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Clapham Omnibus's avatar

Hi Professor, in the last section you began discussing moral absolutes and your skepticism about the presence of absolute moral duties. To illustrate, you pointed out that while promissory morality dictates that I should ordinarily keep my promise to pick my friend up, such a duty is overtopped by my duty to help someone in dire need.

If we assume that the promissory duty I owe to my friend was not absolute, in the sense that it can be defeated simply by the presence of another competing duty of higher stringency, then when I am inevitably late to pick him up from the airport, I do not owe him any corrective duties for my tardiness. That is, I will not need to apologise and/or explain my lateness, I can simply pick him up late and pretend that I did not breach my duty to pick him up at a previously agreed-upon time.

Indeed, on this view, we can say that, in presence of a more stringent duty, the duty to keep my promise to my friend has simply vanished. But surely that isn’t the case. Surely, I cannot be nonchalant about my lateness despite my inability to comply with my initial duty. Surely, I owe my friend secondary, corrective duties in lieu of my breach of my primary duties, even if said breach was justified. To be sure, the fact that my duties are absolute even though their fulfilment is impossible has corollaries in everyday experience. Before the advent of DNA testing, a judge, who was free from bias, sentenced on the strength of the available evidence Person A to prison. With the advent of DNA evidence, Person A is exonerated as his DNA did not match the criminal’s DNA left at the scene of the crime. Now, on the strength of the evidence, the judge had performed his duties impeccably. He could not possibly have known that A was innocent since all the evidence pointed to A. Further, it was impossible, given the lack of technological advancement when the case was decided, for the judge to have known that A was innocent. If the judiciary’s duty to ensure that only actually guilty individuals are punished were not absolute, then A would not be able to claim damages for his wrongful conviction. But it is precisely because judges are under such an absolute duty that the wrongfully convicted can be compensated for their wrongful convictions.

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