Duty and Love

Abstract

The grip and forcefulness of the demands that love imposes upon us resemble the forcefulness and grip of moral obligation. In cases of both kinds, we feel that we are not free to do as we please. It is a mistake, however, to presume that the requirements of love and duty are of the same kind or have the same source.     

The Duty to Object

We have the duty to object to things that people say. If you report something that I take to be false, unwarranted, or harmful, I may be required to say as much. In this paper, I explore how to best understand the distinctively epistemic dimension of this duty. I begin by highlighting two central features of this duty that distinguish it from others, such as believing in accordance with the evidence or promise-keeping. In particular, I argue that whether we are obligated to object is directly influenced not only by what other relevant members of the conversational context or community do, but also by the social status of the agent in question. I then show that these features are shared by the duty to be charitable, and the similarities between these two duties point to a potentially deeper explanation: while promise-keeping is regarded as a classic perfect duty, charity is an imperfect one. I then argue that the duty to object can be modeled on a particular conception of imperfect duties, one that takes the duty to belong to communities and other collectives, rather than to individuals. I conclude by showing that this framework provides us with reason for accepting that there are imperfect epistemic duties in general.     

The Duty to Forgive Repentant Wrongdoers

Abstract

The purpose of this paper is to consider the question of whether we have a duty to forgive those who repent and apologize for the wrong they have done. I shall argue that we have a pro tanto duty to forgive repentant wrongdoers, and I shall propose and consider the norm of forgiveness. This norm states that if a wrongdoer repents and apologizes to a victim, then the victim has a duty to forgive the wrongdoer, other things being equal. That someone has a pro tanto duty to forgive a repentant wrongdoer means that he or she ought to forgive unless other considerations outweigh the norm of forgiveness. Furthermore, a distinction is made between what are termed ‘general considerations’ and ‘case‐relative considerations’, and it is argued that only after all the relevant considerations have been examined can it be determined whether there is a duty to forgive, all things considered.     

The Duty to Support Nationalistic Policies

We demonstrate that citizens perceive a duty to support policies that benefit their nation, even when they themselves judge that the consequences of the policies will be worse on the whole, taking outsiders into account. In terms of actions, subjects think they would do their perceived duty rather than violate it for the sake of better consequences. The discrepancy between duty and judged consequences does not seem to result from self‐interest alone. When asked for reasons, many subjects felt an obligation to help their fellow citizens before others, and they also thought that they owed something to their nation, in return for what it did for them. The obligation to help fellow citizens was the strongest predictor of perceived duty. In an experiment with Israeli and Palestinian students, group membership affected both perceived overall consequences and duty, but the effect of group on perceived consequences did not account for the effect on perceived duty. Copyright © 2011 John Wiley & Sons, Ltd.     

The Duty to Take Rescue Precautions

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally.     

Defining and Delineating a Duty to Prognosticate

Prognostication, the process offormulating and communicating a prognosis, isno longer considered by most physicians to bean essential task in caring for patients withserious illness. Because of this fact, it isnot surprising to find that when physiciansattempt to engage in prognostication, they doit poorly. What may be surprising to thoseoutside the medical community is the extent towhich professional norms have developed whichactively discourage physicians from engaging inprognostication. This article explores thecauses of this state of affairs and thejustifications offered for it. The conclusionis reached that physicians have a professionalresponsibility to competently engage inprognostication based upon the doctrine ofinformed consent, and that a failure or refusalto do so has not only potential legalramifications, but serious negativeimplications for many of the core issues inbioethics, such as the use of advancedirectives, palliative medicine, and medicalfutility.     

Concerning a Moral Duty to Cheat in Games

Stimulated by Hugh Upton's recent article in this journal, in which he argues that there can be a moral duty to cheat in games, I attempt to examine his claims. Much of what he writes revolves around examples from two sports, cricket and rugby, and with differing connections to those games' rules. While the example from cricket is said to involve a breach of the spirit of that game, it is contravention of the written rules of rugby on which the latter part of Upton's case focuses. Given limited space I concentrate on the cricketing example, but several of the points I make about that apply also to when rule-breaking itself is involved. My conclusions express doubts about whether a case for a moral duty to cheat in games has been established.     

The Tarasoff Warning and the Duty to Protect

Summary

Since the case of Tarasoff v. Regents of the University of California, mental health professionals have had an explicit legal duty to warn potential adult victims of violence. Subsequent case law expanded this standard to a broader duty-to-protect. Primary health care providers are increasingly treating psychiatric patients for whom the duty to protect is applicable. However, these providers are often unaware of the legal, ethical, and clinical issues involved. Assessment of violence risk should include demographic, psychiatric, and social dimensions. Interventions include notifying law enforcement authorities, potential victims, and possible use of psychiatric hospitalization to prevent aggressive behavior. The duty-to-protect as a standard-of-care has been applied to several other clinical situations, including impaired driving capacity, high-risk HIV behavior, and child sexual abuse. The article includes a step-by-step clinical protocol for evaluation and intervention in dangerous situations.     

The Duty to Rescue and the Limits of Confidentiality

Surveys and routine clinical procedures applied in research protocols are typically considered only minimally risky to participants. The apparent benign nature of "minimal risk" tasks increases the chance that investigators and Institutional Review Boards (IRBs) will overlook the probability that clinical tools will identify signs, symptoms, or definitive test results that are clinically-relevant to subjects' welfare. "Minimal risk" procedures may also pose a particular hazard to participants in clinical research by increasing the therapeutic misconception because the tasks mimic clinical care and are often conducted in clinical settings. Investigators should anticipate which measures could yield clinically-important findings and should describe explicit plans for data monitoring, disclosure, and follow-up. Protocols that include reliable and valid clinical measures should prompt a more detailed risk assessment by the IRB, even when the tasks meet the regulatory criteria for minimal physical, psychological, or emotional risk.     

The Duty to Aid Nonhuman Animals in Dire Need

abstract   Most moral philosophers accept that we have obligations to provide at least some aid and assistance to distant strangers in dire need. Philosophers who extend rights and obligations to nonhuman animals, however, have been less than explicit about whether we have any positive duties to free-roaming or 'wild' animals. I argue our obligations to free-roaming nonhuman animals in dire need are essentially no different to those we have to severely cognitively impaired distant strangers. I address three objections to the view that we have positive duties to free-roaming nonhuman animals, and respond to the predation objection to animal rights.