Confronting deep moral disagreement: the President's Council on Bioethics, moral status, and human embryos

The report of the President's Council on Bioethics, Human Cloning and Human Dignity, addresses the central ethical, political, and policy issue in human embryonic stem cell research: the moral status of extracorporeal human embryos. The Council members were in sharp disagreement on this issue and essentially failed to adequately engage and respectfully acknowledge each others' deepest moral concerns, despite their stated commitment to do so. This essay provides a detailed critique of the two extreme views on the Council (i.e., embryos have full moral status or they have none at all) and then gives theoretical grounding for our judgment about the intermediate moral status of embryos. It also supplies an account of how to address profound moral disagreements in the public arena, especially by way of constructing a middle ground that deliberately pays sincere respect to the views of those with whom it has deep disagreements.     

Moral Realism,Moral Disagreement,and Moral Psychology

Abstract

This paper considers John Doris, Stephen Stich, Alexandra Plakias, and colleagues’ recent attempts to utilize empirical studies of cross-cultural variation in moral judgment to support a version of the argument from disagreement against moral realism. Crucially, Doris et al. claim that the moral disagreements highlighted by these studies are not susceptible to the standard ‘diffusing’ explanations realists have developed in response to earlier versions of the argument. I argue that plausible hypotheses about the cognitive processes underlying ordinary moral judgment and the acquisition of moral norms, when combined with a popular philosophical account of moral inquiry—the method of reflective equilibrium—undercut the anti-realist force of the moral disagreements that Doris et al. describe. I also show that Stich's recent attempt to provide further theoretical support for Doris et al.'s case is unsuccessful.     

Moral Realism and Faultless Disagreement

Is moral realism compatible with the existence of moral disagreements? Since moral realism requires that if two persons are in disagreement over some moral question (that has a determinate answer) at least one must be objectively mistaken, it seems difficult to uphold that there can be moral disagreements without fault. Alison Hills argued that moral realism can accommodate such disagreements. Her strategy is to argue that moral reasoners can be faultless in making an objectively false moral judgement if they followed the relevant epistemic norm, i.e. follow your conscience, when making their judgement. I will argue that Hills' strategy does not work. The putative epistemic norm follow your conscience does not trump moral truth, because believing something wrong for the wrong reasons is worse than believing something right for the wrong reasons. 1 1 I would like to thank Alexander Davies, Toomas Lott, Francesco Orsi, the reviewers for Ratio, and the audience at my presentation of an earlier version of this paper at ECAP9 in Bucharest for helpful comments. The research for this paper was supported by the grants IUT20‐5 and ETF9083 of the Estonian Research Council.
     

An appreciative response to Niels Henrik Gregersen's JKR research conference lecture

Abstract

Using human embryos in research remains a controversial issue, especially in Christian bioethics. Although the official Catholic stance rejects human embryonic stem cell research, Christian thinkers T. Peters, K. Lebacqz and G. Bennett support it. They endorse the 14-day Rule and argue that ex vivo embryos lack moral worth. I examine and challenge the 14-day Rule and location argument (in vivo/ex vivo). I develop a theory of holistic anthropology and intrinsic moral value for human embryos. I conclude that intrinsic moral value is not equal to full moral value, and therefore use of embryos in biomedical research is morally permissible.     

Reflection,Nature, and Moral Law: The Extent of Catharine Cockburn's Lockeanism in her Defence of Mr. Locke's Essay

This essay examines Catharine Cockburn's moral philosophy as it is developed in her Defence of Mr. Locke's Essay on Human Understanding. In this work, Cockburn argues that Locke's epistemological principles provide a foundation for the knowledge of natural law. Sheridan suggests that Cockburn's objective in defending Locke's moral epistemology was conditioned by her own prior commitment to a significantly un‐Lockean theory of morality. In exploring Cockburn's views on morality in terms of their divergence from Locke's, the author hopes to underscore the extent of Cockburn's intellectual independence and her philosophical creativity.     

Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered.     

Possessing Moral Concepts

Moral discourse allows for speakers to disagree in many ways: about right and wrong acts, about moral theory, about the rational and conative significance of moral failings. Yet speakers’ eccentricities do not prevent them from engaging in moral conversation or from having (genuine, not equivocal) moral disagreement. Thus differences between speakers are compatible with possession of moral concepts. This paper examines various kinds of moral disagreements and argues that they provide evidence against conceptual-role and informational atomist approaches to understanding our moral concepts. Conceptual role approaches fail because they cannot account for shared concepts among speakers with different commitments to the practical and conative ramifications of moral judgments. Informational atomist views fail because speakers need not be locked on to the same moral properties to share moral concepts.

Navigating the Penumbra: Children and Moral Responsibility

Child moral agency is dismissed in many historical and contemporary accounts based on children's supposed lack or marginal possession of agency-bearing capacities, including reason, deliberation, and judgment, amongst others. Given its prominence in the philosophical canon, I call this the traditional view of child agency. Recent advancements in moral developmental psychology challenge the traditional view, pointing toward the possession of relevant capacities and competencies for moral and responsible agency in early and middle childhood. I argue that both views—traditional and developmental—underdetermine our practices of holding children responsible in our common interactions. For one, we face significant epistemic barriers in accurately assessing children’s agential status qua possession of responsibility-bearing capacities and competencies. Second, overreliance on assessments of individualistic capacities emphasizes an atomistic view of agency at the expense of relational views that are of particular relevance for children as uniquely developing persons. Our practices of holding children responsible and the values that guide these practices in the context of supportive relationships are central to both supporting current and drawing out future responsible agency in childhood and, importantly, provide us with a path to regard children as participants in our moral communities, as opposed to mere agents-in-waiting.     

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.     

On some footnotes to Catharine Trotter Cockburn’s Defence of the Essay Of Human Understanding

ABSTRACT

Two footnotes added to the version of Catharine Cockburn’s Defence of the Essay Of Human Understanding (1702) reprinted in her Works (1751) have led to various accusations, including that she was confused and an inadequate interpreter of Locke’s moral epistemology. In particular, it is claimed that she did not recognize the gulf that separated her own intellectualist and internalist views from Locke’s more voluntarist and hedonistic position. This paper defends Cockburn’s interpretation of Locke, arguing that the evidence for Locke being a voluntarist and hedonist is not compelling, and that Cockburn’s interpretation of his moral epistemology is well grounded in the Essay Of Human Understanding.     

Scientific Explanation and Moral Explanation*

Moral philosophers are, among other things, in the business of constructing moral theories. And moral theories are, among other things, supposed to explain moral phenomena. Consequently, one's views about the nature of moral explanation will influence the kinds of moral theories one is willing to countenance. Many moral philosophers are (explicitly or implicitly) committed to a deductive model of explanation. As I see it, this commitment lies at the heart of the current debate between moral particularists and moral generalists. In this paper I argue that we have good reasons to give up this commitment. In fact, I show that an examination of the literature on scientific explanation reveals that we are used to, and comfortable with, non‐deductive explanations in almost all areas of inquiry. As a result, I argue that we have reason to believe that moral explanations need not be grounded in exceptionless moral principles.     

God,Mixed Modes,and Natural Law: An Intellectualist Interpretation of Locke's Moral Philosophy

The goal of this paper is to explicate the theological and epistemological elements of John Locke's moral philosophy as presented in the ‘Essay Concerning Human Understanding’ and ‘The Reasonableness of Christianity’. Many detractors hold that Locke's moral philosophy is internally inconsistent due to his seeming commitment to both the intellectualist position that divinely instituted morality admits of pure rational demonstration and the competing voluntarist claim that we must rely for our moral knowledge upon divine revelation. In this paper I argue that Locke is guilty of no such contradiction. In doing so, I attempt to accommodate Locke's position in the ‘Essay’ that moral principles are demonstrable a priori with his views on the sanctity of Christian revelation. I then consider Locke's conception of moral ideas as a species of mixed modes, or arbitrarily constructed complex ideas, and attempt to navigate the mechanism whereby human understanding can recognize these ideas as conforming to, or straying from, divinely appointed natural law. I conclude that despite Locke's failure to actually provide a full-fledged moral theory, he lays a rationally coherent groundwork for the fulfilment of such a project that accommodates a-priori rational reflection and divine revelation as complementary paths to moral understanding.     

Innocent Threats and the Moral Problem of Carnivorous Animals

The existence of predatory animals is a problem in animal ethics that is often not taken as seriously as it should be. We show that it reveals a weakness in Tom Regan's theory of animal rights that also becomes apparent in his treatment of innocent human threats. We show that there are cases in which Regan's justice‐prevails‐approach to morality implies a duty not to assist the jeopardized, contrary to his own moral beliefs. While a modified account of animal rights that recognizes the moral patient as a kind of entity that can violate moral rights avoids this counterintuitive conclusion, it makes non‐human predation a rights issue that morally ought to be subjected to human regulation. Jennifer Everett, Lori Gruen and other animal advocates base their treatment of predation in part on Regan's theory and run into similar problems, demonstrating the need to radically rethink the foundations of the animal rights movement. We suggest to those who, like us, find it less plausible to introduce morality to the wild than to reject the concept of rights that makes this move necessary to read our criticism either as a modus tollens argument and reject non‐human animal rights altogether or as motivating a libertarian‐ish theory of animal rights.     

Moral uncertainty and permissibility: Evaluating Option Sets

In this essay, we explore an issue of moral uncertainty: what we are permitted to do when we are unsure about which moral principles are correct. We develop a novel approach to this issue that incorporates important insights from previous work on moral uncertainty, while avoiding some of the difficulties that beset existing alternative approaches. Our approach is based on evaluating and choosing between option sets rather than particular conduct options. We show how our approach is particularly well-suited to address this issue of moral uncertainty with respect to agents that have credence in moral theories that are not fully consequentialist.     

The Caveman's Conscience: Evolution and Moral Realism

An increasingly popular moral argument has it that the story of human evolution shows that we can explain the human disposition to make moral judgments without relying on a realm of moral facts. Such facts can thus be dispensed with. But this argument is a threat to moral realism only if there is no realist position that can explain, in the context of human evolution, the relationship between our particular moral sense and a realm of moral facts. I sketch a plausible evolutionary story that illuminates this relationship. First, the sorts of adaptive pressures facing early humans would have produced more than just potent prosocial emotions, as evolutionary antirealists like to claim; it would have produced judgments—often situated within emotions—to the effect that others could reasonably disapprove of some bit of conduct, for an early human who cared deeply about how others might respond to her action enjoyed the benefits of more cooperative exchanges than those early humans who did not. Second, according to objectivist versions of moral constructivism, moral facts just are facts about how others, ideally situated, would respond to one's conduct. Thus if any objectivist moral constructivism story is true, then we can intelligibly assert that a) our capacity for moral judgment is the product of adaptive pressures acting on early humans and b) some moral judgments are objectively true.     

Effort and Moral Worth

One of the factors that contributes to an agent’s praiseworthiness and blameworthiness — his or her moral worth — is effort. On the one hand, agents who act effortlessly seem to have high moral worth. On the other hand, agents who act effortfully seem to have high moral worth as well. I explore and explain this pair of intuitions and the contour of our views about associated cases.     

The Great Apes and the Severely Disabled: Moral Status and Thick Evaluative Concepts

The literature of bioethics suffers from two serious problems. (1) Most authors are unable to take seriously both the rights of the great apes and of severely disabled human infants. Rationalism—moral status rests on rational capacities—wrongly assigns a higher moral status to the great apes than to all severely disabled human infants with less rational capacities than the great apes. Anthropocentrism—moral status depends on membership in the human species—falsely grants all humans a higher moral status than the great apes. Animalism—moral status is dependent on the ability to suffer—mistakenly equates the moral status of humans and most animals. (2) The concept person is widely used for justificatory purposes, but it seems that it cannot play such a role. It seems that it is either redundant or unable to play any justificatory role. I argue that we can solve the second problem by understanding person as a thick evaluative concept. This then enables us to justify assigning a higher moral status to the great apes than to simple animals: the great apes are persons. To solve the first problem, I argue that certain severely disabled infants have a higher moral status than the great apes because they are dependent upon human relationships for their well-being. Only very limited abilities are required for such relationships, and the question who is capable of them must be based on thick evaluative concepts. Thus, it turns out that to make progress in bioethics we must assign thick evaluative concepts a central role.

Match-fixing: Moral challenges for those involved

ABSTRACT

Match-fixing is a major ethical issue in sports. Although research interest in match-fixing has increased in recent years, we remain largely in the dark regarding how both betting- and non-betting-related match-fixing relate to the moral decision-making of those involved. Drawing on Rest’s theory of morality and on the perceptions of a large sample (n = 567) of participants in Flemish sports, this study indicates that most match-fixing incidents are non-betting-related, while moral motivation and associated challenges clearly differ according to the type of match-fixing. Therefore, each type of match-fixing requires different preventive measures.     

Victims' Stories: A Call to Care

In her book Victims' Stories and the Advancement of Human Rights, Diana Meyers offers a careful analysis of victims' stories as a narrative genre, and she argues that stories in this genre function as a call to care: they both depict a moral void and issue a moral demand, thereby fostering the development of a culture of human rights. This article, while finding Meyers's articulation of this idea compelling, questions Meyers's account of how victims' stories do their moral work. Whereas Meyers argues that victims' stories are complete narratives, characterized by a distinctive form of closure, it suggests that the moral power of victims' stories may lie in part in their open‐endedness or lack of closure. In telling their stories, victims engage their audiences in a new moral relationship and implicitly give them a role to play in bringing about the moral (and narrative) closure they seek.     

Moral disagreement and procedural justice: Moral mandates as constraints to voice effects

Procedural voice is a widely used and effective means to reduce or eliminate conflict. Moral disagreements, however, are particularly inflammatory, divisive, and difficult to manage. The current article reports two studies that demonstrated the unique challenge that moral disagreements pose. Specifically, the studies tested the extent to which procedural voice affected justice judgements, group climate, and decision acceptance when people perceived decisions to have moral implications. Results indicated that when people's outcome preferences represent strong moral convictions, outcomes were the primary determinant of perceived fairness and related judgements, irrespective of whether people had voice in the decision‐making process.