This article addresses the following meta-ethical question: do moral values have a special position among other values? According to Robert Adams, moral values do have a special position and are of overriding importance. I argue that the "overridingness" thesis is inconsistent with Adams’s value theory that only God has value in himself and all other things are valuable to the extent that they resemble God. I consider some possible ways of integrating the overridingness thesis that are latent in Adams’s work (...) and argue that none succeeds. My main contribution is to propose a solution to the inconsistency in Adams’s theory. I argue that a theological account of beauty gives us reason to reject the overridingness thesis. Morality overrides some other concerns, but not all other concerns. (shrink)

Immanuel Kant is often viewed by educational theorists as an individualist, who put education on “an individual track,” paving the way for political liberal conceptions of education such as that of John Rawls. One can easily find evidence for such a view, in “Answer to the Question: ‘What is Enlightenment?’,” as well as in his more metaphysical, moral inquiries. However, the place of reason in Kant’s philosophy––what I call the “autonomy of reason”––spells out a negative rather than positive conception of (...) freedom, from which stems a less individualistic or political liberal education than many presume. I cite both well known and lesser known works in the essay to demonstrate that Kant defended universal freedom only as a means towards developing the “autonomy of reason”, and I consider comparatively the education it entails with that spelled out by Rawls, despite the common conflation of the two. (shrink)

Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species of gift. Control over trust property passes from the hands of settlors to beneficiaries, from owners to owners. Trust property, like all other property, is silent and passive, its fate determined by its owners. This article questions this understanding of the trust by showing how beneath the facade of ownership, the trust inverts the relation between owner and owned, person and thing. It analyses (...) the relation that trustees, beneficiaries and settlors have to the trust property and argues that the role of each of these parties can be shown to consist in furthering the interests of the trust property rather than their own. It claims that this protects things from their owners at the same time as it ensures these owners’ ongoing care towards the things they own. This raises questions about the trust’s status within the institution of private property, justified as it is by the human autonomy it is said to enable. (shrink)

This essay, and the special issue it introduces, sets out to reignite ethical interrogations of the theory and practice of Human Resource Management (HRM). To cultivate greater levels of boundary-spanning debate about the ethics of HRM, we develop a framework of four tenors for scholarly work: the ethical-declarative, the ethical-subjunctive, the ethical-ethnographic, the ethical-systemic. Each of these tenors denotes particular grounds for ethical critique and encourages scholars to consider the subjects and objects of their enquiry, the disciplinary scope of their (...) work and the limits to subsequent claims about ethics and HRM. We provisionally locate each of the papers comprising the special issue with regard to one, or more, of these tenors. (shrink)

In this study I provide a thematic comparison of Søren Kierkegaard’s Fear and Trembling and Immanuel Kant’s Groundwork of the Metaphysics of Morals to suggest that the representation of the ethical in Fear and Trembling is transparently Kantian. At times I draw on Kant’s Religion Within the Boundaries of Mere Reason, Conflict of the Faculties, and The Metaphysics of Morals to offer a comprehensive account of Kant’s ethical theory. Both philosophers hold profoundly important positions within the milieu of ethics, however (...) they have always shared a tenuous and at times negative relationship. In this study, I challenge such commentators by showing that when the figure of Abraham is taken typologically and excluded from the text, what emerges from Fear and Trembling is a Kantian based ethics. I argue that a comparative reading of Kant’s Groundwork and Kierkegaard’s Fear and Trembling reveals that Kierkegaard’s thought gravitates towards three central principles of Kant’s categorical imperative, as well sharing some similarities with Kant’s understanding of duty. (shrink)

Academic freedom is often regarded as an absolute value of higher education institutions. Traditionally, its value is related to such topics as tenure, and the need for academic work to be free from undue political influence and other pressures that can challenge time-consuming research processes. However, when an analysis of student freedom begins with arguments about free research and free speech, undergirded as they generally are by liberal political philosophy, other considerations, related to broader views of freedom, can slip through (...) the cracks. In this essay, I want to take a step back from typical discussions of academic freedom, to take a broader perspective, before considering how freedom relates to student experience. The first part of this essay explores diverse elaborations and defences of freedom: How it is upheld in the liberal philosophy of Kant, the critical pedagogy of Freire, existentialism, and the capabilities approach to development. Exploring the often contrasting insights and implications of these views, I then connect relevant theoretical understandings derived from them to an exploration of the experience of freedom and of students. This essay thus considers how student freedom, and student academic freedom, are more precarious concepts than typically assumed. (shrink)

Lying is a common phenomenon amongst human beings. It seems to play a role in making social interactions run more smoothly. Too much honesty can be regarded as impolite or downright rude. Remarkably, lying is not a common phenomenon amongst normally intelligent human beings who are on the autism spectrum. They appear to be ‘attractively morally innocent’ and seem to have an above average moral conscientious objection against deception. In this paper, the behavior of persons with autism with regard to (...) deception and truthfulness will be discussed in the light of two different ethical theories, illustrated by fragments from autobiographies of persons with autism. A systemizing ‘Kantian’ and an empathizing ‘ethics of care’ perspective reveal insights on high-functioning autism, truthfulness and moral behavior. Both perspectives are problematic from the point of view of a moral agent with autism. High-functioning persons with autism are, generally speaking, strong systemizes and weak empathizers. Particularly, they lack ‘cognitive empathy’ which would allow them to understand the position of the other person. Instead, some tend to invent a set of rules that makes their behavior compatible with the expectations of others. From a Kantian point of view, the autistic tendency to always tell the truth appears praiseworthy and should not be changed, though it creates problems in the social life of persons with autism. From a care ethics perspective, on the other hand, a way should be found to allow the high-functioning persons with autism to respect the feelings and needs of other persons as sometimes overruling the duty of truthfulness. We suggest this may even entail ‘morally educating’ children and adolescents with autism to become socially skilled empathic ‘liars’. (shrink)

The love that we feel for our friends plays an essential role in both our moral motivation to act towards them; and in our moral obligations towards them, that is, in our special duties. We articulate our proposal as a reply to Stephen Darwall’s second-person proposal, which we take to be a contemporary representative of the Kantian view. According to this view, love does not have a necessary role neither in moral motivation, nor in moral obligation; just a complementary one. (...) Yet this proposal faces three difficulties: a psychological problem, a practical problem, and a theoretical problem. In contrast, we argue that both moral motivation, and moral obligations emerge from our interpersonal relations with particular others. We further argue that obligations in the context of friendship are moral because they come with a feeling of obligation and have been internalized. Thus, the three problems raised to the Kantian position are clarified, and the role of love is emphasized in both our moral motivation, and our moral obligations towards friends. (shrink)

Abstract Six apparent features of Kant's conception of autonomy appear to differentiate it sharply from anything that we can find in an Aristotelian conception of will and practical reason. (1) Autonomy requires a role for practical reason independent of its instrumental role in relation to non-rational desires. (2) This role belongs to the rational will. (3) This role consists in the rational will's being guided by its own law. (4) This guidance by the law of the will itself requires acts (...) of legislation?the making of laws?for oneself. (5) These acts of legislation constitute the law as one's own law, as moral constructivists hold. (6) Kant marks this character of the rational will by using ?autonomy? and cognates. These six apparent features, however, do not mark any discontinuity between Kant and an Aristotelian conception. The first three apparent features are genuinely Kantian, but are not aspects of discontinuity, whereas the last three mark aspects of discontinuity, but are not genuinely Kantian. (shrink)

Constitutional liberal practices are capable of being normatively grounded by a number of different metaphysical positions. Kant provides one such grounding, in terms of the autonomously derived moral law. I argue that the work of Edmund Burke provides a resource for an alternative construal of constitutional liberalism, compatible with, and illumined by, a broadly Thomistic natural law worldview. I contrast Burke's treatment of the relationship between truth and cognition, prudence and rights, with that of his contemporary, Kant. We find that (...) in each case where Kant's system is constructed from the first principle of autonomy, Burke's thought is oriented toward an end that is not of our making. Readings of Burke as a natural law thinker are currently out of fashion among Burke commentators; without relying, for the main thesis, on historical claims about Burke's "Thomism," I nonetheless explore and challenge some of the assumptions that underlie the current orthodoxy. (shrink)

Responsible research and innovation (RRI) is a governance framework promoted by influential policy makers such as the European Commission and academics from the fields of science and technology studies and management. This book is the first text to serve industry. Inspired by existing Corporate Responsibility standards and principles, it offers a selection of tools that can assist practitioners in implementing RRI in business and industry. -/- Responsible Research and Innovation (RRI) is integrative. It is a convergence of Technology Assessment (TA) (...) and Ethics, including corporate responsibility. The task of linking RRI to existing frameworks has only just begun. This book is a welcome example, showing how Corporate Responsibility tools can drive the implementation of RRI. Prof. Armin Grunwald, Head of the Office of Technology Assessment at the German Bundestag and Head of the Institute for Technology Assessment and Systems Analysis, Karlsruhe Institute of Technology, Germany. -/- This is a simple, short, yet encyclopaedic work designed to help business implement RRI using the many tools of Corporate Responsibility (CR) already in place, everything from ISO9001 to the Ceres Roadmap for Sustainability. It makes clear the ways in which RRI is an extension of ideas already well-developed in CR. I learned a lot reading it. Prof. Michael Davis, Senior Fellow, Center for the Study of Ethics in the Professions, Illinois Institute of Technology, USA. (shrink)

This article defends the use of fanciful examples within the method of wide reflective equilibrium. First, it characterizes the general persuasive role of described cases within that method. Second, it suggests three criteria any example must meet in order to succeed in this persuasive role; fancifulness has little or nothing to do with whether an example is able to meet these criteria. Third, it discusses several general objections to fanciful examples and concludes that they are objections to the abuse of (...) described cases; they identify no special problem with fanciful examples. (shrink)

I consider the problem of political pluralism for political liberalism: that not everybody agrees on fundamental political principles. I critically examine three defenses of liberal principles in situations of political pluralism—the realist defense, the pragmatic defense, and Gerald Gaus’ “justificatory liberalism”—all of which I find wanting. Instead, I propose a dialectical approach to justifying political liberalism. A dialectical approach is based on engaging contradictory positions through conceptual investigation of key concepts claimed by both sides. Through such dialectical engagement, I seek (...) a way to deal with contradictions between liberal and non-liberal philosophies as conceptual issues, rather than as antagonisms beyond reason. The ambition is to contribute to a more robust liberalism capable of defending itself in contexts of political pluralism. As an example, I apply this dialectical approach to the disagreement between political Islam and political liberalism on t... (shrink)

Since the development of assisted reproductive technologies, infertile individuals have crossed borders to obtain treatments unavailable or unaffordable in their own country. Recent media coverage has focused on the outsourcing of surrogacy to developing countries, where the cost for surrogacy is significantly less than the equivalent cost in a more developed country. This paper discusses the ethical arguments against international surrogacy. The major opposition viewpoints can be broadly divided into arguments about welfare, commodification and exploitation. It is argued that the (...) only valid objection to international surrogacy is that surrogate mothers may be exploited by being given too little compensation. However, the possibility of exploitation is a weak argument for prohibition, as employment alternatives for potential surrogate mothers may be more exploitative or more harmful than surrogacy. It is concluded that international surrogacy must be regulated, and the proposed regulatory mechanism is termed Fair Trade Surrogacy. The guidelines of Fair Trade Surrogacy focus on minimizing potential harms to all parties and ensuring fair compensation for surrogate mothers. (shrink)

This essay examines the function of the concept of human dignity (both as an inherent feature of human existence and as an ideal achievement) in the United Nations's 1948 Universal Declaration of Human Rights. It explains why the key framers of the document affirmed an inherent human dignity in order to provide an explanatory basis for the validity of universal human rights while eschewing any religious or metaphysical justification for this affirmation. It argues that the key framers, while aware of (...) the Christian anthropology informing the modern Western concept of the dignity of the person, grasped (1) that the Declaration, to be ratifiable, would need to be free of religious reference, and also (2) that the notion of inherency suffices to suggest heuristically not only a universal human nature but also, crucially, a transcendent reality in which all persons participate. (shrink)

This article argues that the concept of evil is needed in normative ethics in general as well as in the professional ethics of social work. Attention is drawn to certain shortcomings in the classical theories of normative ethics when it comes to recognizing the profound destructiveness of certain types of acts that exceed the mere ?bad? or ?wrong? applied in the most common theories of moral philosophy. Having established the category of morally evil acts in general, the author turns to (...) the field of social work and applies it to some paradigm cases of evil that many social workers are likely to be confronted with during the course of their service. In the final part of the article, the concept of moral evil is discussed in relation to the professional ethics of social work in general, with reference to certain value assumptions that are found to be inherent to social work. (shrink)

Means-based harms are frequently seen as forbidden, even when they lead to a greater good. But, are there mitigating factors? Results from five experiments show that judgments about means-based harms are modulated by: 1) Pareto considerations (was the harmed person made worse off?), 2) the directness of physical contact, and 3) the source of the threat (e.g. mechanical, human, or natural). Pareto harms are more permissible than non-Pareto harms, Pareto harms requiring direct physical contact are less permissible than those that (...) do not, and harming someone who faces a mechanical threat is less permissible than harming someone who faces a non-mechanical threat. These results provide insight into the rich representational structure underlying folk-moral computations, including both the independent and interacting roles of the inevitability, directness and source of harm. (shrink)

John Harris recently argues that the moral bioenhancement proposed by Persson and Savulescu can damage moral agency by depriving the recipients of their freedom to fall (freedom to make wrongful choices) and therefore should not be pursued. The link Harris makes between moral agency and the freedom to fall, however, implies that all forms of moral enhancement, including moral education, that aim to make the enhancement recipients less likely to “fall” are detrimental to moral agency. In this paper, I present (...) a new moral agency-based critique against the moral bioenhancement program envisaged by Persson and Savulescu. I argue that the irresistible influences exerted by the bioenhancement program harms our capabilities for conducting accurate self-reflection and forming decisions that truly express our will, which subsequently undermine our moral agency. (shrink)

Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of punishment should (...) be commensurate to the preceding criminal message, so that the offender can face up to the nature and significance of his crime. All murders are not the same. To measure up to the most evil and humanity-degrading murderous message, capital punishment should be the counter-message. Next, I argue that capital punishment does not necessarily violate human dignity. The death penalty and torture may both disrupt human dignity, yet in distinct ways. The death penalty terminates life, the vessel that holds together autonomy, while torture directly assaults autonomy. Torture is never permissible as a form of punishment. But death penalty, when used only on the extravagant evildoers, is justifiable, as life is thoroughly degraded by his own evil act. Further, I argue that mercy is integral to communicative retributivists’ theory of capital punishment. (shrink)

ABSTRACTThis article explores how Charles Taylor’s account of moral personhood and Luc Boltanski and Laurent Thévenot’s account of justificatory regimes can add breadth, depth, and specificity to discussions of ethical dilemmas in public relations. These frameworks are analyzed for their potential to make the following contributions to public relations ethics. First, they convey that there is more to ethics than choosing the right duties and actions. Second, they reveal the diversity of goods that people consider to be ethically worthy and (...) admirable, as well as the complex personal issues involved in ranking these goods. Third, they emphasize that these different goods often need to be articulated and evaluated in different ways. Last, they can either point toward new ways of resolving ethical dilemmas or show why such resolutions are not possible. (shrink)

Kant described the state as a ‘moral person’, and did so when dealing with international relations. For all the interest in his contribution to the theory of global politics, the locution according to which Kant characterized the state has received very little attention. When notice has been taken of it, the moral personality of the state has moved arguments in opposing directions. On one recent reading, when Kant called the state a moral person he intended to indicate that it possessed (...) certain duties to itself and to others, for the sake of which it could be coerced to leave the international state of nature. On another, the juridical compulsion of states to join a state of nations or world republic is categorically ruled out because this would impair their moral personality. Both cannot be right. In this article, I analyse Kant’s notion of moral personhood, contextualizing it within his wider philosophical concerns. On the basis of this groundwork I put forward an argument about Kant’s theory of the moral person of the state which allows me to show how he in fact was able coherently to incorporate two seemingly contradictory arguments about the state as an international actor in a single argument, and present this as my solution to what I call the Perpetual Peace Puzzle. (shrink)

This paper analyzes the varying conceptions of ethics underpinning the accounts of community in Blanchot, Nancy, and Esposito. A focus on ethics brings into relief points of divergence amongst accounts of community that otherwise overlap and share in many significant ways. Furthermore, it provides a basis to better assess Esposito's contribution. I focus on the concepts of difference and transcendence and the figure of the lovers, a shared topos in Nancy and Blanchot, to demonstrate these subtle variations. In turning to (...) Esposito, Kantian-inflected notions of duty, obligation, and law shape a community where others recede into the background and the lovers lose their visibility. I suggest that Esposito's focus on duty has consequences that give cause for further reflection. The law renders each of us other, but in its universality it risks losing a sense of the exceptional. Relying etymologically on the notion of duty as that which, following his reading of Kant, undermines the subject and renders possible the impossible community, grounds the Communitas in a law that risks congealing the meaning of community around this impossible obligation. (shrink)

I argue that free will is a nominal construct developed and deployed post hoc in an effort to provide cohesive narratives in support of a priori moral-judgmental dispositions. In a reversal of traditional course, I defend the view that there are no circumstances under which attributions of moral responsibility for an act can, should, or do depend on prior ascriptions of free will. Conversely, I claim that free will belief depends entirely on the apperceived possibility of moral responsibility. Orthodoxy dictates (...) an agency-first thesis, according to which free will is necessarily antecedent to moral responsibility. However, I present a number of arguments against this view, and in favor of an agency-last stance, according to which the concept of free will is dependent upon that of moral responsibility. I provide further support for my case in the form of new empirical evidence regarding the stable mode of inference used to attribute free will across moral contexts. These experimental results can be interpreted to imply the deflation of one of the longest-standing veridical paradoxes in experimental philosophy. Furthermore, the sole conceptual scheme found to be capable of modeling the experimental results is also capable of illuminating several classic works in the analytic philosophy of moral agency. (shrink)

The view that acting morally is ultimately a question of treating others with respect has had a profound influence on moral and legal philosophy. Not surprisingly, then, some scholars forcefully argue that the modes of punishment that the states mete out to offenders should not be disrespectful, and, furthermore, it has been argued that obliging offenders to receive neurological treatment is incompatible with showing them their due respect. In this paper, I examine three contemporary accounts of what showing respect for (...) offenders in our sentencing practices would amount to: that it involves not interfering with offenders’ capacities for rationality and autonomy, that it should not undermine offenders’ prospect of reform, and that it amounts to treating offenders as if opaque. I then critically discuss whether any of these accounts plausibly imply that mandating neurointerventions to some offenders is necessarily morally wrong. I argue that they do not. (shrink)

The concept of experience by John Dewey revisited: conceiving, feeling and “enliving”. Dewey takes a few steps towards a differentiation of the concept of experience, such as the distinction between primary and secondary experience, or between ordinary (partial, raw, primitive) experience and complete, aesthetic experience. However, he does not provide a systematic elaboration of these distinctions. In the present text, a differentiation of Dewey’s concept of experience is proposed in terms of feeling, “enliving” (a neologism proposed in this paper) and (...) conceiving. Feeling refers to the basic mode of experience where action, emotion, cognition and communication constitute an original unity. Enliving, aesthetic experience, constitutes the lifeworld, as a person-in-world experience. Even though enliving is holistic and relational, a certain distance emerges between action, emotion and cognition which allows contemplation and choice. Conceiving, on the other hand, refers to the isolating and abstracting understanding of the world with even greater distance between action, emotion and cognition. Such a differentiation provides a clearer understanding of the scope of education. It avoids the risks of regressive tendencies in the concept of experience, and it helps to include conceiving within the realm of experience. (shrink)

In this paper, I offer one moral reason to eschew antidepressant medication in favor of cognitive therapy, all other things being equal: taking antidepressants can be a form of self-objectification. This means that, by taking antidepressants, one treats oneself, in some sense and some cases, like a mere object. I contend that, morally, this amounts to a specific form of devaluing oneself. I argue this as follows. First, I offer a detailed definition of “objectification” and argue for the possibility of (...) self-objectification on this definition. I then explain why this form of self-objectification is morally problematic. (Morally problematic does not mean morally impermissible. It means, instead, that there is a moral reason opposing the activity in question). After, I describe how taking antidepressants can count as self-objectifying. Finally, I defend my thesis against a key objection offered by Levy. Thus, assuming that antidepressants and cognitive therapy are equally efficacious, and that all other things are equal, the self-objectifying character of antidepressants is a compelling reason to regard cognitive therapy as a first-choice treatment for depression. (shrink)

The scale and severity of the alterations to global ecologies should not simply be noted or acknowledged by communication scholars but rather should drive communication ethicists to carefully examine the values and communication practices that have enabled and promoted this kind of unchecked growth. At minimum, I argue, we ought to carefully examine this social trajectory to determine whether more growth at the current rate of speed should continue to be a goal of modern society and at what costs. Specifically, (...) as scholars of moral communication we should feel concerned with whether a moral transgression is associated with this type of rapid growth. (shrink)

James Pattison's argument for the assignment of a duty of humanitarian intervention is interesting and offers a new perspective in the humanitarian intervention debate. However, Pattison's argument suffers from three main problems, each increasingly serious: his definition of success is vague and raises questions about the content of a duty of humanitarian intervention; his consequentialist foundation raises problems of prospective and retrospective judgment; and his intentional omission of the distinction between perfect and imperfect duties leads to conceptual difficulties.

Many morally significant outcomes can be brought about only if several individuals contribute to them. However, individual contributions to collective outcomes often fail to have morally significant effects on their own. Some have concluded from this that it is permissible to do nothing. What I call ‘the problem of insignificant hands’ is the challenge of determining whether and when people are obligated to contribute. For this to be the case, I argue, the prospect of helping to bring about the outcome (...) has to be good enough. Furthermore, the individual must be in a position to increase the probability of its being brought about to an appropriate extent. Finally, I argue that when too few are willing to contribute, people may have a duty to increase their number. Thus, someone can be obligated to contribute or to get others to contribute. This prospect account is consistent with Kantianism, contractualism and rule consequentialism but inconsistent with act consequentialism. (shrink)

Many morally significant outcomes can be brought about only if several individuals contribute to them. However, individual contributions to collective outcomes often fail to have morally significant effects on their own. Some have concluded from this that it is permissible to do nothing. What I call ‘the problem of insignificant hands’ is the challenge of determining whether and when people are obligated to contribute. For this to be the case, I argue, the prospect of helping to bring about the outcome (...) has to be good enough. Furthermore, the individual must be in a position to increase the probability of its being brought about to an appropriate extent. Finally, I argue that when too few are willing to contribute, people may have a duty to increase their number. Thus, someone can be obligated to contribute or to get others to contribute. This prospect account is consistent with Kantianism, contractualism and rule consequentialism but inconsistent with act consequentialism. (shrink)

Rüdiger Bittner surveys with a skeptical eye classic and contemporary ideas of Kantian autonomy. He allows that we can be more or less free in a modest (quasi-Hobbesian) sense and that many people may want more of this freedom from impediments that make it difficult or impossible to do various things. He argues, however, that high-minded general affirmations of human freedom are unfounded and not likely to retain their grip on our thinking. While acknowledging the value of Bittner’s challenges, I (...) raise questions about Bittner’s dismissal of ideas of freedom apparently imbedded in ordinary language and his critique of the idea of autonomy in Kant’s ethics and broadly Kantian theories. A key issue is how to make sense of the claim that a moral law can be a law and yet also self-imposed. Given certain background assumptions about Kant’s conception of autonomy of the will, the key claim requires different interpretations when it concerns the supreme moral law (the Categorical Imperative) and when it concerns more specific moral laws (for example, derivative principles in Kant’s Doctrine of Virtue). Bittner’s challenges are valuable because they require us to work out and articulate more carefully what we mean by autonomy and why it is important. As Bittner says, Kant’s idea of autonomy is not the same as the ideas of autonomy that appear in medicine, politics, and everyday life. Nevertheless, those who care about either have some reason to think about how these are connected. (shrink)

Rüdiger Bittner surveys with a skeptical eye classic and contemporary ideas of Kantian autonomy. He allows that we can be more or less free in a modest (quasi-Hobbesian) sense and that many people may want more of this freedom from impediments that make it difficult or impossible to do various things. He argues, however, that high-minded general affirmations of human freedom are unfounded and not likely to retain their grip on our thinking. While acknowledging the value of Bittner’s challenges, I (...) raise questions about Bittner’s dismissal of ideas of freedom apparently imbedded in ordinary language and his critique of the idea of autonomy in Kant’s ethics and broadly Kantian theories. A key issue is how to make sense of the claim that a moral law can be a law and yet also self-imposed. Given certain background assumptions about Kant’s conception of autonomy of the will, the key claim requires different interpretations when it concerns the supreme moral law (the Categorical Imperative) and when it concerns more specific moral laws (for example, derivative principles in Kant’s Doctrine of Virtue). Bittner’s challenges are valuable because they require us to work out and articulate more carefully what we mean by autonomy and why it is important. As Bittner says, Kant’s idea of autonomy is not the same as the ideas of autonomy that appear in medicine, politics, and everyday life. Nevertheless, those who care about either have some reason to think about how these are connected. (shrink)

Immanuel Kants Metaphysische Anfangsgründe der Rechtslehre, 1797 als erster Teil der Metaphysik der Sitten erschienen, stellen einen Beitrag zur neuzeitlichen Rechts- und Staatsphilosophie dar. Hinsichtlich der normativen Prinzipien von Recht und Staat entwickelt Kant eine erfahrungsunabhängige, insofern metaphysische Theorie. Sie beginnt mit einem angeborenen und unveräußerlichen Menschenrecht und geht dann zu den Institutionen des Eigentums und des Rechtsstaates über. Besonders aktuell ist die Formulierung eines rechts- und friedensfunktionalen Völkerrechts und eines Weltbürgerrechts. Darüber hinaus behandelt Kant auch das Ehe und Familienrecht, (...) das Verhältnis von Staat und Kirche und das Straf- und Begnadigungsrecht. Durch den thematischen Reichtum und die begriffliche Genauigkeit, vor allem jedoch durch die Radikalität seiner Fragen und die Originalität der Antworten ist Kants Rechtsdenken bis heute von hohem systematischem Rang. Die elf Beiträger dieses kooperativen Kommentars, der anlässlich des 300. Kant-Jubiläums in einer 3., überarbeiteten Auflage erscheint, nehmen die bleibend gültigen Provokationen der „Metaphysischen Anfangsgründe" ernst. Mit Beiträgen von Hans Friedrich Fulda, Otfried Höffe, Peter König, Kristian Kühl, Bernd Ludwig, Jean-Christophe Merle, Jörg Paul Müller, Terry Pinkard, Alessandro Pinzani, Robert B. Pippin, Allen W. Wood. (shrink)

La teoría de la pena ideada por Kant suele ser estudiada sin consideración del marco filosófico que le da sentido y fundamentación. La intención del presente trabajo es explicitar la fundamentación teórico-filosófica que sostiene a dicha teoría de la pena. Me propongo exhibir cómo Kant deriva el carácter categórico de la ley penal a partir del principio del Derecho y del imperativo categórico. Esta fundamentación teórica del carácter categórico de la pena se sostendrá en tanto podamos comprender en qué sentido (...) y por qué la razón es capaz de imponerse a sí misma principios categóricos de acción, es decir, deberes. (shrink)

Suppose an agent has made a judgement of the form, 'all things considered, it would be better for me to do a rather than b (or any range of alternatives to doing a)' where a and b stand for particular actions. If she does not act upon her judgement in these circumstances would that be a failure of rationality on her part? In this paper I consider two different interpretations of all things considered judgements which give different answers to this (...) question, one suggested by Donald Davidson, the other by Paul Grice and Judith Baker. I argue that neither interpretation is adequate. However, a third interpretation that combines features of the Grice/Baker view with the Davidsonian view is possible. In the final section of the paper I defend this interpretation against two objections. (shrink)

Deliberation incompatibilism is the view that an agent being rational and deliberating about which of (mutually excluding) actions to perform, is incompatible with her believing that there exist prior conditions that render impossible the performance of either one of these actions. However, the main argument for this view, associated most prominently with Peter van Inwagen, appears to have been widely rejected by contemporary authors on free will. In this paper I argue first that a closer examination of van Inwagen's argument (...) shows that the standard objections are based on a misunderstanding of the notion of ‘deliberation’ presupposed in this argument. Second, I attempt to strengthen the case for deliberation incompatibilism by offering a different argument in its support. (shrink)

This essay discusses monism and pluralism about two related evaluative notions: welfare, or what makes people better off, and value simpliciter, or what makes the world better. These are stipulatively referred to as 'axiological value'. Axiological value property monists hold that one of these notions is reducible to the other (or else eliminable), while axiological value property pluralists deny this. Substantive monists about axiological value hold that there is just one basic kind of thing that makes our lives or the (...) world better, while substantive pluralists hold that there is more than one such thing. A more radical kind of pluralism holds that each of the plurality of good things is good in its own way, thus raising questions concerning value comparability and compensability. The essay elucidates these theories and discusses important arguments for and against them. (shrink)

This paper aims, firstly, to bridge debates on human rights and Transnational Corporations within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is argued that positive duties cannot be assigned to TNCs (...) because their bindingness cannot be grounded in moral theory. A positive argument is introduced to interpret TNCs’ human rights duties as corresponding to virtues rather than rights. Though such duties are indeterminate regarding what constitutes adequate performance, they can be made more determinate through legal instruments outside of positive human rights law. An approach is introduced exemplifying how such approaches can achieve the end of TNCs compliance with human rights norms. (shrink)

Laws, codes, and rules are essential for any community, public or private, to operate in an orderly and productive fashion. Without laws and codes, anarchy and chaos abound and the purpose and role of the organization is lost. However, danger is significant, and damage serious and far-reaching when individuals or organizations become so focused on rules, laws, and specifications that basic principles are ignored. This paper discusses the purpose of laws, rules, and codes, to help understand basic principles. With such (...) an understanding an increase in the level of ethical and moral behavior can be obtained without imposing detailed rules. (shrink)

I first clarify the idea that blameworthiness requires consciousness as the view that one can be blameworthy only for what is a response to a reason of which one is conscious. Next I develop the following argument: blameworthiness requires exercising control in a way distinctive of persons and doing this, in view of what it is to be a person, requires responding to a reason of which one is conscious. Then I defend this argument from an objection inspired by Arpaly (...) and Schroeder according to which responding to moral reasons suffices for exercising control distinctive of persons. (shrink)

Every tenable ethical theory must have an account of moral virtue and vice. Julia Driver has performed a great service for utilitarians by developing a utilitarian account of moral virtue that complements a broader act-based utilitarian ethical theory. In her view, a moral virtue is a psychological disposition that systematically produces good states of affairs in a particular possible world. My goal is to construct a more plausible version of Driver’s account that nevertheless maintains its basic integrity. I aim to (...) accomplish this goal by developing four problems concerning admiration and luck for Driver’s account. Subsequently, I modify the account in a way that partially or entirely mitigates each difficulty. Finally, I attempt to undermine Driver’s rationale for rejecting the modification and explore how well the modified account of moral virtue fits with utilitarian accounts of right action. (shrink)

It is almost unanimously accepted that Kant denies resultant moral luck—that is, he denies that the lucky consequence of a person’s action can affect how much praise or blame she deserves. Philosophers often point to the famous good will passage at the beginning of the Groundwork to justify this claim. I argue, however, that this passage does not support Kant’s denial of resultant moral luck. Subsequently, I argue that Kant allows agents to be morally responsible for certain kinds of lucky (...) consequences. Even so, I argue that it is unclear whether Kant ultimately endorses resultant moral luck. The reason is that Kant does not write enough on moral responsibility for consequences to determine definitively whether he thinks that the lucky consequence for which an agent is morally responsible can add to her degree of praiseworthiness or blameworthiness. The clear upshot, however, is that Kant does not deny resultant moral luck. (shrink)