Michael Cholbi

A significant body of research suggests that self-control and willpower are resources that become depleted as they are exercised. Having to exert self-control and willpower draws down the reservoir of these resources and make subsequent such exercises more difficult. This “ego depletion” renders individuals more susceptible to manipulation by exerting non-rational influences on our choice and conduct. In particular, ego depletion results in later choices being less governable by our powers of self-control and willpower than earlier choices. I draw out three implications of this phenomenon: first, manipulation can exploit ego depletion through the fashioning of social environments that tax willpower or self-control; second, ego depletion undermines the Platonic-Aristotelian picture of character and strength of will; and third, ego depletion needs to be a more central focus of theorists of justice, since it appears to be a significant contributor to poverty and other persistent injustices.

Philosophers have harbored doubts about the possibility of moral expertise since Plato. I argue that irrespective of whether moral experts exist, identifying who those experts are is insurmountable because of the credentials problem: Moral experts have no need to seek out others’ moral expertise, but moral non-experts lack sufficient knowledge to determine whether the advice provided by a putative moral expert in response to complex moral situations is correct and hence whether an individual is a bone fide expert. Traditional accounts of moral expertise require that moral experts give reliably correct moral advice supported by adequate justification, an account which, I argue, is too lean in allowing for the possibility of a moral expert who is motivationally indifferent to her own moral judgments and advice. Yet even if the proposition that a moral expert is an individual who provides reliably correct moral advice supported by adequate justification and is necessarily motivated by that advice exhausts the necessary and sufficient conditions for moral expertise, this proposition cannot function as an applicable criterion for non-experts to use in appraising would-be experts’ claims to expertise. The credentials problem thus remains unanswered.

Assertions of statements such as ‘it’s raining, but I don’t believe it’ are standard examples of what is known as Moore’s paradox. Here I consider moral equivalents of such statements, statements wherein individuals affirm moral judgments while also expressing motivational indifference to those judgments (such as ‘hurting animals for fun is wrong, but I don’t care’). I argue for four main conclusions concerning such statements: 1. Such statements are genuinely paradoxical, even if not contradictory. 2. This paradoxicality can be traced to a form of epistemic self-defeat that also explains the paradoxicality of ordinary Moore-paradoxical statements. 3. Although a simple form of internalism about moral judgment and motivation can explain the paradoxicality of these moral equivalents, a more plausible explanation can be provided that does not rely on this simple form of internalism. 4. The paradoxicality of such statements suggests a more credible understanding of the thesis that those who are not motivated by their moral judgments are irrational.

After establishing that the requirement that those criminals who stand for execution be mentally competent can be given a recognizably retributivist rationale, I suggest that not only it is difficult to show that executing the incompetent is more cruel than executing the competent, but that opposing the execution of the incompetent fits ill with the recent abolitionist efforts on procedural concerns. I then propose two avenues by which abolitionists could incorporate such opposition into their efforts.

The achievement of intentional learning is a powerful paradigm for the objectives and methods of the teaching of philosophy. This paradigm sees the objectives and methods of such teaching as based not simply on the mastery of content, but as rooted in attempts to shape the various affective and cognitive factors that influence students’ learning efforts. The goal of such pedagogy is to foster an intentional learning orientation, one characterized by self-awareness, active monitoring of the learning process, and a desire for publicly certified expertise. I provide a number of examples of philosophy-specific teaching strategies that follow this paradigm.

David Boonin has recently argued that although no existing theory of legal punishment provides adequate moral justification for the practice of punishing criminal wrongdoing, compulsory victim restitution (CVR) is a morally justified response to such wrongdoing. Here I argue that Boonin’s thesis is false because CVR is a form of punishment. I first support this claim with an argument that Boonin’s denial that CVR is a form of punishment requires a groundless distinction between a state’s response to a criminal offense and its response to an offender’s failure to comply with the sanctions imposed for that offense. I then suggest that this argument points to a definition of punishment that not only meets Boonin’s own desiderata for a definition of punishment but also implies that CVR is a form of punishment. Finally, I argue that CVR is a form of punishment even under Boonin’s own proposed definition of punishment.

One principal challenge to the rationalist thesis that the demands of morality are requirements of rationality has been that posed by the "rational egoist." In attempting to answer's the egoist's challenge, some rationalists have supposed that an adequate reply must take the form of a deductive argument that "converts" the egoist by showing that her position is contradictory, arbitrary, or violates some precept that defines practical rationality as such. Here I argue (a) that such rationalist replies will fail to persuade the egoist to adopt a recognizably moral way of life; (b) that this failure can be traced to epistemic assumptions that underlie typical rationalist replies; (c) that egoist conversion can better be understood by rejecting these assumptions and seeing egoist conversion as akin to a paradigm shift in the sciences; and (d) that conceptualizing egoist conversion as a paradigm shift accords with empirical psychological evidence regarding the acquisition and modification of individuals' moral attitudes and beliefs.

Conservatives commonly claim that systems of formal education are biased against conservative ideology. I argue that this claim is incorrect, but not because there is no bias against conservatives in formal education. A wide swath of psychological evidence linking personality and ideology indicates that conservatives and liberals differ in their learning orientations, that is, in the values, motivations, and beliefs they bring to learning tasks. These differences in operative epistemologies explain many demographic phenomena relating educational achievement and political ideology. Systems of formal education thus disadvantage conservatives, especially in the later stages of formal education. Conservatives are therefore ‘selected against’ in the process of formal education, not due to their values or ideology but because their learning orientations are not especially conducive to academic success beyond a certain point. However, because the bias against conservatives in not ideological in origin, a case cannot be made that conservatives are victims of institutional injustice. This bias against conservatives in formal education could be mitigated were the purposes of formal education radically modified (the education of the military class in Plato’s Republic serves as a model). But such a model of formal education would ill serve the needs of modern, industrialized, information-driven societies.

By emphasising the intentions underlying suicidal behaviour, suicidal death is distinguished from accidental death in standard philosophical accounts on the nature of suicide. A crucial third class of self-produced deaths, deaths in which agents act neither intentionally nor accidentally to produce their own deaths, is left out by such accounts. Based on findings from psychiatry, many life-threatening behaviours, if and when they lead to the agent’s death, are suggested to be neither intentional nor accidental, with many apparently suicidal behaviours being of this sort, especially the so-called “cries for help”. This category may be usefully analogised to the existing legal category of manslaughter.

Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, and it imposes lower costs on whites for murdering minorities by dispensing weaker sentences. These cost differentials constitute an injustice not simply to actual minority defendants in capital cases, nor simply to the actual minority victims of murder, but to all members of minority communities. I here offer two arguments for a moratorium on capital punishment: The first draws upon evidence of racial discrimination against minority defendants in capital cases, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy equal status under the law. The second draws upon the evidence regarding racial discrimination in relation to the race of victims, and claims that such discrimination modifies the costs of murder in such a way that minority individuals do not enjoy the equal protection of the law. Thus, by not assigning equal costs to murder, the American criminal justice system fails to provide racial minorities the equality under the law and discounts the value of their lives and liberties. A moratorium is the least unjust response to such a social injustice. I also reply to the criticism that a moratorium prevents us from executing deserving murderers.

Thanks to recent scholarship, Kant is no longer seen as the dogmatic opponent of suicide he appears at first glance. However, some interpreters have recently argued for a Kantian view of the morality of suicide with surprising, even radical, implications. More specifically, they have argued that Kantianism requires that those with dementia or other rationality-eroding conditions end their lives before their condition results in their loss of identity as moral agents, and requires subjecting the fully demented or those confronting future dementia to non-voluntary euthanasia. Properly understood, Kant’s ethics has neither of these implications. wrongly assumes that rational agents’ duty of self-preservation entails a duty of self-destruction when they become non-rational. further neglects Kant’s distinction between duties to self and duties to others and wrongly assumes that duties can be owed to rational agents only during the time of their existence.

Introduction Cholbi, Michael (et al.) Pages 1-10 Assisted Dying and the Proper Role of Patient Autonomy Bullock, Emma C. Pages 11-25 Preventing Assistance to Die: Assessing Indirect Paternalism Regarding Voluntary Active Euthanasia and Assisted Suicide Schramme, Thomas Pages 27-40 Autonomy, Interests, Justice and Active Medical Euthanasia Savulescu, Julian Pages 41-58 Mental Illness, Lack of Autonomy, and Physician-Assisted Death Varelius, Jukka Pages 59-77 Euthanasia for Mental Suffering Raus, Kasper (et al.) Pages 79-96 Assisted Dying for Individuals with Dementia: Challenges for Translating Ethical Positions into Law Downie, Jocelyn (et al.) Pages 97-123 Clinical Ethics Consultation and Physician Assisted Suicide Adams, David M. Pages 125-147 License to Kill: A New Model for Excusing Medically Assisted Dying? Huxtable, Richard (et al.) Pages 149-168 Medically Enabled Suicides Cholbi, Michael Pages 169-184 Saving Lives with Assisted Suicide and Euthanasia: Organ Donation After Assisted Dying Shaw, David M. Pages 185-192 Implanted Medical Devices and End-of-Life Decisions Gill, Michael B. Pages 193-215 Everyday Attitudes About Euthanasia and the Slippery Slope Argument Feltz, Adam Pages 217-237 “You Got Me Into This…”: Procreative Responsibility and Its Implications for Suicide and Euthanasia Weinberg, Rivka Pages 239-252 .

Kant's claim that the rational will has absolute value or dignity appears to render any prudential suicide morally impermissible. Although the previous appeals of Kantians (e. g., David Velleman) to the notion that pain or mental anguish can compromise dignity and justify prudential suicide are unsuccessful, these appeals suggest three constraints that an adequate Kantian defense of prudential suicide must meet. Here I off er an account that meets these constraints. Central to this account is the contention that some suicidal agents, because they are unable to fashion a rational conception of their own happiness, are diminished with respect to their dignity of humanity, and as a result, lack the pricelessness that makes prudential suicide wrong on a Kantian view

This article addresses the question of whether the arguments for a duty to die given by John Hardwig, the most prominent philosophical advocate of such a duty, are sound. Hardwig believes that the duty to die is relatively widespread among those with burdensome illnesses, dependencies, or medical conditions. I argue that although there are rare circumstances in which individuals have a duty to die, the situations Hardwig describes are not among these.After reconstructing Hardwig's argument for such a duty, highlighting his central premise that ill, dependent, or aged individuals can impose unfair burdens upon others by continuing to live, I clarify precisely what Hardwig intends by his thesis that many of us have a duty to die. I then show that an important disanalogy exists between an uncontroversial example in which an individual has a duty to die and the situations in which Hardwig proposes individuals have a duty to die. More specifically, in situations where a duty to die exists, an individual's having a duty to die logically implies that those she burdens have a right to kill that individual in self-defense. I then suggest that the burdens that ill, dependent, or aged individuals impose on their families, loved ones, or caregivers do not constitute the kind of threat that warrants the latter killing the former in self-defense. Hence, the duty to die is much rarer than Hardwig supposes

The various jurisdictions worldwide that now legally permit assisted suicide (or voluntary euthanasia) vary concerning the medical conditions needed to be legally eligible for assisted suicide. Some jurisdictions require that an individual be suffering from an unbearable and futile medical condition that cannot be alleviated. Others require that individuals must be suffering from a terminal illness that will result in death within a specified timeframe, such as six months. Popular and academic discourse about assisted suicide paradigmatically focuses on individuals with ‘physical,’ i.e., non-psychiatric medical conditions, such as cancer or AIDS. Here I defend analyses of the notions of unbearable suffering, futility, and terminality that imply that, regardless of which of these medical conditions is invoked, at least some individuals with severe and persistent psychiatric illnesses satisfy these conditions and ought to be classified as legally eligible for assisted suicide. The legal and moral case for a right to assisted suicide is therefore not in principle weaker for the severely psychiatrically disordered than for those with ‘typical’ terminal or futile medical conditions.

What I call medically enabled suicides have four distinctive features: 1. They are instigated by actions of a suicidal individual, actions she intends to result in a physiological condition that, absent lifesaving medical interventions, would be otherwise fatal to that individual. 2. These suicides are ‘completed’ due to medical personnel acting in accordance with recognized legal or ethical protocols requiring the withholding or withdrawal of care from patients (e.g., following an approved advance directive). 3. The suicidal individual acts purposefully to ensure that medical personnel will act on these protocols. 4. These suicides do not involve medical personnel providing aid in dying in the standard sense, either through (a) active voluntary euthanasia, or (b) assistance by means of prescriptions, etc. -/- Regardless of how common medically enabled suicides are, they raise compelling questions at the interface of medicine and individual choice. After first clarifying the concept of medically enabled suicide and exploring some of the reasons why it might be attractive to suicidal individuals, I then investigate two apparent dilemmas that medically enabled suicides raise for medical care providers. The first alleges that medical care providers may not contribute to harming their patients, and so they may not contribute to their patients’ suicides. The second alleges that if care providers, as a matter of personal conscience, believe that suicide is wrong, then they may not be compelled to contribute to their patient’s acting wrongly by assenting to the wishes of a patient pursuing medically enabled suicide. Both dilemmas arise from the fact that while medical personnel are bound by widely accepted precepts of medical ethics to honor the competent wishes of their patients, medically enabled suicides entangle them in their patients’ suicidal plans in ways that result in their contributing to those suicides. I conclude that neither dilemma should be resolved in the direction of medical personnel having the right to refrain from involvement in medically enabled suicides. Thus, while we may find medically enabled suicide distasteful or exploitative, a strong case cannot be made that medical personnel refusing to involve themselves in such suicides is ethically permissible.

Many participants in debates about the morality of assisted dying maintain that individuals may only turn to assisted dying as a ‘last resort’, i.e., that a patient ought to be eligible for assisted dying only after she has exhausted certain treatment or care options. Here I argue that this last resort condition is unjustified, that it is in fact wrong to require patients to exhaust a prescribed slate of treatment or care options before being eligible for assisted dying. The last resort condition effectively pits one right of patients, their right to refuse medical treatment or interventions, against another patient right acknowledged by advocates of assisted dying, the right to die. Drawing on an analogy with the legal notion of an unconstitutional condition, I argue that the last resort condition unjustly demands that an arguably more fundamental right—the right to refuse medical treatment or intervention—be foregone in order to acquire a less fundamental right—the right to die. I then address three rationales for the last resort condition and find that they subject individuals to arbitrarily stringent standards for exercising the right to die, standards to which those who seek to end their lives by voluntarily ending life-sustaining treatments are not subject. Subjecting those who seek assisted dying to the last resort condition therefore wrongfully infringes on their right to refuse medical treatment or interventions

Motivational internalism (MI) holds that, necessarily, if an agent judges that she is morally obligated to ø, then, that agent is, to at least some minimal extent, motivated to ø. Opponents of MI sometimes invoke depression as a counterexample on the grounds that depressed individuals appear to sincerely affirm moral judgments but are ‘listless’ and unmotivated by such judgments. Such listlessness is a credible counterexample to MI, I argue, only if the actual clinical disorder of depression, rather than a merely hypothetical example of such listlessness, is the source of this listlessness. However, empirical evidence concerning depression shows that, to the extent that the depressed are motivationally listless at all, they are abnormally listless only with respect to an important class of non-moral judgments, namely, their prudential normative judgments (i.e., those concerning their own happiness and well-being), not their moral judgments. Hence, depressed individuals do not constitute a counterexample to MI. This conclusion has important methodological implications concerning how supporters and opponents of MI can best defend their respective theses

abstract Ryan Tonkens proposes that my Kantian approach to suicide intervention with respect to the mentally ill (2002) wrongly assumes that the suicidally mentally ill are rational and are therefore rational agents to whom Kantian moral constraints ought to apply. Here I indicate how the empirical evidence concerning the suicidally mentally ill does not support Tonkens' criticism that the suicidally mentally ill are irrational. In particular, that evidence does not support the conclusion that such individuals are systemically practically irrational so as to undermine the attribution of at least minimal rational autonomy to them. A Kantian moral framework, albeit one developed in a non-ideal direction, remains applicable to such individuals.

T.M. Scanlon (1998) proposes that promise breaking is wrong because it shows manipulative disregard for the expectations for future behavior created by promising. I argue that this account of promissory obligation is mistaken in it own right, as well as being at odds with Scanlon's contractualism. I begin by placing Scanlon's account of promising within a tradition that treats the creation of expectations in promise recipients as central to promissory obligation. However, a counterexample to Scanlon's account, his case of the "Profligate Pal," will show that this view of promissory obligation, which I call the Expectations View, is incorrect. In its place, I propose an account of promissory obligation I call Promising as Accountability, according to which promising is a way of making oneself accountable to others for a future act. Not only is Promising as Accountability a more defensible approach to promissory obligation, it also better fits with certain general features of Scanlon's contractualism.

Philosophical discussions of the morality of suicide have tended to focus on its justifiability from an agent’s point of view rather than on the justifiability of attempts by others to intervene so as to prevent it. This paper addresses questions of suicide intervention within a broadly Kantian perspective. In such a perspective, a chief task is to determine the motives underlying most suicidal behaviour. Kant wrongly characterizes this motive as one of self-love or the pursuit of happiness. Psychiatric and scientific evidence suggests that suicide is instead motivated by a nihilistic disenchantment with the possibility of happiness which, at its apex, results in the loss of the individual’s conception of her practical identity. Because of this, methods of intervention that appeal to agents’ happiness, while morally benign, will prove ineffective in forestalling suicide. At the same time, more aggressive methods violate the Kantian concern for autonomy. This apparent dilemma can be resolved by seeing suicide intervention as an action undertaken in non-ideal circumstances, where otherwise unjustified manipulation, coercion, or paternalism are morally permitted.