Middle Theory, Inner Freedom, and Moral Health

In her influential book, The Practice of Moral Judgment, Barbara Herman argues that Kantian ethics requires a “middle theory” applying formal rational constraints on willing to the particular circumstances and nature of human existence. I claim that a promising beginning to such a theory can be found in Kant’s discussion of duties of virtue in The Metaphysics of Morals. I argue that Kant’s distinction between perfect and imperfect duties of virtue should be understood as a distinction between duties concerned with respect for necessary conditions of moral health and moral prosperity in sensibly affected human agents who realize their moral nature only through the development and continuing exercise of inner freedom. Thus understood, perfect duties prohibiting self-deception, miserly avarice, and humility are oriented around concerns with the conditions of rational self-constraint in human agents and are contrasted with imperfect duties requiring the development of our talents and the perfection of our moral disposition concerned with the effective exercise of this kind of inner freedom in choice and action. Generalizing this account, I claim that it allows us to accommodate the range of duties that Kant discusses here including perfect duties owed to others prohibiting arrogance, defamation, and ridicule and imperfect duties enjoining gratitude and beneficence and suggests a much more subtle and promising account of moral duty than those typically associated with Kant’s view

Balancing commitments: Own-happiness and beneficence

There is a familiar problem in moral theories that recognize positive obligations to help others related to the practical room these obligations leave for ordinary life, and the risk that open-ended obligations to help others will consume our lives and resources. Responding to this problem, Kantians have tended to emphasize the idea of limits on positive obligations but are typically unsatisfactorily vague about the nature and extent of these limits. I argue here that aspects of Kant’s discussion of duties of virtue owed to ourselves suggest a useful metric we can use in discussing these limits and that generalizing this account and combining it with elements of Barbara Herman’s view, offers us an attractive model of moral deliberation with the resources we need to engage the critic’s challenge properly

Abortion, Persons, and Futures of Value

Don Marquis argues that his “future of value” account of the ethics of killing affords us a persuasive argument against abortion that avoids difficult questions about the moral status of the fetus. I argue that Marquis’ account is missing essential detail required for the claimed plausibility of the argument and that any attempt to provide this needed detail can be expected to undercut the claim of plausibility. I argue that this is the case because attempts to provide the missing detail are tantamount to accounts of moral status of the sort Marquis claims to avoid and can therefore be expected to have all the familiar problems of such accounts. Finally, I consider the standard problem infanticide poses for a familiar model of personhood and argue that Marquis’ use of this objection as ablanket criticism of personhood accounts is superficial

Ergodic theory with applications to systems of differential equations

M.S.F. W. Stallar

Norms of Truthfulness and Non-Deception in Kantian Ethics

Questions about the morality of lying tend to be decided in a distinctive way early in discussions of Kant’s view on the basis of readings of the false promising example in his Groundwork of The metaphysics of morals. The standard deception-as-interference model that emerges typically yields a very general and strong presumption against deception associated with a narrow and rigorous model subject to a range of problems. In this paper, I suggest an alternative account based on Kant’s discussion of self-deception in the Metaphysics of Morals. I argue that we make the concern with respect for our capacity for inner freedom seen in the case of self-deception the model for deception in general. Focusing on the case of paternalistic lying, I claim that this approach yields a subtle and integrated account that promises the kind of resources we need if we are to be able to make headway with hard cases where deception may seem permissible

Murder and Violence in Kantian Ethics

Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and her response to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one

Moral Deliberation and Desire Development: Herman on Alienation

In Chapter 9 of The Practice of Moral Judgment and her later article Making Room for Character, Barbara Herman offers a distinctive response to a familiar set of concerns with the room left for character and personal relationships in Kantian ethics. She begins by acknowledging the shortcomings of her previous response on this issue and by distancing herself from a standard kind of indirect argument for the importance of personal commitments according to which these have moral weight in virtue of their connection with the psychological health of individuals. Agreeing with an imagined critic’s concern that Kantian ethics must do more than merely tolerate motives of connection, she proposes that we adopt a deliberative field account of practical deliberation incorporating a developmental model of desire formation. I argue that, while this is a subtle and interesting account of desire development, it is not one that will satisfy the critic and should not satisfy the Kantian. I claim that the Kantian cannot forgo instrumental arguments for the importance of personal relationships and commitments and that they should not be shy of endorsing these arguments

Insurance—Consequences of Erroneous Filing of an SR-21 Form

In recent years a large majority of state legislatures have enacted Motor Vehicle Safety and Financial Responsibility Laws. In general, this legislation requires both the owner and operator of a vehicle involved in an accident, where the property damage is over $100 or where there is a personal injury, to file some type of security with the commissioner of insurance. If the operator or owner has automobile liability insurance, the insurer is required to file a notice of the coverage with the commissioner. If the insurer does not file this form, known as an SR-21, within a specified time, both the operator’s license and the owner’s registration are revoked. The specific problem here is whether the insurer who files such a notice admitting coverage as to a certain accident, becomes liable on such policy even though it would not have been liable had it not filed the form. In nearly all automobile liability policies there is a clause limiting coverage to the named insured and anyone who has his permission to drive the vehicle. I. Problems of Interpretation II. A Possible Solution III. Application to Nebrask