The Transcendental Necessity of Morality

David Gauthier tries to defend morality by showing that rational agents would choose to adopt a fundamental choice disposition that permits them to cooperate in prisoner's dilemmas. In this paper, I argue that Gauthier, rather than trying to work out a prudential justification for his favored choice disposition, should opt for a transcendental justification. I argue that the disposition in question is the product of socialization, not rational choice. However, only agents who are socialized in such a way that they acquire a disposition of this type could acquire the capacity to use language. Given the internal connection between language and thought, this means that no agent endowed with such a disposition could rationally choose to adopt another. Thus rational reflection by moral agents upon their own fundamental choice disposition will have no tendency to destabilize it.
"It is a necessary truth that people tend to do what they think they ought to do, for it is a necessary truth that people who occupy a linguistic position which means / ought to do A now , tend to do A. If they did not, the position they occupy could not mean I ought to do A now."
Wilfrid Sellars, "Some Reflections on Language Games."     

Hard Determinism,Humeanism, and Virtue Ethics

Hard determinists hold that we never have alternative possibilities of action—that we only can do what we actually do. This means that if hard determinists accept the “ought implies can” principle, they must accept that it is never the case that we ought to do anything we do not do. In other words, they must reject the view that there can be “ought”‐based moral reasons to do things we do not do. Hard determinists who wish to accommodate moral reasons to do things we do not do can instead appeal to Humean moral reasons that are based on desires to be virtuous. Moral reasons grounded on desires to be virtuous do not depend on our being able to act on those reasons in the way that “ought”‐based moral reasons do.     

Bedside ethics and health system catastrophe: imagine if you will..

Preparations for large-scale disasters have tended to focus on triage schema, stockpiling of materials, and other logistical concerns. Less attention has been given to the myriad of distressing and almost unthinkable ethically charged dilemmas that will emerge at the bedside during a catastrophe, and how they may be best managed. Yet, it is these bedside issues that may limit or thwart the effectiveness of disaster planning, and, therefore, they ought to be carefully considered.     

Decision-induced focusing in social dilemmas: give-some, keep-some, take-some, and leave-some dilemmas

Previous research on asymmetric social dilemmas has suggested that public good dilemmas evoke different choice behaviors than do resource dilemmas. The authors propose that these differences reflect a differential focus that is dependent on the way decisions are generally presented in the dilemma types. In agreement with this, the results of 2 experimental studies suggest that, in public good dilemmas, group members are less focused on the consequences of their actions for the final outcome distribution when deciding how many endowments they give to the public good than when deciding how many endowments they keep for themselves. In resource dilemmas, group members are less focused on the final outcome distribution when deciding how many endowments they leave in the collective resource than when deciding how many endowments they take.     

Accountability and cooperation in social dilemmas: The influence of others’ reputational concerns

The present study examined the assumption that non-anonymous choices in social dilemmas (i.e., choices for which one is accountable) may influence cooperation, but only to the extent that decision-makers believe that the others will evaluate non-cooperation negatively. Based on a recent review by Kerr (1999), it was expected that under conditions of accountability, decision-makers would cooperate more when they believed that the others within the group were also concerned about their social reputation and therefore were aware of the social norm of cooperation within social dilemmas. As a consequence, it could be expected that non-cooperation by oneself would be evaluated negatively by those others since they seemed to be aware of what ought to be done in a social dilemma (i.e., the norm of cooperation). Results confirmed these predictions and, in addition, also showed that greater willingness to cooperate was associated with stronger feelings of collective concern. The findings are discussed in terms of recent literature on anonymity effects in social dilemmas. This research was part of the second author's master thesis at Maastricht University. The first author was supported by a fellowship of the Netherlands Organization for Scientific Research (NWO, no. 016.005.019).     

‘Ought Implies Can’: Not So Pragmatic After All

Those who want to deny the ‘ought implies can’ principle often turn to weakened views to explain ‘ought implies can’ phenomena. The two most common versions of such views are (a) that ‘ought’ presupposes ‘can’, and (b) that ‘ought’ conversationally implicates ‘can’. This paper will reject both views, and in doing so, present a case against any pragmatic view of ‘ought implies can’. Unlike much of the literature, I won't rely on counterexamples, but instead will argue that each of these views fails on its own terms. ‘Ought’ and ‘can’ do not obey the negation test for presupposition, and they do not obey the calculability or the cancelability tests for conversational implicature. I diagnose these failures as partly a result of the importance of the contrapositive of ‘ought implies can’. I end with a final argument emphasizing the role the principle plays in moral thinking, and the fact that no pragmatic account can do it justice.     

The Ethics of Democratic Deceit

Deception presents a distinctive ethical problem for democratic politicians. This is because there seem in certain situations to be compelling democratic reasons for politicians both to deceive and not to deceive the public. Some philosophers have sought to negotiate this tension by appeal to moral principle, but such efforts may misrepresent the felt ambivalence surrounding dilemmas of public office. A different approach appeals to the moral character of politicians, and to the variety of forms of manipulative communication at their disposal. The public is usually more indulgent of politicians who ‘spin’ the truth than of those who tell bare‐faced lies, but this could be a mistake. Spin expresses disdain for the democratic value of truthfulness, and so democratic ‘spin‐doctors’ ought to trouble us more than they typically do. The cause of confusion here may reside in the failure to appreciate the distinctiveness of public morality, and in the misguided application of private standards of behaviour to a public context in which they are out of place.     

Can Virtuous People Emerge from Tragic Dilemmas Having Acted Well?

abstract   A tragic dilemma is thought to arise when an agent, through no fault of her own, finds herself in a situation where she must choose between two courses of action, both of which it would be wrong to undertake. I focus on tragic dilemmas that are resolvable, that is, where a reason can be given in favour of one course of action over another, and my aim is to examine whether Hursthouse's virtue-ethical account of right action succeeds in avoiding two problems presented by tragic dilemmas. The first of these is that they produce the seemingly contradictory conclusion that an agent, in doing what she ought to do, acts wrongly, making it appropriate for her to feel guilt. The second is the paradox of moral luck, which consists in the conflict between the intuition that an agent cannot be held responsible for actions that are not fully voluntary, and the fact that she may nevertheless believe that she has done something morally reprehensible. I argue that if we accept Hursthouse's separation of action guidance and action assessment, her account succeeds in solving the problem of contradiction. However, it does not completely avoid the problem of moral luck. I argue, against Hursthouse, that the virtuous agent can emerge from a tragic dilemma having acted well, and that this is the conclusion we must arrive at if we want to avoid the problem of contradiction and of moral luck.     

A nonsexist look at the shift to risk

This paper reports the results of a study in which male and female subjects are exposed to standard shift-to-risk dilemmas in which the central character is either male or female, rather than just male as in previous research. It was found that, while subjects shift to risk on dilemmas with male characters, they generally do not show such shifts on dilemmas with female characters. Results are discussed in terms of major theories of the shift to risk and sex bias on the part of researchers in this area.     

Collectives’ and individuals’ obligations: a parity argument

Individuals have various kinds of obligations: keep promises, don’t cause harm, return benefits received from injustices, be partial to loved ones, help the needy and so on. How does this work for group agents? There are two questions here. The first is whether groups can bear the same kinds of obligations as individuals. The second is whether groups’ pro tanto obligations plug into what they all-things-considered ought to do to the same degree that individuals’ pro tanto obligations plug into what they all-things-considered ought to do. We argue for parity on both counts.     

Counter‐intuitive moral judgement following traumatic brain injury

Several neurological patient populations, including traumatic brain injury (TBI), appear to produce an abnormally ‘utilitarian’ pattern of judgements to moral dilemmas; they tend to make judgements that maximize the welfare of the majority, rather than deontological judgements based on the following of moral rules (e.g., do not harm others). However, this patient research has always used extreme dilemmas with highly valued moral rules (e.g., do not kill). Data from healthy participants, however, suggest that when a wider range of dilemmas are employed, involving less valued moral rules (e.g., do not lie), moral judgements demonstrate sensitivity to the psychological intuitiveness of the judgements, rather than their deontological or utilitarian content (Kahane et al., Social Cognitive and Affective Neuroscience, 7, 2011, 393). We sought the moral judgements of 30 TBI participants and 30 controls on moral dilemmas where content (utilitarian/deontological) and intuition (intuitive/counter‐intuitive) were measured concurrently. Overall TBI participants made utilitarian judgements in equal proportions to controls; disproportionately favouring utilitarian judgements only when they were counter‐intuitive, and deontological judgements only when they were counter‐intuitive. These results speak against the view that TBI causes a specific utilitarian bias, suggesting instead that moral intuition is broadly disrupted following TBI.     

The Definition of Moral Dilemmas: A Logical Problem

This paper concerns one of the undecided disputes of modern moral philosophy: the possibility of moral dilemmas. Whereas proponents of the possibility of moral dilemmas often appeal to moral experience, many opponents refer to ethical theory and deontic logic. My aim in this paper is to clarify some of the tension between moral experience and ethical theory with respect to moral dilemmas. In Part One I try to show that a number of logical arguments against the possibility of moral dilemmas, though apparently very different, turn out to be basically the same, as they are all based on the following concept of ought: if A ought to be done, doing B is impermissible and doing A itself is permissible. In Part Two I present an overview of several definitions of moral dilemmas that have been given by proponents of moral dilemmas: definitions that define moral dilemmas in terms of oughts and definitions that define them in terms of reasons. I conclude that, while reason is to weak, ought is too strong a concept to define moral dilemmas with. In this way, the arguments from Part One create a logical problem for proponents of the possibility of moral dilemmas to define moral dilemmas.     

“Cannot” Implies “Not Ought”

I argue for a version of “ought” implies “can”. In particular, I argue that it is necessarily true that if an agent, S, ultima facie ought to do A at T’, then there is a time T* such that S can at T* do A at T’. In support of this principle, I have argued that without it, we cannot explain how it is that, in cases where agents cannot do the best thing, they often ought to do some alternative action – such as get help or do the promised action later; nor can we explain the phenomenon of necessary enablers or the phenomenon of more stringent prima facie obligations overriding less stringent ones in cases where the agent cannot fulfill both.     

Reasons for Action and Psychological Capacities

Most moral philosophers agree that if a moral agent is incapable of performing some act ф because of a physical incapacity, then they do not have a reason to ф. Most also claim that if an agent is incapable of ф-ing due to a psychological incapacity, brought about by, for example, an obsession or phobia, then this does not preclude them from having a reason to ф. This is because the ‘ought implies can’ principle is usually interpreted as a claim about physical, rather than psychological, capacities. In this paper I argue for an opposing view: if we don’t have reasons to do things that we are physically incapable of doing, then neither do we have reasons to do things we are psychologically incapable of doing. I also argue that extending the ‘ought implies can’ principle to psychological capacities makes the principle more attractive.     

Naïve deontics: a theory of meaning, representation, and reasoning

Deontic assertions concern what one ought to do, may do, and ought not to do. This paper proposes a theory of their meanings and of how these meanings are represented in mental models. The meanings of deontic assertions refer to sets of permissible and impermissible states. An experiment corroborated the ability of individuals to list these states. The most salient were those corresponding to the mental models of the assertions. When individuals reason, they rely on mental models, which do not make all states explicit. The theory predicts the most frequent conclusions drawn from deontic premises. It also predicts the occurrence of illusory inferences from assertions of permission, i.e., inferences that seem highly plausible but that are in fact invalid. Assertions of prohibitions, according to the theory, should reduce the illusions. Further experiments corroborated these predictions.     

Race, Kinds and Ontological Commitments: Issues for Social Policy Clarification

abstract   This article attempts to illustrate the continuing need to pay attention to ontological issues connected with the conduct of empirical research and subsequent policy making. Failure to do so leads to the conflation of social constructions with ideas about the thesis of an independent reality. Such category mistakes often lead to dilemmas in which culturally sensitive constructs may, on the one hand, be worthy of study because they do tell us how socially constructed categories do predict social phenomena; but, on the other hand, such constructs may illustrate an unwillingness on the part of the research community to recognize the objective nature of such constructs. Some recommendations are suggested for addressing the social policy consequences of these dilemmas.     

“Ought Implies Can,” Framing Effects,and “Empirical Refutations”

This paper aims to contribute to the current debate about the status of the “Ought Implies Can” (OIC) principle and the growing body of empirical evidence that undermines it. We report the results of an experimental study which show that people judge that agents ought to perform an action even when they also judge that those agents cannot do it and that such “ought” judgments exhibit an actor-observer effect. Because of this actor-observer effect on “ought” judgments and the Duhem-Quine thesis, talk of an “empirical refutation” of OIC is empirically and methodologically unwarranted. What the empirical fact that people attribute moral obligations to unable agents shows is that OIC is not intuitive, not that OIC has been refuted.     

Paying for kidneys: the case against prohibition

We argue that healthy people should be allowed to sell one of their kidneys while they are alive--that the current prohibition on payment for kidneys ought to be overturned. Our argument has three parts. First, we argue that the moral basis for the current policy on live kidney donations and on the sale of other kinds of tissue implies that we ought to legalize the sale of kidneys. Second, we address the objection that the sale of kidneys is intrinsically wrong because it violates the Kantian duty of respect for humanity. Third, we address a range of consequentialist objections based on the idea that kidney sales will be exploitative. Throughout the paper, we argue only that it ought to be legal for an individual to receive payment for a kidney. We do not argue that it ought to be legal for an individual to buy a kidney.