reading of Kant's contribution to modern moral philosophy and the legacy he bequeathed to his later-eighteenth- and early-nineteenth-century successors in the German tradition. On Stern's interpretation, it was not the threat to autonomy posed by value realism, but the threat to autonomy posed by the obligatory nature of morality that led Kant to develop his critical moral theory grounded in the concept of the self-legislating moral agent. Accordingly, Stern contends that Kant was a moral realist of sorts, holding certain substantive views that are best characterized as realist commitments about value. In this paper, I raise two central objections to Stern's reading of Kant. The first objection concerns what Stern identifies as Kant's solution to the problem of moral obligation. Whereas Stern sees the distinction between the infinite will and the finite will as resolving the problem of moral obligation, I argue that this distinction merely explains why moral obligations necessarily take the form of imperatives for us imperfect human beings, but does not solve the deeper problem concerning the obligatory nature of morality—why we should take moral norms to be supremely authoritative laws that override all other norms based on our non-moral interests. The second objection addresses Stern's claim that Kantian autonomy is compatible with value realism. Although this is an idea with which many contemporary readers will be sympathetic, I suggest that the textual evidence actually weighs in favor of constructivism.     

Human rights,harm, and climate change mitigation

Abstract

A number of philosophers have resisted impersonal explanations of our obligation to mitigate climate change, and have developed accounts according to which these obligations are explained by human rights or harm-based considerations. In this paper I argue that several of these attempts to explain our mitigation obligations without appealing to impersonal factors fail, since they either cannot account for a plausibly robust obligation to mitigate, or have implausible implications in other cases. I conclude that despite the appeal of the motivations for rejecting the appeal to impersonal factors, such factors must play a prominent role in explaining our mitigation obligations.     

The moral obligations of reasonable non-believers

People who do not believe that there is a God constitute an obvious problem for divine command metaethics. They have moral obligations, and are often enough aware of having them. Yet it is not easy to think of such persons as “hearing” divine commands. This makes it hard to see how a divine command theory can offer a completely general account of the nature of moral obligation. The present paper takes a close look at this issue as it emerges in the context of the most recent version of Robert Adams’ modified divine command theory. I argue that, despite a valiant attempt to do so, Adams does not succeed in giving an adequate account of the moral obligations of non-believers. More generally, I claim that if divine commands are construed as genuine speech acts, theists are well advised not to adopt a divine command theory.     

Samaritanism and Civil Disobedience

In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey the law, as the state demands, because we each have a responsibility to help rescue others when this assistance is not unreasonably costly. Though Wellman recognizes that there can be reasons for disobeying the law and resisting injustice in otherwise legitimate states, he overlooks the possibility that at least some of these reasons could be Samaritan in nature, grounded in the duty to rescue people from peril. As I shall argue, the Samaritan duty supports obligations to disobey the law, when the law prohibits Samaritan rescues, and to engage in civil disobedience, when unjust laws and practices contribute to endangering people. The discussion proceeds as follows. After a brief overview of the Samaritan duty, I articulate my case for Samaritan duties to disobey the law, and duties to engage in civil disobedience when unjust laws, institutions, or practices enable what I call ‘persistent Samaritan perils’. I then examine and respond to several objections to my account: first, that the costs of law-breaking are unreasonable, and thus cannot be morally required; second, that individuals’ particular acts of protest and civil disobedience do not appear to make any difference to the rescue, and thus cannot be required; third, that I stretch the Samaritan duty beyond recognition; and fourth, that the Samaritan duty binds us to help people in need or peril anywhere, not particularly at home. I consider in conclusion the advantages and limits of my account of citizens’ Samaritan duties in the face of injustice.     

Kant,Oppression, and the Possibility of Nonculpable Failures to Respect Oneself

I argue that Kant's ethical framework cannot countenance a certain kind of failure to respect oneself that can occur within oppressive social contexts. Kant's assumption that any person, qua rational being, has guaranteed epistemic access to the moral law as the standard of good action and the capacity to act upon this standard makes autonomy an achievement within the individual agent's power, but this is contrary to a feminist understanding of autonomy as a relational achievement that can be thwarted by the systematic attack on autonomy that occurs within oppressive social conditions. Insofar as Kant's negative duty of self‐respect is unable to accommodate the ways immersion in oppressive social environments can warp an individual's understanding of what she is owed and capable of as a moral agent, it perpetuates the cruelty of unjust social systems in the guise of respecting individual autonomy. I conclude by considering Carol Hay's argument that those who are oppressed have an obligation to themselves to resist their own oppression, in order to explore how this limitation in how Kant conceives of the duty to respect the self may reach expression in contemporary ethical theory inspired by Kant.     

Educational Justice: Closing Gaps or Paying Debts?

The question of our educational obligations to disadvantaged students has typically been conceptualized using the language of achievement gaps: how and to what extent should we ameliorate gaps between students in terms of their attainment of certain valuable outcomes that are correlated with education? Recently, some have argued that the language of achievement gaps is misconceived and problematic, and that we should instead conceptualize our obligations to students as an education debt that is owed to certain disadvantaged students as descendants of historic and structural injustices. Underlying this argument is a deeper conviction that the moral requirement to bring about a fair patterned distribution of educational outcomes is constrained by an obligation to rectify historical injustices. By conceptualizing the issue as a debt, rather than a gap (the argument goes), we can keep the priority of historical obligations squarely on the table. In this article, I defend the conceptual framework of achievement gaps in primary and secondary education by arguing that patterned principles of educational justice are not constrained by any claims and obligations that arise in virtue of historic injustices.     

Just responses to problems associated with the brain drain: Identity,community, and obligation in an unjust world

In this essay, which forms part of a symposium on the brain drain, I respond to the arguments of several critics. I defend my proposals concerning how to address problems associated with high levels of skilled migration, especially in the face of concerns about identity, community and obligation in an unjust world.     

Deference as a normative power

Much of the literature on practical authority concerns the authority of the state over its subjects—authority to which we are, as G. E. M. Anscombe says, subject “willy nilly”. Yet many of our “willy” (or voluntary) relationships also seem to involve the exercise of practical authority, and this species of authority is in some ways even more puzzling than authority willy nilly. In this paper I argue that voluntary authority relies on a form of voluntary obligation that is akin (in some respects) to the kind of obligation one undertakes in making a promise. Voluntary authority depends, that is, on the possibility of taking on certain obligations more or less at will. It is generated through an interpersonal transaction that involves a directed act of deference, on one side, paired with appropriate uptake of that deference, on the other. Deference, in the relevant sense, should be understood as a normative power that is exercised when agents transfer deliberative discretion to others, undertaking directed obligations to treat others’ directives as content-independent and peremptory reasons. Voluntary authority, thus understood, is both grounded in and constrained by the equal moral authority or autonomy of the participants, since only autonomous agents have the standing to defer in a normatively significant way.     

Practical Identities and Autonomy: Korsgaard's Reformation of Kan's Moral Philosophy

Kant has long been taxed with an inability to explain the detailed normative content of our lives by making universalizability the sole arbiter of our values. Korsgaard addresses one form of this critique by defending a Kantian theory amended by a seemingly attractive conception of practical identities. Identities are dependent on the contingent circumstances of each person's world. Hence, obligations issuing from them differ from Kantian moral obligations in not applying to all persons. Still, Korsgaard takes Kantian autonomy to mean the normativity of all obligations is rooted in universalizability. The wealth of values informing our lives is thus said to be accommodated within a Kantian framework.
After briefly explaining Korsgaard's understanding of practical identities and their role in her reformation of Kant's moral philosophy, I argue that she gives an inadequate explanation of how the obligations that arise from a person's practical identities derive their authority from the person's will. I then consider how her position might be developed to meet this objection in accordance with her allegiance to "constructivism" and I argue that the epistemic commitments of people's actual identities makes it unlikely that such a development could preserve Kantian autonomy as she interprets it.     

The Ethics of Sexual Objectification: Autonomy and Consent

It is now a platitude that sexual objectification is wrong. As is often pointed out, however, some objectification seems morally permissible and even quite appealing—as when lovers are so inflamed by passion that they temporarily fail to attend to the complexity and humanity of their partners. Some, such as Nussbaum, have argued that what renders objectification benign is the right sort of relationship between the participants; symmetry, mutuality, and intimacy render objectification less troubling. On this line of thought, pornography, prostitution, and some kinds of casual sex are inherently morally suspect. I argue against this view: what matters is simply respect for autonomy, and whether the objectification is consensual. Intimacy, I explain, can make objectification more morally worrisome rather than less, and symmetry and mutuality are not relevant. The proper political and social context, however, is crucial, since only in its presence can consent be genuine. I defend the consent account against the objection that there is something paradoxical in consenting to objectification, and I conclude that given the right background conditions, there is nothing wrong with anonymous, one‐sided, or just‐for‐pleasure kinds of sexual objectification.     

Intimacy,Autonomy and (Non) Domination

Accounts of autonomy which acknowledge the importance of non‐domination – that is, of being structurally protected against arbitrary interference with one's life – face an apparent problem with regards to intimate relationships (whether romantic or otherwise). By their very nature, such relations open us up to psychological and material suffering that would not be possible absent the particular relationship; even worse, from the non‐domination point of view, is that this vulnerability seems to be structural in a way exactly analogous to (for example) workplace or social domination. If being powerless to prevent an employer causing me harm constitutes domination at work, then what relevant differences can support the intuition that being powerless to prevent my partner causing me comparable pain is not autonomy‐hostile? I argue for the reassuring view that the obligations and possibility of pain arising from such relations aren't necessarily dominating; they would be so only if we believed that any obligation we have not explicitly agreed to is a restriction on our autonomy, and that is false. I conclude with a note of caution: even though intimate relations aren't necessarily dominating, they will often be contingently so if they take place in a wider social context of domination – such as that which we currently inhabit.     

Narrative Sexual Identity Therapy

Sexual identity therapy is an alternative to the two polarized positions of sexual reorientation therapy and gay-integrative therapy for clients who present with sexual identity concerns. This alternative model focuses on sexual identity—the private and public acts of identifying and communicating one's sexual preferences—and how the decision to do so is informed by dominant stories about what sexual attractions mean to a client. As one expression of sexual identity therapy, this paper presents narrative sexual identity therapy, an approach that utilizes a narrative therapeutic approach and techniques to facilitate exploration of dominant narratives and counter-narratives that speak to sexual identity with the goal of achieving a synthesis that reflects felt congruence of clients' beliefs/values and behavior/identity.     

Some Features of Promises and their Obligations

Promises raise two main philosophical problems, one moral and the other conceptual. The moral problem concerns the normative significance of promising: what is the nature and basis of the obligations and rights to which promises typically give rise? The conceptual problem is to say what a promise is: what is involved in making a promise? In this paper I defend three controversial claims about promising. One is about the moral problem of promising, one is about the conceptual problem, and the last one is about the relationship between my conceptual claim and my moral claim. My conceptual claim is that a speaker makes a promise only if he communicates an intention to undertake an obligation to the hearer. (I refer to this as the “Obligation Conception Thesis.”) My moral claim is that the obligations typically attached to promises are such that they can be acquired only by those who communicate an intention to undertake an obligation. (I refer to this as the “Voluntary Obligation Thesis.”) My third claim is that if the Obligation Conception Thesis is true, the Voluntary Obligation Thesis is true.     

Adolescents' family obligation and activities in rural and urban Vietnam: Implications for social change

This study examined how urbanisation may modify adolescents' values and activities concerning family obligation by surveying 572 adolescents (M_age = 15.75, SD = .73) in rural and urban Vietnam. Compared with their rural peers, urban adolescents reported a stronger sense of family obligation but spent less time actually engaging in family assistance, findings that were partly explained by urban households' less financial hardship and higher parental education levels. As expected, stronger family obligation values were associated with greater family assistance activities across rural and urban Vietnam. However, stronger family obligation values were associated with more study hours only in urban Vietnam, indicating that urbanisation may broaden the meaning of family obligation to encompass the academic domain. Additionally, weaker family obligation values were associated with more employment hours only in rural Vietnam, suggesting that rural adolescents with little attachment to the traditional value of family obligation may pursue autonomy through employment outside the home. In traditionally familistic societies undergoing urbanisation, family obligation may take on different meaning depending on adolescents' ecological settings that construct cultural values and behavioural norms.     

Agential obligation as non-agential personal obligation plus agency

I explore various ways of integrating the framework for predeterminism, agency, and ability in [P. McNamara, Nordic J. Philos. Logic 5 (2) (2000) 135] with a framework for obligations. However, the agential obligation operator explored here is defined in terms of a non-agential yet personal obligation operator and a non-deontic (and non-normal) agency operator. This is contrary to the main current trend, which assumes statements of personal obligation always take agential complements. Instead, I take the basic form to be an agent's being obligated to be such that p. I sketch some logics for agential obligation based on personal obligation and agency, first in a fairly familiar context that rules out conflicting personal obligations (and derivatively, conflicting agential obligations), and then in contexts that do allow for conflicts (of both sorts). Finally, a solution to van Fraassen's puzzle is sketched, and an important theorem is proved.     

Sexual Ethics in the Age of Epidemic

In this essay I follow one argument strand from Linda Singer's Erotic Welfare. How can we have a forward-looking and affirmative ideal of sexual freedom when the AIDS panic has altered the sexual landscape and instigated new justifications for oppressive sexual disciplines? How can we be sexual subjects when processes of commodification and disciplinary practices have constrained sexual expression while proliferating sexual fetishes? These are some of the questions this book formulates, without answering.     

GLOBAL OBLIGATIONS AND THE AGENCY OBJECTION

Many authors hold that collectives, as well as individuals can be the subjects of obligations. Typically these authors have focussed on the obligations of highly structured groups, and (less often) of small, informal groups. One might wonder, however, whether there could also be collective obligations which fall on everyone – what I shall call ‘global collective obligations’. One reason for thinking that this is not possible has to do with considerations about agency: it seems as though an entity can only be the subject of obligations if it is an agent. In this paper, I try to show that the argument from agency is not a good reason for being sceptical about the existence of global collective obligations: it derives whatever plausibility it has from the idea that claims about obligation need to be addressable to some agent. My suggestion is that we should accept this principle about the addressability of obligations, but deny that the addressee of an obligation need be the subject of that obligation. The collective obligations of unstructured collections of individuals, including global collective obligations, meet the addressability requirement insofar as they require something of the individuals who make up the collective.     

Unlocking the beauty of the imperfect duty to aid: Sen's idea of the duty of assistance

This paper examines the links between acting upon a duty to assist, responsibility for these actions, and how such actions link with incremental moral duties that can amass as a consequence of such action. More specifically, this paper is concerned with practices of international aid and assistance, whereby public and privately funded donations enable the actions of parties outside of the territorial and jurisdictional boundaries of a community and state to directly influence the functioning of that community, and the incremental moral duties to which such action can give rise. Using a Senian account of the basis of moral duty, it explains how agents are responsible for the outcomes of their acts of assistance, even when mediated through international institutional actors, and how such acts can give rise to accumulative duties and obligations that are not bound or constrained by territorial boundaries or pre-existing special obligations.     

Sexual Harassment and the Cultures of Childhood

ABSTRACT

Sexual harassment is increasingly recognized as a common problem for schoolchildren. Four out of five 8th through 11th graders have experienced some form of sexual harassment in their school lives. Of the girls who experience harassment, 38% report that they were first harassed in 6th grade or before (AAUW, 2001). We propose that children construct a peer-based «school society» where attitudes and behaviors are strongly connected to peer group influence and concerns about social status. School-based peer sexual harassment emerges from a climate of tense, unequal social relations between boys and girls during middle childhood, accelerating into adolescence. One unexplored possibility is that some boys with high social status among their peers may engage in or encourage harassment of girls. Next, we turn to a distinct social context embedded within the school society: relationships of abuse between boy and girl peers. We explore how the dynamics of domestic violence apply to sexual harassment between peers, illustrating themes from narratives of child sexual harassment victims derived from interviews and legal cases. We also use these narratives to examine the institutional responses to sexual harassment by school authorities, identifying the parallels to domestic violence legal solutions. Our discussion emphasizes how school service providers can better appreciate and react to the social and relational context of boys' harassment of girls.