This article concerns the morality of establishing regulated kidney markets in an effort to reduce the chronic shortage of kidneys for transplant. The article tries to rebut the view, recently defended by James Taylor, that if we hold autonomy to be intrinsically valuable, then we should be in favor of such markets. The article then argues that, under current conditions, the buying and selling of organs in regulated markets would sometimes violate two Kantian principles that are seen as moral constraints. (...) One principle forbids expressing disrespect for the dignity of humanity; the other forbids treating others merely as means. In light of the moral danger posed by regulated markets, the article advocates an alternative way of diminishing the current organ shortage, namely opt-out systems of cadaveric organ donation. (shrink)

Psychopaths have long been of interest to moral philosophers, since a careful examination of their peculiar deficiencies may reveal what features are normally critical to the development of moral agency. What underlies the psychopath's amoralism? A common and plausible answer to this question is that the psychopath lacks empathy. Lack of empathy is also claimed to be a critical impairment in autism, yet it is not at all clear that autistic individuals share the psychopath's amoralism. How is empathy characterized in (...) the literature, and how crucial is empathy, so described, to moral understanding and agency? I argue that an examination of moral thinking in high-functioning autistic people supports a Kantian rather than a Humean account of moral agency. (shrink)

Ethical issues are of foremost importance in modern bio-medical science. Ethical guidelines and socio-cultural public awareness exist for modern samples, whereas for ancient mummy studies both are de facto lacking. This is particularly striking considering the fact that examinations are done without informed consent or that the investigations are invasive due to technological aspects and that it affects personality traits. The aim of this study is to show the pro and contra arguments of ancient mummy research from an ethical point (...) of view with a particular focus on the various stakeholders involved in this research. Relevant stakeholders in addition to the examined individual are, for example, a particular researcher, and the science community in general, likely descendents of the mummy or any future generation. Our broad discussion of the moral dilemma of mummy research should help to extract relevant decision-making criteria for any such study in future. We specifically do not make any recommendations about how to rate these decision-factors, since this is highly dependent on temporal and cultural affiliations of the involved researcher. The sustainability of modern mummy research is dependent on ethical orientation, which can only be given and eventually settled in an interdisciplinary approach such as the one we attempt to present here. (shrink)

Kant and Nietzsche are typically thought to have diametrically opposed accounts of willing: put simply, whereas Kant gives signal importance to reflective episodes of choice, Nietzsche seems to deny that reflective choices have any significant role in the etiology of human action. In this essay, I argue that the dispute between Kant and Nietzsche actually takes a far more interesting form. Nietzsche is not merely rejecting the Kantian picture of agency. Rather, Nietzsche is offering a subtle critique of the Kantian (...) theory, denying certain aspects of it while preserving others. On a standard reading, the Kantian theory of willing is committed to three claims: (1) choice causes action, (2) motives do not determine choice, and (3) reflective deliberation suspends the effects of motives. I argue that Nietzsche accepts claims (1) and (2) while denying claim (3). I show that Nietzsche's denial of (3) is premised upon a sophisticated conception of motivation. I contend that Nietzsche's denial of (3) leads him to a new model of reflective agency. This model preserves certain Kantian insights about the nature of self-conscious agency, while embedding these insights in a more complex and arguably more plausible account of motivation. The resultant theory of agency is considerably more sophisticated than has yet been appreciated. (shrink)

This paper has two goals. First, I offer an interpretation of Nietzsche’s puzzling claims about will to power. I argue that the will to power thesis is a version of constitutivism. Constitutivism is the view that we can derive substantive normative conclusions from an account of the nature of agency; in particular, constitutivism rests on the idea that all actions are motivated by a common, higher-order aim, whose presence generates a standard of assessment for actions. Nietzsche’s version of constitutivism is (...) based on a series of subtle claims about the psychology of willing and the nature of satisfaction, which imply that all actions aim at encountering and overcoming resistance (this is what Nietzsche means by “will to power”). Second, I argue that Nietzsche’s theory, thus interpreted, generates a new, a posteriori version of constitutivism that is not vulnerable to certain familiar objections. If this is right, then we can deploy Nietzschean ideas in order to make a substantive contribution to issues that are currently at the forefront of ethics and action theory. (shrink)

Much has been written about the general moral duty to love one’s neighbors. In this article, I explore the specific application of this moral duty in the work setting. I argue from a secular perspective that individuals have the moral duty to love their stakeholders. Loving one’s stakeholders is an affective valuing of the stake-related values these stakeholders pursue and as such is the real recognition of one’s stakeholders as stakeholders and of oneself as a stakeholder of one’s stakeholders. This (...) moral concept of stakeholder love offers promising contributions to stakeholder theory, leadership theories, and ethical theories in general and business ethics theories in particular. (shrink)

In recent years the view that the non-instrumental value of democracy is a relational value, particularly relational equality, gained prominence. In this paper I challenge this relational egalitarian version of non-instrumentalism about democracy’s value by arguing that it is unable to establish a strong enough commitment to democracy. I offer an alternative view according to which democracy is non-instrumentally valuable for it establishes relationships of mutual service among citizens by enlisting them in the collective project of ruling the polity justly (...) together which is a self-standing source of value for them. Relating in the mode of mutual service is not a species of relating as equals; it is a distinct relational value. Democracy is uniquely suited to realize this relational value, for it renders citizens co-authors of the fundamental rules of the system of social cooperation under which they live, and only as co-authors of these rules are they able to mutually serve each other in a way that is appropriate within their relationship as citizens of the same polity. For this reason, a strong commitment to democracy can be based on the relational value of mutual service, which therefore better fits the theoretical purposes of non-instrumentalism than relational equality. (shrink)

To determine whether fish welfare matters morally, we need to know what characteristics or capacities beings need to have in order to be morally considerable, and whether fish have such characteristics. In this paper I discuss a group of theories, Kantian practical reasoning theories, in which agency (or practical rationality) is traditionally thought to be a necessary condition for moral considerability. An individual must have quite sophisticated capacities to be a (moral) agent in such theories: she must be able to (...) act on rational principles. It seems unlikely that nonhuman animals such as fish have such capacities. I argue, however, that on the basis of certain Kantian arguments, moral agents have reason to accept duties to nonrational animals if they are agents in a much less demanding sense: if they are motivated to pursue the objects of their desires. If fish have this capacity, their welfare matters morally. (shrink)

Is a Health Care Ethics possible? Against sceptical and relativist doubts Kantian deontology may advance a challenging alternative affirming the possibility of such an ethics on the condition that deontology be adopted as a total programme or complete vision. Kantian deontology is enlisted to move us from an ethics of two-person informal care to one of institutions. It justifies this affirmative answer by occupying a commanding meta-ethical stand. Such a total programme comprises, on the one hand, a dual-aspect strategy incorporating (...) the macro- (institutional) and micro- (person-to-person) levels while, on the other, it integrates consistently within moral epistemology a meta-ethics with lower-ground moral theories. The article describes the issues to be dealt with and the problems which have to be solved on the way to a unifying theory of that kind (Sections I-III) and indicates elements of Kantian moral philosophy which may serve as building blocks (Section IV). Among these are not only Kant’s ideas concerning the moral acting of persons and his ideas concerning civil society and state but also his ideas concerning morality, schematism and religion. (shrink)

We examine the following consequentialist view of virtue: a trait is a virtue if and only if it has good consequences in some relevant way. We highlight some motivations for this basic account, and offer twelve choice points for filling it out. Next, we explicate Julia Driver’s consequentialist view of virtue in reference to these choice points, and we canvass its merits and demerits. Subsequently, we consider three suggestions that aim to increase the plausibility of her position, and critically analyze (...) them. We conclude that one of those proposed revisions would improve her account. (shrink)

In her effort to recast moral realism in the style of the later Wittgensteinian philosophy of language, Sabina Lovibond seeks to ground moral knowledge in a historical community and its rules of language. In Stanley Hauerwas’ writings, we find an account of Christian ethics that is similarly modeled on Wittgensteinian realism. The main problem with Wittgensteinian moral realism, as it is appropriated by both Lovibond’s and Hauerwas’ society-dependent accounts of morality, is that they are unable to resolve difficult issues created (...) by epistemic relativism. Both thinkers are vulnerable to epistemic relativism in two ways. First, with its contextualist approach to the justification of moral beliefs, their conception of moral realism makes any historical community the ultimate authority in all matters of morality. Second, their conception of moral realism also turns moral truth into a social property of a historical community, while denying the exclusive ownership of truth by one particular community. (shrink)

I first characterize a moral mistake in coercion. The principle of independence with which I criticize coercion seems also to condemn exchange. I propose an account of exchange from which it follows that exchange upholds independence after all. In support of that account I argue that, of the accounts of exchange that occur to me, only this one has the consequence that, on general assumptions, a person can take part in exchange while acting, intending, and believing with sufficient reason. I (...) argue that the hiring of very poor people by very rich people for labor from which the rich draw a substantial surplus does not give rise to an exchange of this kind. These instances of the wage labor relation resemble coercion insofar as they violate independence. (shrink)

In this article, I examine anew the moral philosophy of Immanuel Kant and its contributions to educational theory. I make four claims. First, that Kant should be read as having the Categorical Imperative develop out of subjective maxims. Second, that moral self-perfection is the aim of moral education. Third, that moral self-perfection develops by children habituating the results of their moral maxims in scenarios and cases. Fourth, that character and culture, Kant’s highest aims for humanity, are the ultimate beneficiaries of (...) this process. (shrink)

The biggest problem facing schools having social justice curricula, beyond implementation of a programme, I claim, is the problem of justification: what grounds what in social justice and how do we make this manifest to ourselves and to the curricula? If we cannot address this, then social justice curricula are doomed to begging the question. I claim that a ranking of human rights is not only necessary to adjudicate competing claims for social justice and at the same time, thwart interference (...) with already agreed-upon human rights: it is necessary for any curriculum of social justice for schools. That is to say, curricular programs of social justice cannot justify social practices that interfere with human rights, nor can they teach otherwise than this. Due attention to the violation of human rights is necessary, I shall argue, and must be central in the discussion of education for social justice. (shrink)

The notion that body modification occurs when one undertakes practices like tattooing, piercing or scarification, engenders discourses in which: (i) body modifiers endorse such practices as self-constructive, distancing their practitioners from social regulation and a deterministic biology, whereas; (ii) critics condemn their seemingly violent, corporeal interference. However, in suspecting that such analysis should be attentive to the concurrent individual and social co-constitution of behaviours, a sociological and post-structural interrogation of this characterization of body modification as a “sovereign, denaturalizing” endeavour is (...) demanded. An engagement with the originary violence of Derridian deconstruction will duly re-conceive body modification practice as not something which introduces violence to corporeality. Rather, violence will present as a primordial differentiating process which bodies always already condition, and by which they are conditioned/produced/modified. The second issue at stake in this article will thus develop as a contestation to the characterization of “body modification” as an exclusive category of practice. Such practices do not arrive, pre-existing, but rather manifest as the originary violence/differentiation of bodies-as-modifications-which-modify. This re-defines modification from something that agentive subjects introduce to bodies, to something that subjects-as-bodies cannot help but be. Consequently, individual agency is not divorced from behaviour, but emerges as a corporeal, social production. (shrink)

My task in this paper is to demonstrate, contra Nel Noddings, that Kantian ethics does not have an expectation of treating those closest to one the same as one would a stranger. In fact, Kantian ethics has what I would consider a robust statement of how it is that those around us come to figure prominently in the development of one's ethics. To push the point even further, I argue that Kantian ethics has an even stronger claim to treating those (...) closest to oneself as imperative than Noddings and sentiment-based ethical theory in general, proposes. (shrink)

The concept of moral identity based on virtue ethics has become an issue of considerable import in explaining moral behavior. This attempt to offer adequate explanations of the full range of morally relevant human behavior inevitably provokes boundary issues between ethics and moral psychology. In terms of the relationship between the two disciplines, some argue for ?naturalized (or psychologized) morality,? whereas, on the other hand, others insist on ?moralized psychology.? This article investigates the relationship between virtue ethics and moral identity (...) based on previous research on the relationship between ethics and moral psychology. This article especially attempts to show that meaningful links between the two concepts possible by using theoretical frameworks constructed by the most influential philosophers of science such as Kuhn and Lakatos. (shrink)

We are currently in the midst of a revival of interest in thevirtues. A number of contemporary moral philosophers havedefended a virtue-based approach to ethics. But does thisrenewal of interest in the virtues have much to contributeto medical ethics and medical practice? This paper criticallydiscusses this question. It considers and rejects a number ofimportant arguments that purport to establish the significanceof the virtues for medical practice. Against these arguments,the paper seeks to show that while the virtues have a genuinerole to (...) play in medical ethics, it is a limited role, one thatis subordinate to the role that other moral concepts such asrules and principles play. (shrink)

The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of (...) the concept of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed issue of justifying legal punishment. (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)

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)

It has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at (...) the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy. (shrink)

It has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at (...) the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy. (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)

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 justification for harm reduction as an approach to drug use and addiction is seen by many to be consequentialist in form and it has been claimed that as a deontologist Kant would reject harm reduction. I argue this is wrong on both counts. A more nuanced understanding of harm reduction and Kant shows them compatible. Kant’s own remarks about intoxication reinforce this. Moreover, there is a Kantian argument that harm reduction is not only morally permissible but more consistent with (...) the Kantian duty of respect for autonomy than mandatory abstinence approaches. (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.

The principle of right is Kant's main formulation of the rules of politics, and it has obvious affinities with the moral law. Do we have moral reasons to obey the principle? I argue that we may have moral reasons to obey the principle ourselves, but not coercively to enforce it. Do we have prudential reasons to obey the principle? I argue that we do not have reasons based on happiness, but that we may have prudential reasons of a wholly different, (...) but distinctively Kantian kind. These may be reasons both to obey the principle ourselves and to enforce it. (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)

In this paper I examine the relation between Social Cost of Carbon (SCC) estimates, abatement cost analyses, and individual climate duties. I first highlight the stakes that SCC and abatement cost estimates potentially have for the content of individual duties to either pay the full or fair cost of their carbon emissions, or offset the volume of their emissions. I survey four methodological options (a minimalist approach, a precautionary approach, an averaging approach, and what I call a ‘sufficiency-bounded’ precautionary approach) (...) for conceptualizing the terrain of individual duties in light of SCC and abatement cost estimates that are both contentious and evolving. (shrink)

In production and consumption of food, several ethical values are at stake for different affected parties and value conflicts in relation to food choices are frequent. The aim of this article was to present an ethical framework for well-grounded decisions on production and consumption of food, guided by the following questions: Which are the affected parties in relation to production and consumption of food? What ethical values are at stake for these parties? How can conflicts between the identified values be (...) handled from different ethical perspectives? Four affected parties, relevant for both production and consumption of food, were identified, namely animals, nature, producers and consumers. Working form a bottom-up perspective, several values for these parties were identified and discussed. For animals: welfare, not being exposed to pain and natural behavior; for nature: low negative impact on the environment and sustainable climate; for producers: fair salaries and safe working conditions; and for consumers: access to food, autonomy, health and food as part of a good life. As several of these values can come into conflict when choices of what to eat should be made, the article argues for the need of weighing values from four different perspectives in food ethics dilemmas, namely duties, consequences, virtues and care. The suggested ethical framework can provide moral guidance to both producers of food and to consumers in a supermarket. Thereby, it can contribute to more well-grounded decisions concerning what to eat and make people feel a little bit more secure when reflecting over the question: What shall we eat? (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)

In the health care professions, the meaning of—and implications for—‘dignity’ and ‘value’ are progressively more important, as scholars and practitioners increasingly have to make value judgments when making care decisions. This paper looks at the various arguments for competing sources of human value that medical professionals can consider—human rights, autonomy, and a higher-order moral value—and settles upon a foundational model that is related to the Kantian model that is popular within the medical community: human value is foundational; human dignity, autonomy, (...) and rights derive from the relational quality of human dignity. Moral dignity is expressed though the relationships we cultivate, the communal ends we pursue, and the rights we enjoy. Correlatively, human dignity is inseparable from its ground, and the relationship between these two is best represented for Kant in the humanities formulation. The foundational model of dignity ensures that human value is non-circularly derived, but is ultimately tied to expressions of individual human dignity that comes from the dignity of morality. Linking Kant’s dignity of humanity to the dignity of morality affords a unique and efficacious response to the discussion of human value. In one sense, dignity is amplificatory, since its worth is inextricable with that of autonomy and the rights afforded to the autonomous. But that isn’t to say that the worth of dignity is merely amplificatory. Rather, human dignity indicates the absolute inner value found in each individual in virtue of being human. That inner worth engenders certain universal rights—derivable from the dignity and fundamental rational appeal of morality—just as it provides for the possibility for a community of beings to seek to live the moral life. (shrink)

This article explores the extent to which the decision to invade Iraq in 2003 coheres with the normative precepts of liberalism as an international political theory. Beginning with a Lockean liberal theory of the state, this article first examines the evolution of international liberalism in order to identify the fundamental normative postulates of liberal theory as it pertains to international relations, especially regarding the use of military force. The article then advances two interrelated arguments: First, that the underpinnings of the (...) decision to invade Iraq embodied in the Bush Doctrine draw heavily from the liberal tradition, though still depart from it in important ways. Second, that the Bush Doctrine as manifested in the Iraq war reflects in many ways the liberal thinking that prevailed during the interwar years and is therefore susceptible to a similar charge of ‘utopianism’ that was leveled against interwar liberalism by E. H. Carr in his Twenty Years' Crisis. (shrink)

In this paper, I will suggest an unorthodox hybrid theory of ethical justification that combines, on an ontological level, a realist approach with constructivist elements. On an epistemological level, the realist part of the theory will be squared with an intuitionist account. Eventually, the suggested hybrid theory will take the form of an intuitionist ethics of persons. I will start with briefly sketching the ontological shape of the relevant concept of person whereby I will extensively draw on Kant and endorse (...) a realist reading of his ethical theory (2.). Subsequently, I will explain why and how constructivist elements must complement the picture (3.). Then, I will focus on the epistemological shape of the theory. In particular, I will suggest an intuitionist reading of Kant’s doctrine of “the fact of reason” (4.). Next, I will briefly comment on classical intuitionism and on Bernard William’s notion of convergence in ethics (5.). Subsequently, I will compare my approach with Robert Audi’s attempt to refine a Rossian type of intuitionism (6.). Finally, I will revisit the charge of dogmatism that has traditionally been raised against intuitionism (7.). (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)

The received view of Kant’s moral philosophy is that it precludes all moral luck. But I offer a plausible interpretation according to which Kant embraces moral luck in circumstance and constitution. I interpret the unconditioned nature of transcendental freedom as a person’s ability to do the right thing no matter how she is inclined by her circumstantial and constitutive luck. I argue that various passages about degrees of difficulty relating to circumstantial and constitutive luck provide a reason to accept a (...) pro-moral luck interpretation of Kant. (shrink)

Abstract: This paper identifies two central paradoxes threatening the notion of amor fati [love of fate]: it requires us to love a potentially repellent object (as fate entails significant negativity for us) and this, in the knowledge that our love will not modify our fate. Thus such love may seem impossible or pointless. I analyse the distinction between two different sorts of love (eros and agape) and the type of valuation they involve (in the first case, the object is loved (...) because we value it; in the second, we value the object because we love it). I use this as a lens to interpret Nietzsche's cryptic pronouncements on amor fati and show that while an erotic reading is, up to a point, plausible, an agapic interpretation is preferable both for its own sake and because it allows for a resolution of the paradoxes initially identified. In doing so, I clarify the relation of amor fati to the eternal return on the one hand, and to Nietzsche's autobiographical remarks about suffering on the other. Finally, I examine a set of objections pertaining both to the sustainability and limits of amor fati, and to its status as an ideal. (shrink)

The scholarship on Mary Wollstonecraft is divided concerning her views on women's role in public life, property rights, and distribution of wealth. Her critique of inequality of wealth is undisputed, but is it a complaint only of inequality or does it strike more forcefully at the institution of property? The argument in this article is that Wollstonecraft's feminism is partly defined by a radical critique of property, intertwined with her conception of rights. Dissociating herself from the conceptualization of rights in (...) terms of self-ownership, she casts economic independence—a necessary political criterion for personal freedom—in terms of fair reward for work, not ownership. Her critique of property moves beyond issues of redistribution to a feminist appraisal of a property structure that turns people into either owners or owned, rights-holders or things acquired. The main characters in Wollstonecraft's last novel—Maria, who is rich but has nothing, and Jemima, who steals as a matter of principle—illustrate the commodification of women in a society where even rights are regarded as possessions. (shrink)

Are we justified in keeping the demented in prison for crimes they committed when they were still healthy? The answer to this question is an issue of considerable practical importance. The problem arises in cases where very aged criminals exhibit symptoms of dementia while serving their sentence. In these cases, one may wonder whether lodging these criminals in penal institutions rather than in normal caretaking facilities is justifiable. In this paper, I argue that there are justificatory reasons for punishing the (...) demented for their past crimes. In part 2, I examine three theories of punishment—retributivism, prevention theories and expressivism—with regard to the question of whether they provide justificatory reasons for punishing the demented. I argue that only expressivism provides these reasons. In part 3, I defend the view that expressivism, though not convincing as a general theory of punishment, is plausible if applied only to a specific subclass of punitive actions. More precisely, expressivism, or so I argue, is plausible with regard to those acts of punishment that consist in intending to inflict suffering without actually inflicting suffering. Since the punishment of demented patients falls within this class, it can be justified on an expressivist basis. In part 4, I discuss six objections to my view and rebut them. (shrink)

The problem of necessary evil is a sub-class of the problem of moral dilemmas. In cases of genuine moral dilemmas the agent cannot avoid doing evil whatever he does. In some cases of genuine moral dilemmas, the options facing the agent are incommensurable. But in some other cases of genuine moral dilemmas, though wrong doing is inescapable, there is a rationally best course of action. These are cases of necessary evil. There are several views regarding the doing of necessary evil. (...) On the closure view it is never necessary to do what is evil. This is the view of some utilitarians and of Kant. Then there are people who believe that it is sometimes necessary to do evil. Of these some (like John Gardner) believe that evil in such cases is justified even though it remains an evil; while there are others (like Gandhi) who believe that evil in such cases can never be justified but it can at best be excused or pardoned. Some even think that in some extreme cases the individual who does evil (even if it is the lesser evil) should be punished even though the individual could not avoid doing evil whatever he chose. The paper stresses the significance of the distinction between justified wrong doing, pardonable wrong doing, and excusable wrong doing. (shrink)

Is personal moral inconsistency a challenge to overcome or embrace? This paper opts for the latter and argues for the Virtue of Encompassing the Contrary (VEC). According to VEC, an individual can balance and realize opposite values or virtues through time virtuously. This paper discusses critically various explanations given for moral inconsistency: Circumstantial Relativism, Moral Opportunism, the Consequentialist Solution, Moral Ambivalence, Kant’s Imperfect Duty and Dancy’s Moral Particularism. The paper argues that VEC fares better in answering the moral challenge of (...) inconsistent behavior. (shrink)

In the quest to build truly sustainable corporations and supply chains, we propose the moral responsibility theory of corporate sustainability and the moral responsibility theory of sustainable supply chain. Built from morality literature in philosophy, the view of corporations as moral agents in law, and analyses of corporate hypocrisy and its role in an organization’s and its members’ behaviors, our theories show how a truly sustainable corporation and its external supply chain could emerge. At the core, we believe that without (...) a sense of moral responsibility businesses throughout the supply chain will not be truly sustainable. In today’s highly globalized and fragmented business environments, corporations do businesses with external supply chain partners, and without the truly sustainable supply chain partners, they may not be able to achieve sustainability goals. Moreover, for such a supply chain to be truly sustainable, each member of the supply chain must also be truly sustainable. For each member of the supply chain to be truly sustainable, the individuals who work in a corporation must be truly sustainable as well. That is, a truly sustainable supply chain cannot be established without its member corporations’ and employees’ commitment to and successes in sustainability. This paper shows how business moral responsibility and corporate sustainability are closely intertwined. How these theories could be applied in the corporate and supply chain settings are discussed, and future research opportunities are presented. (shrink)

Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral-legal Janus face of human rights through the mediating role of the (...) concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those "dignities" that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, "human dignity" still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody. (shrink)