Michael Cholbi

Philosophical defenses of parents’ rights typically appeal to the interests of parents, the interests of children, or some combination of these. Here I propose that at least in the case of biological, non-adoptive parents, these rights have a different normative basis: namely, these rights should be accorded to biological parents because of the compensatory duties such parents owe their children by virtue of having brought them into existence. Inspried by Seana Shiffrin, I argue that procreation inevitably encumbers the wills of children in otherwise morally objectionable ways. Such subjection generates duties to compensate children, even if the child’s life is on balance a benefit to her. The right to procreate is thus conditioned on prospective parent’s willingness to compensate for the harms of procreation. And because parents bear such compensatory duties, they must be accorded permissions (i.e., rights) to fulfill these duties. These rights include familiar exclusionary rights to promote children’s welfare, etc. Moreover, because subjecting children to harms or the risks thereof violates their autonomy, parental duties (and rights) include the provision of education and other goods that enable their subsequent autonomy as adults. Grounding parental rights in compensatory procreative duties avoids problems associated with appeals to the interests of children (e.g., that these interests do not seem to generate exclusive parental rights) or to the interests of parents (e.g., that these interests do not appear strong enough to permit the creation of a new, vulnerable human individual).

Defends Kantian paternalism: Interference with an individual’s liberty for her own sake is justified absent her actual consent only to the extent that such interference stands a reasonable chance of preventing her from exercising her liberty irrationally in light of the rationally chosen ends that constitute her conception of the good. More specifically, interference with an individual’s liberty is permissible only if, by interfering, we stand a reasonable chance of preventing that agent from performing actions she chose due to distorted reasoning and which would result in that agent’s rationally chosen ends not being as fully realized as they would have been had she so acted. Applied to suicide intervention Kantian paternalism implies that such intervention is justified to the extent that it prevents a person from ending her life when, due to distorted reasoning, she engages in suicidal behavior that is at odds with her rationally chosen ends.

Utilitarians are supposed to have difficulty accounting for our obligation to keep promises. But utilitarians also face difficulties concerning our obligation to make promises. Consider any situation in which the options available to me are acts A, B, C… n, and A is utility maximizing. Call A+ the course of action consisting of A plus my promising to perform A. Since there appear to be a wide range of instances in which A+ has greater net utility then A, utilitarianism obligates us to make far more promises than even the most expansive views concerning our obligations to make promises would acknowledge.

Embarrassed by the apparent rigorism Kant expresses so bluntly in 'On a Supposed Right to Lie,' numerous contemporary Kantians have attempted to show that Kant's ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue (1) that our perfect Kantian duty of self-preservation can require our lying to save our own lives when threatened with unjust aggression, and (2) that Kant's understanding of moral duty was that duties are symmetrical , such that if one has a duty to perform a given action on one's own behalf or to protect one's own rational nature, then one also has a duty to perform similar acts on other's behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self-defense.

Ockham appeared to maintain that God necessarily knows all true propositions, including future contingent propositions, despite the fact that such propositions have determinate truth values. While some commentators believe that Ockham’s attempt to reconcile divine omniscience with the contingency of true future propositions amounts to little more than a simple-minded assertion of Ockham’s Christian faith, I argue that Ockham’s position is more sophisticated than this and rests on attributing to God a dual knowledge property: God not only knows every true proposition, but knows its modal properties as well. Future contingent propositions are determinately true when actualized, not timelessly, and God’s knowledge of their truth values is knowledge of when the truth value of a proposition is actually determined.

Preface Introduction PART I 1 Kant’s pursuit of the Supreme Principle of Morality 2 The Categorical Imperative and the Kantian theory of value, part I 3 The Categorical Imperative and the Kantian theory of value, part II 4 Dignity 5 Freedom, reason, and the possibility of the Categorical Imperative PART II 6 Objections to the Formula of Universal Law 7 Three problems in Kant’s practical ethics 8 Reason and sentiment: Kantian ethics in a good human life Conclusion Index

In “On duties to oneself,” Marcus G. Singer argued that, contrary to long established philosophical tradition, there are no duties to oneself. Singer observes that to have a duty is to be accountable to someone for that duty’s fulfillment, and while she to whom a duty is owed may release the person who has the duty from being bound to fulfill it, the latter cannot release herself from the duty. For releasing oneself from a duty is no different from simply opting not to fulfill it, which would make the duty no more than a mere option and rob it of its categorical character. Singer thus argues that (a) A has a duty against herself; (b) if A has a duty against herself, then A is accountable to herself for the duty’s performance; (c) if A has a duty against herself, A can release herself from the duty; and (d) because a person is accountable to the individual owed the duty for its fulfillment, no one can release herself from an obligation, form an inconsistent set

Though Kant calls the prohibition against suicide the first duty of human beings to themselves, his arguments for this duty lack his characteristic rigor and systematicity. The lack of a single authoritative Kantian approach to suicide casts doubt on what is generally regarded as an extreme and implausible position, to wit, that not only is suicide wrong in every circumstance, but is among the gravest moral wrongs. Here I try to remedy this lack of systematicity in order to show that Kant's position on suicide is more appealing and credible than it seems at first glance. Kant in fact offers three distinct lines of argument against suicide. The first, the chief argument in his Lectures on Ethics, holds that suicide violates the divine will, for in willing our own deaths we usurp God's right to determine the duration of our existence; as God's property, we are not entitled to end our own lives willfully. The second, rooted in the Groundwork, holds that suicide is incompatible with a system of willed ends conceived analogously with a system of nature, so a maxim to commit suicide cannot be coherently willed as a universal practical principle. The third argument, drawn from the Metaphysics of Morals, holds that because suicide obliterates the rational will from the world, and as the rational will is the source of moral worth, suicide cannot be consistently willed by beings subject to moral requirements. To authorize oneself to take one's own life, Kant claims, is to attempt 'to withdraw from all obligation.' We cannot, under the color of morality, seek to cancel the will that authorizes all obligation in the first place. This third argument is demonstrably superior to the other two in being both more philosophically plausible in its own right and more Kantian in flavor.

Grief is our emotional response to the deaths of intimates, and so like many other emotional conditions, it can be appraised in terms of its rationality. A philosophical account of grief's rationality should satisfy a contingency constraint, wherein grief is neither intrinsically rational nor intrinsically irrational. Here I provide an account of grief and its rationality that satisfies this constraint, while also being faithful to the phenomenology of grief experience. I begin by arguing against the best known account of grief's rationality, Gustafson's strategic or forward-looking account, according to which the practical rationality of grief depends on the internal coherence of the component attitudes that explain the behaviors caused by grief, and more exactly, on how these attitudes enable the individual to realize states of affairs that she desires. While I do not deny that episodes of grief can be appraised in terms of their strategic rationality, I deny that strategic rationality is the essential or fundamental basis on which grief's rationality should be appraised. In contrast, the heart of grief's rationality is backward-looking. That is, what primarily makes an episode of grief rational qua grief is the fittingness of the attitudes individuals take toward the experience of a lost relationship, attitudes which in turn generate the desires and behaviors that constitute bereavement. Grief thus derives its essential rationality from the objects it responds to, not from the attitudes causally downstream from that response, and is necessarily irrational when the behaviors that constitute an individual's grieving are inappropriate to the object of that grief. So while the strategic rationality of an episode of grief contributes to whether it is on the whole rational, no episode of grief can be rational unless the actions that constitute grieving accurately gauge the change in a person's normative situation wrought by the loss of her relationship with the deceased.

Christine Korsgaard has argued recently that the thesis that reasons are "essentially public" undermines the distinction between agent-neutral and agent-relative reasons, thus refuting egoism by rejecting its commitment to the universal availability of agent-relative reasons. I conclude that Korsgaard's invocation of the essential publicity of reasons trades on ambiguities concerning the "sharing" of reasons and so does not refute egoism and does not ground moral normativity. Her account of the publicity of reasons shows that solipsism is incoherent, but the egoist need not be a solipsist, nor is she an incompetent user of moral language or the language of reasons.

The traditional debate about moral dilemmas concerns whether there are circumstances in which an agent is subject to two obligations that cannot both be fulfilled. Realists maintain there are. Irrealists deny this. Here I defend an alternative, methodologically-oriented position wherein the denial of genuine moral dilemmas functions as a regulative ideal for moral deliberation and practice. That is, moral inquiry and deliberation operate on the implicit assumption that there are no genuine moral dilemmas. This view is superior to both realism and irrealism in accounting for moral residue and other crucial phenomenological dimensions of our experience of moral dilemmas.

Legal statutes prohibiting felons from voting result in nearly 4 million Americans, disproportionately African-American and male, being unable to vote. These felony disenfranchisement (FD) statutes have a long history and apparently enjoy broad public support. Here I argue that despite the popularity and extensive history of these laws, denying felons the right to vote is an unjust form of punishment in a democratic state. FD serves none of the recognized purposes of punishment and may even exacerbate crime. My strategy is not to argue for this conclusion directly. Rather, I consider seven arguments for the moral legitimacy of FD, each of which will be found lacking. My emphasis falls not on the legal or constitutional questions associated with FD, but with its moral justification within a broadly liberal political framework. These arguments draw upon a variety of philosophical outlooks; three justify FD by appealing to justice or desert, three others justify FD based on its allegedly beneficial social consequences, and a final argument is a hybrid of both sorts of considerations. Not only do all these arguments fail, but eliminating FD could have salutary effects on our present climate of political discourse.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.