In this chapter, I articulate the structure of a general concept of autonomy and then reply to possible objections with reference to Ulysses arrangements in psychiatry. The line of argument is as follows. Firstly, I examine three alternative conceptions of autonomy: value-neutral, value-laden, and relational. Secondly, I identify two paradigm cases of autonomy and offer a sketch of its concept as opposed to the closely related freedom of action and intentional agency. Finally, I explain away the autonomy paradox, to which (...) the previously identified pair of paradigm cases seems to give rise in the context of mental disorder. By addressing this paradox, we learn two valuable lessons. The first is about the relationships between the three conceptions of autonomy above. The second is about the relationship between autonomy and mental disorder. (shrink)

In this Introduction, I situate the underlying project “Autonomy and Mental Disorder” with reference to current debates on autonomy in moral and political philosophy, and the philosophy of action. I then offer an overview of the individual contributions. More specifically, I begin by identifying three points of convergence in the debates at issue, stating that autonomy is: 1) a fundamentally liberal concept; 2) an agency concept and; 3) incompatible with (severe) mental disorder. Next, I explore, in the context of decisional (...) capacity assessments, the difficulties to reconcile 1) and 2) with 3) which they at the same time seem to imply. Having clarified the centrality of a cogent notion of mental disorder for addressing these difficulties, I comment on three promising lines of inquiry about the nature and scope of autonomy that emerge from the following chapters. (shrink)

I argue that the family remains integral to neoliberal capitalism. First, I identify two tensions in the neoliberals' advocacy of the traditional family: that the ?family values? advocated run directly counter to the homo economicus of the ?free market?; and the fact that the increasingly strident rhetoric of the family belies its decreasing popularity. The implications of these tensions for how we might think of the family, I then propose, suggest that earlier critiques are worth revisiting for what they have (...) to say about the family?whether in biological or in social form?as a structure of ownership. Finally, I conclude with some embryonic thoughts about the ideological role of that state of affairs in shaping at once our understanding of ?politics? and our politics. (shrink)

In this paper, I argue that, in his Theory of Moral Sentiments, Adam Smith conflates two different meanings of ?self-command?, which is particularly puzzling because of the central role of this virtue in his theory. The first is the matrix of rational action, the one described in Part III of the TMS and learned in ?the great school of self-command?. The second is the particular moral virtue of self-command. Distinguishing between these two meanings allows us, on the one hand, to (...) solve some apparent paradoxes of the text; and, on the other, to identify various features of both the practical reason and deontological ethical traditions that are present in Smith's sentimentalism, enriching his phenomenological account of moral actions. (shrink)

Philosophy lacks criteria to evaluate its philosophical theories. To fill this gap, this essay introduces nine criteria to compare worldviews, classified in three broad categories: objective criteria (objective consistency, scientificity, scope), subjective criteria (subjective consistency, personal utility, emotionality), and intersubjective criteria (intersubjective consistency, collective utility, narrativity). The essay first defines what a worldview is and exposes the heuristic used in the quest for criteria. After describing each criterion individually, it shows what happens when each of them is violated. From the (...) criteria, it derives assessment tests to compare and improve different worldviews. These include the is-ought, ought-act, and is-act first-order tests; the critical and dialectical second-order tests; the mixed-questions and first-second-order third-order tests; and the we-I, we-it, and it-I tests. The essay then applies these criteria and tests to a concrete example, comparing the Flying Spaghetti Monster deity with Intelligent Design. For another application, it draws more general fruitful suggestions for the dialogue between science and religion. (shrink)

Evolutionary theories of morality, beginning with Darwin, have focused on explanations for altruism. More generally, these accounts have concentrated on conscience to the neglect of condemnation. As a result, few theoretical tools are available for understanding the rapidly accumulating data surrounding third-party judgment and punishment. Here we consider the strategic interactions among actors, victims, and third-parties to help illuminate condemnation. We argue that basic differences between the adaptive problems faced by actors and third-parties indicate that actor conscience and third-party condemnation (...) are likely performed by different cognitive mechanisms. Further, we argue that current theories of conscience do not easily explain its experimentally demonstrated insensitivity to consequences. However, these results might be explicable if conscience functions, in part, as a defense system for avoiding third-party punishment. If conscience serves defensive functions, then its computational structure should be closely tailored to the details of condemnation mechanisms. This possibility underscores the need for a better understanding of condemnation, which is important not only in itself but also for explaining the nature of conscience. We outline three evolutionary mysteries of condemnation that require further attention: third-party judgment, moralistic punishment, and moral impartiality. (shrink)

This paper identifies the different normative ethical arguments stated and suggested by Arjuna and Krishna in the Gītā , analyzes those arguments, examines the interrelations between those arguments, and demonstrates that, contrary to a common view, both Arjuna and Krishna advance ethical theories of a broad consequentialist nature. It is shown that Krishna’s ethical theory, in particular, is a distinctive kind of rule-consequentialism that takes as intrinsically valuable the twin consequences of mokṣa and lokasaṃgraha . It is also argued that (...) Krishna’s teachings in the Gītā gain in depth, coherence, and critical relevance what they lose in simplicity when the ethical theory underlying those teachings is understood as a consequentialism of this kind rather than as a deontology. (shrink)

The last few decades have given rise to the study of practical reason as a legitimate subfield of philosophy in its own right, concerned with the nature of practical rationality, its relationship to theoretical rationality, and the explanatory relationship between reasons, rationality, and agency in general. Among the most central of the topics whose blossoming study has shaped this field, is the nature and structure of instrumental rationality, the topic to which Kant has to date made perhaps the largest contribution, (...) under the heading of his treatment of hypothetical imperatives. (shrink)

Among bioethicists, and perhaps ethicists generally, the idea that we are obliged to respect autonomy is something of a shibboleth. Appeals to autonomy are commonly put to work to support legal and moral claims about the importance of consent, but they also feed a wider discourse in which the patient’s desires are granted a very high importance and medical paternalism is regarded as almost self-evidently indefensible.

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve the justification problem for human rights but rather aggravates it (...) in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant’s concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

This study examined correlations between moral value judgments on a 17-item Moral Intuition Survey (MIS), and participant scores on the Short-D3 “Dark Triad” Personality Inventory—a measure of three related “dark and socially destructive” personality traits: Machiavellianism, Narcissism, and Psychopathy. Five hundred sixty-seven participants (302 male, 257 female, 2 transgendered; median age 28) were recruited online through Amazon Mechanical Turk and Yale Experiment Month web advertisements. Different responses to MIS items were initially hypothesized to be “conservative” or “liberal” in line with (...) traditional public divides. Our demographic data confirmed all of these hypothesized categorizations. We then tested two broad, exploratory hypotheses: (H1) the hypothesis that there would be “many” significant correlations between conservative MIS judgments and the Dark Triad, and (H2) the hypothesis that there would be no significant correlations between liberal MIS judgments and Machiavellianism or Psychopathy, but “some” significant correlations between liberal MIS judgments and Narcissism. Because our hypotheses were exploratory and we ran a large number of statistical tests (62 total), we utilized a Bonferroni Correction to set a very high threshold for significance (p = .0008). Our results broadly supported our two hypotheses. We found eleven significant correlations between conservative MIS judgments and the Dark Triad—all at significance level of p < .00001—but no significant correlations between the Dark Triad and liberal MIS judgments. We believe that these results raise provocative moral questions about the personality bases of moral judgments. In particular, we propose that because the Short-D3 measures three “dark and antisocial” personality traits, our results raise some prima facie worries about the moral justification of some conservative moral judgments. (shrink)

Many people, such as Adam Smith, Milton Friedman, Irving Fisher, and William Sharpe, assume that free markets full of rational people automatically lead to ethical actions and outcomes. After all, at its equilibrium point, a perfectly competitive free market maximizes utility, respects autonomy, and fulfills justice’s dictates. Unfortunately, in some technology markets, there are a significant number of people who have undergone epistemic closure. Epistemic closure entails that all reliable evidence that would challenge deeply held beliefs is dismissed as corrupted, (...) whereas all supporting evidence, no matter how unreliable, is accepted as incontrovertible. Those who have the condition act irrationally within that domain. As a result, business decisions become much more difficult than they would be in a rational market. In this article, epistemic closure’s ethical issues are developed. First, although they are acting irrationally within the closure’s domain, those with epistemic closure can still be held accountable for their actions. Second, to deal ethically with epistemic closure and its consequences, then it is vital to know what it is and its root causes, as well as to have a practical principle that can assist in making pragmatic decisions. Because some new technologies face epistemic closure, then focusing on a particular representative case of it will help to illustrate the issue’s ethical dimensions. (shrink)

In this paper I argue that self-respect constitutes an important value, and further, serves as an important basis for equality. I also argue that under conditions of inequality-producing segregation, voluntary separation in schooling may be more likely to provide the resources necessary for self respect. Accordingly, I defend a prima facie case of voluntary separation for stigmatized minorities when equality – as equal status and treatment – is not an option under either the terms of integration or involuntary segregation.

Many of the most popular liberal arguments for cultural rights all note that the world is formed into groups. But in the attempt to universalise these arguments, it is too often assumed that the nation is the most important of these groups. This focus upon the nation ignores the many and varying bases of self?respect. It overlooks the fact that self?respect may be tied to many different kinds of groups. Further, most discussions of cultural rights are fuelled by the experience (...) of particular groups. Which groups depends on the theorist and issue at hand. The discussion may be sound for the particular group being discussed. But then many cultural rights theorists, in generalising from one case to others, may not have good reason to do so, leading into a mistaken universalism. The study of cultural rights arguments, with closer reference to the case studies that underpin them, should serve to limit illicit generalisation and to illuminate the true value of cultural rights arguments. (shrink)

The “new sociology of childhood” replaces the historical notion of children as inherently vulnerable, helpless and in need of protection, with a perception of children as capable of competent, autonomous, social participation. Although this new sociological perception underlies current children's rights literature, Canadian common law, and important Canadian pediatric health care guidelines, children's autonomy in health care contexts remains easily denied or subverted in favour of adult conceptions of their best interests. In order to try to understand why, I use (...) a feminist, relational approach to autonomy to analyze how oppressive social forces might hinder children from developing and exercising their autonomy in health care, and uncover a tendency to silence the voice of the child within bioethical discourse. These results suggest that greater levels of pediatric autonomy could be fostered by overcoming oppressive social forces and by fostering the skills necessary for the development and exercise of autonomy. (shrink)

Abstract In this paper I set the debate between Kant and Schiller in terms of the role that an ideal of life can play within an autonomist ethic. I begin by examining the critical role Schiller gives to emotions in tackling specific motivational concerns in Kant's ethics. In the Kantian response I offer to these criticisms, I emphasise the role of metaphysics for a proper understanding of Kant's position whilst allowing that with respect to moral psychology, Kant and Schiller are (...) in agreement about the importance of emotions in our moral lives. I conclude by returning to the themes broached in the introduction to consider the extent to which the teleological concerns that motivate Schiller can be addressed within Kant's autonomist ethics. (shrink)

In the Doctrine of Virtue Kant divides duties of love into three categories: beneficent activity , gratitude and Teilnehmung – commonly referred to as the duty of sympathy . In this paper I will argue that the content and scope of the third duty of love has been underestimated by both critics and defenders of Kant's ethical theory. The account which pervades the secondary literature maintains that the third duty of love includes only two components: an obligation to make use (...) of our natural receptivity to sympathetic feelings as a means to fulfilling other duties of love, and an indirect duty to cultivate these feelings. As a result, Kant's duty of sympathy has been widely regarded as a duty whose value is derived from the way in which it serves other duties, in particular, the duty of beneficent activity, which obliges agents ‘to promote according to one's means the happiness of others in need’ . Teilnehmung has thus assumed something of a second-class status among the duties to others. My aim in this paper is to demonstrate that the prevailing account of Kant's third duty of love is incomplete. (shrink)

I seek to advance enquiry into the philosophical question of in virtue of what human beings have a dignity of the sort that grounds human rights. I first draw on values salient in sub-Saharan African moral thought to construct two theoretically promising conceptions of human dignity, one grounded on vitality, or liveliness, and the other on our communal nature. I then argue that the vitality conception cannot account for several human rights that we intuitively have, while the community conception can (...) do so. I conclude that, of plausible theories of human dignity with an African pedigree, the field ought to favour a community-based view and critically compare it in future work with the Kantian, autonomy-based view that dominates Western thinking about dignity. (shrink)

Abstract Kant claims that the basis of a judgment of taste is a merely subjective representation and that the only merely subjective representations are feelings of pleasure or displeasure. Commentators disagree over how to interpret this claim. Some take it to mean that judgments about the beauty of an object depend only on the state of the judging subject. Others argue instead that, for Kant, the pleasure we take in a beautiful object is best understood as a response to its (...) qualities, and that, accordingly, feelings of pleasure or displeasure are no different from other representations, such as colors or smells. While I agree that the judgment of taste is best understood as asserting a claim about an object's qualities, I argue that the distinction Kant makes between feelings of pleasure or displeasure and other representations should not be ignored. I show that one's liking or disliking for an object is merely subjective in the sense that its significance depends on what one has made of oneself through one's aesthetic education. The judgment of taste, then, is merely subjective because one must first become the kind of person whose feelings have the right significance at the right time before one can determine whether an object's qualities make it beautiful. (shrink)

A traditional association of judgment with "reason" has drawn upon and reinforced an opposition between reason and emotion. This, in turn, has led to a restricted view of the nature of moral judgment and of the subject as moral agent. The alternative, I suggest, is to abandon the traditional categories and to develop a new theory of judgment. I argue that the theory of judgment developed by Justus Buchler constitutes a robust alternative which does not prejudice the case against emotion. (...) Drawing on this theory I then develop how to conceptualize the ways in which feeling and emotion can be (or be components of) moral judgments. (shrink)

The paper argues that applications of the principle that “ought” implies “can” (OIC) depend on normative considerations even if the link between “ought” and “can” is logical in nature. Thus, we should reject a common, “factualist” conception of OIC and endorse weak “normativism”. Even if we use OIC as the rule ““cannot” therefore “not ought””, applying OIC is not a mere matter of facts and logic, as factualists claim, but often draws on “proto-ideals” of moral agency.

This paper takes up the question of the role of philosophical moral theory in our attempts to resolve the ethical problems that arise in health care, with particular reference to the contention that we need theory to be determinative of our choice of actions. Moral theorizing is distinguished from moral theories and the prospects for determinacy from the latter are examined through a consideration of the most promising candidates: utilitarianism, deontology and the procedures involved in reflective equilibrium. It is argued (...) that the current lack of any generally accepted method of solving moral problems, together with the extreme improbability of philosophy achieving a plausibly determinate theory, should encourage us to approach the problems in a spirit of agnosticism regarding the way in which theoretical material might be of relevance. The practical test for both moral theorizing and moral theories is thus not determinacy but the degree to which they increase our understanding of moral problems by serving, as they do in philosophy, as a means of inquiry into their nature. (shrink)

Philosophers today are inclined to propose virtues are either something subjective or something universal. However, Confucius and Aristotle, who made the most profound investigations into virtues, did not develop such theses. The deep-seated reason lies in their belief that there is always a possibility for a human being to become a man of practice, which cancels the need of proposing subjectivity thesis. The reason for their not raising the universality thesis of virtues is that they do not think that virtues (...) are directly universal to all contemporarily existing minds. Rather, in their view, virtues involve a possible universality that may present in a virtuous mind. We can summarize Aristotle’s view into the concept of possible universality of virtue understood in terms of the perfect state of mind, since he explains the perfect state of mind in terms of perfect state of activity, and makes his investigations with an eye to the interactions between people with similar states of virtues. The view of Confucius can be summarized into the concept of possible universality of virtue understood in terms of the history of mind, since his investigations are made from the point of view of the states of mind reached through virtuous practices, i.e., a historical process of human life in which one’s pre-dispositions and feelings gradually reach some state of natural harmony and gains continual enrichment, and with an eye to the interactions between virtuous people and common people. From that similarly expressed view we can reasonably infer that virtues do possess the character called by today’s philosophers as universality, but it is a possible universality whose possibility is based on practice and on the development of virtuous minds. (shrink)

This analysis comments on Bernstein’s lack of clear understanding of subjectivity, based on his book, Beyond Objectivism and Relativism: Science, Hermeneutics, and Praxis. Bernstein limits his interpretation of subjectivity to thinkers such as Gadamer and Habermas. The authors analyze the ideas of classic scholars such as Edmund Husserl and Friedrich Nietzsche. Husserl put forward his notion of transcendental subjectivity and phenomenological ramifications of the relationship between subjectivity and objectivity. Nietzsche referred to subjectivity as perspectivism, the inescapable fact that any and (...) all consciousnesses exist in space and time. Consciousness is fundamentally constituted of cultural, linguistic, and historical dimensions. (shrink)

In this essay I seek to show that a philosophy of modesty informs core aspects of both Nietzsche’s critique of morality and what he intends to replace morality with, namely, an ethics of self-cultivation. To demonstrate this I focus on Dawn: Thoughts on the Prejudices of Morality, a largely neglected text in his corpus where Nietzsche carries out a quite wide-ranging critique of morality, including Mitleid. It is one of Nietzsche’s most experimental works and is best read, I claim, as (...) an Epicurean-inspired critique of the present and an exercise in moral therapy. In the opening sections I draw attention to the wider social dimension of the text and its concern with a morality of compassion, which is rarely done in the literature. I then turn to highlighting Nietzsche’s Epicurean moment, followed by two sections on Nietzsche on the self in which I aim to bring to light his ethics of self-cultivation and show in what ways his revaluation makes central to ethics a modest egoism and care of self. In the conclusion to the essay I provide a contrast between Nietzsche and Kant and deal with reservations readers might have about his ethics. Overall, the essay seeks to make a contribution to an appreciation of Dawn as a work of moral therapy. (shrink)

The relationship between self‐realization, and so what I really wholeheartedly endorse and owe to myself, and morality or what we owe to others is normally thought of as antagonism, or as a pleasant coincidence: only if I am indebted to such relations as my fundamental projects that I care wholeheartedly about does morality have a direct connection to self‐realization. The aim of this article is to argue against this picture. It will be argued that the structure of self‐realization and the (...) caring activity involved commits the person to values that are beyond the object of his wholehearted caring, in a way that might just pave the way to morality. (shrink)

The dominant interpretation of Kant as a moral constructivist has recently come under sustained philosophical attack by those defending a moral realist reading of Kant. In light of this, should we read Kant as endorsing moral constructivism or moral realism? In answering this question we encounter disagreement in regard to two key independence claims. First, the independence of the value of persons from the moral law (an independence that is rejected) and second, the independence of the content and authority of (...) the moral law from actual acts of willing on behalf of those bound by that law (an independence that is upheld). The resulting position, which is called not ‘all the way down’ constructivism, is attributed to Kant. (shrink)

This article offers a new interpretation of Adorno’s new categorical imperative : it suggests that the new imperative is an important element of Adorno’s moral philosophy and at the same time runs counter to some of its essential features. It is suggested that Adorno’s moral philosophy leads to two aporiae, which create an impasse that the new categorical imperative attempts to circumvent. The first aporia results from the tension between Adorno’s acknowledgement that praxis is an essential part of moral philosophy, (...) and his view according to which existing social conditions make it impossible for moral knowledge to be translated into right action. The second aporia results from the tension between the uncompromising sensitivity to suffering that underlies Adorno’s moral thought, and his analysis of the culture industry mechanisms which turn people into happy, satisfied customers—an incompatibility which threatens to pull the rug out from under Adorno’s moral philosophy. My interpretation of the new categorical imperative focuses on two characteristics it inherits from the old, Kantian one—self-evidence and unconditionality—in order to present the new imperative as a response to these two aporiae. (shrink)

The principle of respect for human dignity plays a crucial role in the emerging global norms relating to bioethics, in particular in the UNESCO Universal Declaration on Bioethics and Human Rights. This instrument, which is a legal, not merely an ethical document, can be regarded as an extension of international human rights law into the field of biomedicine. Although the Declaration does not explicitly define human dignity, it would be a mistake to see the emphasis put on this notion as (...) a mere rhetorical strategy. Rather, the appeal to dignity reflects a real concern about the need to promote respect both for the intrinsic worth of human beings and for the integrity of the human species. But dignity alone cannot solve most of the dilemmas posed by biomedical practice. This is why international biolaw combines, on the one hand, the appeal to human dignity as an overarching principle with, on the other hand, the recourse to human rights, which provide an effective and practical way forward for dealing with bioethical issues at a global level. (shrink)

Some philosophers believe that a change in motive alone is sometimes sufficient to bring about a change in the deontic status (rightness or wrongness) of an action. I refer to this position as ‘weak motivism’, and distinguish it from ‘strong’ and ‘partial motivism’. I examine a number of cases where our intuitive judgements appear to support the weak motivist’s thesis, and argue that in each case an alternative explanation can be given for why a change in motive brings about (or, (...) in some cases, appears to bring about) a change in deontic status. (shrink)

This paper is a defence of T.M. Scanlon's contractualism - the view that an action is wrong if it is forbidden by the principles which no one could reasonably reject. Such theories have been argued to be redundant in two ways. They are claimed to assume antecedent moral facts to explain which principles could not be reasonably rejected, and the reasons they provide to follow the non-rejectable principles are said to be unnecessary given that we already have sufficient reasons not (...) to do the acts that are forbidden by those principles. In this paper, I try to argue that neither one of these claims is true. (shrink)

Many medical‐ethics advisory boards have concluded that human embryonic stem cell research can be conducted in an ethical manner. Yet, almost all the recommendations of the ethics advisory boards have included a rather obscure requirement: the embryos that are to be destroyed for stem cell research must be treated with profound respect. In none of these recommendations, however, do we see an adequate explanation of what proper respect for human embryos actually entails. In this essay I argue that showing proper (...) respect for human embryos, on the one hand, and simultaneously destroying them for stem cell research, on the other hand, are not mutually exclusive. In addition, I maintain that given current U.S. in vitro fertilization practices, which deliberately produce more embryos than will be implanted, proper respect for surplus embryos requires their use in embryonic stem cell research. (shrink)

The relationship between ethics and science has been discussed within the framework of continuity versus discontinuity theories, each of which can take several forms. Continuity theorists claim that ethics is a science or at least that it has deep similarities with the modus operandi of science. Discontinuity theorists reject such equivalency, while at the same time many of them claim that ethics does deal with objective truths and universalizable statements, just not in the same sense as science does. I propose (...) here a third view of quasi-continuity (or, equivalently, quasi-discontinuity) that integrates ethics and science as equal partners toward the uncovering of new knowledge. In this third way, a program envisioned by William James but made practicable only by contemporary scientific advancement, science can and must inform ethics at a deep level, and ethical theory— while going beyond science—cannot do without it. In particular, I identify four areas of ethics-science collaboration: neurobiological research into the basis of moral judgment, comparative anthropol- ogy, comparative evolutionary biology of primates, and game-theo- retical modeling. I provide examples within each of these fields to show how they link to ethical theories (including prescriptive work) and questions. The essay concludes with a brief discussion of the light that a scientifically informed ethics can shed on some classical problems in moral theory, such as the relationships between rational- ity and selfishness, egoism and altruism, as well as the concept of social contract. A joint research program involving both philosophers and scientists is called for if we wish to move ethical theory into the twenty-first century. (shrink)

On September 28, 2002, 11-year-old Jakob von Metzler, a banker's son, was abducted on the way to his parents' house in Frankfurt. A sum of one million Euro was demanded for his release. Three days after Jakob's disappearance, Magnus Gäfgen, a 32-year-old law student, collected the ransom from the arranged tram stop in Frankfurt during the night. While under observation by the police, he ordered a new Mercedes and booked a holiday abroad. Seventy-six hours after Jakob's disappearance, the police arrested (...) Gäfgen and his 16-year-old girlfriend while simultaneously searching his flat. There they found the missing ransom, but no sign of Jakob. a b. (shrink)

Kant identifies the “highest moral-physical good” as that combination of “good living” and “true humanity” which best harmonises in a “good meal in good company”. Why does Kant privilege the dinner party in this way? By examining Kant’s accounts of enlightenment, cosmopolitanism, love and respect, and gratitude and friendship, the answer to this question becomes clear. Kant’s moral ideal is that of an enlightened and just cosmopolitan human being who feels and acts with respect and love for all persons and (...) such an ideal is temporarily manifested in the sort of social interaction achievable at a good dinner party. (shrink)

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

The theory of revealed preference, which lies at the core of the neoclassical economic method, asserts that people's preference orderings are revealed by their actions. This assertion has two possible meanings, of which one is a truism and the other false. When a person joins a riot against the government, he reveals through this action that he would rather riot than not. This is the sense in which the assertion is a truism. But if one means that the person must (...) want a change of government, this is certainly false. His decision to riot could mean only that he considers it dangerous to stay on the sidelines. (shrink)

McLachlan and Swales dispute my arguments against commercial surrogatemotherhood. In reply, I argue that commercial surrogate contractsobjectionably commodify children because they regardparental rights over children not as trusts, to be allocated in the bestinterests of the child, but as like property rights, to be allocatedat the will o the parents. They also express disrespect for mothers, bycompromising their inalienable right to act in the best interest of theirchildren, when this interest calls for mothers to assert a custody rightin their children.

An increasingly popular suggestion is that empathy and/or sympathy plays a foundational role in understanding harm norms and being motivated by them. In this paper, I argue these emotions play a rather more moderate role in harms norms than we are often led to believe. Evidence from people with frontal lobe damage suggests that neither empathy, nor sympathy is necessary for the understanding of such norms. Furthermore, people's understanding of why it is wrong to harm varies and is by no (...) means limited to considerations of welfare arising from the abilities to sympathize and/or empathize. And the sorts of considerations of welfare that are central to sympathy and, to some extent empathy, are often already moralized. As such, these considerations cannot form the non-moral foundation of harm norms. Finally, empathy and sympathy are not the only emotions that motivate harm norms. Indeed, much of the evidence that has been adduced in favor of the motivational force of empathy and sympathy are studies on helping, which is quite a different behavior than aggression inhibition. Understanding and being motivated by harm norms are complex abilities. To understand them better, we need to move beyond the current fixation on empathy and sympathy. (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)

This paper responds to the four critiques of my book Experiments in Ethics published in this issue. The main theme I take up is how we should understand the relation between psychology and philosophy. Young and Saxe believe that “bottom line” evaluative judgments don’t depend on facts. I argue for a different view, according to which our evaluative and non-evaluative judgments must cohere in a way that makes it rational, sometimes, to abandon even what looks like a basic evaluative judgment (...) because we have changed our minds about the facts. This leads me to qualify Tiberius’s claim that our moral judgments always derive, in part, from fundamental evaluative “justificatory stopping points,” arguing that even these can themselves be adjusted in the light of scientific understanding. Weinberg and Wang object to my use of Kant’s distinction between the perspective of the senses and the perspective of the understanding, because they identify it with a distinction between scientific and philosophical worlds. I argue that a distinction of perspectives isn’t a distinction between worlds and that, in any case, the distinction is not between science and ethics. Finally, in responding to Machery’s objections to a couple of my proposals, I return to the suggestion that a coherentist epistemology is required to deal with the relations between science and ethics. (shrink)

Beginning from an analysis of moral obligation's form that I defend in The Second-Person Standpoint as what we are answerable for as beings with the necessary capacities to enter into relations of mutual accountability, I argue that this analysis has implications for moral obligation's substance. Given what it is to take responsibility for oneself and hold oneself answerable, I argue, it follows that if there are any moral obligations at all, then there must exist a basic pro tanto obligation not (...) to undermine one another's moral autonomy. (shrink)

Education lies at the heart of the Universal Declaration of Human Rights (UDHR): ‘Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms’. However, when education is mentioned in the philosophical literature on human rights, or even within the literature on educational policy, it is usually within the context of its being treated as a specific right—as education as a human right rather than human rights education. (...) Taking rights and obligations to be intimately tied within a full human rights educational regime, I argue for the role of education in establishing and realizing freedom from poverty as a human right. The arguments for why this freedom should be considered a human right are compelling. I offer five educational moments in the human rights movement in general, and the arguments for freedom from poverty as a human right, more specifically, in my discussion of human rights education. (shrink)

Emergence is interpreted in a non-dualist framework of thought. No metaphysical distinction between the higher and basic levels of organization is supposed, but only a duality of modes of access. Moreover, these modes of access are not construed as mere ways of revealing intrinsic patterns of organization: They are supposed to be constitutive of them, in Kant’s sense. The emergent levels of organization, and the inter-level causations as well, are therefore neither illusory nor ontologically real: They are objective in the (...) sense of transcendental epistemology. This neo-Kantian approach defuses several paradoxes associated with the concept of downward causation, and enables one to make good sense of it independently of any prejudice about the existence (or inexistence) of a hierarchy of levels of being. (shrink)